Terms and Conditions
You must read the following terms and conditions (these " Terms and Conditions ") carefully before using any services available (i) on the website (whose URL address: www.bocpt.com) (the " Website ") and/or (ii) via telephone services offered by BOCI-Prudential Trustee Limited. Your continued use of any of the aforementioned services shall be deemed to constitute your agreement to be legally bound by these Terms and Conditions and the Privacy Statement for Internet and Interactive Voice Response System Services. Your use of any such aforementioned services shall be subject to the most current version of these Terms and Conditions at the time of such use. You must regularly review these Terms and Conditions and the additional terms posted on the Website.
1. BINDING AGREEMENT
These Terms and Conditions constitute a legally binding agreement between BOCI-Prudential Trustee Limited, its successors and assigns (" BOCPT") and you.
2.1 BOCPT will provide you with the Internet and interactive voice response system services on the Website or via telephone services offered by BOCPT (collectively, the " Services ") in accordance with these Terms and Conditions.
2.2 You acknowledge that the Services are available at BOCPT's sole discretion and that the full range of the Services may not be available in all countries/regions.
2.3 BOCPT may at any time:
(a) add new services to, or substitute new services for the Services;
(b) replace, withdraw, suspend, amend or delete any of the Services; or
(c) amend or supplement to these Terms and Conditions,
upon notice to you by posting it online or in writing. You will be deemed to have sufficient notice of any of the above changes 3 days after such changes have been displayed on the Website.
2.4 The information and materials on the Website and/or via BOCPT's telephone services shall not be regarded as an offer, solicitation, invitation, advice or recommendation to buy or sell any investment or securities.
3. YOUR LOGIN ID, USERNAME, PIN AND PASSWORD
3.1 You will keep your login ID (the " Login ID "), username (the " Username "), personal identification number (the " PIN ") and the password (the " Password ") confidential and secure and may not disclose the same to any person.
3.2 If you become aware of your Login ID, Username, PIN and/or Password being used by any unauthorized person or if you believe that your Login ID, Username, PIN and/or Password has been lost or stolen, you shall notify BOCPT immediately in writing.
3.3 You will be fully responsible for any and all access to the Website and use of the Services using your Login ID, Username, PIN and Password. BOCPT shall not be liable for any loss or damage you sustain by reason of any such access to any Service, or any such use of your Login ID, Username, PIN or Password, as the case may be.
3.4 You may change your PIN on the Website or through BOCPT's certain telephone services at any time. You may change your Username and/or Password on the Website at any time. Any such change will only be effective upon the acceptance and confirmation by BOCPT. You may not change your Login ID on the Website or through BOCPT's telephone services.
4.1 You hereby authorize BOCPT to act on any written, oral, telephone, card or computer-generated instruction in respect of the Services made using your Login ID, Username, PIN and Password. BOCPT shall not be bound to verify the authenticity or accuracy of any such instruction made through any use of your Login ID, Username, PIN and Password.
4.2 Instructions provided by you using your Login ID, Username, PIN and Password shall be valid and conclusively binding on you, even if such instructions are given by you or by any other person purporting to be you.
4.3 BOCPT will process your instructions as soon as reasonably practicable after receipt of your instructions. BOCPT shall not be liable in any event for any delay in processing any of your instructions. BOCPT will process your instructions by reference to your account information and fund unit prices (the "Account Information ") current at the time of processing.
5. YOUR FURTHER OBLIGATIONS
5.1 You are responsible for providing and operating at your own cost all equipment and software necessary to use or access to any of the Services.
5.2 You will comply with all operational instructions as BOCPT may provide to you from time to time.
5.3 You will not, and will not attempt to, access, use, break, tamper with or hack any part of BOCPT's telecommunications or computer systems, sites servers, data areas, software and/or other materials.
5.4 You acknowledge that you do not have any right, title or interest in BOCPT's telecommunications or computer systems or in any related software or materials other than the right to access the Services subject to these Terms and Conditions.
5.5 You will comply with all applicable laws and regulations in connection with your access to and use any part of the Services.
6. ACCOUNT INFORMATION
6.1 BOCPT will use its reasonable endeavours to update the Account Information on a regular basis and in accordance with the procedures as notified by BOCPT to you from time to time.
6.2 BOCPT shall not be liable for any consequences as a result of (a) any delay in updating the Account Information or (b) any error in the Account Information through the use of the Services.
6.3 You acknowledge that the Account Information available from the Services is for your reference only.
6.4 BOCPT's data records containing the Account Information and other information shall be, save in the case of manifest errors, conclusive evidence of its content and shall be binding on you. You agree that such records shall be admissible in court as evidence of the existence of the communications and of the facts contained therein, to the extent permitted by applicable laws.
7. DISCLAIMER AND LIABILITY
7.1 BOCPT makes no representation or warranty of any kind, express, implied or statutory regarding the Services and the Website or the information or materials contained or referred to in the Website or otherwise provided via the Services. To the fullest extent permitted by law, BOCPT hereby expressly excludes and disclaims any condition, representation, warranty or responsibility of any kind relating to the Services and/or such information and materials, whether express or implied, by statute or otherwise, including without limitation any such condition, representation, warranty or responsibility regarding the title, fitness for a particular purpose, merchantability or standard of quality of the Services and/or such information and materials, that they will be accurate or free of errors or omissions, that they will not infringe any third party rights, that they will be available and uninterrupted at any particular time, free of computer viruses, adhere to any particular performance standards or that any instruction to or information requested from the Website and/or via the Services will be acted upon, delivered to or received by you in any time or at all.
7.2 The information and materials contained on the Website or otherwise provided via the Services is provided for information only and should not be used as a basis for making business decisions. Any advice or information received via the Website or otherwise provided via the Services should not be relied upon without consulting primary sources of information and obtaining specific professional advice. BOCPT accepts no liability for any loss or damage arising directly or indirectly from action taken, or not taken, in reliance on information or materials contained on the Website or otherwise provided via the Services. In particular, no warranty is given that economic reporting information, materials or data is accurate, reliable or up to date.
7.3 BOCPT shall not be liable for any loss or damage arising directly or indirectly (including special, incidental or consequential loss or damage) from your use of the Website and the Services including any loss, damage or expense arising from, but not limited to, any defect, error, fault, mistake or inaccuracy with the Website, its contents or the Services, or due to any unavailability of the Website or any part thereof or any contents or the Services.
7.4 BOCPT may provide hyperlinks from the Website to other sites for information purposes only. BOCPT accepts no liability for any loss or damage arising directly or indirectly (including consequential loss) from the accuracy or otherwise of information or materials contained in such sites or loss arising directly or indirectly from defects with such sites. The inclusion of hyperlinks by BOCPT to sites does not imply any endorsement by BOCPT of the material on such sites.
7.5 BOCPT does not warrant that any communications from or to the Website and/or via the telephone services will be sent to you or received by BOCPT nor does BOCPT warrant the privacy and/or security of such communications during transmission.
7.6 Although BOCPT will use its reasonable endeavours to update and maintain its system, you acknowledge that there are risks inherent in using the Services but agree that the potential benefits justify these risks and you waive any claim you might have against BOCPT because of:
(a) Any failure of systems or equipment (whether or not provided by BOCPT) including telecommunications services and facilities;
(b) BOCPT's acceptance of any unauthorised instructions which appear (or which BOCPT believes) to be from you;
(c) Delays in the implementation of instructions from you;
(d) Delays in delivery or availability of, or failure to deliver or make available, any part of the Services;
(e) Delays in despatch or delivery of, or failure to despatch or deliver, any notice or information provided or requested via the Services or any inaccuracy, error or omission in or from any such notice or in or from any information contained in any such notice;
(f) Your failure to use the Services in accordance with these Terms and Conditions; and
(g) Your reliance, use or otherwise acting upon any information or materials provided via the Services.
You will indemnify BOCPT against any action, liability, cost, claim, loss, damage, proceeding or expense (including legal fees, costs and expenses on a full indemnity basis) suffered by BOCPT which is directly or indirectly related to any breach or non-observance of any of these Terms and Conditions by you.
9. USE OF PERSONAL DATA
9.1 You agree that, to the extent permitted by law, any and all personal data relating to you collected by BOCPT from time to time may be used and disclosed in accordance with the Privacy Statement for Internet and Interactive Voice Response System Services of BOCPT (as may be amended from time to time) which is posted on the Website.
9.2 BOCPT may arrange for all telephone calls to the Services to be recorded. Such recordings will be used for training and quality control purposes and if necessary, as evidence in any legal proceedings.
10.1 BOCPT may terminate any or all parts of these Terms and Conditions, your access to the Website and/or your use of any or all of the Services at any time, with or without cause or notice.
10.2 You may terminate these Terms and Conditions (in whole only) by giving at least 7 days' written notice to BOCPT.
10.3 Termination of these Terms and Conditions will not affect any of the accrued rights or liabilities of you or BOCPT.
11. INTELLECTUAL PROPERTY RIGHTS
11.1 You acknowledge that BOCPT or its affiliated company owns the trademarks, logos and service marks displayed on the Website and you may not use the same without prior written consent from BOCPT.
11.2 The copyright of all content of the Website (including without limitation, the text, graphics, links and sounds) belongs to BOCPT and no part of the same may be modified, reproduced, copied, distributed or published in any way without prior written consent of BOCPT.
12. RESTRICTED COUNTRIES/REGIONS
The Services are not intended for use in certain countries/regions where such use will be prohibited by the applicable laws. You are solely responsible for identifying, observing and complying with the applicable restrictions in such countries/regions.
13. ENGLISH AND CHINESE VERSIONS
Should there be any discrepancy between the English and Chinese versions, the English version shall prevail.
14. GOVERNING LAW AND JURISDICTION
The Services and these Terms and Conditions are governed by and shall be construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China (" Hong Kong "). You hereby agree to submit to the exclusive jurisdiction of Hong Kong.