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IMPORTANT NOTICE: |
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THIS MOBILE APP AND ALL FEATURES EMBEDDED THEREIN IS PROVIDED TO YOU BY CHINA CONSTRUCTION BANK (ASIA) CORPORATION LIMITED (BANK, US OR WE, WHICH SHALL INCLUDE ITS SUCCESSORS, ASSIGNS, TRANSFEREES AND ANY OTHER PERSON DERIVING TITLE UNDER ANY OF THEM.). THE MOBILE APP WILL PROVIDE ACCESS TO THE BANK'S MOBILE BANKING SERVICES AND ANY FEATURES EMBEDDED THEREIN (INCLUDING THE BANK'S MOBILE TOKEN). USE OF ANY AND ALL FEATURES AND SERVICES WITHIN THE MOBILE APP IS MEANT FOR THE BANK'S CUSTOMERS ONLY. |
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THIS LICENCE AGREEMENT (AGREEMENT) SETS OUT THE TERMS AND CONDITIONS IN RELATION TO THE DOWNLOAD, ACCESS AND USE OF THIS MOBILE APP, WHICH SHALL INCLUDE IN PARTICULAR, THE LIMITATIONS OF LIABILITY IN CONDITION 7 AND THE PERSONAL INFORMATION COLLECTION AND PRIVACY POLICY STATEMENT. BY DOWNLOADING THE MOBILE APP FROM THE APP STORE AND CLICKING ON THE "I ACCEPT" BUTTON BELOW YOU AGREE TO THE TERMS OF THIS AGREEMENT AND THE TERMS AND CONDITIONS FOR ONLINE BANKING SERVICES (ONLINE BANKING T&Cs) WHICH SHALL FORM THE ENTIRE AGREEMENT BETWEEN YOU AND THE BANK IN RELATION TO YOUR DOWNLOAD, ACCESS AND USE OF THE MOBILE APP AND ALL ITS FEATURES, FUNCTIONALITIES AND SERVICES THEREIN, AND WHICH SHALL BE BINDING UPON YOU.
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IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND THE ONLINE BANKING T&CS, YOU WILL NOT BE ABLE TO USE THE MOBILE APP AND THE FEATURES (INCLUDING THE MOBILE TOKEN), INFORMATION AND SERVICES PROVIDED IN IT. |
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IF YOU HAVE DOWNLOADED THIS MOBILE APP THROUGH MEANS OTHER THAN VIA THE APP STORE, PLEASE REMOVE IT FROM YOUR DEVICE AND DOWNLOAD VIA THE APP STORE. |
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| This Agreement is a legal agreement between you and the Bank for the download, use and access of the CCB (HK&MO) mobile app mobile application software (Mobile App) and the features (including the Mobile Token), information and services provided via the Mobile App (Services). |
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We license the use of the Mobile App and provide the Services to you on the basis of this Agreement and subject to any rules or policies applied by Google Play Store (known as App Store, and its rules and policies shall collectively be known as App Store Rules). These App Store Rules are available at https://play.google.com/store and may be amended by the App Store from time to time. In the event that there is any inconsistency between the Online Banking T&Cs, this Agreement and the App Store Rules, preference should be given in the following order, subject always to the mandatory provisions of applicable laws:
1. the Online Banking T&Cs
2. this Agreement; and
3. the App Store Rules.
Unless otherwise defined in this Agreement, terms defined in the Online Banking T&Cs shall have the same meaning when used in this Agreement.
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| You can always access a copy of this Agreement via the "Settings" in the Mobile App. |
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| 1. |
USE AND UPDATES
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| 1.1 |
The terms of this Agreement apply to the Mobile App, its inbuilt features (including the Mobile Token) and the Services, including any updates or supplements to the Mobile App, its inbuilt features (including the Mobile Token) or the Services, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the Mobile App, its inbuilt features (including the Mobile Token) or the Services, the terms of an open-source licence may override some of the terms of this Agreement. We may change the terms of this Agreement at any time by notifying you of a change when you next start the Mobile App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Mobile App, its inbuilt features (including the Mobile Token) and the Services.
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| 1.2 |
From time to time updates to the Mobile App and its inbuilt features (including the Mobile Token) may be issued through the App Store. Depending on the update, you may not be able to use the Mobile App, its inbuilt features (including the Mobile Token) and/or the Services until you have downloaded the latest version of the Mobile App and accepted any new terms.
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| 1.3 |
You will be assumed to have obtained permission from the owners of the devices (e.g. mobile telephone or other handheld devices) that are controlled, but not owned, by you and to download a copy of the Mobile App onto the devices. You accept responsibility in accordance with the terms of this Agreement for the use of the Mobile App, its inbuilt features (including the Mobile Token) or the Services on or in relation to any device, whether or not it is owned by you.
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| 1.4 |
The inbuilt features of the Mobile App (including the Mobile Token) and all Services (except information provided by our licensors or by third party service providers, such as market information and property valuation) are issued and solely owned by us. Any of the inbuilt features of the Mobile App (including the Mobile Token) and Services may be withdrawn or amended by the Bank at any time without advance notice. We may at our absolute discretion decide whether you are eligible to use any of the inbuilt features of the Mobile App (including the Mobile Token) and Services and suspend your use of the Mobile App or any part of it, or suspend your access to the Services without prior notice. Our decision is final. The Bank will not be responsible for any loss or damage suffered by you arising from such decisions.
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| 1.5 |
You acknowledge that the Mobile App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Mobile App meet your requirements.
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| 1.6 |
The Bank does not charge any fee for the download and use of the Mobile App. However, you will be responsible for the charges associated with using the data service on your device. Please check with your mobile network operator for details of the usage fees.
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| 2. |
DATA COLLECTION
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| 2.1 |
Certain inbuilt functions and Services in the Mobile App, including account opening appointment function and enquiry forms for bank services, will collect your personal data and obtain your consent (if required by law) for various purposes, including but not limited to facilitating the bank account opening process and sending you promotional information about our products and services. The collection, use, transfer, processing, retention and maintenance of your personal data by us, and/or our affiliates and licensees, is subject to our Personal Information Collection and Privacy Policy Statement and Notice to Customers relating to the Personal Data (Privacy) Ordinance (“PDPO Notice”) . Please carefully read the terms of our Privacy Policy and PDPO Notice before providing your personal data to us via the Mobile App. The Privacy Policy and PDPO Notice will be made available to you by us at the time of data collection.
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| 2.2 |
By using the Mobile App, its inbuilt features (including the Mobile Token) and/or any of the Services, you consent to us collecting and using the location of your device and technical information such as IP address, advertising ID , unique device identifier, and device type, information about the operating system and application software used on your computer and/or device and other non-personal information, related software, hardware and peripherals for services in the Mobile App that are internet-based or wireless to improve our products and to provide any services to you.
The Mobile App will track and record the pages customers visit. The aggregate information, including user demographics and behavior and usage patterns, will be used by the Bank for more accurate reporting and to improve the effectiveness of our marketing. No customer personal data and no personally identifiable information will be stored in the Mobile App. The Bank will take all practical steps to ensure that the information collected will not be kept longer than necessary and that the Bank will comply with all statutory and regulatory requirements concerning the retention of information collected.
For technical reasons, it may be not possible for customers to opt out of the online behavioral tracking in the Mobile App. You should stop using the Mobile App if you do not agree to have your usage data collected and used by the Bank.
The Bank will not transfer customers’ usage behavioral information collected from the Mobile App to any third party. The Bank will not work with any third party to record customers’ personal data.
The Bank will not combine the collected usage data with other information to track or profile customers.
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| 2.3 |
The Mobile App will collect data and information regarding your location, or the location of your device, by using GPS coordinates sent from your device. The GPS coordinates are collectively referred to as “location data”. Your use of the map function is subject to and requires your agreement to Google Map’s Terms of Use (https://www.google.com/intl/en-US/help/terms_maps.html). You can turn off this functionality at any time by turning off the location services settings for the Mobile App on your device. We will ask for your consent before we, our affiliates and licensees transmit, collect, retain, maintain, process and use your location data and queries to provide and improve location-based and road traffic-based products and services. You may withdraw this consent at any time by turning off the location services settings on your device.
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| 2.4 |
The purpose for which the data, including the location of your device and technical information such as IP address, advertising ID , unique device identifier, and device type, information about the operating system and application software used on your computer and/or device and other non-personal information, related software, hardware and peripherals for services in the Mobile App, are collected and used is for analytical and marketing purposes to enhance customer experience and improve marketing effectiveness. By configuring your preferences or options in your device, you may determine to Opt out of Ads Personalization and Turn off location services. Those pieces of data information are useful because they enable us to provide more useful features to you, to tailor the content of our Mobile App to suit your interests and, where permitted by your marketing preferences, provide you with promotional materials or direct marketing based on your usage patterns. If you allow those data collection, you will be acknowledging that your information is being collected, stored, accessed and used as outlined above. Should you wish to decline those data collection, you may do so by changing the setting on your device. However, you may not be able to use certain function(s) of our Mobile App.
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| 2.5 |
The Bank may also work with third party research agencies (such as Appier Inc.) to research certain usage and activities on parts of our Mobile App on our behalf. Appier Inc. use technologies such as advertising ID to conduct research. The information collected through technologies such as advertising ID are used to find out more about users of our Mobile APP, including user behavior, usage patterns or other similar information for marketing research to improve the effectiveness of our marketing. Information recorded through the use of these devices are aggregated and then shared with us. No personally identifiable information about you is collected or shared by Appier Inc. with the Bank as a result of this research. Should you wish to disable the advertising ID associated with these technologies, you may do so by changing the setting on your device.
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| 2.6 |
The Mobile App will send you push notifications regarding general market information, promotional offers or other communications from the Bank through your device. You can turn off this functionality at any time by turning off the push notifications services on your device. We will ask for your consent before we send you push notifications. You may withdraw this consent at any time by turning off the push notification services on your device.
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| 2.7 |
Certain Services in the Mobile App will access the social media accounts (e.g. Facebook, Tencent Weibo and Sina Weibo) stored on your device when you use the social media sharing function provided in the Mobile App. This functionality will remain disabled if you refrain from clicking on the "sharing" function for any or all of the selected social media accounts on your device, or in your social media accounts directly. As different devices and social media platforms may offer different ways to disable the sharing function, please check the settings of your device and your individual social media accounts carefully.
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| 3. |
GRANT AND SCOPE OF LICENCE
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| 3.1 |
We grant you a non-transferable, non-exclusive licence to use the Mobile App, its inbuilt features (including the Mobile Token) and/or any of the Services on your device, subject to the terms of this Agreement, the Privacy Policy and the App Store Rules, the Online Banking T&Cs, as well as other terms and conditions which have been incorporated into this Agreement by reference. We reserve all other rights.
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| 3.2 |
You may download a copy of the Mobile App onto your device and view, use and display the Mobile App and the Services on the device for your personal purposes only.
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| 3.3 |
We only supply the Mobile App, its inbuilt features (including the Mobile Token) and the Services for domestic and private use. You agree not to use the Mobile App, its inbuilt features (including the Mobile Token) and the Services for any commercial, business or resale purposes.
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| 4. |
RESTRICTIONS
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Except as expressly set out in this Agreement or as permitted by any local law, you agree:
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| (a) |
not to use the Mobile App, its inbuilt features (including the Mobile Token) and the Services in any way that breaches any applicable local, national or international law or regulation, including all technology control or export laws and regulations that apply to the technology used or supported by the Mobile App or any Services (Technology);
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| (b) |
not to copy the Mobile App, its inbuilt features (including the Mobile Token) or the Services for any purposes;
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| (c) |
not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Mobile App, its inbuilt features (including the Mobile Token) or the Services;
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| (d) |
not to make alterations to, or modifications of, the whole or any part of the Mobile App and its inbuilt features (including the Mobile Token), or permit the Mobile App, its inbuilt features (including the Mobile Token), or any part of it to be combined with, or become incorporated in, any other programs;
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| (e) |
not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Mobile App and its inbuilt features (including the Mobile Token);
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| (f) |
not to sell, vary, display, modify, reproduce, stored in a retrieval system, transmit, copy or distribute (in any form or by any means), or use as materials for creative work or otherwise use in other commercial or public purposes without the prior written consent from us or our licensors;
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| (g) |
not to provide or otherwise make available the Mobile App and its inbuilt features (including the Mobile Token) in whole or in part (including object and source code), in any form to any person without prior written consent from us;
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| (h) |
not to use the Mobile App, its inbuilt features (including the Mobile Token) or the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example, by hacking into the Mobile App or any operating system;
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| (i) |
not infringe our intellectual property rights or those of any third party in relation to your use of the Mobile App, its inbuilt features (including the Mobile Token) or any Services (to the extent that such use is not licensed by this Agreement);
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| (j) |
not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Mobile App, its inbuilt features (including the Mobile Token) or any Services;
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| (k) |
not to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of the Mobile App, its inbuilt features (including the Mobile Token), any Services or any operating system;
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| (l) |
not to use the Mobile App, its inbuilt features (including the Mobile Token) or any Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
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| (m) |
not to collect or harvest any information or data from the Mobile App, its inbuilt features (including the Mobile Token) or our systems or attempt to decipher any transmissions to or from the servers running the Mobile App;
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| (n) |
not to access without authority, interfere with, manipulate, damage or disrupt:
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| (i) |
any part of the Mobile App;
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| (ii) |
any device or network on which the Mobile App is stored;
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| (iii) |
any software used in the provision of the Mobile App; or
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| (iv) |
any device or network or software owned or used by any third party.
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| 5. |
INTELLECTUAL PROPERTY RIGHTS AND INFORMATION OWNERSHIP
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| 5.1 |
You acknowledge that all intellectual property rights (including but not limited to trade marks, logos and service marks) in the Mobile App, its inbuilt features (including the Mobile Token), the Services and the Technology anywhere in the world belong to us or our licensors, that rights in the Mobile App are licensed (not sold) to you, and that you have no rights in, or to, the Mobile App, its inbuilt features (including the Mobile Token), the Services or the Technology other than the right to use each of them in accordance with the terms of this Agreement.
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| 5.2 |
You acknowledge that you have no right to have access to the Mobile App in source-code form.
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| 5.3 |
You acknowledge that all information submitted to the Bank via the Mobile App and all electronic records and documents in connection with any communication between the Bank and you via the Mobile App shall be deemed and remain the property of the Bank.
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| 6. |
LIMITATION ON USE OF MOBILE TOKEN AND SERVICES
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| 6.1 |
The Mobile Token and Services are only available in the jurisdictions in which such Services can be legally provided by the Bank. Use of and access to the Mobile Token and/or the Services are not intended for persons in or residents of jurisdictions in which the Bank is unable to provide the Mobile Token and such Services to such persons or residents.
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| 6.2 |
Unless permitted by the relevant laws and regulations of the jurisdiction in which you reside, the Mobile App, its inbuilt features (including the Mobile Token) and the Services shall not be deemed to constitute an offer to any person for the purchase or sale of any securities or financial instrument, or to make any other investment or deposit.
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| 6.3 |
None of the Services shall be deemed to constitute professional advice that can be relied upon. Where necessary, persons viewing the Mobile App should seek independent professional advice.
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| 6.4 |
The Mobile App provides a broad range of information relating to rates, indexes and stock prices. You acknowledge that such information has not been investigated, verified, monitored or endorsed by the Bank. We do not warrant the accuracy, reliability, timeliness, completeness or correct sequencing of the information nor bear any legal liability for loss arising from any inaccuracy, omissions or incompleteness of the information, regardless of whether the information is provided by us or a third party. You acknowledge that some of the Services are provided by our licensors and/or third party information providers. Your use of such Services will require your agreement to certain additional terms and conditions provided by the applicable licensors and/or third party information providers. These additional terms and conditions will be made available to you by us from time to time.
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| 7. |
DISCLAIMER AND LIMITATION OF LIABILITY
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| 7.1 |
You acknowledge that the Mobile App, its inbuilt features (including the Mobile Token) and Services may not be available for use at all times, and are also subject to (and may suffer failure or delay in processing and/or transmitting information as a result of) interruption, failure of hardware or software, errors, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the internet, market volume or volatility, system failure or upgrades or maintenance or for other reasons. The Bank will not be responsible for any consequences arising from any inaccuracy and untimely transmission of information and transactions due to any telecommunication failures occurred beyond its control.
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| 7.2 |
The Mobile App and its inbuilt features (including the Mobile Token) may only be used on compatible devices as specified by the Bank from time to time. The Bank shall not guarantee that any particular device or model is compatible with the Mobile App or its inbuilt features (including the Mobile Token). You acknowledge that you are responsible to ensure your device meets the minimum requirements. Failure to do so may result in the Mobile App malfunctioning or your inability to use the Mobile App and any of its inbuilt features (including the Mobile Token).
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| 7.3 |
The Mobile App and its inbuilt features (including the Mobile Token) will not run on any devices which are compromised (e.g. "jailbroken"). The Bank shall not be responsible for any problems or loss suffered by you if you attempt to use the Mobile App and its inbuilt features (including the Mobile Token) on such devices.
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| 7.4 |
Your use of the Mobile App, its inbuilt features (including the Mobile Token) and the Services is wholly at your own risk. The Mobile App, its inbuilt features (including the Mobile Token) and the Services are provided on an "as is" basis. To the extent permitted by law, the Bank disclaims all conditions, warranties (including, but not limited to, any warranties of merchantability, fitness for a particular purposes, accuracy and non-infringement of third party rights), representations or other terms which may apply to the Mobile App, its inbuilt features (including the Mobile Token) and the Services, whether express or implied.
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| 7.5 |
The Bank is not responsible for any information provided by the third party information providers in the Mobile App and does not accept any liability for the provision of any unlawful, threatening, abusive, defamatory, obscene or indecent information or any type of material which violates or infringes third party rights by such third parties.
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| 7.6 |
We do not represent or warrant that viruses or other destructive properties will not be transmitted, or that your device will not be damaged, during your use of the Mobile App. You are solely responsible for ensuring adequate protection and back-up of data and/or device, for taking reasonable and appropriate precautions to scan for computer viruses or other destructive properties, and for preventing (and guaranteeing and ensuring the prevention of) the transmission of any computer virus to your device.
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| 7.7 |
We make no representations or warranties as to the accuracy, functionality or performance of any third party software used in connection with the Mobile App and its inbuilt features (including the Mobile Token), or the compatibility of any particular device with the Mobile App its inbuilt features (including the Mobile Token). You are solely responsible for ensuring your devices meet the specified system requirements.
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| 7.8 |
To the extent permitted by law, the Bank will not be liable for any error, omission, interception, corruption, deletion, loss or inaccuracy in the Services or for any person’s use of, reliance on or inability to use such Services, or for any loss or damage (including loss or leakage of data) arising in connection with the Mobile App and its inbuilt features (including the Mobile Token), any interruption or hindrance of or delay in the operation of the Mobile App and its inbuilt features (including the Mobile Token), any incomplete transmission, any circuit or system failure or any computer virus.
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| 8. |
INDEMNITY
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You shall hold harmless and indemnify the Bank, its officers, employees, agents and any other persons appointed by the Bank against any claims, suits, actions, proceedings, losses, damages, obligations and/or liabilities which any of them may incur or suffer, and all costs and/or expenses of reasonable amount and reasonably incurred by any of them as a result of or in connection with (i) your failure to comply with this Agreement; or (ii) your fraud or gross negligence in your usage of the Mobile App, its inbuilt features (including the Mobile Token) and the Services or other mobile banking services provided by the Bank.
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| 9. |
SECURITY
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| 9.1 |
You understand that some information (such as the list of favourite properties in Property Valuation section, settings for the Mobile App, etc) shall be stored on your device and the Bank shall have no liability if the stored data is exposed when your device is used by another person (whether with or without your authorization). To protect your privacy and assets, you agree to take steps to keep your device, login information, passwords, and bank or account related information confidential and secure and to prevent unauthorised use of your device, including but not limited to:
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| (a) |
not to disclose to, share with, allow access to or use by anyone your username, passwords or security code. Please note the Bank may ask you for your username for verification or account re-setting purposes;
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| (b) |
not to disclose or share your device password to any person or allow anyone else to use your login information and passwords, including any joint account holder, under any circumstances; in particular, do not communicate it via electronic mail;
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| (c) |
not to set passwords that are easy to guess (e.g. not to include information such as birthday, telephone number or recognizable part of your name in setting password) or use the same password to access any other services (for example, to connect to the internet or to access other websites);
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| (d) |
not to use the login information and passwords for accessing other services;
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| (e) |
not to write down or record the login information or passwords without disguising it;
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| (f) |
check your surroundings before using the Mobile App and any of its inbuilt features (including the Mobile Token), and make sure that no one sees your device and account passwords. For security purposes, change your device and account password regularly;
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| (g) |
destroy the original printed copy of any password after you have memorized or changed the password;
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| (h) |
never to write down the login information and passwords on any device for accessing the Service or on anything usually kept with or near it;
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| (i) |
change your password(s) immediately if you suspect that you have been deceived by a fraudulent website, email, or SMS/WAP push message (for example, if you fail to log in to the Mobile App after inputting your password correctly, with or without any alert messages);
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| (j) |
not to use public or shared mobile devices or public Wi-Fi to access the Service;
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| (k) |
refer to the security advice provided by us from time to time.
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| 9.2 |
The Bank endeavours to ensure the security of your data transmitted via the Mobile App by the use of encryption technology. Additionally, by using the Mobile App, its inbuilt features (including the Mobile Token) or any of the Services, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the Mobile App, its inbuilt features (including the Mobile Token) or any of the Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
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| 9.3 |
You shall be solely responsible for adopting the appropriate safeguards (including the above measures) and shall be liable for any loss that results from any unauthorized use or disclosure.
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| 10. |
THIRD PARTY SITES
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The Mobile App may be linked to other websites through hyperlinks. Your use of such websites is wholly at your own risk. You understand that the content, accuracy or opinions provided by such websites or the links to other websites have not been examined, verified, supervised or recognized by the Bank and that the Bank does not give any assurance or guarantee and makes no warranty or representation as to the suitability, correctness, reliability or completeness of the information and services provided by these websites. The Bank will not bear liability for any loss and damage arising from the use, presence of, suspension, disruption and/or other non-availability of these websites. Your interaction with these websites, including the provision of any information thereto or any transaction therewith, will be wholly at your own risk and your sole responsibility. You will also be deemed to have waived absolutely your recourse to the Bank for any loss or damage suffered as a result of browsing or accessing other website through the Mobile App. In case you access these websites, please review the terms and conditions of these third party sites.
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| 11. |
TERMINATION
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We may at any time without prior notice and at our discretion terminate the provision of the Mobile App to you, and shall have no liability whatsoever to you for doing so. We shall give you prompt notice of any such termination of the provision of the Mobile App.
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| 12. |
GENERAL
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| 12.1 |
We may assign and/or transfer our rights and obligations under this Agreement to another organisation, but this will not affect your rights or our obligations under this Agreement.
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| 12.2 |
Without the Bank's consent, you may not assign, transfer or otherwise dispose of your rights or obligations under this Agreement to another person.
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| 12.3 |
This Agreement and any document expressly referred to in it constitute the entire agreement between us relating to your use of the Mobile App, its inbuilt features (including the Mobile Token) and the Services. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement or any document expressly referred to in it.
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| 12.4 |
If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
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| 12.5 |
Each of the conditions of this Agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
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| 12.6 |
| (a) |
No person other than the Bank and the Customer will have any right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623 of the Laws of Hong Kong) (Third Parties Ordinance) to enforce or enjoy the benefit of any of the provisions of this Agreement.
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| (b) |
Any director, officer, employee, affiliate or agent of the Bank may, subject to this Clause 12.6 and the Third Parties Ordinance, rely on any Clause of this Agreement which expressly confers rights on that person.
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| (c) |
Notwithstanding any term of this Agreement, the consent of any person other than the Bank and the Customer is not required to rescind or vary this Agreement at any time.
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| 12.7 |
This Agreement shall be governed by and construed in accordance with Hong Kong law. Disputes arising in connection with the Agreement shall be subject to the non-exclusive jurisdiction of the Hong Kong courts.
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| 12.8 |
In the event of any conflict or discrepancy between the English version and Chinese |
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