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| Alert Service Terms and Conditions |
By using or continuing to use the Alert Service on
or after receiving the following Terms and Conditions, the Customer thereby
agrees to be bound by them together with any other terms and conditions
applicable to the Customer.
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Definitions
The following words and expressions shall have the corresponding
meanings wherever appropriate.
"Alert" emails or SMS messages that are sent to the
Customers for the Alert Service the Customers have subscribed.
"Alert Service" the service provided by the Bank to
registered users, subject to these Terms and Conditions.
"Bank” DBS Bank (Hong Kong) Limited and any successor or
assign.
"Customer" a user of the Alert Service.
"Chargeable Alerts" Alerts subject to charge(s) determined
by the Bank from time to time and payable by the Customer.
"Destination" mobile telephone number nominated by
the Customer for the purpose of receiving SMS Alerts and/or e-mail
address nominated by the Customer for the purpose of receiving
e-mail Alerts as the case may be
"Telecommunications Equipment" mobile telephones, laptop
computers, desktop PCs, pocket PCs, personal digital assistants
and any other electronic media and/or equipment used to receive
the Alerts.
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Scope of Alert Service
(i) |
The scope and features of the Alert Service will be as the Bank from time to time determines or specifies. The Bank may modify, expand or reduce the same at any time without notice. |
| (ii) |
If the Bank gives notice of a change to the Alert Service, such notice may be made in such manner and by such means of communication as the Bank shall deem fit, including, without limitation, use of direct mailing material, advertisement, branch display or electronic communications such as e-mail. |
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Use of Alert Service
(i) |
The Alert Service is available to the Customers who have
appropriate Telecommunications Equipment and access to appropriate
telecommunications network as determined by the Bank from
time to time.
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| (ii) |
The Bank reserves the right to restrict the number or type
of pieces of Telecommunications Equipment which may be registered
by the Customer for receiving the Alerts from time to time. |
(iii) |
The Alert Service may without notice
to the Customer be suspended or terminated for any reason
including without limitation invalid data; account closure;
insufficient funds within any accounts for charges; breakdown,
maintenance; modification; expansion and/or enhancement work
caused or initiated by the telecommunications companies concerned
in relation to their network or by any service provider in
respect of the Alert Service. The Bank will not assume
any liabilities or responsibilities for any such suspension
or termination. |
| (iv) |
The Customer shall promptly notify the Bank of any changes
to or in any information provided to the Bank in connection
with the Alert Service including the contact details of the
Customer's Telecommunications Equipment and the telecommunications
company providing or servicing it. |
(v) |
The Customer must notify the Bank immediately upon the
disconnection or suspension of the Customer's Telecommunications
Equipment or service.
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| (vi) |
Neither the Bank nor any of the
telecommunications companies which may be designated by the
bank for the purposes of providing the Alert Service will
assume any liability or responsibility for any failure or
delay in transmitting information to the Customer or any
error or inaccuracy in such information unless this results
from negligence or wilful default on the Bank's part or such
telecommunications companies. |
| (vii) |
Where an investment order is placed via the Phone Banking
Services, the related Order Confirmation Alert will be sent
to the primary and the secondary joint account holders only. |
| (viii) |
The Customer may suspend the Alert Service at any time
by completing the relevant screen on the website or any other
means as the Bank from time to time provides for suspending
the Alert Service. |
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Nature of Information Provided
(i) |
The Customer acknowledges
any information sent under the Alert Service is for the Customer's
information only, and shall not be taken as conclusive evidence
of the transaction to which it relates. |
| (ii) |
The Alert Service is offered only to ordinary residents of the Hong Kong Special Administrative Region. The material in the Alert is not intended for use
by persons located in or resident in jurisdictions which restrict
the distribution of this material in the Alert by the Bank.
Persons accessing the Alert should inform themselves about
any relevant prohibitions or restrictions. The Alert should
not be regarded as an offer or a solicitation to subscribe
to any products or services (including, without limitation,
investments, deposits, insurance and loans) in any jurisdiction
to any person to whom it is unlawful to make such an invitation
or solicitation in such jurisdictions. |
(iii) |
It is the Customer's sole responsibility
to verify any information received under the Alert Service
before relying or acting on it. The Bank does not assume any
liability (whether in tort or contract or otherwise) for any
reliance on any commentaries, confirmations, information or
data by the Customer or any other person. |
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Sending / Receiving Alerts and Security
(i) |
The Customer may nominate not more than one
mobile telephone number, and not more than one e-mail address,
to which the Bank will send the Alerts. The Customer is responsible
for ensuring he/she has compatible Telecommunications Equipment
capable of receiving such Alerts. |
| (ii) |
The Customer should never respond to a request purportedly
from the Bank via the Alert Service to provide his/her account
or security details such as passwords. Any such purported request
from the Bank or other irregularity in the Alerts or Alert
Service must be reported to the Bank immediately. |
(iii) |
Any Alert will be sent only once. If the Customer deletes
an Alert, it will not be sent again. |
| (iv) |
Any SMS messages or e-mail messages sent by the Bank
under the Alert Service are one-way communications and the
Customer should not reply to such SMS messages or e-mail messages. |
(v) |
The Customer is responsible for the security of his/her
Telecommunications Equipment and must take all reasonable
precautions to prevent any unauthorised use or access. |
| (vi) |
If the Customer should travel outside
Hong Kong and prior to his/her departure from Hong Kong has
not suspended the Alert Service for the period of travel,
the Customer shall be deemed to consent to and authorise the
Bank, any network operators and any third party service providers
engaged by the Bank for the purpose of providing the Alert
Service to transfer such information and store the same in
such countries or territories as may be necessary for the
purpose of the continued provision of the Alert Service to
the Customer. |
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Liability
(i) |
The Bank shall
not be responsible for any failure or delays in the transmission
of the Alerts and/or the transmission of incomplete messages,
where the failure or delay or incompleteness is due to a
breakdown or failure of transmission or communication facilities,
inherent technological deficiencies, network traffic congestion,
or any extraneous factors or causes beyond the Bank's reasonable
control. |
| (ii) |
The Bank will not be responsible
for any loss or damage caused to the Customer's data, software,
computer, Telecommunications Equipment or other equipment
caused by the Customer's use of the Alert Service unless
such loss or damage is directly and solely caused by the
Bank's negligence or deliberate fault. |
(iii) |
The third parties supporting
the Alert Service are neither agencies of the Bank nor representing
the Bank. There is no co-operation, partnership, joint venture
or other relationship with the Bank. The Bank is not responsible
for any losses caused by any action or omission of third
parties. |
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Charges
(i) |
Fees and charges apply for Chargeable
Alerts. For current fees and charges, please call the Customer
Service Hotline or see other notices issued by the Bank from
time to time. |
| (ii) |
The Customer authorises the Bank to debit the
charges incurred by the Customer for the provision of the
Alert Service from any account of the Customer maintained
with the Bank. |
(iii) |
All Chargeable Alerts sent to the Customer will
be charged regardless of whether they were received at the
Destination so long as the failure to receive such Chargeable
Alerts is not as a result of the wilful default or negligence
of the Bank. |
| (iv) |
The Bank reserves the right to revise any fees
or charges and/or levy additional fees or charges from time
to time upon giving not less than 30 days' written notice
to the Customer. |
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Applicable Terms
(i) |
If these Terms and Conditions contradict other applicable
terms and conditions, these Terms and Conditions will (in
relation to the Customer's use of the Alert Service) override
those other terms and conditions to the extent that there
is a contradiction.
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| (ii) |
The Bank reserves its rights to revise,
amend or modify these terms and conditions from time to time
and in its absolute discretion. |
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Governing Law and Language
(i) |
The Alert Service and these Terms and Conditions
are governed by and must be construed in accordance with the
laws of HKSAR. The parties submit to the non-exclusive jurisdiction
of the courts of HKSAR. These Terms and Conditions may be enforced
in the courts of any competent jurisdiction. |
| (ii) |
If at any time any part of these Terms and Conditions are
or become illegal, invalid or unenforceable in any respect,
the legality, validity or enforceability of the remaining Terms
and Conditions shall not be affected thereby. |
(iii) |
If there are any discrepancies between the English and Chinese
versions of these Terms and Conditions, the English version
shall prevail. |
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