Terms and Conditions

IMPORTANT

Please read these Terms and Conditions carefully before applying for the Personal Internet Banking Service.

If you breach any of your security duties you may be liable for transactions even if you did not authorise them.

Your use of the Personal Internet Banking Service shall constitute your acceptance of these terms.

Words and phrases used in these Terms and Conditions are defined in Clause 1.

Please note that after initial registration we will never contact you, or ask anyone to do so on our behalf, and ask for your security codes. If you receive any such request from anyone (even if they are using our name and logo and appear to be genuine) then it is likely to be fraudulent and you must not supply your security codes to them. Any such requests should be reported to us immediately.

1.DEFINITIONS

The following words have these meanings in this document:

Account means the account held in your name(s) with us.

Application Form means the Personal Internet Banking Application Form.

BOC (UK) Limited refers to Bank of China (UK) Limited.

Business Day means a day, not being a Saturday, Sunday, or a Public Holiday, on which banks are open for business in London.

E-token is the security device that produces a unique pass-code, also known as a one-time password each time it is used.

Personal Internet Banking Service (“the Service”) means the service to be provided by us to you under these Terms and Conditions by which you may access information and give us instructions in respect of your Accounts.

Funds Transfer means a transfer of funds between your selected Accounts pursuant to instructions received by us through the Service.

Selected Accounts means those of your Accounts that we make available for Funds Transfer Service.

Website means our official Internet website, currently having domain address http://fygdyy120.com/uk as amended, updated or replaced from time to time.

We, Us, and Our are references to Bank of China (UK) Limited Registered in England Number 6193060, Registered Office: 1 Lothbury, London, EC2R 7DB.

You, Your and Yours are references to the account holders requesting the Personal Internet Banking Service.

2. USING THE Service

2.1 By signing the Application Form you:

• agree to these Terms and Conditions; and
• acknowledge that nothing in these Terms and Conditions affects the authorisation of any signatories authorised to operate your Accounts via any access method other than the Service.

2.2 Before you can use the Service you must:

• hold or open at least one Account with us;
• complete and submit an Application Form to us;
• Successfully undergo all relevant identification procedures if and as required by Law; and
• acquire your username, secure password and E-token. You can personally collect your username, secure password and E-token from one of our branches, or request us to send them separately by post to you.

3. Security Codes

3.1 To access the Service, you must successfully:

• enter your secure username;
• enter your secure password;
• enter the one-time password generated by your E-token; and
• enter the verification code displayed on the screen

3.2 The secure username:

• is a 6-20 digit alpha-numeric code;
• identifies you as the holder of the Account; and
• is initially issued by us, but must be changed by you as soon as possible after you have logged on to the Service for the first time.

3.3 The secure password:

• is an 8-20 digit alpha-numeric code;
• verifies your identity to access the Service; and
• is initially issued by us, but must be changed by you as soon as possible after you have logged on to the Service for the first time.

3.4 On any day, once your username is entered, if the wrong password is entered 5 times consecutively, your username will be temporarily blocked and you will not be allowed to attempt a further login until the next day. If the wrong password is entered 15 times consecutively, your username will be permanently blocked and you will not be allowed to attempt a further login until you notify us to reactivate your username by providing a proof of your identity.

3.5 The one-time password:

• is a random 6 digit number generated by your E-token, and is displayed on a small screen on the E-token;
• is typically generated every 60 seconds which is the life span of the password;
• can only be used during the life span. The same one-time password cannot be used more than once.

3.6 On any day, if the invalid one-time password is entered 10 times consecutively, the E-token will be automatically locked and you will not be allowed to attempt a further login until you notify us to unlock your E-token by providing a proof of your identity.

4. Funds Transfers

4.1 You may instruct us to make a Funds Transfer ONLY:

• between your selected Accounts;
• to take effect during Funds Transfer Operating Hours on Working Days. IMPORTANT: Each type of Funds Transfer has its own Operating Hours:

*System maintenance is normally conducted between the hours of 19:00 and 21:00 on any working day, but can vary from day to day.

4.2 You can give a Funds Transfer instruction to take effect:

• immediately on receipt; or
• at a future time (i.e. a Scheduled Payment).
• HOWEVER, if any payment is scheduled for a day that is not a Business Day, it will NOT take effect until the following Business Day and you will receive no notice of this.

4.3 Once we receive a Funds Transfer instruction, we:

• will acknowledge this by sending either a transaction receipt or a failed transaction notice;
• update your Account information accordingly.

4.4 You are responsible for any errors or inaccuracies in Funds Transfer instructions. Where reasonably practicable, we will assist you to mitigate your loss.

4.5 Where we make an error in a Funds Transfer we will do everything reasonably practicable to rectify the error, but which is not otherwise due to your own fraud, negligence or wilful default.

4.6 We are not responsible for failing to comply with any Funds Transfer instruction if:

• it is unclear or incomplete;
• it is given or is to take effect outside Funds Transfer Operating Hours
• we are not satisfied that the instruction has been provided by you;
• your Account to be debited has insufficient funds or insufficient pre-agreed credit to carry out the Funds Transfer;
• your Account to be debited has been frozen for any reason or there is a legal impediment to processing the Funds Transfer; or
• the Funds Transfer cannot be processed due to any other circumstances beyond our control.

5. Your Security Obligations

5.1 You are responsible for ensuring that you have:

• adequate protection systems, including anti-virus measures, to protect the security of your username and password and your use of the Service and to prevent any unauthorised access to your security details.

5.2 You must select a username and password that:

• has no obvious connection to your name, address, birth date or driver's licence number;
• is not an obvious sequence of letters or numbers such as 7654321, abcdefg, or aaaaaaa.

5.3 You must:

• keep your username and password secure and secret at all times;
• take all reasonable steps to ensure that E-token is kept secure, safe and undamaged, and that information provided to you for your use of the Personal Internet Banking Service is kept secure and safe.
• change your username on receipt – once changed, the username cannot be further altered; and
• change your password on receipt – and subsequently regularly (at least once every 3 months).

5.4 You must ensure that your username and password are:

• not stored in any manner which indicates that they are a security code;
• not used after we have notified you that your right to use them or the Personal Internet Banking Service has been revoked;
• not disclosed, reverse compiled, copied or in any way observed while being used; and
• not accessed by any unauthorised person.

5.5 If you are aware of any breach of your username, password, or E-token you must notify us immediately on 0207 929 3407 or 0845 602 7083 (lines are open from 9:00am to 5:00pm every business day) and comply with all instructions from us. The notification of the security breach will take effect immediately after it is received by us. Subject to clause 8, any losses that may occur prior to the notification taking effect will be borne by you.

6. Your other Obligations

6.1 When using the Service, you must:

• act in accordance with these Terms and Conditions;
• comply with all relevant laws; and
• comply with all terms of use of the Website appearing on the Website.

6.2 You must comply with all instructions given by us from time to time in relation to the use of the Service.

6.3 You warrant the truth, accuracy and completeness of all information given to us by you:

• in any Application Form; or
• when using the Service; or
• otherwise acting in respect of any Account
• and you acknowledge and agree that, in entering into these Terms and Conditions and providing the Service, we are relying on the truth, accuracy and completeness of all information given by you.

6.4 You must notify us immediately if there are any changes to the information you provided on the Application Form.

7. Verification Of Instructions

7.1 When we receive instructions for the Service, we will verify that the person giving the instruction is you by reference to entry of the correct username, secure password and valid one-time password.

7.2 Once we have verified that the person sending a Funds Transfer instruction is you in accordance with clause 7.1, the instruction will constitute a valid direction from you to us and you must accept all responsibility for the accuracy of information contained in the instruction.

7.3 You acknowledge that we are not obliged to refer to anything other than your username and secure password and one-time password when verifying that the instructions are from you.

7.4 You understand that a transaction being carried out is not always simultaneous with an instruction being given. Some matters may take time to process and certain instructions may only be processed during normal business hours even although the Service may be accessible outside such hours.

8. Liability For Unauthorised Transactions

8.1 You will be liable for any unauthorised transactions if:

• the loss was due to fraud on your part;
• the loss occurred before you notified us of a breach of your Security Codes;
• there was unreasonable delay in your notifying us after becoming aware of a security breach of your username, password or E-token;
• the loss was due to disclosure of your username, password or E-token;
• you did not take reasonable care when safeguarding your username, password or E-token; or
• you selected a code which we specifically warned you against (e.g. date of birth, 1111 etc).

8.2 The Bank will be liable for any unauthorised transactions if:

• the loss occurred due to bank error or negligence;
• the loss resulted from any component of the access method being forged, faulty, expired or cancelled;
• the loss occurred prior to you receiving your username, password or E-token; or
• the losses occurred after you had already notified us that your username, password or E-token security had been breached.

9. System Failure And Linked Sites

9.1 You may experience interruptions and difficulties accessing the Website and its content from time to time. We do not represent or guarantee that the Website and the content will be free from errors, viruses or interruptions. It may be affected by outages, faults or delays. These may be caused by technical difficulties, your or a third party's software, equipment or systems, traffic, infrastructure failures or actions taken by third parties. We may also alter, interrupt or suspend or deny your access to all or part of the Website or content at any time for any reason we think fit, without any prior notice.

9.2 If our Website or any internet system experiences any breakdown or interruption, corruption of data or any other form of system failure so that you cannot use the Personal Internet Banking Service effectively then, on request from you, we will do all things reasonably practicable to reinstate the Personal Internet Banking Service as soon as possible.

9.3 The Website may contain links or references to other websites. We are not responsible for the availability or content of any linked website and any link or reference that is for your convenience and is not an endorsement by us of the other website, its contents or its owner/sponsor.

9.4 Our website forwards you to Bank of China Limited, which hosts the Internet Banking Service on behalf of Bank of China (UK) Limited. The information displayed on the Bank of China Limited site may not be applicable to customers of Bank of China (UK) Limited. If you have any questions about our Internet Banking Service or need clarification of anything displayed, then please refer to the FAQs on the Bank of China (UK) Limited website or call our Internet Banking customer service hotline on 0845 602 7083 or 020 7929 3407 during the hours of 9:00am to 5:00pm, Monday to Friday.

10.OUR Liability

10.1 We give no warranties or guarantees in relation to the rights to access and use the Website or the Personal Internet Banking Service. All terms implied by law, except those that cannot be lawfully excluded, are excluded to the full extent permitted by law.

10.2 Where it is not lawful or possible to exclude conditions, warranties or rights implied or given by statute, or other laws, our liability for any breach of such implied conditions, warranties or rights will (to the extent allowed by law) be limited to the supplying of the service again or the payment of the cost of having the service supplied again, as we decide.

10.3 We will not be liable to you in contract or in tort (including negligence) for, or in respect of, any direct, indirect or consequential loss, damage, liabilities, claims or expenses you suffer arising from or in connection with:

• the Website, its content, our computer systems, any event referred to in clause 9.1 or 9.2, if you should have been aware the systems or equipment was unavailable for use or malfunctioning, in which case our responsibilities are limited to those set out in clause 10.2 plus refunding any fees or charges imposed as a result;
• any third party website linked to or referred to on the Website or these terms and conditions.

11.Breaches and Termination

11.1 We may terminate these Terms and Conditions and end your use of the Service immediately by notice in writing to you if you are in breach of any of your obligations under these Terms and Conditions.

11.2 We may also terminate these Terms and Conditions at any time by 30 days notice in writing to you.

11.3 You may terminate these Terms and Conditions by giving us a completed Application Form indicating cancellation of the Service and we will cancel your access to the service as soon reasonably practical within 5 business days.

12.Indemnity by you

12.1 Subject to clauses 8.1 and 8.2, you indemnify us and must pay us on demand for any losses, costs and expenses that we suffer or incur as a result of us complying with an instruction from you.

12.2 The indemnity is a continuing indemnity and is not affected by anything which may otherwise affect it at law or in equity or by statute or otherwise.

13.Costs, Expenses And Fees

13.1 You must pay or, to the extent already paid by us, reimburse us on demand for all:

• costs, charges and expenses incurred by us, our agents, contractors and employees in connection with the exercise, enforcement or protection (or any attempt to exercise, enforce or protect) any of its rights under this document, including, in each case, legal costs and expenses on a solicitor and own client basis or a full indemnity basis, whichever is the higher; and
• taxes, registration and other fees, and account charges by us, in each case, including fines and penalties for late payment, arising directly or indirectly in connection with the execution, delivery or compliance with this document, any payment, receipt or supply in relation to them and any transactions contemplated by us.

13.2 We may charge you fees in respect of the Personal Internet Banking Service (i.e. in addition to any fees payable under the terms of the accounts that may be accessed with the Personal Internet Banking Service). We may change or add to these fees from time to time in our absolute discretion. At any time that fees are payable in respect of the Personal Internet Banking Service, a list of current fees will be provided on request and when an initial Application Form is submitted by you.

14.Statements And Notices

14.1 Statements

We will not issue you statements of Account in respect of the Service, but we will send you statements on a regular basis showing transactions on your bank Accounts. You must examine these statements and tell us as soon as possible if something appears to be wrong so that we can resolve the matter quickly and properly.

14.2 General notices

Subject to clause 14.3, any notice, demand, consent or other communication given or made under this document must be:

• in writing and clearly readable;
• signed by the party giving or making it (or signed on that party's behalf by its authorised officer); and
• left at the address of the recipient, or sent by prepaid ordinary post to that address or sent to the facsimile number of the recipient.

14.3 Notification of breach of your Security Codes

You may give notice to us of any breach of your username, password or E-token by telephone on 0207 929 3407 or 0845 602 7083 (lines are open from 9:00am to 5:00pm every business days). Any notification by you pursuant to this clause will take effect immediately.

14.4 Changes of details

Details may be changed as follows:

• You may change any information given in the Application Form only by completing and submitting a new Application Form, indicating a change of details.
• We may change our details for the purpose of service of notices, by giving notice of that change to you in accordance with the provisions of clause 15.1.
• If you change your address and do not properly notify us, we can give notice to you by writing to the last known address for you properly notified to us under these terms and conditions.

14.5 Receipt

Proof of posting or delivery of a letter or of dispatch of a facsimile is proof of receipt:

• in the case of a document sent by prepaid ordinary post on the third Business Day after the date of posting;
• in the case of a document left at the address: on the day and at the time at which delivery was made; and
• in the case of a facsimile: on the day and at the time at which the transmitting facsimile machine indicates that the facsimile was sent in its entirety to the facsimile number of the recipient for the purposes of this clause.

15.General

15.1 Notification of material changes

• We may change any of these Terms and Conditions at any time including introducing a fee or charge.
• We will give you 30 days notice of any such changes. Such notification may be provided via the media, by written notice to you or by posting an electronic notice on the Website.

15.2 Records

Using the Personal Internet Banking Service you will be able to access records of Funds Transfers for a period of 12 months from the date of the transfer.

15.3 Waivers, variations and consents

Any waiver or consent by us is effective only if it is in writing signed by or on behalf of us and then only to the extent expressly stated in writing and in the specific instance and for the specific purpose for which it is given.

No failure on the part of us to exercise, or delay on our part in exercising, any of our rights operates as a waiver of them.

No provision of this document or right conferred by it can be varied except in writing signed by the parties.

15.4 Invalidity

If any part of this document is for any reason unenforceable that does not affect the enforceability of the remainder.

15.5 Assigning rights

We may without your consent assign to any person our rights under this document. You must not assign any of our rights under this document without our prior written consent.

15.6 Disclosure of your information

You irrevocably consent and agree to us providing information concerning you or this document:

• to any person who is an assignee or potential assignee or a beneficiary or potential beneficiary of; or a participant in or potential participant in, our rights under this document;
• if required or permitted by law;
• if the information is publicly available; or
• if we are under a public duty to disclose the information.

15.7 Governing law and jurisdiction

This document is governed by and it is to be interpreted in accordance with the laws of England and Wales. You and we submit to the non-exclusive jurisdiction of the courts of England and Wales.