TERMS & CONDITIONS

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

(Effective as of October 10, 2022)

• 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"), Citibank, N.A., Hong Kong Branch 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 input a one-time password (the "OTP") generated by an electronic or physical security device designated by the Bank from time to time (the "Security Device") 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 a Fingerprint Authentication/Touch ID/Face ID or any other biometric sensor/authentication technology (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 the Citi Mobile® App has an in-built enhanced security function for login authentication and transaction authorization without the use of a hard token. To use the enhanced security function of Citi Mobile® App, I will need to register via Citi Mobile® App installed on my Device (as may be acceptable to you from time to time). Once bound with enhanced security function, my Device could be recognised by the Citi Mobile® App for authenticating any transaction as being conducted by the bound Device or other similar purposes. I understand that the enhanced security function can be enabled in Citi Mobile® App on one single device only at any given time and enabling enhanced security function on Citi Mobile® App with the same login details on a different device will disable its availability on previous device. Upon every registration of the enhanced security function, I acknowledge that I will be subjected to a cooling-off period as shown on Citi Mobile® App. During the cooling-off period, some transactions will be restricted by Citibank for the sake of security. The restricted transactions are determined and subject to change from time to time by Citibank at its sole discretion.

• 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 be 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, Face ID and/or other biometric credentials 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 or the 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 or the 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, failing to properly safeguard, or knowingly allow the use by others of, any of the Security Codes or the Security Device or the 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, Face ID and/or other biometric credentials, 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 (i) 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; (ii) 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; (iii) 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.
  7.4

  In order to ensure my secure access to the Services and/or Citibank Mobile Application as well as for fraud prevention purpose, you will use cookies, web logs (information about how I use the Services and/or Citibank Mobile Application) and remote scanning technologies to obtain information, to improve security of the Services and/or Citibank Mobile Application and to detect malware, threats and vulnerabilities that may affect security of the Services and/or Citibank Mobile Application. I acknowledge and agree that you may collect, transmit, store, and use technical, location, and other personal data and information, including but not limited to technical information about my Device such as IP address and/or Device ID, system and application software, and peripherals, and information regarding my location for such purposes. You may restrict my access to the Services and/or Citibank Mobile Application if such remote scanning detects any signs of suspicious online transactions/activities, potential malware, other online threats or system vulnerabilities. I will be held responsible for using a Device that shows signs of potential malware infection and affects the security of the Services and/or Citibank Mobile Application.
  7.5

  When I use the Services and/or Citibank Mobile Application, you and third parties that you work with may use cookies and/or pixel tags to collect information (for example, time and duration of my use of the Services/Citibank Mobile Application, pages I viewed while using the Services/Citibank Mobile Application) and store my preferences. You may use the information for security purpose, to facilitate navigation, to display information more effectively, and to personalize my experience while using the Services and/or Citibank Mobile Application, as well as for online tracking and marketing purposes. You may recognize my Device to assist my use of the Services and/or Citibank Mobile Application. You may also gather statistical information about the usage of the Services and/or Citibank Mobile Application for security, fraud prevention and marketing purposes, and to continually improve the design and functionality and understand how the Services and/or Citibank Mobile Application are used and to assist you with resolving questions or issues regarding the Services and/or Citibank Mobile Application. You may also use cookies to select which of your advertisements or offers are most likely to appeal to me and display them while I am online. You may also use cookies in online and mobile advertising to track responses to advertisements and to measure the success of marketing campaigns.
  7.6

  As your customer, I understand the data submitted by me and/or collected by you through use of the Services and/or Citibank Mobile Application will also be governed by your Policy Statement relating to the Personal Data (Privacy) Ordinance available on www.citibank.com.hk.

• 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.
  I understand and accept that if I do not agree to this Agreement or its amendment, addition, deletion, replacement or supplement from time to time, I will be denied to (1) online banking access, (2) mobile online banking access, (3) and the access to view e-statement and e-advice.
  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.

Citibank, N.A.

Organized under the laws of USA with limited liability

Terms of Use for Citi Mobile^® App User Agreement offered by Citibank (Hong Kong) Limited

(Effective as of May 1, 2023)

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, CITIBANK, N.A., HONG KONG BRANCH (“CBNA”) 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 or CBNA (as the case maybe) allowing them to access banking services provided by CHKL or CBNA 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'.

To the extent certain banking services accessed via the Application are provided to you by CBNA, the references to “CHKL” below shall extend to cover CBNA as appropriate.

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 and marketing 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, for security, fraud prevention and marketing purposes, and to continually improve the design and functionality and 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 online. CHKL may also use cookies in online and mobile advertising to track responses to advertisements and to measure the success of 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 (without limitation): time and duration of my use of the Application; and pages I viewed while using the Application.

As a customer of CHKL and/or CBNA, 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. I understand and accept that if I do not agree to these Terms or Use or its amendment, addition, deletion, replacement or supplement from time to time, I will be denied to (1) online banking access, (2) mobile online banking access, (3) and the access to view e-statement and e-advice.

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 use biometric authentication technology on my Device, for example, Fingerprint Authentication/Touch ID or Face ID, and access the Application using my fingerprint or facial data or other biometric credentials which are stored on my Device instead of a password.

Activating Fingerprint Authentication/Touch ID or Face ID or other biometric authentication technology on my Device for the Application would allow any fingerprint or facial data or other biometric credentials stored on my Device, now or in the future, to be used to access the Application, and consequently view my CHKL accounts and effect transactions such as transferring money from such accounts.

Accordingly, I agree:

• not to activate Fingerprint Authentication/Touch ID or Face ID or other biometric authentication technology on my Device for the Application if I have any other person's fingerprint or facial data or other biometric credentials stored on my Device; and
• not to take any action to disable any function provided by, and/or agreeing to any settings of, my Device that would otherwise compromise the security of the use of my biometric credentials for authentication purposes (e.g. disabling “attention-aware” for facial recognition).

In addition, as general security measures, I agree:

• to follow all security precautions provided by the manufacturer of my Device operating system;
• not to use the Application on any device or operating system that has been modified outside the mobile device or operating system vendor supported or warranted configurations (e.g. devices that have been "jail-broken" or "rooted"). A jail broken or rooted device means one that has been freed from the limitations imposed on it by the mobile service provider and/or the phone manufacturer without their approval. The use of Application on a jail broken or rooted device may compromise security and lead to fraudulent transactions; and
• to only download Application and its updates from official sources.

If I, despite the warning above, activate Fingerprint Authentication/Touch ID or Face ID or other biometric authentication technology on my Device for the Application even though I have someone else’s fingerprint or facial data or other biometric credentials stored on my Device, any access, transfers and/or transactions effected using any of the fingerprint(s) or facial data or biometric credentials stored on my Device will be considered as authorized by me and I will be fully responsible for them. I will also be fully responsible and liable for all consequences arising from or in connection with the use of the Service or the Application if I fail to take any of the security measures communicated or published by CHKL or my Device manufacturer from time to time.

I acknowledge and agree that CHKL is not responsible for the Fingerprint Authentication/Touch ID/Face ID or other biometric sensor/authentication 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/Face ID or any other biometric sensor/authentication technology on my Device as a means for securing access to and using the Application. By activating the Fingerprint Authentication/Touch ID/Face ID or other biometric sensor/authentication technology on my Device for the Application, I agree to CHKL using and relying on Fingerprint Authentication/Touch ID/Face ID or such other biometric sensor/authentication technology on my Device 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/Face ID or any other biometric sensor/authentication technology on my Device 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 and/or CBNA may still require my password and/or another form of authentication even though I have accessed the Application using Fingerprint Authentication/Touch ID/Face ID or any other biometric sensor/authentication technology on my Device.

For more information on the application of Face ID on Apple’s IPhone X, please go to the Apple website – About Face ID Advanced Technology.

I understand that the Citi Mobile® App has an in-built enhanced security function for login authentication and transaction authorization without the use of a hard token. To use the enhanced security function of Citi Mobile® App, I will need to register via Citi Mobile® App installed on my Device (as may be acceptable to you from time to time). Once bound with enhanced security function, my Device could be recognized by the Citi Mobile® App for authenticating any transaction as being conducted by the bound Device or other similar purposes. I understand that the enhanced security function can be enabled in Citi Mobile® App on one single device only at any given time and enabling enhanced security function on Citi Mobile® App with the same login details on a different device will disable its availability on previous device. Upon every registration of the enhanced security function, I acknowledge that I will be subjected to a cooling-off period as shown on Citi Mobile® App. During the cooling-off period, some transactions will be restricted by Citibank for the sake of security. The restricted transactions are determined and subject to change from time to time by Citibank at its sole discretion.

I acknowledge that the Application or any part of it may be updated regularly and automatically (without further notification to me or action from me) to ensure that I have the latest features or content of the Application. I further agree that where such updates are done over my mobile data, I may incur data charges and other costs imposed by the relevant telecommunications provider unless I have chosen, via the Application, to allow such updates over WiFi only.

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.

© 2018 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, Touch ID and Face 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.

Cardless Withdrawal Function

If I use the Cardless Withdrawal function (“Function”) of the Application, and if I also have an ATM/Debit Card issued by CHKL or CBNA (as the case may be) (each, the “Bank”), I will be allowed to provide cash withdrawal instruction (“Withdrawal Instruction”) to the Bank by scanning a Quick Response Code (“QR Code”) displayed on applicable Bank or JETCO ATMs in Hong Kong that support cardless withdrawal transactions and perform a cash withdrawal transaction from [my Account(s)] without the physical ATM/Debit Card (“Cardless Withdrawal Transaction”) while the Withdrawal Instruction is still valid.

The Function is provided as part of the Application and ATM/Debit Card Services, and I may still use the physical ATM/Debit Card to withdraw cash without using the Function. By using the Function, I agree and confirm that the Function is provided subject to these Terms of Use, the Citibank Online User Agreement and the Bank’s “Terms and Conditions for Citibank ATM/Debit Card Services and Citiphone Services” (“ATM Terms”), and that (unless the context requires otherwise):

i. all references to “Transaction(s)” in the ATM Terms shall include all Cardless Withdrawal Transactions performed by me from time to time;
ii. all references to “Card” in the ATM Terms shall include the Function;
iii. all references to the “Code” in the ATM Terms shall include all Withdrawal Instructions given by me to the Bank from time to time;
iv. all references to “Citibank Online” service in the ATM Terms shall include the Function; and
v. all references to “the Service” or “the Services” in these Terms of Use and the Citibank Online User Agreement shall include the Function.

Capitalised terms and expressions not specifically defined in this section of these Terms of Use shall have the same respective meanings as defined in the ATM Terms. In the event of any conflict or inconsistency, this section of these Terms of Use shall prevail over the ATM Terms in respect of the Function.

The Withdrawal Instruction has such expiry period as set by the Bank from time to time. I will need to perform the Cardless Withdrawal Transaction before the Withdrawal Instruction expires. Upon expiry, the Withdrawal Instruction will be cancelled automatically and will not be processed by the Bank.

The Function is available for cash withdrawal in Hong Kong Dollar only, unless otherwise announced by the Bank in the future. The Bank shall be entitled to impose daily withdrawal and/or other transaction limits for the Function which may be different from the limits imposed on the use of physical ATM/Debit Cards. Further, the Accounts accessible by the use of the Function may be different from the Accounts accessible by the use of the physical ATM/Debit Cards and it is my responsibility to carefully review the Account(s) displayed and choose the correct Account with sufficient balance to perform a cash withdrawal transaction.

The Bank may suspend or terminate the Function or my access to and/or use of the Function, or decline or reject any Withdrawal Instruction for any reason, at any time and without prior notice.

I must keep my mobile telephone under personal control and my password, account credentials and security details confidential. I must take all reasonable precautions to prevent loss, theft or unauthorized or fraudulent use of my mobile telephone, password, account credentials, security details or other confidential information.

Except due to your negligence or willful default, you shall under no circumstances be liable for my loss, damage or expense of any kind which I may incur or suffer from, in connection with the following (or any of them):

i. any failure of mine to gain access in whole or part to the Service, or to retrieve information of the withdrawal instruction under the Service;
ii. any failure of mine to update mobile phone number(s), withdrawal amount, withdrawal account number and any other data and information in connection of my use of the Service;
iii. any inaccuracy, incompleteness or error in any information of the withdrawal instruction given by me in connection with the Service;
iv. any delay in the implementation of withdrawal instruction;
v. delivery or availability of; or failure to deliver or make available of any part of the Service;
vi. any damage, loss, liability or obligation for any error, delay, failure and consequence arising from or in connection with the withdrawal instruction by scanning QR Code provided by any third party or parties;
vii. any damage or loss to my data, software, mobile telephone or any equipment arising from or in connection with my use of the Service.

I shall indemnify you and keep you indemnified against any consequences, claims, proceedings, loses, damages or expenses (including all legal costs on an indemnity basis) which are of reasonable amount whatsoever and howsoever caused (save and except any direct loss or damages caused by negligence or misconduct on the part of you) that may arise to be reasonably incurred by you in providing the Service to me arising out of or in connection with any improper use of the Service.

No person other than you and I will have any right under the Contracts (Rights of Third Parties) Ordinance (Cap.623 of the Laws of Hong Kong) to enforce or enjoy the benefit of any of the provisions of these Terms and Conditions.

Citibank, N.A.

Organized under the laws of USA with limited liability

Terms and Conditions for e-Statement Service/ e-Advice Service / Citi Alerts Service (“Service(s)”)

You must read through these Terms and Conditions (these “Terms”) carefully before using the Service(s). These Terms set out the rights and obligations of you and the Bank in connection with your use of the Service(s) and are to be read in addition to and in conjunction with other terms and conditions that applicable to the bank accounts, facilities, benefits and services to which the Services are related to. In case of inconsistency between such other terms and conditions and these Terms, these Terms shall prevail.

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"), Citibank, N.A., Hong Kong Branch and Diners Club International (Hong Kong) Limited, as the case may be.

• I consent and I confirm to subscribe for the service in which an electronic form of statement of accounts(s) and designated advice of account(s) will be made available to me for viewing, printing and downloading via Citibank Online and/or Citi mobile app ("e-Statement Service" & “e-Advice Service” respectively). I understand that upon enrollment of the e-Statement and/or e-Advice Service, you will no longer send me printed paper monthly statement and designated advice in paper form (please visit www.citibank.com.hk/e-advice for the list of designated advice). I may also enroll for the service in which you may send alerts to me via electronic means ("Citi Alerts Service"). I agree to abide by any and all laws, rules, regulations and official issuances applicable to the Service(s) (as the case may be), as enacted, issued or enforced from time to time, 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. I understand you will send me an email notification to my registered email account and/ or SMS notification to my registered mobile phone number with you when any eStatement or e-Advice is available for access and I am advised to check such email account regularly.
• 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 made available to me on the basis that I accept and confirm that I have the appropriate hardware and software, internet access, telecommunication services, equipment, specific email, mobile number for receiving the Service(s) from you. 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 secured and cannot be accessed by unauthorized third parties. I confirm that I shall not allow anyone to use, access or operation the Service(s) on my behalf. 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 for the use of internet, email, SMS in connection with the use of the e-Statement Service / e-Advice Service / Citi Alerts Service including, without limitation, any of such Service(s) 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 inform you as soon as practicable upon a change in email address or mobile number to avoid any missing notification and continuing to use e-Statement Service / e-Advice Service / Citi Alerts Service. I also undertake to inform you as soon as practicable upon any change of my circumstances so that any part or all of the Service(s) become unsuitable or not fit for my use and I will de-roll any such service(s).
• I agree and acknowledge that if upon reasonable attempt and you are unable to deliver any email and SMS notifications in connection with the e-Statement Service / e-Advice Service to me or any other event as it occurs to you, , you may suspend my access to e-Statement service / e-Advice service and the banking services for my protection.
• To cancel enrollment for e-Statement Service and e-Advice Service, I shall cancel before the date of the next Statement/advice through Citibank Online or CitiPhone Banking service. Upon cancellation of enrollment of e-Statement Service and e-Advice Service, you will resume sending Statements and advices in paper form to me, with applicable charge of fees.
• I understand and agree to pay the applicable fees if I request for:
  i) a copy of any advice that is no longer available for access and downloading online via the e-Statement Service / e-Advice Service; or
  ii) a copy of any advice, in addition to the e-Advice available online, by other means.
• I acknowledge that any information received by me via any telecommunications or electronic equipment and network service providers necessary (“Equipment and Providers”) to receive the Service(s) 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 Equipment and Providers designated by you for the purposes of providing the Service(s) 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 Equipment and Providers. In particular, I understand that neither you nor any such Equipment and Providers shall assume any liability or responsibility for consequences arising from any cause beyond its reasonable control including, without limitation, failure of my Equipment and Providers 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, pandemic or epidemic, government act, civil commotion, strike, war, fire, flood or explosion.

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.

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.