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Terms & Conditions

BEA 100 Website Terms and Conditions

These terms and conditions set out the rights and obligations of you and The Bank of East Asia, Limited (the “Bank”) in connection with your use of the Service. All the terms and conditions of this agreement are legally binding. By accessing this Website, you are agreeing to be bound by these terms and conditions.

Jurisdiction and Restrictions

The Bank controls and maintains this Website from Hong Kong. The Bank makes no representation that the material and information contained herein is appropriate or available for use in other locations/jurisdictions. These terms and conditions are governed by Hong Kong Law and any dispute shall be subject to the non-exclusive jurisdiction of the Hong Kong Courts.

The distribution of this Website’s material may be restricted by law in certain jurisdictions. It is your responsibility to find out what those restrictions are and observe them.

Products and Services

This Website does not constitute an offer or solicitation on the part of the Bank to provide products or services described therein to any person to whom it is unlawful to make such offer or solicitation or where the local law or regulation does not permit the purchase or subscription of such products or the use of such services. If in doubt, you should check with your local regulator or authority before purchasing or subscribing any such products or using any such services.

By proceeding to read this information you are agreeing that you do not reside in, or are not proposing to purchase or subscribe for any products or using any services from, any jurisdiction outside Hong Kong.

Products and services are available only at the discretion of the Bank, subject to the individual terms and conditions on which they are offered and such products and services may be withdrawn or amended at any time without notice. The full range of products or services may not be available in all locations. Fees, commissions or other charges may apply to certain services – the office providing the services can provide details.

Transactions with any office of the Bank outside Hong Kong, or with any other Bank Group company outside Hong Kong, are not protected by Hong Kong’s regulatory regime.

Investment Products

Investment involves risk. The price of investment products can and does fluctuate, and any individual investment product may experience upward or downward movements, and may even become valueless. There is an inherent risk that losses may be incurred rather than profit made as a result of buying and selling investment products.

The risk of loss in margin trading can be substantial. In some circumstances, you may sustain losses in excess of your initial margin funds. Placing contingent orders, such as “stop-loss” or “stop-limit” orders, will not necessarily achieve the desired results. Market conditions may make it impossible to execute such orders. You are required to deposit additional margin funds without any demand or notice from the Bank if the market value of the margin funds is at or below the margin call level. If the required funds are not provided within the prescribed time, your position may be liquidated. You will remain liable for any resulting deficit in your account. You should therefore study and understand the investment products before your trading and carefully consider whether such trading is suitable in the light of your own financial position and investment objectives.

Use of Information and Materials

This Website does not constitute an offer or solicitation on the part of the Bank to sell investments or make deposits in any country to any person to whom it is unlawful to make such an invitation or solicitation in such country.

Any information provided on this Website does not constitute and should not be considered as investment, financial or professional advice. You should obtain investment, financial and professional advice as appropriate.

Linked Websites

The Bank or any other BEA Group company is not responsible for the contents available on or the set-up of any other websites linked to this Website (each an “External Website”). Your access to and use of an External Website is at your own risk and subject to any terms and conditions applicable to such access and use. By providing hyperlinks to an External Website, we shall not be deemed to (i) endorse, recommend, approve, guarantee or introduce any third party or the services or products it provides on the External Website, or (ii) have any form of cooperation with such third party and the External Website. We are not a party to any contractual arrangement entered into between you and the provider of any External Website unless we expressly specify or agree.

Transmission Over the Internet

Transactions conducted over the internet may be subject to any interruption, blackout, delay during the transmission, and may cause incorrect data transmitted. The Bank is not liable for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of the messages and transactions you send.

Downloading

The Bank does not represent or warrant that this Website will be available and meet your requirements, that access will not be interrupted, that there will be no delays, failures, errors or omissions or loss of transmission of information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have sole responsibility for adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties. The Bank will not make representations or warranties regarding the accuracy, functionality or performance of any third party software that may be used in connection with this Website.

Disclaimer

Legal restrictions may apply to the distribution of information regarding certain of the products and services in some jurisdictions, and these webpages are not intended for the use of persons located in those jurisdictions to which restrictions apply. It is the responsibility of those accessing these webpages to ensure that they are aware of all relevant restrictions which apply to them.

For the full statement of disclaimer, please click here.

Personal Information Privacy

Unless restricted by applicable law, you agree that any and all personal information/data relating to you collected by the Bank from this Website from time to time may be used and disclosed for such purposes and to such persons as may be in accordance with current Data Protection and Privacy Policy of the Bank.

A copy of current Data Protection and Privacy Policy of the Bank may be accessed by clicking here.

Indemnity

You hereby agree to indemnify and to keep the Bank fully and effectively indemnified against any action, liability, cost, claim, loss, damage, proceeding or expense (including legal fees, costs and expenses on a full indemnity basis) suffered or incurred by the Bank arising from or which is directly or indirectly related to:

(a) your access to and/or use of the Bank’s Website, including any other person or entity who was able to access the service or Website by using your user ID and password; or

(b) any breach or non-observance of any of these terms and conditions by you or by any other person or entity where such person or entity was able to access and/or use the Bank’s service or Website by using your user ID and login password.

Termination

The Bank has the right to terminate your access to this Website at any time, with or without cause or notice.

Change of Information and Amendment of Terms and Conditions

The Bank reserves the right in its sole and absolute discretion to change without prior warning or notice of any information or material contained on this Website, as well as the terms and conditions under which this Website is used.

Intellectual Property Rights

Copyright

All contents of this Website including, but not limited to the text, graphics, links and sounds are the copyright of the Bank and may not be copied, downloaded, distributed or published in any way without the prior written consent of the Bank.

Trademarks and service marks

“Bank of East Asia” is registered trade mark and service mark of the Bank and no permission or license is granted to use any such trade mark or service mark without the prior written consent of the Bank. All other marks names and logos used in this Website (unless otherwise stated) are the intellectual property right held by companies within the Bank Group or its affiliates.

Licenses

In relation to any information or materials which you submit to the Bank using this Website, you hereby grant to the Bank a worldwide royalty-free perpetual license of the copyright and intellectual property rights in such information or materials for any purpose as the Bank may deem fit including, without limitation, the copying, transmission, distribution and publication thereof, unless restricted by applicable law.

Confidentiality

You agree that the Bank shall not be under any obligation of confidentiality to you regarding any such information or materials submitted to the Bank using this Website unless agreed otherwise in a separate direct contract between you and the Bank or required by law.

You agree and acknowledge that the contents of the foregoing provisions shall not be limited to any specific provisions set out in the individual terms and conditions of particular products and services offered on or through this Website.

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