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DBS Bank (Hong Kong) Limited
Alert Service Terms and Conditions
By using or continuing to use the Alert Service, the Customer
thereby agrees to be bound by the following terms and conditions.
1. |
Definitions
The following words and expressions shall have the corresponding
meanings wherever appropriate:
"Alerts" means emails or SMS messages that are
sent to the Customers by the Bank;
"Alert Service" means the service of sending of
Alerts by the Bank to the Customers;
"Bank" means DBS Bank (Hong Kong) Limited (including
its successors and assigns);
"Customer" means a user of the Alert Service;
"Chargeable Alerts" means Alerts the receiving
of which are subject to payment of fee(s) or charge(s) specified
by the Bank from time to time;
"Destination" means any 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);
"Fee Schedule" means the Bank Charges Schedule
published by the Bank (including any effective supplement
or addendum in relation thereto), a copy of which is available
from the Bank's website or its branches;
"Hong Kong” means the Hong Kong Special Administrative
Region of the People’s Republic of China; and
"Telecommunications Equipment" means mobile
telephones, laptop computers, desktop computers, pocket
computers, personal digital assistants and any other electronic
media and/or equipment used to receive the Alerts.
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2. |
Scope of Alert Service
2.1 |
The Bank may at its
sole discretion determine the scope and features
of the Alert Service from time to time and may modify,
expand or reduce the same at any time without notice. |
2.2 |
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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3. |
Use of Alert Service
3.1 |
The materials in the Alerts are not intended
for use by any person located or residing in jurisdictions
which prohibit or restrict the distribution of
the materials in the Alerts. If the Customer should
travel outside Hong Kong, it is the Customer’s
responsibility to ensure that the Alerts can be
properly and legally received in the relevant
jurisdiction. If the Customer is in any doubt
regarding the legality of receiving the Alerts,
such Alerts should be promptly deleted. The Bank
reserves the right to offer some types of Alerts
(as specified by the Bank from time to time),
in particular Alerts relating to the investment
accounts of Customers, to Customers who are ordinary
residents of Hong Kong.
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3.2 |
Customers must possess the appropriate Telecommunications
Equipment and have access to appropriate telecommunications
network (as determined by the Bank from time to time)
in order to use the Alert Service. |
3.3 |
The Bank reserves the right to restrict
the number and/or type of Destination which may
be registered by the Customer for receiving the
Alerts from time to time. |
3.4 |
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. |
3.5 |
The Customer shall promptly notify the Bank (i)
of any changes in any information provided to
the Bank in connection with the Alert Service,
including the Destination(s) registered with the
Bank; or (ii) if any Destination becomes unavailable
for receiving the Alerts.
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3.6 |
The Bank assumes no liability
or responsibility for any failure or delay in transmitting
information to the Customers or any error or inaccuracy
in such information unless this results from negligence
or wilful default on the part of Bank. |
3.7 |
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. |
3.8 |
Customers may be required to register with the Bank
in order to receive some types of Alerts (as specified
by the Bank from time to time). |
3.9 |
The Customer may request to terminate the receiving
of some types of Alerts by completing a request
on the Bank’s website or through any other
means as specified the Bank from time to time. |
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4. |
Nature of Information Provided
4.1 |
The Customer acknowledges
that the information sent under the Alert Service
is for the Customer’s information only. The
Alerts should not be relied upon by the Customers
or any other person nor be taken as conclusive evidence
of the transaction to which it relates. |
4.2 |
None of the Alerts should 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. |
4.3 |
It is the Customer’s sole
responsibility to verify any information received
under the Alert Service. 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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5. |
Sending / Receiving Alerts and Security
5.1 |
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
possesses compatible Telecommunications Equipment
capable of receiving the Alerts. |
5.2 |
Any Alert will be sent to a Customer once only.
If the Customer deletes an Alert, the Bank will not
send the same Alert again. |
5.3 |
Any Alerts sent by the Bank to the Customers
are one-way communications and the Customer should
not reply to such Alerts (via SMS or e-mail), in
particular, the Customer should not provide any
account or security details such as passwords in
any reply. Any request for such details purported
to have been sent by the Bank in any Alert or any
other irregularity in the Alerts or Alert Service
must be reported to the Bank immediately. |
5.4 |
The Customer is responsible for the security
of all Telecommunications Equipments and must take
all reasonable precautions to prevent any unauthorised
use or access. |
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6. |
Liability
6.1 |
The Bank shall
not be responsible for any incompleteness, failure
or delay in the transmission of the Alerts, where
the incompleteness, failure or delay is caused by
or in connection with a breakdown or failure of
transmission or communication facilities, inherent
technological deficiencies, network traffic congestion,
blockage of the Alerts by a network or any extraneous
factors or causes beyond the Bank's control. |
6.2 |
The Bank will not be responsible
for any loss or damage to the Customer’s data,
software, Telecommunications Equipment or other
equipment resulting from the Customer’s use
of the Alert Service unless such loss or damage
is directly and solely caused by the Bank’s
negligence or wilful default. |
6.3 |
There is no agency, co-operation,
partnership or joint venture relationship between
the third parties supporting the Alert Service and
the Bank, nor do they represent the Bank in any
way. The Bank is not responsible for any losses
or damages caused by any action or omission of any
third parties. |
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7. |
Charges
7.1 |
The Customer should refer to
the Fee Schedule for fees and charges applicable to
Chargeable Alerts. |
7.2 |
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. |
7.3 |
All Chargeable Alerts sent to the Customer
will be charged regardless of whether they were
received at the Destination, provided that any failure
to receive such Chargeable Alerts is not caused
by the wilful default or negligence of the Bank. |
7.4 |
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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8. |
Applicable Terms
The terms and conditions for the products or services
by which the Customers are bound shall apply in addition
to these Terms and Conditions. In respect of the Alert Service,
should there be any inconsistency between these Terms and
Conditions and any other terms and conditions applicable
to the Customers, these Terms and Conditions shall prevail
to the extent of the inconsistency. |
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9. |
Amendments
These Terms and Conditions may be amended from
time to time by the Bank. The Bank will notify the Customer
of any amendments by posting a notice on the Bank's website.
Where the Bank proposes to make amendments relating to an
increase in the Bank's fees or charges and/or affecting
the liabilities and obligations of the Customer, the Bank
shall give at least 30 days' notice to the Customer unless
it is not practicable for the Bank to do so. In such other
cases, reasonable notice shall be given. |
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10. |
Law and Language
10.1 |
These Terms and Conditions shall be
construed and governed by the laws of Hong Kong and
subject to the non-exclusive jurisdiction of the courts
of Hong Kong. |
10.2 |
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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24 October 2010 |
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