TERMS & CONDITIONS

Terms & Conditions

Terms & Conditions
Terms & Conditions

Notice

Please read these Terms and Conditions carefully. By accessing this site and any pages thereof, you agree to be bound by the Terms and Conditions below. If you do not agree to the Terms and Conditions below, do not access this site, or any pages thereof.

Copyright © Citigroup 2017. All Rights Reserved

Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by Citigroup unless otherwise indicated.

Trademarks

CITI, CITI and Arc Design, CITIBANK and CITIGROUP are trademarks and service marks of Citigroup Inc. and Citibank N.A., and are used and registered throughout the world. The Blue Wave design is trade dress of Citigroup and is used throughout the world. Citibank N.A.,, Citigroup Inc. and their subsidiaries also claim rights in certain other trademarks and service marks contained in these web pages.

Use of Information and Materials

The information and materials contained in these pages, and the terms, conditions, and descriptions that appear, are subject to change. Unauthorized use of Citigroup's web sites and systems including but not limited to unauthorized entry into Citigroup's systems, misuse of passwords, or misuse of any information posted on a site is strictly prohibited. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination by Citigroup and/or its affiliates. Investment services are not bank deposits or insured by the FDIC or other entity, and are subject to investment risks, including possible loss of principal amount invested.

Links

This site may contain links to web sites controlled or offered by third parties (non-affiliates of citigroup). Citigroup hereby disclaims liability for, any information, materials, products or services posted or offered at any of the third party sites linked to this web site. by creating a link to a third party web site, Citigroup does not endorse or recommend any products or services offered or information contained at that web site, nor is Citigroup liable for any failure of products or services offered or advertised at those sites. Such third party may have a privacy policy different from that of Citigroup and the third party website may provide less security than the citigroup site.

No Warranty

The information and materials contained in this site, including text, graphics, links or other items are provided "as is", "as available". Citigroup does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, expressed or statutory including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials.

Limitation of Liability

In no event will citigroup be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if citigroup, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

Submissions

All information submitted to Citigroup via this site shall be deemed and remain the property of Citigroup and Citigroup shall be free to use, for any purpose, any idea, concepts, know-how or techniques contained in information a visitor to this site provides Citigroup through this site. Citigroup shall not be subject to any obligations of confidentiality regarding submitted information except as agreed by the Citigroup entity having the direct customer relationship or as otherwise specifically agreed or required by law.

Availability

This site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.

Additional Terms

Certain sections or pages on this site may contain separate Terms and Conditions, which are in addition to these Terms and Conditions. In the event of a conflict, the additional Terms and Conditions will govern for those sections or pages.

Governing Law

Use of this site shall be governed by laws of the Hong Kong Special Administrative Region.

Citibank Online User Agreement

Terms and Conditions for Citibank Online User Agreement ("Agreement")

(Effective as of September 11, 2017)

  • Services

    1.1
    The words "I", "me" and "my" refer to any holder of the accounts maintained with you and including one or more individuals, sole proprietorship, partnership, corporation and unincorporated association or body. The words "you" and "your" refer to any and/or all of Citibank (Hong Kong) Limited (the "Bank") and Diners Club International (Hong Kong) Limited, as the case may be.
    1.2
    You have the discretion from time to time to determine the scope of functions, features or services ("Services") available on or through Citibank Online, set or change the daily cut-off time, withdraw or discontinue the Services without notice or responsibility to me. Any transaction done via the Services after the daily cut-off time in Hong Kong shall be treated as a transaction at next business day value.
    1.3
    Your Services enable me to be connected to your data and operation system through internet to have direct access to all or any of my accounts (including but not limited to savings, deposits, investment, secured/unsecured lending facilities and/or credit cards) (the "Accounts"), to provide instructions and/or effect transactions. Access may be made via personal computer, wireless web-enabled device or similar access device as may be allowed by you from time to time (“Device”). My use or continued use of the Services shall constitute my acceptance of this Agreement.
    1.4
    This Agreement shall be applicable to the Services and any Accounts which I may maintain or open with you from time to time.
    1.5
    My use of and all transactions and dealings effected by using the Services are subject to these terms, the Terms and Conditions for Accounts and Services and all other terms and conditions applicable to me from time to time including those set out on the website. Such terms and conditions shall apply as if they were expressly extended to the use of the Services.
    1.6
    This Agreement is supplementary to and not in substitution for any provisions in the Terms and Conditions for Accounts and Services.
  • Security Codes

    2.1
    To access the Services for the first time, I must register my card number (the "Card Number"), personal identification number ("PIN") and my account number (where applicable) issued or assigned by you online or in such other manner as you may from time to time specify.
    2.2
    I must subsequently choose my own user identification code (the "User ID") and password (the "Password") to access the Services and I may choose to change the User ID and Password at any time upon acceptance by you.
    2.3
    To access the Services, you may in your sole discretion require me to use a one-time password (the "OTP") generated by an electronic security device (the "Security Device", which may be in the form of a hard token, Citi Mobile Token or other devices as designated by the Bank from time to time) or sent by the Bank to my mobile phone number registered with you via SMS message. I understand that I may be required to designate and use an unlock code (“Unlock Code”) or Fingerprint Authentication/Touch ID (where applicable) in order to protect the access and use of the Security Device or the Device. It is my sole responsibility to apply to you for such Security Device or a replacement of the same in case of loss or malfunction.
    2.4
    For certain Services and transactions as determined by you from time to time and for extra security protection, you may, in your sole discretion, require me to obtain a one-time online transaction authorization code ("OAC") which you may use to authenticate my identity, instructions and/or banking transactions. The OAC may be sent to me via the Security Device, my mobile phone number registered with you via SMS message or in such other manner as you may from time to time specify. Without the OAC, I may not be able to proceed with the transaction via the Service and I will have to effect any such transactions via any branches of the Bank or by other means as notified by you.
    2.5
    I understand that Citi Mobile Token a function in-built and linked to Citibank Mobile Application and enables me to generate an OTP and/or OAC to authorize transactions without the use of a hard token. To use Citi Mobile Token, I will need to register Citi Mobile Token via Citibank Mobile Application installed on my Device (as may be acceptable to you from time to time). Citi Mobile Token involves creating and storing a unique soft token on my Device. Once bound with such soft token, my Device could be recognised by the Bank for authenticating my identity or other similar purposes. I understand that if I wish to stop using Citi Mobile Token or otherwise wish to unbind my Device with the registered soft token, I can do so by unregistering Citi Mobile Token, changing my Citibank Online Password or seeking assistance by calling CitiPhone Banking at (852) 2860 0333(852) 2860 0333.
  • My Instructions

    3.1
    You are hereby authorized (but are not obliged) to treat and consider as valid and binding on me any instruction given, or agreement made with you, through internet by any person using any of the Security Codes (as defined hereinafter) without making any inquiry as to the authority or identity of the person making or purporting to give such instructions or their authenticity notwithstanding any error, misunderstanding, fraud, forgery or lack of clarity in or authorization for their terms. You shall be entitled but not obliged to investigate the authenticity or authority of persons registering, using or generating my Security Codes (as defined below).
    3.2
    Advice or confirmation that an instruction has been received and/or a transaction has been effected through the Services may be provided by you. I acknowledge that there may be a time lag in transmission of instructions, information or data via the Services and such advice or confirmation pertaining to the Services shall not for any purpose whatsoever by taken as conclusive of my account balance and transaction status.
    3.3
    Any instructions given in connection with the Services by quoting any of the Security Codes (as hereinafter defined) as prescribed by you, once given, may not be rescinded or withdrawn without your consent. All such instructions given, as understood and acted on by you in good faith, shall be irrevocable and binding on me whether given by me or by any other person purporting to be me. You shall be under no duty to verify the identity or authority or the person giving such instruction or the authenticity of such instructions apart from verifying the Security Codes (as hereinafter defined) provided or submitted.
  • My Undertaking and Responsibilities

    4.1
    I agree not to allow anyone else to operate the Services on my behalf.
    4.2
    I shall keep the User ID, Password, OTP, Card Number, PIN, Fingerprint Authentication/Touch ID, Unlock Code and/or OAC (together the "Security Codes") and the Security Device secure and confidential. I shall not disclose the Security Codes or permit any of the Security Codes to be disclosed to any unauthorized person or allow the Security Device to come into possession or control of any unauthorized person.
    4.3
    If I discover or suspect that any of the Security Codes are known to someone else, compromised, lost or stolen and/or that the Device, my registered phone number, the related SIM card or the Security Device is lost or has otherwise come into possession or control of any unauthorized person or that and/or that any unauthorized use of the Services is being made, I shall immediately inform you via CitiPhone Banking (852) 2860 0333(852) 2860 0333 and, for security protection, immediately change my Citibank Online Password.
    I undertake:
    • to keep the Security Codes secret and the Security Device secure and shall not disclose or permit any of the Security Codes to be disclosed to any unauthorized person or allow the Security Device to come into possession or control of any unauthorized person and if I act in good faith and am diligent in safeguarding the Security Codes and the Security Device, I shall not be liable for any unauthorized transactions made through the Services;
    • to inform you as soon as reasonably practicable if I know or suspect that someone else knows any of the Security Codes or that the Security Device has come into possession or control of any unauthorized person or that unauthorized transactions have taken place or if the Device or Security Device is lost or stolen, and if I fail to do so I shall be liable for any unauthorized transactions made;
    • to be liable for all losses if I act fraudulently or with gross negligence including but not limited to properly safeguard or knowingly allow the use by others of any of the Security Codes or the Security Device. However, I shall not be liable for indirect, special or consequential loss or damages;
    • not to decompile, reverse-engineer, translate, convert, adapt, alter, modify, enhance, add to, delete or in any way tamper with, or gain access to, any part of the Services, the Security Device or any website established, operated and/or maintained by or on behalf of you (the “Internet Site”), or any software comprised in them;
    • to use a PIN number or other security code to prevent unauthorized access to my mobile devices, tablets or other wireless web-enabled device or other device used to access the Services (the “Device”);
    • not to leave the Device or Security Device I am using unattended while I am using the Device to access the Services or Security Codes and to make sure that any information and Security Codes stored or displayed on the Device or Security Device is kept secure;
    • to delete the application offered by the Bank for accessing the Services from my Device if I change device or dispose of it;
    • to only use the Device in accordance with its manufacturer's instructions and ensure that its security software is up to date, that the Device is working properly and that I have followed the operating instructions when using the Device; and
    • to ensure that the Device does not have any computer viruses, bugs or other malicious, destructive or corrupting software, code, agent, program or macros, and/or phishing or social engineering schemes which utilise computer software or telecommunications to obtain my personal data or User ID, Password, OTP, Card Number, PIN, Fingerprint Authentication/Touch ID, Unlock Code and/or OAC or any other information related to me for malicious or fraudulent purposes, including, without limitation, through Structured Query Language injections, cross site scripting, worms, Trojan horses, adware or spyware.
    4.4
    Unless Clause 4.5 applies, I shall be fully liable and responsible for all consequences arising from or in connection with the use of the Services (including, without limitation, the use of any of the Security Codes or the Security Device).
    4.5
    Subject to clause 5.1, I am not responsible for unauthorized transactions in the Accounts (if I have not acted fraudulently or with gross negligence) caused by:
    • a computer crime not prevented by your security system;
    • a human or system error caused by you resulting in an improper transaction leading to lost or misplaced funds; or
    • a missed or mis-directed payment caused by you.
    4.6
    In case any Account which is accessible through the Services is a joint or partnership account, I shall be responsible for the liabilities and obligations of the other account holder(s) or partner(s) howsoever arising on a joint and several basis.
    4.7
    I shall check my accounts and statements on a regular basis and inform you as soon as reasonably practicable about any errors or unauthorized transactions.
    4.8
    I shall indemnify you against all liabilities, claims, demand, losses, damages, costs, charges and expenses of any kind (including, without limitation, legal fees on a full indemnity basis) which may be incurred by you and all actions or proceedings which may be brought by or against you in connection with the provision of the Services or the exercise of your powers and rights under these Terms and Conditions, unless due to your gross negligence or willful default or Clause 4.5 applies.
  • Liabilities of the Bank

    5.1
    Unless there is gross negligence or willful default of you, you shall not be liable to me for
    • use of the Services and/or access to any information as a result of such use by me or any other person whether or not authorized;
    • any interruption, interception, suspension, delay, loss, unavailability, mutilation or other failure in providing the Services (including but not limited to any interruption, interception, suspension, delay or failure to generate the Device Password and/or the OAC), in transmitting instructions or information relating to the Services or in connecting with the website caused by any acts, omissions or circumstances beyond your reasonable control, including without limitation any computer, telecommunication, electrical or network failure;
    • transmission and/or storage of information and/or data relating to me, the Services and/or transactions or dealings conducted by me pursuant to the Services through or in any system, equipment or instrument of communication network provider.
    5.2
    You do not warrant or represent that the Services and the Internet Site are free from virus or other destructive features which may adversely affect my hardware, software or equipment.
    5.3
    You will make reasonable efforts to ensure that the Security Device provided to me will perform as necessary to permit access to the Services. I will notify you immediately if any Security Device fails to function correctly. You may, if you are satisfied at your sole discretion that the Security Device's failure to function correctly is not caused by default or negligence on my part, replace the same with a new Security Device. You shall not have any liability for breach of any implied term as to satisfactory quality, merchantability or fitness for purpose of any Security Device. You will not be held liable for any loss or damages incurred or suffered by me arising from my failure to safe-keep and/or use the Security Device in accordance with your instructions and recommendations.
    5.4
    Subject to the provisions herein, if you are found liable for your acts or omissions for any reason whatsoever, your liability shall be limited to the amount of the relevant transaction or my direct damages whichever is less. You shall not be liable to me for any indirect, special or consequential loss or damages.
    5.5
    In connection with any transfer of funds through the use of the Services to a third party account maintained with you or other financial institutions or persons, you will not assume any responsibility or obligation for any transfer or error arising out of my failure to provide or input sufficient or accurate data to enable my proposed transfer.
  • Service Fee

    6.1
    You may from time to time charge a service fee at such rate as you may notify me for my use of your Services. All charges associated with gaining access to the Services will be borne by me.
  • Supply and Disclosure of Information

    7.1
    I and (if applicable) each of our partners/committee members/directors understand and agree that my/his use of any of your facilities and services and all account(s) opened by me/him will be governed by the Policy Statement relating to the Personal Data (Privacy) Ordinance ("PDPO Policy") available on the website maintained by you. I and (if applicable) each of our partners/committee members/directors hereby understand that the PDPO Policy contains your policies and practices from time to time in force relating to personal data, including without limitation its collection, use, possession, dispatch, transmission, access and correction and other matters incidental thereto.
    7.2
    I and (if applicable) each of our partners/committee members/directors understand that my/his data may be disclosed to, processed or kept by your service providers and other classes of persons as set out in the PDPO Policy.
    7.3
    I and (if applicable) each of our partners/committee members/directors may always contact such persons referred to in the PDPO Policy to gain access to and request correction to me/his information provide to you.
  • Amendments and Cancellation

    8.1
    You have the right to amend, add, delete, replace or supplement any of this Agreement at any time by giving notice to me, and the same shall become binding on me from the date of their adoption by you and shall be deemed to have come to my attention by their being displayed at the websites or any other mode which you deem fit.
    8.2
    I may cancel the use of the Services at any time by giving notice through the CitiPhone Banking (852) 2860 0333(852) 2860 0333 or by using any other methods as you may notify me from time to time.
  • Law and Jurisdiction

    9.1
    The Services and the Agreement shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People Republic of China ("Hong Kong"). I hereby irrevocably submit to the non-exclusive jurisdiction of the Hong Kong courts.
CITI MOBILE® APP USER AGREEMENT

Terms of Use for Applications offered by Citibank (Hong Kong) Limited

BY DOWNLOADING AND USING THE APPLICATION OFFERED BY CITIBANK (HONG KONG) LIMITED (“CHKL”) FOR MOBILE DEVICES, TABLETS OR OTHER DEVICES (THE “APPLICATION”), I AGREE TO BE BOUND BY THESE TERMS OF USE FOR APPLICATIONS OFFERED BY CHKL AND ANY OTHER POLICIES, TERMS OR OTHER DOCUMENTS THAT MAY BE PUBLISHED FROM TIME TO TIME, WHICH ARE EXPRESSLY INCORPORATED HEREIN BY REFERENCE, INCLUDING, BUT NOT LIMITED TO THE EXISTING CITIBANK ONLINE USER AGREEMENT, THE CITIBANK TERMS AND CONDITIONS FOR ACCOUNTS AND SERVICES AND ANY OTHER AGREEMENT BETWEEN CHKL AND ME (COLLECTIVELY THE “TERMS AND CONDITIONS”). IF I DO NOT AGREE TO THE TERMS AND CONDITIONS, I SHALL NOT DOWNLOAD, INSTALL, COPY, OR OTHERWISE USE THE APPLICATION.

The following are the Terms of Use for the Service (as defined hereinafter) and the Application. The Application is offered by CHKL. These Terms of Use, which may be amended from time to time, shall apply to any person (referred to herein as "I" or "me") who accesses or uses any feature of the Application.

The Service in these Terms of Use means a service available to every customer of CHKL allowing them to access CHKL’s banking services with a compatible wireless web-enabled device or other device, each as may be designated by CHKL from time to time (“Device”). I can enroll to obtain account information and make selected transactions using my Device. There is no charge for using the Service. Regular account charges will apply to services and features that are accessible through the Service. The telecommunications carrier for my Device may impose an extra fee in order to make such device 'wireless web enabled'.

I am granted a non-exclusive, non-sublicensable, non-transferable, personal, limited license to install and use the Application only on a Device that I own or control, solely for my personal use and as expressly permitted herein. Certain software that CHKL uses to provide the Service has been licensed from third parties (each a "Third Party Licensor") that is not affiliated with CHKL. This limited right to use such software is revocable at any time in the discretion of CHKL. CHKL and its Third Party Licensors retain all right, title and interest in and to the Application and any modifications and updates thereto. I agree not to decompile or reverse engineer any software in the Application. All rights not expressly granted to me herein are reserved.

The Service is provided "as is" and without warranty. I acknowledge and agree that from time to time, the Service may be delayed, interrupted or disrupted for an indeterminate period of time due to circumstances beyond the reasonable control of CHKL including, without limitation, any inaccuracy, interruption or delay in transmission by the telecommunications carrier used with the Device to access the wireless web, or any interruptions, disruption or failure in the provision of the service, whether caused by strikes, power failures, equipment malfunctions or other reasons. CHKL, its affiliates or a Third Party Licensor shall not be liable for any claim arising from or related to the Service arising from any such delay, interruption, disruption or similar failure. In no event will CHKL or any affiliate or Third Party Licensor be liable for indirect, consequential or special damages, including lost profits, arising from my use of the Service, even if such damages were reasonably foreseeable and notice was given regarding them. These limitations will apply to all causes of action, whether arising from breach of contract, tort (including negligence) or any other legal theory.

My attention is drawn to the section of the Terms and Conditions for Accounts and Services entitled “Access to Accounts by Card or Code” which contains important information on my rights and responsibilities when making transactions using the Service. The standard limitations on transfers and bill payments apply to transactions made through the Service.

By identifying a device as eligible for use with the Service, CHKL does not recommend, endorse or make any representation or warranty of any kind regarding the performance or operation of such device. I am responsible for the selection of a device and for all issues relating to the operation, performance and costs associated with such device with my telecommunications carrier.

I undertake to inform CHKL as soon as reasonably practicable if I know or suspect that someone else is able to access my Device or the Application, or if my Device has come into possession or control of any unauthorized person.

CHKL and its Third-Party Licensors have no obligation to correct any bugs, defects or errors in the Service or Application, or to otherwise support, maintain, improve, modify, upgrade, update or enhance the Service or Application. Except as otherwise required by applicable law or regulation, CHKL may terminate my use of the Service and expand, reduce or suspend the type and/or dollar amounts of transactions allowed using the Service, change the enrolment process and transaction limits associated with it from time to time based on security issues and other factors at any time in its sole discretion without prior notice.

I acknowledge and agree that CHKL may collect, transmit, store, and use technical, location, and login or other personal data and related information, including but not limited to technical information about my Device, system and application software, and peripherals, and information regarding my location, that is gathered periodically to facilitate the provision of software updates, product support, and other services to me (if any) related to, or in connection with, the Service.

When I use the Service or the Application, CHKL and third parties that CHKL works with may use cookies and/or pixel tags to collect information and store my preferences. CHKL may use the information for security purpose, to facilitate navigation, to display information more effectively, and to personalize my experience while using the Service or the Application, as well as for online tracking purposes. CHKL may recognize my Device to assist my use of the Service or the Application. CHKL also gathers statistical information about the usage of the Application in order to continually improve the design and functionality, understand how the Application is used and to assist CHKL with resolving questions regarding the Application. Cookies further may allow CHKL to select which of its advertisements or offers are most likely to appeal to me and display them while I am on the Application. CHKL may also use cookies in online and mobile advertising to track responses to its advertisements and to measure the success of its marketing campaigns.

I note that cookies and pixel tags do not capture any information that can personally identify me. The information CHKL gathers help to improve user experience and may include: time and duration of my use of the Application; and pages I viewed while using the Application.

As a customer of CHKL, the data submitted by me through use of the Service or Application will also be governed by the Policy Statement relating to the Personal Data (Privacy) Ordinance of CHKL available on www.citibank.com.hk.

CHKL has the right to amend, add, delete, replace or supplement any of these Terms of Use at any time by giving notice to me, and the same shall become binding on me from the date of their adoption by CHKL and shall be deemed to have come to my attention by their being displayed at the websites or any other mode which CHKL deems fit. My continued use of the Service or Application shall constitute my acceptance of any such changes or modifications.

Certain Services or Applications may be subject to separate terms and conditions, which are in addition to these Terms of Use. In the event of a conflict, the additional terms and conditions will govern for those Services or Applications.

The laws of the Hong Kong Special Administrative Region of the People Republic of China (“Hong Kong”) shall govern these Terms of Use. I hereby irrevocably submit to the non-exclusive jurisdiction of the Hong Kong courts.

In case of discrepancies between the English and Chinese version of these Terms of Use, the English version shall prevail.

Depending on the type and model of my Device, I may be able to activate the Fingerprint Authentication/Touch ID sensor of my Device so that I can access the Application and authorise transfers from my account to any pre-registered payees using my fingerprint instead of a password. Activating Fingerprint Authentication/Touch ID sensor means that any fingerprint saved on my Device, now or in the future, can be used to access the Application and transfer money from my account to any pre-registered payees. I agree not to activate the Fingerprint Authentication/Touch ID sensor for the Application if I have any other person’s fingerprint saved on my Device at any time. If anyone else's fingerprint is stored on my Device, any access obtained, or transfers or other transactions made, using Fingerprint Authentication/Touch ID sensor will be deemed authorised by me, and I will be responsible for all access, transfers and other transactions made.

I acknowledge and agree that CHKL is not responsible for the Fingerprint Authentication/Touch ID sensor technology on my Device and CHKL expressly excludes any statutory or other warranty, condition, term or undertaking as to the quality, accuracy or performance of Fingerprint Authentication/Touch ID as a means for securing access to and using the Application. By activating the Fingerprint Authentication/Touch ID sensor for the Application, I agree to CHKL using and relying on Fingerprint Authentication/Touch ID sensor to authenticate my identity, instead of requiring my password. I agree that CHKL may treat and consider as valid and binding on me any instruction given, or agreement made with CHKL, which is authenticated through Fingerprint Authentication/Touch ID sensor without CHKL making any further inquiry as to the authority or identity of the person making or purporting to give such instructions or their authenticity notwithstanding any error, misunderstanding, fraud, forgery or lack of clarity in or authorization for their terms. For certain transactions, I acknowledge that CHKL may still require my password and/or another form of authentication even though I have accessed the Application using Fingerprint Authentication/Touch ID sensor.

Apple-Specific Terms and Conditions

In addition to my agreement with the foregoing terms and conditions, I acknowledge and agree to the following provisions if I use the Application on iPhone, iPad or other devices operating on the Apple mobile operating system (iOS).

These Terms of Use form an agreement between CHKL and me. Apple Inc. ("Apple") is not a party to these Terms of Use and does not own and is not responsible for the Application. Apple is not providing any warranty for the Application, except if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the Application and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Application, including, without limitation, any third party product liability claims, claims that the Application fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the Application, including those pertaining to intellectual property rights, must be directed to CHKL via CitiPhone Banking (852) 2860 0333.

The license I have been granted herein is limited to a non-transferable license to use the Application on any Device that I own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service. In addition, I agree to comply with the terms of any third party agreement that is applicable to me when using the Application, such as my wireless data service agreement.

I hereby represent and warrant
(i) I am not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and
(ii) I am not listed on any U.S. Government list of prohibited or restricted parties.

I acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of these Terms of Use and that, upon my acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the same against me as a third party beneficiary thereof.

© 2017 Citigroup Inc. Citi, Citi with Arc and other marks used herein are service marks of Citigroup Inc. or its affiliates, used and registered throughout the world.

Apple, the Apple logo, iPhone, iPad and Touch ID are trademarks of Apple Inc., registered in the US and other countries. App Store is a service mark of Apple Inc., registered in the US and other countries.

e-Statement / e-Advice / Citi Alerts Services

Terms and Conditions for e-Statement / e-Advice / Citi Alerts Services

  • I may enroll for the service in which an electronic form of statement of accounts(s) and designated advice of account(s) will be made available by electronic means ("e-Statement Service" & “e-Advice Service” respectively), upon enrollment of which I will no longer receive my monthly Statements and designated advice in paper form (designated advice being the types of advice as listed on your website www.citibank.com.hk/e-advice from time to time). I may also enroll for the service in which you may send alerts via electronic means ("Citi Alerts Service"). I agree to abide by any and all laws, rules, regulations and official issuances applicable to the e-Statement Services, the e-Advice Service and the Citi Alerts Service (as the case may be), now existing or which may hereinafter be enacted, issued or enforced, as well as such other terms and conditions governing the use of other facilities, benefits or services you may from time to time make available to me in connection with e-Statement Service / e-Advice Service / Citi Alerts Service. I also agree to pay any fee associated with the use of e-Statement Service / e-Advice Service / Citi Alerts Service as you may prescribe from time to time.
  • You have the discretion from time to time to modify, restrict, withdraw, cancel, suspend or discontinue the e-Statement Service / e-Advice Service / Citi Alerts Service without giving any reason or prior notice.
  • I understand that e-Statement Service / e-Advice Service / Citi Alerts Service are available to me provided that I have appropriate internet and telecommunication services and equipment. I shall keep such equipment used for e-Statement Service / e-Advice Service / Citi Alerts Service secure and shall prevent anyone else from accessing any confidential information.
  • I agree that you shall use reasonable effort to ensure that the e-Statement Service / e-Advice Service / Citi Alerts Service are secure and cannot be accessed by unauthorized third parties. However, I acknowledge that you do not warrant the security, secrecy or confidentiality of any information transmitted through any applicable internet service provider, network system or such other equivalent system in any jurisdiction via e-Statement Service / e-Advice Service / Citi Alerts Service. I confirm that I understand and accept all possible risks involved in using the e-Statement Service / e-Advice Service / Citi Alerts Service including, without limitation, e-Statement Service / e-Advice Service / Citi Alerts Service being accessed, intercepted, monitored, amended, tempered with or being sent or disclosed to other parties without my authorization.
  • I agree that you shall not be liable for any loss, damages or expenses that I shall incur, including without limitation, any loss or damage caused to my data, software, computer, telecommunications equipment or other equipment in connection with my use of e-Statement Service / e-Advice Service / Citi Alerts Service unless they are caused solely and directly by your negligence or willful default.
  • e-Statement Service / e-Advice Service / Citi Alerts Service use proprietary software of you, your affiliates and/or other software suppliers. I agree that you have granted to me a non-exclusive license to use this software in connection with the e-Statement Service / e-Advice Service / Citi Alerts Service that allows me to use such software only for its intended purposes. I agree that I shall not disassemble, decompile, copy, modify or reverse engineer any such software or allow anyone else to do so.
  • I agree that the successful delivery of emails (if applicable) in connection with the e-Statement Service / e-Advice Service / Citi Alerts Service by you to my designated email address shall be deemed to be delivery of monthly Statements/designated advice/alerts to me. You may, at your sole discretion, send any Statement/advice/alerts to my last registered mailing address should you fail to send emails in connection with the e-Statement Service / e-Advice Service / Citi Alerts Service at my registered email address or for any other reason.
  • I undertake to provide to you my updated and correct email address in order to use e-Statement Service / e-Advice Service / Citi Alerts Service.
  • Upon failing to send emails in connection with the e-Statement Service / e-Advice Service to me, e-Statement Service and e-Advice Service will be automatically cancelled and you will resume sending Statements and advices in paper form to me.
  • To cancel enrollment for e-Statement Service and e-Advice Service, I shall before the date of the next Statement/advice through CitiPhone Banking at (852) 2860 0333(852) 2860 0333 or your branches. Upon cancellation of enrollment of e-Statement Service and e-Advice Service, you will resume sending Statements and advices in paper form to me.
  • I acknowledge that any information received by me via my telecommunications equipment pursuant to the Citi Alerts Services is for my (and not any other person's) reference only, and shall not be taken as conclusive evidence of the matters to which it relates.
  • Neither you nor any of the telecommunications companies designated by you for the purposes of providing Citi Alerts Service will assume any liability or responsibility for any failure or delay in transmitting information to me or for any error or inaccuracy in such information unless it results from any negligence or wilful default on the part of you or of such telecommunications company. In particular, I understand that neither you nor any such telecommunications company shall assume any liability or responsibility for consequences arising from any cause beyond its reasonable control including, without limitation, failure of my telecommunications equipment to receive information for whatever reason, any telecommunications breakdown, internet service provider failure, power failure, malfunction, breakdown, interruption or inadequacy of equipment or installation, act of God, government act, civil commotion, strike, war, fire, flood or explosion.
The Citibank Global View of Accounts

The Citibank Global View of Accounts Terms and Conditions and User Agreement (Hong Kong)

This Web site Terms and Conditions and User Agreement were updated on 24 November 2008.You should retain a copy of this Agreement and Terms and Conditions for your records.

Global View of Accounts is a service under Citigold Global Banking that provides Citigold clients with an online view only summary of their multi-country Citibank accounts, from their home country. Through Global View of Accounts, a client's Internet home page in their home country will provide a view only account summary for each country registered where the client has a Citibank banking relationship. The client can then further launch the internet banking session of any other registered country with a single click and through the provision of his logon credentials of that respective country, perform banking activities in that country.

This Website Terms and Conditions and User Agreement and each related document for authorization or designation by the account owner (collectively referred to as "the Agreement"), represent the entire agreement between you and us with regard to your access to and use of the Web site and the Services, as defined herein.

The Agreement governs your access to and use of certain electronic services now or hereinafter made available to you by us (the "Services") on the Internet via the Citibank client Web site (the "Web site"), including electronic access to information about your Citibank accounts. Before you can use the Services or access the Web site, you must accept the terms and conditions of this agreement.

The Agreement is in addition to, and does not modify, any other agreement, including amendments to any such agreement that you have signed governing your relationship with Citibank. Accounts and other services made available to you via the Web site will be governed by separate agreements between you and us, although those agreements will be deemed to have been supplemented by the terms of the Agreement when you access them via the Web site. By accessing the Web site and using the Services, you agree to comply with all rules or restrictions contained in the Agreement, as modified from time to time.

The terms of the Agreement are effective as of 24 November 2008.

By accessing the Web site, you will be conclusively presumed to have notice of the most recent version of this Agreement.

Therefore, please make sure you review the terms of this Agreement from time to time, particularly if the most recent revision date is after the date on which you last reviewed them. If you use the Web site and the Services after notification of a change in this Agreement, you will be bound by all such changes.

You further agree that you will be bound by and agree to such Citibank client Web site terms and conditions and User Agreement as uploaded on the Citibank client Web site from time to time.

If you have any questions about the terms of this Agreement, please contact your Citibank banker.

You may be asked to agree to or accept the terms and conditions of this Agreement by clicking on an "I agree", "I consent" or other similarly worded button or entry field with your mouse, keystroke, or other computer device. By doing so, you expressly consent to be governed by the entire Agreement as described.

In addition, you agree to the following:

  • You request access generally to the Web site.
  • You request that ALL accounts in your name will automatically appear in the Web Report, including any accounts that are jointly owned by you and another party or parties.
  • You request that information be made available to you on the Web site for each account, if any, for which you currently receive information or that you have otherwise designated to your Citibank banker for this purpose (referred to below as "Designated Accounts").
  • You consent to receive this Agreement and all future notices, information and regulatory disclosures in electronic form (see "Consent to Electronic Delivery of Notices, Disclosures, etc." below) and you confirm that you have available the software and hardware required to view and retain such information.
  • You agree to provide us with your external e-mail address and to notify us promptly if your external e-mail address changes.
  • You acknowledge and agree that you have read and agree to be bound by this Agreement
  • You acknowledge that during your use of the Web site, information about you, your accounts, and your relationship with Citibank may be transferred cross-border, and you release us from any duty we might otherwise have to observe the banking secrecy laws of any relevant jurisdiction.
  • By accessing the Web site and using the Services following your acceptance of this Agreement, you agree to comply with all rules or restrictions contained in this Agreement, as modified from time to time.

"You," "your," and "yours" refer to you, the individual requesting access to the Web site and the Services. Where the context so admits, "you," "your," and "yours" may also mean any "Third Party Users" iV persons that you have authorized to access your account information in a Third-Party User Agreement.

"Citibank," "Citigold" and "we," "us," or "our," refers to Citibank. Citibank is a business of Citigroup Inc., providing products and services to private and consumer banking clients through various Citigroup affiliates, including Citibank (Hong Kong) Limited, Citibank, N.A., Citigroup Global Markets Inc., and various other affiliates of Citigroup Inc.

"Citibank" means Citigroup Inc. and any of its affiliates, successors or assigns.

"Web site," "the site," or "client Web site" refers to the Citibank client Web site accessible at http://www.citibank.com.hk and http://www.citigold.com.hk.

"The Services" refers to the electronic services made available to you by us on the Internet via the Web site.

"Information" means on-line account status, securities quotations and any other quotations (such as foreign exchange or interest rates), research commentaries, and news stories and any other information provided through the Web site by Citibank or any unaffiliated third party vendor ("Other Information Provider").

"Information provided by you" means any information provided by you regarding your investment objectives, risk tolerance levels or interest in particular products or services, and your transactions via the Web site, including any data we compile from your usage of the Web site.

"Other Software Supplier" means any unaffiliated supplier of software used on, or used to access, the Web site.

As explained below in the "Terms Governing Your User Name and Identity Authentication", your User Information is your private entry key into the Web site. You should never share it with anyone, including any Third Party Users. Identifier requirements and procedures for changing your User Information from time to time will be provided on the Web site.

We currently intend to provide the Services to you through facilities located in the United States and facilities outside the United States. In addition, in order to create and maintain a user profile for you, and to provide the Services to you via the Web site, we may need to access information about you, your accounts and your relationship with us from or through - or send such information to - Citibank branches, affiliates or service providers (including Citibank affiliates with which you maintain an account relationship) that are located outside the jurisdiction where the relevant account is maintained and may be located outside the United States. Such information may temporarily or permanently reside in locations outside of the United States, or the jurisdiction where the relevant account is maintained and such information therefore may be subject to supervision by the regulatory authorities in each jurisdiction where services are performed or information resides, as well as in New York, or the jurisdiction where the relevant account is maintained and in the jurisdiction of your residence or citizenship. If you are a resident of the European Union, such other countries may not offer "adequate protection" for the purposes of directive 95/46/EC of the European Union (as amended).

Therefore, in consideration of the Services provided to you, you hereby authorize and consent to such cross-border access. In addition, you hereby release us from any duty we might otherwise have to observe the banking secrecy laws of any relevant jurisdiction, and you authorize us to access information about you, your accounts and your relationship with us, via the Internet, from inside and outside the country where you maintain your account relationship with us and from inside and outside the country where your accounts with us are booked and/or serviced. You also hereby authorize us to disclose to other Citibank offices (including, without limitation, the New York branch of Citibank, N.A.) such information regarding you (including, in the case of accounts held in the name of a private investment company, Trust or other entity, information about the beneficial owner(s) or donors thereof), your accounts and your relationship with us as may be required from time to time to provide such Services to you. You expressly acknowledge and agree that in doing so, data about you, your accounts and your relationship with us will be transferred cross-border.

You also acknowledge that the information available to you via the Web site, including your account information, can become subject to the legal systems and laws in force in each state or country (a) where it is held, received or stored by you or us, (b) from where it is accessed by you or us, or (c) through which it passes. You understand that the information can become subject to disclosure pursuant to the laws of those states or countries and you acknowledge and accept the consequences that may result from such disclosure. In addition, because your account(s) may include information about more than one individual (e.g. where you maintain a joint account) and about your business relations with Citibank and its affiliates, you acknowledge and accept that statements released to comply with legal process may contain information regarding your relationship with these individuals and with us and our affiliates.

In order to enable you to view information about your accounts via the Web site, we must transfer information about those accounts to the Web site from the Citibank branch, subsidiary or affiliate where the accounts are held, and then consolidate and link that information to provide you with access to that information via the Web site. This information may reside, temporarily or permanently, on the Web site, and will be subject to the legal systems and laws in force in the jurisdiction where the relevant account is maintained, the jurisdiction of your residence or citizenship as well as those of New York. You expressly acknowledge and agree, therefore, that your ability to access and download such account information via the Web site may enable third parties, including official bodies and authorities and private persons, to compel us to disclose your interest therein and/or your relationship to other persons that have an interest therein, and you accept the consequences that may result from such linkage and disclosure.

You consent to electronic delivery of all future notices, disclosures and regulatory information, including those covered by laws which require delivery to be "in writing", and you may be asked, from time to time, to demonstrate your consent by clicking on an "I agree", "I consent" or other similarly worded button or entry field with your mouse, keystroke or other computer device. Such notices and disclosures include notices regarding this Agreement, your use of the Web site and the Services, and your relationship with us. Such disclosures may also include prospectuses, private placement memoranda, offering statements and other disclosure documents that describe specific products, services or offerings. Notices, disclosures, information and other documents may be delivered in electronic form in "portable document format" (.pdf) or HTML format.

Electronic notices and disclosures may be delivered to you by posting them on the Web site, by secure e-mail on the Web site, or by sending you an external e-mail at the e-mail address you have provided to us. We will send you a notice alerting you if delivery is by posting to the Web site or via secure e-mail on the Web site.

You may be asked, from time to time, to demonstrate that you can access the disclosures and regulatory materials on the Web site by clicking on an "I agree," "I consent" or other similarly worded button or entry field with your mouse, keystroke or other computer device. If you do not so demonstrate your ability to access the disclosures and regulatory materials on the Web site, we may terminate your use of the Services and of the Web site. We will notify you of any changes in such hardware or software requirements, whereupon you may be asked to demonstrate that you can access the information in the changed form in which it will be sent.

The Web site gives you 24-hour access to Information and Services, and allows you to download certain Information to a personal computer or other electronic device. Access to the Web site is provided via the Internet and the World Wide Web, through an unaffiliated Internet Service Provider. The Services and Information may include:

  • If you choose, access to your on-line account status, including information about all or some of your Citibank accounts, account holdings, market values, securities positions and cash balances, and information about settled and pending transactions for your account (see "Data Protection; Privacy and Confidentiality- Persistence of Viewed Data On Your Computer or Other Access Device" below).
  • The ability to communicate with us through a secure e-mail function on the Web Site (see "Data Protection; Privacy and Confidentiality-Citibank Web Mail" below).

Additional Services

We may offer additional products and services via the Web site from time to time that are governed by different or additional terms and conditions. Such products and services are subject to any disclosures or disclaimers found therein. You may receive notice of such additional offerings when you access the Web site.

The Services and Information Do Not Constitute an Offer or Solicitation

The Services provided on the Web site are for informational purposes only and do not constitute an offer to sell or a solicitation of an offer to buy any product or service which may be referenced on the Web site, except where an offer is explicitly made through the availability of a prospectus on the Web site. Such offers can only be made where lawful under applicable law. If you wish to learn more about any product or service referenced on the Web site, you should contact your banker.

For a full statement of the policies and procedures governing the privacy and security of information you submit to Citibank or that Citibank collects about you, please review the enclosed link: Citibank Privacy Policy for Consumers and Citigroup's Policy Statement relating to the Personal Data (Privacy) Ordinance.

The Citibank Privacy Policy for Consumers and Citigroup's Policy Statement relating to the Personal Data (Privacy) Ordinance discusses the type of information we may collect from or about you, how we collect such information, and whether and how we disclose this information to any companies within the Citibank family, to service providers, or to third parties. The Citibank Privacy Policy for Consumers and Citigroup's Policy Statement relating to the Personal Data (Privacy) Ordinance also describes the data protection methods Citibank employs to help keep your personal information secure

Terms Governing Your User Name and Identity Authentication

We will provide you with a User Name and a secure means of authenticating your identity, which may be a password, digital certificate, "smart card" or other identifier (your User Name, together with your other identity authentication information, is referred to as your "User Information"), to help protect the security of your account data, which you agree to safeguard. Your User Information is your private entry key into the Web site. You should never share it with anyone, including any Third Party Users. Identifier requirements and procedures for changing your User Information from time to time will be provided on the Web site. We reserve the right to change your User Information at any time by giving notice to you.

You undertake to: (i) keep the User information and Information secure and confidential and not disclose or permit it to be disclosed to any unauthorized person; (ii) inform us as soon as reasonably practicable via Citigold 24-Hour Phone Banking (852) 2860 0111 if you know or suspect that someone else knows the User Information or believe the confidentiality of all or any of your User Information has been lost, stolen or compromised in any way or that actual or possible unauthorized transactions have taken place. You understand that if you fail to do so you shall be liable for any unauthorized transactions made; and (iii) be liable for all losses if you act fraudulently or with gross negligence including but not limited to failing to properly safeguarding or knowingly allowing the use by others of the User information. Subject to the provisions set out under the section "Limitations On The Liability of Citibank and Other Service Providers" below, unless you act fraudulently or with gross negligence (including but not limited to failing to properly safeguarding or knowingly allowing the use by others of the User Information), you are not responsible for any direct loss suffered by you as a result of unauthorized transactions conducted through your account made available to you on the Web site.

You shall check your account and statements on a regular basis and inform us as soon as reasonably practicable about any errors or unauthorized transactions.Any instruction given in connection with the Services by quoting the User Information, once given, may not be rescinded or withdrawn without our consent. All such instructions given, as understood and acted on by us, shall be irrevocable and binding on you whether given by you or any other person. Citibank shall be under no duty to verify the identity or authority of the person giving any such instruction or the authenticity of such instruction apart from verifying the User Information. Citibank will only act on an instruction insofar as it is in its opinion practicable and reasonable to do so and in accordance with its regular business practices and procedures.

Persistence of Viewed Data on Your Computer or Other Access Device

Some Internet browsers (e.g. Microsoft ® Internet Explorer) automatically copy some kinds of viewed information to a computer's or other device's disk cache, even if you do not select "Save to Disk" or otherwise instruct the browser to download, store or record information to a hard drive or disk. Even if you do copy viewed information to a disk or hard drive, some Internet browsers will also automatically copy the information to the disk cache. To reduce the risk of unauthorized viewing of information you have viewed, therefore, you should be sure to clear the disk cache and their history after you leave the Web site. This precaution is particularly important if you use a public or third party's access device or if someone else has or could have access to your access device. You should also contact us immediately if your computer or other access device is lost or stolen or if you believe that an unauthorized person has obtained access to your personal information.

Use of Third-Party Software

You may, from time to time, have to access software from unaffiliated vendors (such as Netscape Communications Corporation, Microsoft Corporation, Adobe Systems Incorporated, and other vendor companies) that is made available to you in order to access information on the Web site. By accepting and using such software, you accept and agree to comply with the terms and conditions of all software licenses and service agreements, which will appear on screen when you sign onto the Web site. We do not accept any responsibility for your use of any third party vendor's software or services.

Lost or Stolen Access Devices

If you use software that we have given you to access the Web site, please remember that this software is valuable, and it is important for you to exercise care with it. Never lend it to anyone. Contact us immediately if you think such software has been stolen or lost or if you believe that an unauthorized person has obtained access to your User Information.

You represent and warrant that this Agreement is your legal, valid and binding obligation, enforceable against you in accordance with its terms. Furthermore, by accessing the Web site, you:

  • Represent on a continuing basis that you are authorized to view any account, subaccount or portfolio for which you have requested access;
  • Represent on a continuing basis that you have observed and will continue to observe all laws and regulations applicable to you and your activities in respect of your use of the Web site;
  • Agree that we can, in providing the Services and Information to you, rely on the financial and other information provided by you to us from time to time; and
  • Agree that Citibank and its agents and support services providers may download certain information to your computer or other access device.

Citibank makes no warranties or promises to you regarding the following:

  • Completeness, Accuracy and Timeliness of Information: Citibank does not guarantee the accuracy, completeness, sequence or timeliness of the Information, nor will we have any responsibility for indirect, consequential, or special damages you may incur (i) for any reliance by you on Information or for the reliability, accuracy, completeness, sequence or timelines thereof; (ii) for any delays or errors in the transmission or delivery of any part of the Information or Services; or (iii) for any use of Citibank Web Mail or external e-mail.
  • Timeliness of Price Quotations on the Web site: Any quotations or prices provided as part of the Services may be delayed and may not reflect the prices at which the applicable securities may be bought or sold or the rates at which a transaction may be executed. You should not make any decision to buy or sell securities based on such quotations or prices. If you wish to execute a transaction on-line you should note that the rates quoted are valid for only a limited period of time and if the transaction is not completed within such period, you will not be entitled to transact at that rate.
  • Continuation of the Services: Citibank does not guarantee that it will continue to make the Information, the Services or the Web site available to you, whether by the same methods currently used or otherwise. You agree not to hold Citibank liable for any damages arising from a discontinuation or modification of all or part of the Services, the Information or the Web site.
  • Computer Viruses: Citibank shall not be liable for any harm caused by the transmission by a third party through the Services, the Information or the Web site of a computer virus, or other computer code or programming device that might be used to access, modify, delete, damage, corrupt, deactivate, disable, disrupt or otherwise impede in any manner the operation of the Services or any of your software, hardware, data or property.
  • Information and Software of Third Parties: Citibank makes no representation and assumes no liability regarding the quality, accuracy or suitability of any information or software found on any other site not under Citibank's control, or software or hardware developed by any third party that Citibank distributes to you.

Except as set forth in this Agreement or due to the gross negligence or willful default of Citibank or its officers or employees, neither Citibank nor any Other Information Provider shall be responsible for, except as otherwise provided by law, any direct, indirect, special, incidental or consequential damages (regardless of whether such damages were reasonably foreseeable) arising in any way out of:

  • Your use of the Web site or the results of the use of the Services or the Information, including, without limitation, any financial results based on use of the Services or the Information;
  • Any suspension, delay, loss of use, unavailability, mutilation, failure, interception or interruption of the Services, in transmitting instructions or information relating to the Services or in connection with the Web site caused by any acts, omissions or circumstances beyond our reasonable control;
  • There being insufficient funds in the relevant account such as to prevent you from executing a transaction on-line whether or not due to Citibank placing such funds on hold or closing such account or an order of court or other government or regulatory order directing us to prohibit withdrawals from your account or that the transaction would result in your account going into overdraft;
  • Effects on or damages to your software or hardware in connection with the use of the Web site or the Services;
  • Any other cause relating to your access to, inability to access, or use of the Services or the Web site, whether or not the circumstances giving rise to such cause may have been foreseeable;
  • The negligence, actions or failure to act of any unaffiliated Internet Service Provider or any Other Information Provider; or
  • Any other cause over which Citibank or such Other Information Provider does not have control, including but not limited to failure of electronic or mechanical equipment, unauthorized access, strikes, failures of common carrier or utility systems, severe weather or other causes commonly known as "acts of god", whether or not such cause was reasonably foreseeable.

Subject to the provisions herein, if we are found liable for our acts or omissions for any reason whatsoever, our liability shall be limited to the amount of the relevant transaction or your direct damages, whichever is less. In no event shall Citibank or any Other Information Provider be liable to you or any other person for any incidental, indirect, special, consequential or exemplary damages including, without limitation, any loss of use, revenue, profits or savings.

Although securities and other quotations, news stories, research commentaries and other non-account Information provided to you via the Web site are believed to be reliable, we have not independently verified it and do not make any representation as to its accuracy or completeness. Neither Citibank nor any Other Information Provider is liable for any deficiencies in the accuracy, completeness, availability or timeliness of such Information or for any investment or other decision made using such Information.

NEITHER CITIBANK NOR ANY OTHER INFORMATION PROVIDER OR OTHER SOFTWARE SUPPLIER MAKES ANY EXPRESS OR IMPLIED WARRANTIES CONCERNING SOFTWARE OR SERVICES MADE AVAILABLE TO YOU THROUGH OR IN CONNECTION WITH THE WEB SITE OR CONCERNING ANY BROWSER USED TO ACCESS THE WEB SITE INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ERROR-FREE OR UNINTERRUPTED SERVICES OR NON-INFRINGEMENT OF THIRD PARTY PROPRIETARYRIGHTS UNLESS ANY ONLY TO THE EXTENT THAT DISCLAIMING SUCH WARRANTIES IS PROHIBITED BY LAW.

The Information is delivered to you on a confidential basis solely for your personal, non-commercial use. It may not be reproduced in whole or in part, and its use by any other person is prohibited. You may download such Information to your personal computer or other electronic device and print out a hard copy for your personal reference, provided that you agree not to remove any copyright or other notices contained therein.

Unless otherwise stated, all account data and other Information provided to you via the Web site is provided as a convenience and for your information; it is not the official record of your account activity with Citibank; your Citibank account statement remains such official record. Account data provided through the Web site is generally updated as of the prior business day's close of business, but is subject to adjustment and correction. Therefore, you should not rely upon it for taking any action without first confirming its accuracy and completeness with your banker. We do not accept any responsibility for any loss or damage that results if you take action (including, without limitation, the acceptance of any transaction via the Web site) without first contacting your banker to confirm the accuracy and completeness of your account data on the Web site. In the event of any discrepancy between the Information you view on the Web site and your Citibank account statements, advices and confirmations, the latter shall be considered the official records of the accounts to which they relate.

Information on the Web site is Subject to Change

The accuracy, completeness, sequencing or timeliness of Information provided to you on the Web site is not guaranteed by Citibank or any Other Information Provider and is subject to change. Dated Information or other dated material contained on the Web site reflects the authors'analysis as of the published date. Neither Citibank nor any Other Information Provider is under an obligation to update such Information or other material or to reflect circumstances that may occur after the earlier of the date first appearing on the Web site or the date contained in the Information or other materials.

The Web site May Not be Used for Certain Purposes

You may use the Web site only for its intended purpose and may not reproduce, sell or distribute all or any portion of the Information provided to you through the Web site. The Web site uses proprietary software of Citibank and Other Software Suppliers. If we give you software to use with the Web site, you agree that you will be granted a non-exclusive license to use such software. This license allows you to use the software only for its intended purposes as provided in this Agreement. You may not disassemble, decompile, copy, modify or reverse engineer any of the software or allow anyone else to do so.

Transmission or use of any material in violation of this Agreement or any applicable law, rule or regulation (whether of the United States or other countries), or the rights of any third party, is prohibited. This includes, but is not limited to, copyrighted material, material which is defamatory, threatening or obscene, material protected by trademark, trade secret or patent laws, or material that results in an invasion of privacy.

Citibank and Other Information Providers Have Property Rights in the Web site, the Information and the Services

The Services and any Information provided by Citibank and Other Information Providers are protected by applicable copyright, patent, trademark or other intellectual property laws. Except as expressly authorized herein, you may not reproduce, transmit, sell, display, distribute, publish, broadcast, circulate, modify, disseminate or commercially exploit such Information or any of the Services provided in any manner (including electronic, print or other media now known or hereafter developed) without Citibank's prior written consent.

You also agree not to use the Services or any such Information for any unlawful purpose, and you shall comply with any request of Citibank or any Other Information Provider to protect their respective rights in the Services or such Information.

The Web site gives you access to the Services and to Information provided by Citibank and Other Information Providers, which may be presented with a distinctive "look and feel". These Services, Information and "look and feel" are proprietary property of Citibank and such Other Information Providers.

You agree that any ideas, concepts, comments, suggestions, techniques or know-how (collectively, "Submissions") you submit to us about the Web site is the exclusive property of Citibank, and that we can use such Submissions for our own commercial benefit without being required to compensate you. You hereby irrevocably transfer and assign to Citibank all copyright or other rights you may have in the Submissions.

Linking from the Citibank Web site to Other Web sites

If you use the Services or the links included on the Web site to gain access to a World Wide Web site or Internet location or source of information of any company, organization or person other than Citibank, you acknowledge that such other sites or locations are not under Citibank's control and agree that Citibank shall not be responsible for any information or other links found at any such World Wide Web site or Internet location or source of information, or for your use of such information. Citibank provides such links only as a convenience to you, and has not tested any software or verified any information found at such sites, including the content of any prospectus or sales literature contained on such sites (except with respect to a prospectus or sales literature prepared by Citibank). The fact that Citibank has provided a link to another site does not signify an endorsement of the site or its contents by Citibank or constitute a recommendation by Citibank of any security or investment referenced on the site.

In connection with your use of the Services and your access to the Web site, you agree to the taping or any other form of electronic recording of any communication, electronic or verbal, between you and Citibank or our employees or representatives, to the extent permitted by law. You acknowledge and agree to the recording, retention, monitoring and use by Citibank (and its employees, representatives, affiliates and agents) of all instructions you give to us, all Citibank Web Mail and all external e-mail messages you send to us or receive from us, and all information and data that you input or provide during your use of the Services or the Web site.

This Agreement, as well as Citibank's performance of its obligations with respect to this Agreement and the Services provided to you under this Agreement, will be governed by, and construed in accordance with, the laws of the jurisdiction where the relevant account is maintained, including any governmental acts, orders, decrees or regulations applicable to that branch where the account is maintained and, where applicable, by U.S. federal law.

We will maintain our primary records with respect to the Services provided to you in facilities located in the jurisdiction where the relevant account is maintained. As noted above, however, we may provide all or a portion of such Services to you from one or more other countries, and information about you and your accounts and relationship with us may be transmitted from or through one or more other countries. Such information therefore also may be subject to the laws, regulations and usages of each jurisdiction where these services are performed as well as in New York, New York, U.S.A. and the jurisdiction where the relevant account is maintained.

For any dispute related to this Agreement or the Services provided to you under this Agreement, you (i) irrevocably submit to the exclusive jurisdiction of the courts of the jurisdiction where the relevant account is maintained, provided that at our sole discretion, such jurisdiction shall not be exclusive or U.S. Federal Court sitting in New York City; (ii) waive any defense of inconvenient forum; (iii) agree that any final judgment will stand and be enforceable in other jurisdictions by suit or as provided by law and will be binding on you, your heirs, executors, legal representatives, successors and assigns; and (iv) agree that any summons, process or other legal document in connection with any such dispute may be served on you or your personal representatives by serving it at your mailing or release address.

You hereby waive, and Citibank also waives, any right either of us may have to a jury trial in any dispute arising from this Agreement or any Services provided to you under this Agreement.

You hereby agree to indemnify and hold harmless Citibank (and its directors, officers, employees, control persons, vendors, licensors and agents) and any Internet Service Provider and Other Information Provider from and against any and all claims, losses, liabilities, damages, costs and expenses (including reasonable attorney's fees and costs) arising out of or related to your breach of your agreements, representations and warranties contained in this Agreement, or the use of the Web site, the Services and the Information by you and by other persons to whom you have provided your User Information. This indemnification shall be binding upon you and your executors, administrators, heirs, successors and permitted assigns.

You understand that the Web site may include encryption-controlled software that may be subject to strict export license requirements prior to export from the United States or Canada. You agree not to export any software or technical data that you receive from us, or their direct product, without full compliance with all requirements of U.S. Export Administration Regulations (15 CFR Parts 730- 774) (the "EAR"). Without limiting the foregoing and even where export is approved under the EAR, export is prohibited to any country in Country Group E: 2 of the EAR, to any military end-user/ end-use in any country in Country Group D:1 of the EAR, and to any other destination or end-user specifically prohibited under the EAR unless such export has been first specifically authorized by a written export license or other authorization in accordance with the requirements of the EAR. You are solely responsible for obtaining any required export licenses or authorizations and for compliance with the EAR and any export or import restrictions imposed by any other country. Your obligations under this provision shall remain in effect after termination of this Agreement.

We can cancel or change the Services or level of Services (including imposing or modifying any terms and/or restrictions applicable to the Services) provided to you via the Web site, and the terms set forth in this Agreement (including any fees), at any time. While no access fees are currently charged for the Services or the use of the Web site, we reserve the right to charge a user fee in the future. Any fees that Citibank may charge would not include any fees separately imposed by an Internet Service Provider or other telecommunications service provider. We may modify the terms of this Agreement at any time by online notice (or written notice) to you. Any changes will become effective as specified in the notice. The most recent version of the Agreement will be available for your review on the Web site by clicking on the Web site Terms and Conditions and User Agreement link on any page. By clicking on this link, you will also be able to see the last date on which this Agreement was modified. It is your responsibility to review the Agreement posted on the Web site from time to time, and to ensure that you agree with all revised terms if the most recent revision date is after the date on which you last reviewed them. If at any time you do not agree to any revision of the agreement, you must terminate your use of the Services by notifying us as set forth below under "Customer Service". By accessing the Web site, you will be conclusively presumed to have notice of and to have consented to the most recent version of the Agreement as posted on the Web site.

Except as provided in this Agreement, no waiver, modification or amendment of any provision of this Agreement will be effective against Citibank unless the same is in writing and executed by Citibank.

Term of Agreement

This Agreement will remain in effect until either you or we terminate it. We may cancel this Agreement without penalty, for any reason, and at any time without prior notice to you. Cancellation of this Agreement will not terminate your accounts or other relationships with us.

Business Days

Business days are days on which banks and other financial institutions are open for business in New York, New York, USA or the jurisdiction where the relevant account is maintained. Saturday, Sunday and Monday are considered one business day. Bank holidays in New York, New York, USA or the jurisdiction where the relevant account is maintained are considered part of the following business day.

Binding Effect; Assignments

This Agreement and your rights and obligations hereunder may not be assigned by you without Citibank's written permission, and shall inure to the benefit of our successors or assigns whether by merger, consolidation or otherwise. Any assignment or transfer by you of this Agreement that is made without Citibank's prior written approval will be null and void. This Agreement shall be binding on you, your heirs, executors, legal representatives, successors and permitted assigns. We may assign this Agreement or any of our rights or obligations under this Agreement to a company affiliated with Citibank or to any successor company (whether by merger, consolidation or otherwise), or to any other person or entity at any time without your consent.

Certain Parties Have Rights Under This Agreement Even Though They Are Not Parties

Certain securities exchanges and associations for over-the-counter securities markets ("Securities Markets") must give Citibank and/or Other Information Providers permission to make market data available to you relating to securities ("Affected Securities") listed on such Securities Markets. In connection with obtaining such permission, you acknowledge and agree that this Agreement confers third-party beneficiary status on each of the Securities Markets that make market data available to you relating to Affected Securities. In authorizing Citibank to take any action, or to receive any communication, this Agreement authorizes Citibank to act on its own behalf and on behalf of such Securities Markets. Each Securities Market may enforce this Agreement as to market data that it makes available, by legal proceeding or otherwise, against you or any person that obtains and uses market data improperly, unlawfully or in any other way that this Agreement does not permit. No act of omission on Citibank's part and no other defense that might defeat recovery by Citibank against you shall affect the rights of the Securities Markets as third-party beneficiaries under this Agreement.

No Waiver; Remedies

You agree that no delay or failure on our part to exercise any power or right under this Agreement, or a continued course of such conduct on our part, will operate as a waiver of such power or right, nor shall any single or partial exercise preclude any other future exercise. Only a written waiver signed by us will be valid. All rights and remedies granted to us in this Agreement are cumulative and not exclusive of any other rights or remedies which Citibank otherwise has at law or equity.

Responsibility for Taxes

There are currently no sales or other taxes payable under U.S. law with respect to your subscription to, or use or receipt of, the Services. In the event that any such taxes should ever be imposed, however, you agree to pay, if and when due, all taxes (including all U.S. federal, state and local taxes) applicable to your subscription to, or use or receipt of, the Services.

Severability

Should any term or provision of this Agreement be held to be invalid or unenforceable by any court of competent jurisdiction or by a government agency or regulatory agency, or subsequently become invalid and unenforceable as a result of a change in applicable law, the remaining terms and provisions shall continue in full force and effect.

The Services and the Web site May Not Be Available to Certain Persons or at Certain Times

The Services and access to the Web site may not be available to Citibank clients in all countries. In addition, the Services may not be continuously available, and your access to particular Services or Information may be restricted to certain business days and to certain time periods during such business days at our discretion. We are not required to make the Services or access to the Web site available, or to continue to make the Services or such access available, to residents of any jurisdiction where we determine, in our sole judgment, that furnishing them to such persons might be unlawful under the laws of such jurisdiction or the laws of the U.S., or that compliance with either of such laws would be impractical or commercially unreasonable. Please check with your Citibank banker regarding the availability of Services and access to the Web site from your country of residence. Not all products or services described on the Web site will be available to all Citibank clients in all countries.

Please contact your banker immediately if you have any questions or concerns regarding information about your accounts that is being made available to you on the Web site.

If you need assistance with the Services or the Web site, you should contact Citigold 24-Hour Phone Banking (852) 2860 0111.

THIS USER AGREEMENT FOR THE GLOBAL VIEW OF ACCOUNTS SERVICE ("AGREEMENT") SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH YOU MAY FROM TIME TO RECEIVE INFORMATION AND OTHER SERVICES ABOUT YOUR CITI ACCOUNTS (AS DEFINED BELOW) WHILE USING THE ONLINE BANKING SERVICE (WHETHER CALLED CITIBANK ONLINE OR OTHER NAME) OFFERED BY THE COUNTRY AT WHICH YOU ARE CURRENTLY LOGGED IN (THE HOME COUNTRY). THESE TERMS AND CONDITIONS AFFECT YOUR RIGHTS AND YOU SHOULD READ THEM CAREFULLY. BY CLICKING THE "I AGREE" BUTTON BELOW, YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.

This Agreement governs your access to and, to the extent permitted, use certain electronic services now or hereafter made available to you by us (the Services) on the Internet about your account relationships with Citibank, N.A. and other Citigroup businesses in the United States (the Citi accounts) via the Citibank client Web site offered by and located in the Home Country where your are now logged in (the Web site), including electronic access to information about your Citibank accounts. This Agreement represents the entire agreement between you and us with regard to your access to and use of the Web site and the Services, as defined herein. Before you can use the Services or access the Web site, you must accept the terms and conditions of the Agreement. You should retain a copy for your records.

DESCRIPTION OF THE SERVICES

The Web site gives you online access to Information and Services, and allows you to download certain Information (as defined below) to a personal computer or other electronic device. Access to the Web site is provided via the Internet and the World Wide Web, through an unaffiliated Internet Service Provider. If and to the extent available, the Services and Information may include:

  • Information about banking, investment, insurance and related products and services which may be tailored to address your financial objectives and to reflect your interests based on, among other things, information provided by you.
  • Personalized investment information and investment advice, including recommendations regarding specific securities and investment vehicles such as mutual funds that are, in our opinion, consistent with your investment objectives, based on, among other things, information provided by you.
  • Electronic access to securities quotations, news stories, research commentaries and other Information provided by Citibank and Other Information Providers.
  • Online access regarding the status of your Citi accounts, including Information about all or some of your Citi accounts, account holdings, market values, securities positions and cash balances, and information about settled and pending transactions for your account (see Data Protection; Privacy and Confidentiality- Persistence of Viewed Data On Your Computer or Other Access Device below).
  • Online execution of certain banking and investment transactions such as fund transfers.
  • The ability to communicate with us through a secure e-mail function on the Web Site (see Data Protection; Privacy and Confidentiality-Citibank Web Mail below).

Additional Services

We may offer additional products and services via the Web site from time to time that are governed by different or additional terms and conditions. Such products and services are subject to any disclosures or disclaimers found therein. You may receive notice of such additional offerings when you access the Web site.

POTENTIAL DISCLOSURE OF CONSOLIDATED AND LINKED ACCOUNT INFORMATION

In order to enable you to view information about your Citi accounts via the Web site, we must transfer information about your Citi accounts to the Web site from the Citibank branch, business, subsidiary or affiliate where the Citi accounts are held, and then consolidate and link that information to provide you with access to that information via the Web site. This information may reside, temporarily or permanently, on the Web site, and will be subject to the legal systems and laws in force in the jurisdiction where the relevant account is maintained, the jurisdiction of your residence or citizenship as well as those of New York or other U.S. jurisdiction whose laws would govern your Citi account relationship. You expressly acknowledge and agree, therefore, that your ability to access and download such account information via the Web site may enable third parties, including official bodies and authorities and private persons, to compel us to disclose your interest therein and/or your Citi account relationships to other persons that have an interest therein, and you accept the consequences that may result from such linkage and disclosure.

SCOPE OF AGREEMENT

The Agreement is in addition to, and does not modify any other agreement governing your Citi account relationships with Citibank. Accounts and other services made available to you via the Web site will be governed by separate agreements between you and the account issuing institution, although those agreements will be deemed to have been supplemented by the terms of this Agreement when you access them via the Web site. By accessing the Web site and using the Services, you agree to comply with all rules or restrictions contained in this Agreement, as modified from time to time. In the event of any conflict between the terns of this Agreement and your Client Manual or any other agreement(s) governing the terms of your Citi accounts (each, an Account Agreement), the terms of your Account Agreement will control.

By accessing the Web site, you will be conclusively presumed to have notice of the most recent version of this Agreement. We may, but will not be required to, notify you of changes to this Agreement. Therefore, please make sure that you review the terms of this Agreement from time to time,. If you use the Web site and the Services after a change in this Agreement, you will be bound by all such changes.

If you have any questions about the terms of this Agreement, please contact your account issuing institution.

EXECUTING THIS AGREEMENT

You may be asked to agree to or accept the terms and conditions of this Agreement by clicking on an I agree, I consent or other similarly worded button or entry field with your mouse, keystroke, or other computer device and by doing so you also agree to the following:

  • You request access generally to the Web site.
  • You request that ALL your Citi accounts in your name will automatically appear as part of your Home Country home page in the Web site , including any accounts that are jointly owned by you and another party or parties.
  • You request that information be made available to you on the Web site for each account, if any, for which you currently receive information or that you have otherwise designated to your Citibank banker for this purpose (Designated Accounts).
  • You consent to receive this Agreement and all future notices, information and regulatory disclosures related to the Web site in electronic form and you confirm that you have available the software and hardware required to view and retain such information.
  • You agree to provide us with your external e-mail address and to notify us promptly if your external e-mail address changes.
  • You acknowledge and agree that you have read and agree to be bound by this Agreement.
  • You acknowledge that during your use of the Web site, information about you, your accounts, and your relationship with Citibank may be transferred cross-border, and, to the extent permitted by applicable laws, you hereby consent to such transfer and release us from any duty we might otherwise have to observe the banking secrecy and / or privacy laws of any relevant jurisdiction.
  • By accessing the Web site and using the Services following your acceptance of this Agreement, you agree to comply with all rules or restrictions contained in this Agreement, as modified from time to time.

ADDITIONAL DEFINED TERMS

You, your, and yours refer to you, the individual requesting access to the Web site and the Services. Where the context so admits, you, your, and yours may also mean any Third Party Users V persons that you have authorized to access your account information in a Third-Party User Agreement.

Citi, Citigold and we, us, or our, refers to collectively, as maybe applicable to you, Citibank, N.A. and/or affiliated entities. Affiliated entities include Citigroup Global Markets Inc., CitiMortgage, Inc. and other subsidiaries of Citigroup Inc. with which you may have an account relationship or which may otherwise provide Services under the Agreement.

Information means an account balance, status, securities quotations and any other quotations (such as foreign exchange or interest rates), research commentaries, and news stories and any other information provided through the Web site by Citibank or any unaffiliated third party vendor (Other Information Provider).

Information provided by you means any information provided by you regarding your investment objectives, risk tolerance levels or interest in particular products or services, and your transactions via the Web site, including any data we compile from your usage of the Web site.

Other Software Supplier means any affiliated or unaffiliated supplier of software used on, or used to access, the Web site.

As explained below in the Terms Governing Your User Name and Identity Authentication, your User Information is your private entry key into the Web site. You should never share it with anyone, including any Third Party Users. Identifier requirements and procedures for changing your User Information from time to time will be provided on the Web site.

CROSS BORDER DATA TRANSFER AND SECRECY WAIVER

We currently intend to provide the Services to you through facilities located in the United States and facilities outside the United States. In addition, in order to create and maintain a user profile for you, and to provide the Services to you via the Web site, we may need to access information about you, your accounts and your relationship with us from or through - or send such information to - Citibank branches, affiliates or service providers (including Citibank affiliates with which you maintain an account relationship) that are located outside the jurisdiction where the relevant account is maintained and may be located outside the United States. Such information may temporarily or permanently reside in locations outside of the United States, or the jurisdiction where the relevant account is maintained and such information therefore may be subject to supervision by the regulatory authorities in each jurisdiction where services are performed or information resides, as well as in New York, or the jurisdiction where the relevant account is maintained and in the jurisdiction of your residence or citizenship. If you are a resident of the European Union, such other countries may not offer adequate protection for the purposes of directive 95/46/EC of the European Union (as amended).

Therefore, in consideration of the Services provided to you, you hereby authorize and consent to such cross-border access. In addition, except where prohibited by law, you hereby release us from any duty we might otherwise have to observe the banking secrecy and / or privacy laws of any relevant jurisdiction, and you authorize us to access information about you, your Citi accounts and your relationship with us, via the Internet, from inside and outside the country where you maintain your account relationship with us and from inside and outside the country where your accounts with us are booked and/or serviced. You also hereby authorize us to disclose to other Citibank offices such information regarding you (including, in the case of accounts held in the name of a private investment company, Trust or other entity, information about the beneficial owner(s) or donors thereof), your accounts and your relationship with us as may be required from time to time to provide such Services to you. You expressly acknowledge and agree that in doing so, data about you, your accounts and your relationship with us will be transferred cross-border.

You also acknowledge that the information available to you via the Web site, including your Citi account information, can become subject to the legal systems and laws in force in each state or country (a) where it is held, received or stored by you or us, (b) from where it is accessed by you or us, or (c) through which it passes. You understand that the information can become subject to disclosure pursuant to the laws of those states or countries and you acknowledge and accept the consequences that may result from such disclosure. In addition, because your account(s) may include information about more than one individual (e.g. where you maintain a joint account) and about your business relations with us, you acknowledge and accept that statements released to comply with legal process may contain information regarding your relationship with these individuals and with us.

The Services and Information Do Not Constitute an Offer or Solicitation

The Services provided on the Web site are for informational purposes only and do not constitute an offer to sell or a solicitation of an offer to buy any product or service which may be referenced on the Web site, except where an offer is explicitly made through the availability of a prospectus on the Web site. Such offers can only be made where lawful under applicable law. If you wish to learn more about any product or service referenced on the Web site, you should contact account issuing institution.

Most Investment Products Have Risk

You acknowledge and understand that investment products referenced on the Web site and purchased or sold through Citibank or its affiliated companies:

  • are not insured by the Federal Deposit Insurance Corporation (FDIC).
  • are not a deposit or other obligation of Citibank, NA or any other depository institution and are not guaranteed by Citibank, NA or any other depository institution.
  • are subject to investment risks, including the possible loss of the entire principal amount invested.

DATA PROTECTION; PRIVACY AND CONFIDENTIALITY

For a full statement of the policies and procedures governing the privacy and security of information you submit to Citibank or that Citibank collects about you. Please contact Citibank or the affiliate with which you have your Citi account relationship for a copy of its privacy statement or policy.

Persistence of Viewed Data on Your Computer or Other Access Device

Some Internet browsers (e.g. Microsoft ® Internet Explorer) automatically copy some kinds of viewed information to a computers or other devices disk cache, even if you do not select Save to Disk or otherwise instruct the browser to download, store or record information to a hard drive or disk. Even if you do copy viewed information to a disk or hard drive, some Internet browsers will also automatically copy the information to the disk cache. To reduce the risk of unauthorized viewing of information you have viewed, therefore, you should be sure to clear the disk cache and their history after you leave the Web site. This precaution is particularly important if you use a public or third partys access device or if someone else has or could have access to your access device. You should also contact us immediately if your computer or other access device is lost or stolen or if you believe that an unauthorized person has obtained access to your personal information.

ACCESSING THE WEB SITE

Use of Third-Party Software

You may, from time to time, have to access software from unaffiliated vendors (such as Microsoft Corporation, Apple Inc., Adobe Systems Incorporated, and other vendor companies) that is made available to you in order to access information on the Web site. By accepting and using such software, you accept and agree to comply with the terms and conditions of all software licenses and service agreements, which will appear on screen when you sign onto the Web site. We do not accept any responsibility for your use of any third party vendors software or services.

Lost or Stolen Access Devices

If you use software that we have given you to access the Web site, please remember that this software is valuable, and it is important for you to exercise care with it. Never lend it to anyone. Contact us immediately if you think such software has been stolen or lost or if you believe that an unauthorized person has obtained access to your User Information.

YOUR REPRESENTATIONS, WARRANTIES AND AGREEMENTS

You represent and warrant that this Agreement is your legal, valid and binding obligation, enforceable against you in accordance with its terms. Furthermore, by accessing the Web site, you:

  • Represent on a continuing basis that you are authorized to view any account, subaccount or portfolio for which you have requested access;
  • Represent on a continuing basis that you have observed and will continue to observe all laws and regulations applicable to you and your activities in respect of your use of the Web site;
  • Agree that we can, in providing the Services and Information to you, rely on the financial and other information provided by you to us from time to time; and
  • Agree that Citibank and its agents and support services providers may download certain information to your computer or other access device.

NO WARRANTIES OR PROMISES REGARDING INFORMATION, SERVICES, ETC.

Citi makes no warranties or promises to you regarding the following:

  • Completeness, Accuracy and Timeliness of Information: Citi does not guarantee the accuracy, completeness, sequence or timeliness of the Information, nor will we have any responsibility for indirect, consequential, or special damages you may incur (i) for any reliance by you on Information or for the reliability, accuracy, completeness, sequence or timelines thereof; (ii) for any delays or errors in the transmission or delivery of any part of the Information or Services; or (iii) for any use of Citibank Web Mail or external e-mail.
  • Timeliness of Price Quotations on the Web site: Any quotations or prices provided as part of the Services may be delayed and may not reflect the prices at which the applicable securities may be bought or sold or the rates at which a transaction may be executed. You should not make any decision to buy or sell securities based on such quotations or prices. If you wish to execute a transaction on-line you should note that the rates quoted are valid for only a limited period of time and if the transaction is not completed within such period, you will not be entitled to transact at that rate.
  • Continuation of the Services: Citi does not guarantee that it will continue to make the Information, the Services or the Web site available to you, whether by the same methods currently used or otherwise. You agree not to hold Citi liable for any damages arising from a discontinuation or modification of all or part of the Services, the Information or the Website.
  • Computer Viruses: Citi shall not be liable for any harm caused by the transmission by a third party through the Services, the Information or the Web site of a computer virus, or other computer code or programming device that might be used to access, modify, delete, damage, corrupt, deactivate, disable, disrupt or otherwise impede in any manner the operation of the Services or any of your software, hardware, data or property.
  • Information and Software of Third Parties: Citi makes no representation and assumes no liability regarding the quality, accuracy or suitability of any information or software found on any other site not under Citis control, or software or hardware developed by any third party that Citi distributes to you.

LIMITATIONS ON THE LIABILITY OF CITI AND OTHER SERVICE PROVIDERS

Except as set forth in this Agreement or due to the gross negligence or willful default of Citi or its officers, employees or agents, neither Citi nor any Other Information Provider shall be responsible for, except as otherwise provided by law, any direct, indirect, special, incidental or consequential damages (regardless of whether such damages were reasonably foreseeable) arising in any way out of:

  • Your use of the Web site or the results of the use of the Services or the Information, including, without limitation, any financial results based on use of the Services or the Information;
  • Any suspension, delay, loss of use, unavailability, mutilation, failure, interception or interruption of the Services, in transmitting instructions or information relating to the Services or in connection with the Web site caused by any acts, omissions or circumstances beyond our reasonable control;
  • There being insufficient funds in the relevant account such as to prevent you from executing a transaction on-line whether or not due to Citi placing such funds on hold or closing such account or an order of court or other government or regulatory order directing us to prohibit withdrawals from your account or that the transaction would result in your account going into overdraft;
  • Effects on or damages to your software or hardware in connection with the use of the Web site or the Services;
  • Any other cause relating to your access to, inability to access, or use of the Services or the Web site, whether or not the circumstances giving rise to such cause may have been foreseeable;
  • The negligence, actions or failure to act of any unaffiliated Internet Service Provider or any Other Information Provider; or
  • Any other cause over which Citi or such Other Information Provider does not have control, including but not limited to failure of electronic or mechanical equipment, unauthorized access, strikes, failures of common carrier or utility systems, severe weather or other causes commonly known as acts of god, whether or not such cause was reasonably foreseeable.

Subject to the provisions herein, if we are found liable for our acts or omissions for any reason whatsoever, our liability shall be limited to the amount of the relevant transaction or your direct damages, whichever is less. In no event shall Citi or any Other Information Provider be liable to you or any other person for any incidental, indirect, special, consequential or exemplary damages including, without limitation, any loss of use, revenue, profits or savings.

Although securities and other quotations, news stories, research commentaries and other non-account Information provided to you via the Web site are believed to be reliable, we have not independently verified it and do not make any representation as to its accuracy or completeness. Neither Citibank nor any Other Information Provider is liable for any deficiencies in the accuracy, completeness, availability or timeliness of such Information or for any investment or other decision made using such Information.

NEITHER CITI NOR ANY OTHER INFORMATION PROVIDER OR OTHER SOFTWARE SUPPLIER MAKES ANY EXPRESS OR IMPLIED WARRANTIES CONCERNING SOFTWARE OR SERVICES MADE AVAILABLE TO YOU THROUGH OR IN CONNECTION WITH THE WEB SITE OR CONCERNING ANY BROWSER USED TO ACCESS THE WEB SITE INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ERROR-FREE OR UNINTERRUPTED SERVICES OR NON-INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS UNLESS AND ONLY TO THE EXTENT THAT DISCLAIMING SUCH WARRANTIES IS PROHIBITED BY LAW.

INFORMATION PROVIDED ON THE WEB SITE

The Information is delivered to you on a confidential basis solely for your personal, non-commercial use. It may not be reproduced in whole or in part, and its use by any other person is prohibited. You may download such Information to your personal computer or other electronic device and print out a hard copy for your personal reference, provided that you agree not to remove any copyright or other notices contained therein.

Unless otherwise stated, all account data and other Information provided to you via the Web site is provided as a convenience and for your information; it is not the official record of your account activity with Citi; your Citi account statement remains such official record. Account data provided through the Web site is generally updated as of the prior business days close of business, but is subject to adjustment and correction. Therefore, you should not rely upon it for taking any action without first confirming its accuracy and completeness with your private banker. We do not accept any responsibility for any loss or damage that results if you take action (including, without limitation, the acceptance of any transaction via the Web site) without first contacting your account issuing institution to confirm the accuracy and completeness of your account data on the Web site. In the event of any discrepancy between the Information you view on the Web site and your Citi account statements, advices and confirmations, the latter shall be considered the official records of the accounts to which they relate.

Information on the Web site is Subject to Change

The accuracy, completeness, sequencing or timeliness of Information provided to you on the Web site is not guaranteed by Citi or any Other Information Provider and is subject to change. Dated Information or other dated material contained on the Web site reflects the authors analysis as of the published date. Neither Citi nor any Other Information Provider is under an obligation to update such Information or other material or to reflect circumstances that may occur after the earlier of the date first appearing on the Web site or the date contained in the Information or other materials.

The Web site May Not be Used for Certain Purposes

You may use the Web site only for its intended purpose and may not reproduce, sell or distribute all or any portion of the Information provided to you through the Web site. The Web site uses proprietary software of Citi and Other Software Suppliers. If we give you software to use with the Web site, you agree that you will be granted a non-exclusive license to use such software. This license allows you to use the software only for its intended purposes as provided in this Agreement. You may not disassemble, decompile, copy, modify or reverse engineer any of the software or allow anyone else to do so.

Transmission or use of any material in violation of this Agreement or any applicable law, rule or regulation (whether of the United States or other countries), or the rights of any third party, is prohibited. This includes, but is not limited to, copyrighted material, material which is defamatory, threatening or obscene, material protected by trademark, trade secret or patent laws, or material that results in an invasion of privacy.

Citi and Other Information Providers Have Property Rights in the Web site, the Information and the Services

The Services and any Information provided by Citi and Other Information Providers are protected by applicable copyright, patent, trademark or other intellectual property laws. Except as expressly authorized herein, you may not reproduce, transmit, sell, display, distribute, publish, broadcast, circulate, modify, disseminate or commercially exploit such Information or any of the Services provided in any manner (including electronic, print or other media now known or hereafter developed) without Citis prior written consent.

You also agree not to use the Services or any such Information for any unlawful purpose, and you shall comply with any request of Citi or any Other Information Provider to protect their respective rights in the Services or such Information.

The Web site gives you access to the Services and to Information provided by Citi and Other Information Providers, which may be presented with a distinctive look and feel. These Services, Information and look and feel are proprietary property of Citi and such Other Information Providers.

You agree that any ideas, concepts, comments, suggestions, techniques or know-how (collectively, Submissions) you submit to us about the Web site is the exclusive property of Citi, and that we can use such Submissions for our own commercial benefit without being required to compensate you. You hereby irrevocably transfer and assign to Citi all copyright or other rights you may have in the Submissions.

Linking from the Citibank Web site to Other Web sites

If you use the Services or the links included on the Web site to gain access to a World Wide Web site or Internet location or source of information of any company, organization or person other than Citi, you acknowledge that such other sites or locations are not under Citibanks control and agree that Citi shall not be responsible for any information or other links found at any such World Wide Web site or Internet location or source of information, or for your use of such information. Citibank provides such links only as a convenience to you, and has not tested any software or verified any information found at such sites, including the content of any prospectus or sales literature contained on such sites (except with respect to a prospectus or sales literature prepared by Citi). The fact that Citi has provided a link to another site does not signify an endorsement of the site or its contents by Citi or constitute a recommendation by Citi of any security or investment referenced on the site.

YOUR COMMUNICATIONS WITH CITI MAY BE RECORDED ELECTRONICALLY

In connection with your use of the Services and your access to the Web site, you agree to the taping or any other form of electronic recording of any communication, electronic or verbal, between you and Citi or our employees or representatives, to the extent permitted by law. You acknowledge and agree to the recording, retention, monitoring and use by Citi (and its employees, representatives, affiliates and agents) of all instructions you give to us, all Citibank Web Mail and all external e-mail messages you send to us or receive from us, and all information and data that you input or provide during your use of the Services or the Web site.

GOVERNING LAW AND SUBMISSION TO JURISDICTION

This Agreement, as well as Citis performance of its obligations with respect to this Agreement and the Services provided to you under this Agreement, will be governed by, and construed in accordance with, the laws of the jurisdiction where the relevant Citi account is maintained, including any governmental acts, orders, decrees or regulations applicable to that branch where the account is maintained and, where applicable, by U.S. federal law.

We will generally maintain our primary records with respect to the Services provided to you in facilities located in the jurisdiction where the relevant account is maintained. As noted above, however, we may provide all or a portion of such Services to you from one or more other countries, and information about you and your accounts and relationship with us may be transmitted from or through one or more other countries. Such information therefore also may be subject to the laws, regulations and usages of each jurisdiction where these services are performed as well as in New York, New York, U.S.A. and the jurisdiction where the relevant account is maintained.

For any dispute related to this Agreement or the Services provided to you under this Agreement, you (i) irrevocably submit to the exclusive jurisdiction of the courts of the jurisdiction where the relevant Citi account is maintained, provided that at our sole discretion, such jurisdiction shall not be exclusive of jurisdiction of a U.S. Federal Court sitting in New York City; (ii) waive any defense of inconvenient forum; (iii) agree that any final judgment will stand and be enforceable in other jurisdictions by suit or as provided by law and will be binding on you, your heirs, executors, legal representatives, successors and assigns; and (iv) agree that any summons, process or other legal document in connection with any such dispute may be served on you or your personal representatives by serving it at your mailing address.

WAIVER OF JURY TRIAL

You hereby waive, and Citi also waives, any right either of us may have to a jury trial in any dispute arising from this Agreement or any Services provided to you under this Agreement.

INDEMNIFICATION

You hereby agree to indemnify and hold harmless Citi (and its directors, officers, employees, control persons, vendors, licensors and agents) and any Internet Service Provider and Other Information Provider from and against any and all claims, losses, liabilities, damages, costs and expenses (including reasonable attorneys fees and costs) arising out of or related to your breach of your agreements, representations and warranties contained in this Agreement, or the use of the Web site, the Services and the Information by you and by other persons to whom you have provided your User Information. This indemnification shall be binding upon you and your executors, administrators, heirs, successors and permitted assigns.

LIMITATIONS ON SOFTWARE IMPORT AND EXPORT

You understand that the Web site may include encryption-controlled software that may be subject to strict export license requirements prior to export from the United States or Canada. You agree not to export any software or technical data that you receive from us, or their direct product, without full compliance with all requirements of U.S. Export Administration Regulations (15 CFR Parts 730- 774) (the EAR). Without limiting the foregoing and even where export is approved under the EAR, export is prohibited to any country in Country Group E: 2 of the EAR, to any military end-user/ end-use in any country in Country Group D:1 of the EAR, and to any other destination or end-user specifically prohibited under the EAR unless such export has been first specifically authorized by a written export license or other authorization in accordance with the requirements of the EAR. You are solely responsible for obtaining any required export licenses or authorizations and for compliance with the EAR and any export or import restrictions imposed by any other country. Your obligations under this provision shall remain in effect after termination of this Agreement.

CHANGES IN TERMS, SERVICES OR FEES

We can cancel or change the Services or level of Services (including imposing or modifying any terms and/or restrictions applicable to the Services) provided to you via the Web site, and the terms set forth in this Agreement (including any fees), at any time. While no access fees are currently charged for the Services or the use of the Web site, we reserve the right to charge a user fee in the future. Any fees that Citibank may charge would not include any fees separately imposed by an Internet Service Provider or other telecommunications service provider. We may modify the terms of this Agreement at any time by online notice (or written notice) to you, as required by applicable laws and regulations. Any changes will become effective as specified in the notice. If you would like a printed copy of this Agreement, please contact customer service at 1-866-405-4036 and we will send you a copy. If at any time you do not agree to any revision of the Agreement, you must terminate your use of the Services by using the deregister link that is found within the Global View of Accounts section of the Web site. By accessing the Web site, you will be conclusively presumed to have notice of and to have consented to the most recent version of the Agreement.

Except as provided in this Agreement, no waiver, modification or amendment of any provision of this Agreement will be effective against Citi unless the same is in writing and executed by Citibank.

GENERAL PROVISIONS

Term of Agreement

This Agreement will remain in effect until either you or we terminate it. We may cancel this Agreement without penalty, for any reason, and at any time without prior notice to you. Cancellation of this Agreement will not terminate your accounts or other relationships with us.

Business Days

Business days are days on which banks and other financial institutions are open for business in New York, New York, USA or the jurisdiction where the relevant account is maintained. Saturday, Sunday and Monday are considered one business day. Bank holidays in New York, New York, USA or the jurisdiction where the relevant account is maintained are considered part of the following business day.

Binding Effect; Assignments

This Agreement and your rights and obligations hereunder may not be assigned by you without Citis written permission, and shall inure to the benefit of our successors or assigns whether by merger, consolidation or otherwise. Any assignment or transfer by you of this Agreement that is made without Citibanks prior written approval will be null and void. This Agreement shall be binding on you, your heirs, executors, legal representatives, successors and permitted assigns. We may assign this Agreement or any of our rights or obligations under this Agreement to a company affiliated with Citi or to any successor company (whether by merger, consolidation or otherwise), or to any other person or entity at any time without your consent.

Certain Parties Have Rights Under This Agreement Even Though They Are Not Parties

Certain securities exchanges and associations for over-the-counter securities markets (Securities Markets) must give Citibank and/or Other Information Providers permission to make market data available to you relating to securities (Affected Securities) listed on such Securities Markets. In connection with obtaining such permission, you acknowledge and agree that this Agreement confers third-party beneficiary status on each of the Securities Markets that make market data available to you relating to Affected Securities. In authorizing Citi to take any action, or to receive any communication, this Agreement authorizes Citi to act on its own behalf and on behalf of such Securities Markets. Each Securities Market may enforce this Agreement as to market data that it makes available, by legal proceeding or otherwise, against you or any person that obtains and uses market data improperly, unlawfully or in any other way that this Agreement does not permit. No act of omission on Citis part and no other defense that might defeat recovery by Citi against you shall affect the rights of the Securities Markets as third-party beneficiaries under this Agreement.

No Waiver; Remedies

You agree that no delay or failure on our part to exercise any power or right under this Agreement, or a continued course of such conduct on our part, will operate as a waiver of such power or right, nor shall any single or partial exercise preclude any other future exercise. Only a written waiver signed by us will be valid. All rights and remedies granted to us in this Agreement are cumulative and not exclusive of any other rights or remedies which Citi otherwise has at law or equity.

Responsibility for Taxes

There are currently no sales or other taxes payable under U.S. law with respect to your subscription to, or use or receipt of, the Services. In the event that any such taxes should ever be imposed, however, you agree to pay, if and when due, all taxes (including all U.S. federal, state and local taxes) applicable to your subscription to, or use or receipt of, the Services.

Severability

Should any term or provision of this Agreement be held to be invalid or unenforceable by any court of competent jurisdiction or by a government agency or regulatory agency, or subsequently become invalid and unenforceable as a result of a change in applicable law, the remaining terms and provisions shall continue in full force and effect.

The Services and the Web site May Not Be Available to Certain Persons or at Certain Times

The Services and access to the Web site may not be available to Citi clients in all Home Countries. In addition, the Services may not be continuously available, and your access to particular Services or Information may be restricted to certain business days and to certain time periods during such business days at our discretion. We are not required to make the Services or access to the Web site available, or to continue to make the Services or such access available, to residents of any jurisdiction where we determine, in our sole judgment, that furnishing them to such persons might be unlawful under the laws of such jurisdiction or the laws of the U.S., or that compliance with either of such laws would be impractical or commercially unreasonable. Please check with your account issuing institution regarding the availability of Services and access to the Web site from your Home Country and country of residence. Not all products or services described on the Web site will be available to all Citi clients in all countries.

CONTACT US

If you require assistance on your Citibank Global View of Accounts, please contact your Relationship Manager or customer service at 1-866-405-4036.

Electronic Consent and Acceptance of Terms and Conditions

In order to enroll to use the Global View of Accounts Service, I consent to receive and accept the terms and conditions of this User Agreement, and any amendments to it, electronically. I understand that I may withdraw my consent to having this Service provided to me by contacting you by telephone at 1-866-405-4036, however, by doing so I understand that I will terminate my right to use the Service. Withdrawing my consent in this manner will not prevent me from re-enrolling to use the Service.

Required Equipment. In order to use the Service and to view and retain a copy of the terms and conditions contained in this Agreement, I understand that I must have a computer equipped with at least: a browser with 128-bit encryption; and either a printer or a disk drive or other electronic storage device. I understand that I can also obtain a printed copy of this Agreement by calling 1-866-405-4036.

Consent and Agreement. By clicking on the "I Agree" button below, I agree: (1) I have software and equipment that satisfies the above requirements; (2) to receive information about the Service, including the Agreement and any subsequent amendments to it, electronically; and (3) have received an electronic version of the Agreement and agree to be bound by the terms and conditions contained therein. Because enrollment for the Service can only occur electronically, I understand that I will be unable to proceed if I do not click on this button. Citi reserves the right to provide information and notices about the Service to me by non-electronic means.

e-Cheque Deposit

Terms and Conditions for e-Cheque Deposit Services (“e-Cheque Terms and Conditions”)

(Effective from 7 December, 2015)

  • Introduction

    1.1
    As part of an industry wide launch of the e-Cheque services in HongKong which is expected to take effect in December 2015, a new e-Cheque deposit services will be made available to customers. If customers deposit e-Cheque to any account (including without limitation to any saving, checking, call deposit, credit card, ready credit, loan or other accounts), customers shall be subject to these e-Cheque Terms and Conditions.
    1.2
    The words “I”, “me” and “my” refer to any holder of the accounts maintained with you and including one or more individuals, sole proprietorship, partnership, corporation and unincorporated association or body. The words “you” and “your” refer to any and/or all of Citibank (Hong Kong) Limited, Citibank, N.A., Hong Kong Branch and Diners Club International (Hong Kong) Limited, as the case may be.
    1.3
    The words “Applicable Terms” refer to (i) in relation to saving accounts and checking accounts, call deposit accounts or ready credit account, the Terms and Conditions for Accounts and Services; (ii) in relation to credit card account, the Citibank Credit Card Agreement Terms and Conditions, Citibank UnionPay Credit Card Agreement Terms and Conditions, Octopus Citibank Credit Card Agreement Terms and Conditions and/or Diners Club Card Agreement Terms and Conditions as the case may be; (iii) in relation to loan account, the relevant approval letter.
  • e-Cheque Deposit Services

    2.1
    e-Cheques Deposit Services provisions - applicability
    I understand and agree that these e-Cheque Terms and Conditions applies to your services relating to e-Cheques. “e-Cheque” means a cheque (including a cashier's order), issued in the form of an electronic record (as such term is defined in the Electronic Transactions Ordinance (Cap. 553, Laws of Hong Kong)) with an image of the front and back of the e-Cheque or e-cashier's order (as the case may be). e-Cheques may be issued in Hong Kong dollars, US dollars and Renminbi. The provisions in the Applicable Terms which apply to paper cheques or generally to your services continue to apply to e-Cheques and your services offered to customers from time to time for depositing e-Cheques (“e-Cheques Deposit Services”) to the extent that they are relevant and not inconsistent with the provisions in these e-Cheque Terms and Conditions. In case of any inconsistency between these e-Cheque Terms and Conditions and the provisions of the Applicable Terms, the provisions of these e-Cheque Terms and Conditions shall prevail with respect to the e-Cheques Deposit Services.
    2.2
    Nature and scope of e-Cheques Deposit Services
    (a)
    You may provide e-Cheques Deposit Services at your discretion. If you provide e-Cheques Deposit Services to me, I may deposit e-Cheques. In order to use the e-Cheques Deposit Services, I have to provide such information and documents and accept such terms and conditions which may be required or prescribed by you and Hong Kong Interbank Clearing Limited (“HKICL”) respectively from time to time. I may also be required to sign forms and documents prescribed by you from time to time.
    (b)
    e-Cheques Deposit Services allow me and other persons to present e-Cheques (whether payable to me and/or any other holder of the “Payee Bank Account” (which means, in respect of each e-Cheque presented for deposit using the e-Cheques Deposit Services, the bank account of the payee of the e-Cheque maintained with you into which the e-Cheque is to be deposited which may be a sole name or a joint name account of the payee)) for deposit with you (as “Payee Bank”, that is, the bank at which a Payee Bank Account is held),using the e-Cheque Drop Box Service offered by HKICL in accordance with Clause 2.3 below. “e-Cheque Drop Box” or “e-Cheque Drop Box Service” means an electronic drop box provided by HKICL that accepts presentment of e-Cheques in respect ofwhich an e-Cheque Drop Box user must register an e-Cheque Drop Box Account (that is, a user account for the e-Cheque Drop Box Service, and for which each user must register with HKICL before using the e-Cheque Drop Box for presenting e-Cheques for deposit into a Payee Bank Account) with HKICL before presenting e-Cheques to a Payee Bank Account. The meanings of “e-Cheque Drop Box”, “e-Cheque Drop Box Service” and “e-Cheque Drop Box Account” may be amended from time to time in accordance with the terms and conditions prescribed by HKICL from time to time for governing the e-Cheque Drop Box Service provided by HKICL and the use of the e-Cheque Drop Box Service (“e-Cheque Drop Box Terms”).
    (c)
    You may provide e-Cheques Deposit Services relating to e-Cheques that are issued in any currency specified by you from time to time, including Hong Kong dollars, US dollars or Renminbi.
    (d)
    You have the right to set or vary from time to time the conditions for using the e-Cheques Deposit Services. These conditions mayinclude the following (or any of them):
    (i)
    the service hours of the e-Cheques Deposit Services (including cut-off times for presenting e-Cheques); and
    (ii)
    any fees and charges payable by me for the e-Cheques Deposit Services.
    2.3
    e-Cheques Deposit Services
    (a)
    The e-Cheques Deposit Services may allow presentment of e-Cheques for deposit with you (as Payee Bank) using the e-Cheque Drop Box Service provided by HKICL.
    (b)
    e-Cheque Drop Box Service
    (i)
    The e-Cheque Drop Box Service is provided by HKICL. I am bound by the e-Cheque Drop Box Terms in relation to my use of the e-Cheque Drop Box Service. I am solely responsible for performing my obligations under the e-Cheque Drop Box Terms.
    (ii)
    In order to use the e-Cheque Drop Box Service, I am required by the e-Cheque Drop Box Terms to register an e-Cheque Drop Box Account with one or more Payee Bank Account for presenting e-Cheques. I am allowed by the e-Cheque Drop Box Terms to register an e-Cheque Drop Box Account with a Payee Bank Account that is my same-name account or an account other than my same-name account. I am responsible for the presentment of all e-Cheques by me or any other person using my e-Cheque Drop Box Account (including presentment of any e-Cheques to a Payee Bank Account other than my same-name account).
    (iii)
    Any issue relating to the use of the e-Cheque Drop Box Service should be handled in accordance with the e-Cheque Drop Box Terms. You may (but have no obligation to) provide reasonable assistance to me. In particular, you do not have the electronic record or image of any e-Cheque deposited using the e-Cheque Drop Box Service. On my request, you may (but have no obligation to) provide the date, e-Cheque amount, e-Cheque number, payee name and any other information agreed by you relating to an e-Cheque deposited using my e-Cheque Drop Box Account.
    (iv)
    You give no representation or guarantee, whether express or implied, relating to the availability, quality, timeliness or any other aspect of the e-Cheque Drop Box Service provided by HKICL. Unless otherwise stated in the e-Cheque Drop Box Terms, I bear the responsibilities and risks relating to the use of the e-Cheque Drop Box Service. You are not liable for loss, damage or expense of any kind which I or any other person may incur or suffer arising from or in connection with the use of the e-Cheque Drop Box Service.
    2.4
    Handling of e-Cheques, associated risks and your liabilities
    (a)
    Handling of e-Cheques
    I understand that you and other banks have to follow the rules and operating procedures governing the handling of e-Cheques developed and/or adopted by HKICL and the banking industry from time to time (“Industry Rules and Procedures”) in the handling, processing, presentment, payment, collection, clearance and settlement of e-Cheques payable to me . Accordingly, you are entitled to collect any e-Cheque payable to me by presenting that e-Cheque to the bank which digitally signed an e-Cheque created by its customer (“Payer Bank”) in accordance with the Industry Rules and Procedures even if the Bills of Exchange Ordinance (Cap.19 of the Laws of Hong Kong, as may be amended from time to time) may not expressly provide for presentment of e-Cheques or may specify other manner for presentment of cheques.
    (b)
    Restriction of your liability
    Without reducing the effect of the provisions of the Applicable Terms:
    (i)
    you are not liable for loss, damage or expense of any kind which I or any other person may incur or suffer arising from or in connection with the use of the e-Cheques Deposit Services or the handling, processing, presentment, payment, collection, clearance or settlement of e-Cheques presented by me or any other person , except to the extent that any loss, damage or expense incurred or suffered is direct and reasonably foreseeable arising directly and solely from your negligence or wilful default or that of your officers, employees or agents;
    (ii)
    in particular and for clarity, you are not liable for loss, damage or expense of any kind which I or any other person may incur or suffer arising from or in connection with the following (or any of them):
    (1)
    use of the e-Cheque Drop Box Service by me or any other person, or the e-Cheque Drop Box Terms;
    (2)
    my failure to comply with my obligations relating to the e-Cheques Deposit Services;
    (3)
    presentment of any e-Cheque payable to me in accordance with the Industry Rules and Procedures despite the provisions of the Bills of Exchange Ordinance; and
    (4)
    any failure or delay in providing the e-Cheques Deposit Services, or any error or disruption relating to the e-Cheques Deposit Services, caused by or attributed to any circumstance beyond your reasonable control; and
    (iii)
    in no event will you be liable to me or any other person for any loss of profit or any special, indirect, consequential or punitive loss or damages.
    (c)
    My confirmation and indemnity
    (i)
    I accept the restriction of liabilities and disclaimers imposed by you and HKICL in relation to the e-Cheques Deposit Services and the services provided by HKICL respectively. I accept and agree to bear the risks and the liabilities for depositing e-Cheques.
    (ii)
    Without reducing the effect of any indemnity given by me under the Applicable Terms or any other rights or remedies that you may have, I will indemnify you and your officers, employees and agents and hold each of them harmless against all liabilities, claims, demands, losses, damages, costs, charges and expenses of any kind (including legal fees on a full indemnity basis and other expenses reasonably incurred) which may be incurred or suffered by you or any of them and all actions or proceedings which may be brought by or against you or any of them as a result of or in connection with your provision of the e-Cheques Deposit Services or my use of the e-Cheques Deposit Services.
    (iii)
    The above indemnity does not apply to the extent that it is proved that any liabilities, claims, demands, losses, damages, costs, charges, expenses, actions or proceedings are direct and reasonably foreseeable arising directly and solely from your negligence or wilful default or that of your officers, employees or agents.
    (iv)
    The above indemnity shall continue to have effect after the termination of the e-Cheques Deposit Services.
  • Miscellaneous

    3.1
    You have the right to amend, add, delete, replace or supplement any of these e-Cheque Deposit Service Terms and Conditions at any time by giving notice to me, and the same shall become binding on me from the date of their adoption by you and shall be deemed to have come to my attention by their being displayed at the websites or any other modewhich you deem fit.
    3.2
    I may cancel the use of the e-Cheques Deposit Services at any time in accordance with the e-Cheque Drop Box Terms or by using any other methods as may be made available by HKICL from time to time.
    3.3
    If there is any inconsistency or conflict between the English and Chinese versions, the English version shall prevail.
  • Law and Jurisdiction

    4.1
    The e-Cheque Deposit Services and these e-Cheque Deposit Service Terms and Conditions shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People Republic of China ("Hong Kong"). I hereby irrevocably submit to the non-exclusive jurisdiction of the Hong Kong courts.