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.

   
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.
   
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.

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.

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.

   
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.
   
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.

   
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.
   
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.

   
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.
   
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.
   
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.
   
24 October 2010