e-Banking Terms and Conditions

1. Application

1.1 These Terms and Conditions shall automatically apply to BNP Paribas' Internet Services from time to time provided by BNP Paribas, acting through its Hong Kong Branch or BNP Paribas, acting through its Singapore Branch. They are to be read and construed in conjunction with the Application Form, Terms of Use, all legal notices, disclaimer and other terms of use appearing on the relevant Internet Services platform of BNP Paribas and all supplemental forms and documents applicable to the Internet Services. These Terms and Conditions together with such Application Form, Terms of Use, all legal notices, disclaimers and other terms of use appearing on the relevant Internet Services website and all supplemental forms and documents are collectively referred to as "these Conditions" (which expression shall include these Conditions as amended, supplemented or otherwise modified from time to time).

1.2 These Conditions are in addition to, and not a substitute for, any other terms and conditions or agreement under which the Bank may make banking services and facilities available to the Client, including, without limitation, the Bank’s terms and conditions for accounts and facility letters. In particular, but without limitation, the provision of the Internet Services by the Bank shall not place the Bank under any obligation to provide credit or other banking facilities to the Client or to any other person.

1.3 In consideration of the Bank making the Internet Services available to the Client, the Client agrees that these Conditions will apply to it and agrees to comply with these Conditions.

2. Definitions & Interpretations

2.1 ) In these Conditions, unless the context otherwise requires, the following terms shall bear the following meanings:

"Account" or "Account(s)" means any account (of any type and currency whatsoever) held by the Client with the Bank as specified in the Application Form, which may be accessed via the Internet Services as provided in these Conditions.  

"Application Form" means the application and authorisation form signed by the Client for the purpose of applying for and subscribing to the Internet Services, and shall include all supplemental application forms thereto.

"Authorised User" or "Authorised User(s)" means subject to acceptance by the Bank, a person authorised by the Client in the Application Form or such other document acceptable to the Bank, to access and use the Internet Services in relation to the Account(s).

"Bank" means:

• (i) (where the Account is held with BNP Paribas, acting through its Hong Kong Branch), BNP Paribas, acting through its Hong Kong Branch and, where the context so permits, includes any other branches of BNP Paribas and its successors and assigns.
• (ii) (where the Account is held with BNP Paribas, acting through its Singapore Branch), BNP Paribas, acting through its Singapore Branch and, where the context so permits, includes any other branches of BNP Paribas and its successors and assigns.

"Client" means each customer of the Bank subscribing to the Internet Services.

"Internet Services" means the website electronic or internet banking services offered by the Bank for the purpose of allowing the Client to have access to one or more of the possible online services and profiles from time to time made available by the Bank to the Client and subscribed by the Client in the Application Form.

"Terms of Use" means all and any current terms of use, user guides, disclaimers and presentations provided by the Bank (whether made available on-line at the Internet Services website, on CD Rom, in printed form or any other medium selected by the Bank) in relation to the Internet Services, including any updates and changes and all related supplements thereto.

2.2 ) In these Conditions, unless the context otherwise requires, clause headings are for convenience of reference only and shall not affect the construction of these Conditions; words importing the plural shall include the singular and vice versa; references to a person shall be construed as references to an individual, firm, company, corporation, unincorporated body of persons of any State or any agency thereof.

3. Terms of Access and Use of the Internet Services

3.1 ) The terms of access to and use of the Internet Services are more particularly set out in the Terms of Use. The Terms of Use sets out how the Internet Services may be utilised and accessed by the Client and the Client agrees only to use and access the Internet Services strictly in accordance with the Terms of Use. The Client shall be deemed to have notice of all updates and amendments made to the Terms of Use posted on the Internet Services website from the date of such posting. 

The Internet Services is for the sole use of the Client and its Authorised User(s). The Client shall not permit or allow any third party who is not an Authorised User to access or make use of the Internet Services. The Client acknowledges that control of the Authorised User(s) to access or use the Internet Services, is entirely the responsibility of the Client.   

3.2 ) The Bank reserves the right to determine whether the Internet Services or any part thereof may be utilized at any time by the Client or its Authorised User(s). The Bank also reserves the right to withdraw, suspend or discontinue the Client’s or any of its Authorised User(s)’ use of the Internet Services or any part thereof at any time without prior notice to the Client or such Authorised User(s) and without any liability on the part of the Bank in respect thereof. In particular but without prejudice to the generality of the foregoing, the Bank fully reserves the right to refuse the Client or any Authorised User(s) access to the Internet Services or any part thereof for security reasons. The Bank further reserves the right to temporarily prevent access to the Internet Services or any part thereof in order to carry out maintenance work, to update the system that provides the Internet Services or for system recovery.

3.3 ) The Internet Services are offered and accessible only in jurisdictions where and when they may be lawfully offered and accessed. The Client and its Authorised User(s) accessing the Internet Services must be aware of and fully observe any laws, regulations and restrictions applicable to such Client or Authorised User(s) or to such access in any relevant jurisdiction. The Client shall not use, and shall procure that its Authorised User(s) shall not use, nor knowingly allow or authorise or cause any person to access or use the Internet Services for any illegal purpose or activity or in contravention of any applicable law, regulation or directive. The Client undertakes to indemnify the Bank for all losses costs and damages the Bank may incur as a result of any inappropriate use or illegal use of the Internet Services.

4. Equipment & Infrastructure / Security

4.1 ) The Client is solely responsible for installing and maintaining the appropriate resources, both software and hardware (including a computer, a modem or router, connection to a telecommunications network, internet access through the intermediary of an internet service provider (ISP)), required for and to support to its or its Authorised User(s)’ connection to the Internet Services (collectively, the "Client’s System"). The Client shall be fully and solely responsible for ensuring the security of the Client’s System, ensuring that the same is compatible for use with the Internet Services, ensuring that no unauthorised software is used and the Client’s System is not overloaded and is free from virus or defects which may affect the Internet Services or the Bank’s systems generally. The Bank will not be responsible for remedying any deficiency or defect of any kind in the Client’s System or providing any maintenance in relation to the same. The Client shall fully indemnify the Bank from and against all losses, claims, demands, actions, proceedings, reasonable cost and expenses (including but not limited to legal fees on a full indemnity basis) and other liabilities whatsoever which the Bank may sustain or incur directly or indirectly arising from any breakdown, malfunction or delay in or other adverse events affecting the Internet Services caused directly or indirectly by the Client’s System.

4.2 ) The Client and its Authorised User(s) shall be solely responsible for the cost of internet and telephone communications, hardware, security software, costs relating to the installation, use, maintenance or operation of any other equipment and all other costs and expenses relating to their use of the Internet Services.

4.3 ) Access to the Internet Services is granted by the Bank to the Authorised User(s) through a personal and confidential identification system (hereinafter referred to as the "Internet Banking Connection Kit"). Each Authorised User will receive from the Bank an Internet Banking Connection Kit consisting of the following: 

• A User ID code (hereinafter referred to as the "User ID");
• A PIN code (hereinafter referred to as the "PIN"); and
• An Internet Banking Token (electronic device required to access the Internet Banking Services) (the "Internet Banking Token").

In order to access the Internet Services, an Authorised User will be requested to input his/her/its User ID, PIN and number shown on the Internet Banking Token in the electronic data processing system.

The Bank has the right at any time and without giving any reason to refuse to provide information and communications and to require that the Authorised User(s) identifies himself/herself/itself by any other or alternative means.

4.4 ) The Bank shall send the Client the User ID, PIN and Internet Banking Token in the manner set out in the Application Form. User ID, PIN and Internet Banking Token must be used in accordance with these Conditions and the Terms of Use. The Client shall be solely responsible for the compliance by all Authorised Users with these Conditions and the Terms of Use.  

4.5 ) Once the system has authorised access on the basis of a positive authentication further to the use of the aforementioned  Internet Banking Connection Kit, the Bank is entitled to consider the person accessing the system as the Client or his/her/its authorised representative and thus as authorised to use the Internet Services and the Bank may therefore, within the profile(s) selected and authorised for use by the Bank, allow the use of the Internet Services on the account(s) designated in the Application Form. The Client acknowledges that the Bank is not in a position to carry out further identification checks, and accepts without reservation all actions carried out through the Internet Services with an Authorised User’s Internet Banking Connection Kit. The Client agrees and accepts that the Bank will not be in a position to examine the plausibility and origin of any instruction given through the Internet Services system.

4.6 ) The terms and conditions for access to and use of the Internet Services may be changed at any time in accordance with the procedure set out in Clause 16. In particular, the Bank thus reserves the right to change or supplement the Internet Banking Connection Kit, the data used for connection purposes or the security system without any prior notice to the Client. 

4.7 ) All means of identification provided by the Bank to the Client and/or the Authorised User(s) shall remain the sole and exclusive property of the Bank.

5. Duty of Care of Client and Authorised User(s)

5.1 ) The Authorised User(s) must change the initial PIN sent to him/her by the Bank immediately upon receipt.  The Bank strongly recommends that PIN be changed regularly. Easily identifiable PIN (such as birth dates, phone number etc.) must not be chosen and PIN should never be put in writing. It is the sole responsibility of the Client to keep, and to ensure that its Authorised User(s) keep(s) the User ID, PIN and Internet Banking Token confidential, safe and fully secure, and to control and ensure that its Authorised User(s) control(s) the use of such User ID, PIN and Internet Banking Token and the use of the Internet Services generally.   

5.2 ) The Authorised User(s) must keep confidential the means of self-identification and take all necessary measures to prevent their use by unauthorised persons. Under no circumstances may the means of self-identification be disclosed or transferred to other person, including to any person presenting himself/herself as representing the Bank or any organisation within the BNP Paribas group.

5.3 ) The Client undertakes to inform all Authorised User(s) of their diligence duties and to supervise compliance therewith

5.4 ) The Client must immediately report to the Bank any loss or disclosure or theft or unauthorised use of the User ID, PIN and Internet Banking Token (for which the Bank may impose a charge) or any breach or suspected breach of security in relation to any access or use of the Internet Services.

5.5 ) Access to the Internet Services shall be restricted solely to the Client and its Authorised User(s). The Client undertakes to immediately inform the Bank of any termination of authorisation(s) granted to any Authorised User(s). In the event the Bank receives the withdrawal of any authorisation to an Authorised User, access to the Internet Services by such Authorised User(s) shall be prevented.

5.6 ) The Client bears full responsibility for all consequences arising from the use, loss or misuse, of the means of self-identification for himself/herself/itself and for that of the Authorised User(s) and the Representative(s).  Furthermore, the Bank reserves the right to charge the Client for the delivery of any new Internet Banking Connection Kit. 

5.7 ) The Client has the duty to report immediately to the Bank any transaction he/she/it disagrees as soon as possible and in any event no later than the period set out in the applicable terms and conditions for accounts or such other period prescribed in the transaction advice (whichever is earlier).

6. Other Obligations & Representations

6.1 ) The Client shall keep and shall ensure that its Authorised User(s) keep(s), all details of the Internet Services, all related materials and documentation issued in connection therewith, the Terms of Use and all connection and identification data (collectively, the "Information") strictly confidential and not reveal or disclose the same or any part thereof to any person. The Client must immediately inform the Bank if it has any notice of or reason to believe that the confidentiality of the Information may be breached or no longer be guaranteed, in particular but without limitation in the event of any loss, theft or unauthorised use. 

6.2 ) The Client acknowledges that it is aware of the dangers linked to the use of open telecommunications networks such as internet and represents to the Bank that it is aware of and fully accepts the risks associated therewith. The Client represents that it will duly protect itself and shall procure that each of its Authorised User(s) shall duly protect itself, against the effects of hacking by using an appropriate and secure IT configuration, and in particular by installing regularly updated software to detect and destroy viruses. The Client further represents that it has checked that the Internet Services and its use by the Client and each of its Authorised User(s) fully comply with the local regulations to which it or each of its Authorised User(s) is subject.

7. Consultation

7.1 ) The information provided to the Client via the Internet Services is provided solely for purpose of general information only.  

7.2 ) The Client acknowledges in particular that information transmitted by the Internet Services may not show complete details on all aspects of transactions and balances on a given date may be affected by transactions that have not yet been recorded, are in progress or will take place in the future (whether on the same date or otherwise). The information transmitted by the Internet Services or printed copies of such information may not be used by the Client as official or exhaustive confirmation or statements issued by the Bank. Only account statements issued by the Bank periodically to the Client shall be authentic, and the Client shall be responsible for making the usual checks and verifications before relying upon any information provided by or through the Internet Services or obtained on the Internet Services website.

7.3 ) The Bank does not make any representation or give any warranty whatsoever for the accuracy or completeness of the data, information, and messages it transmits. In particular, all information regarding accounts (balances, statements or transactions) as well as generally available information, such as market prices and exchange rates are deemed to be provisional and non legally binding, unless expressly described as such by the Bank.

8. Transactions and Payments Orders (only applicable if these services are available to and subscribed by the Client)

8.1 ) The Bank is entitled to reject any transaction or payment orders in its sole discretion without having to give reasons for such rejection. The Bank may in particular reject a transaction or a payment order if the corresponding instruction is not completed or accurate, if the account to be debited has not a sufficient balance or credit limit, due to the size of the transaction or of the payment. The Bank may further also reject any transaction or payment orders due to legal or regulatory requirements, or administrative or judicial provisions prohibiting the execution of such orders. 

8.2 ) Stock exchange and payment orders and any settlement instructions may not be processed immediately or on a 24 hours basis, but are dependent on the trading days and times of the relevant stock exchange and the public holidays or the working hours of the Bank and/or those of the processing unit and/or the speed or any disruption in/of the Internet Services.

8.3 ) The Bank shall not be liable for orders and/or settlement instructions that are not executed on time, or for damage (especially as a result of price losses) in relation thereto.  

8.4 ) The Bank shall not be liable for orders and/or settlement instructions that are not executed due to any disruption or malfunction of the Internet Services system.  

8.5 ) The Bank shall not be liable for any risks and loss resulting from the method used by the Authorised User(s) for the transmission of transaction instructions in particular transmission errors, impersonation, forgery, hacking or deciphering by unauthorised persons or authorities, technical defaults, breaking downs or interruptions, network overload, distortion of messages, deliberate clogging of the electronic network by third parties, access breaking down or made impossible by network operations and the ensuing impossibility or delay for the Bank in implementing the Authorised User(s)’ instructions that might be sent to it.  

8.6 ) As regards investments in securities, the Client hereby declares that he/she/it is aware of the risks that investments in securities entail, possible losses and of the consequences, for example of a non-diversification of his/her/its portfolio. In case of transactions carried out through the Internet Services, the Client hereby declares that he/she/it has sufficient knowledge of the financial markets and of the securities in concern and that the Bank may consider any instruction given through the Internet Services means that the Client has requested, received all the necessary information and has agreed and accepted all the risks and technicalities of the transaction before entering the order into the Internet Services system.

9. Blocking

9.1 ) The Client may request his/her/its access and that of any Authorised User(s) to the Internet Services be blocked, while his/her/its authorised representative may only request the blocking of his/her own access.  The Bank shall to its full discharge block access to the Internet Services of the concerned Authorised User(s) as soon as it is practicable for the Bank to do so and upon receipt of a blocking request in writing from the Client. 

9.2 ) The blocking of an access by the Client shall apply to the Internet Services relating to the account(s) designated on the Application Form. The blocking of an access of any Authorised User(s) can be cancelled upon written request by the Client. 

9.3 ) All actions and transactions conducted and all risks connected with the use of the Internet Services by the Authorised User(s) prior to the effective blocking of access shall remain binding upon and be borne by the Client. 

9.4 ) The Bank may also block an Authorised User’s access to the Internet Services at any time without prior notice and without giving any reasons, and the Bank shall not be held liable for it.

10. Liability & Indemnity

10.1 ) Notwithstanding the security precautions taken when offering the Internet Services, neither the Bank nor the Client or any Authorised User is guaranteed absolute security. The Client fully acknowledges and agrees that the Bank may at its sole discretion without having to notify the Client, use or engage or outsource to any third party service provider in any part of the world the provision of the Internet Services or platform upon such the Internet Services or any part thereof may be hosted. The Bank shall not be responsible for, and shall not be liable for any loss, damage cost or expense whatever, caused to or incurred by any Client or any Authorised User(s) in relation to the provision or use of the Internet Services Banking arising as a result of the negligence, default or fraud of any Client or any of its Authorised User(s) or their respective employees, officers, directors, staff members, agents, contractors or service providers (each a "Representative"). Without limitation to the generality of the foregoing, for the purpose of this Clause 10.1, the Bank shall not be liable for any loss, damage, cost or expense caused or incurred by any Client or any Authorised User(s) arising as a result of the following actions by the Client, any Authorised User(s) or any Representative:

• (a) the loss of any User ID, PIN and Internet Banking Token or failure to keep the same safe or the provision or the making available of the same to a person who is not an Authorised User;
  
• (b) the failure to follow these Conditions, the Terms of Use and all security guidelines provided by the Bank concerning passwords including without limitation inappropriate choice of passwords or upon change of Authorised User(s) or any other compromise of any such password;
• (c) allowing the Internet Services to be used by a person other than an Authorised User;
• (d) the failure to supervise the use of the Internet Services properly or at all;
• (e) any other failure or breach of security in relation to the use of the Internet Services caused by the Client or any Authorised User(s) or any Representative;
• (f) the breach of any of the provisions of these Conditions; or 
• (g) failure to use the Internet Services in accordance with the Terms of Use. 

10.2 ) The Client accepts in particular the following risks, for which the Bank shall not assume any liability or responsibility: 

• (a) insufficient knowledge by the Authorised User(s) of the system and inadequate security measures on the computer the Authorised User(s) may make unauthorised access easier (i.e. inadequately protected storage of data on the hard disk, file transfers, information left on screen, etc.) thus giving access to the Client’s data to unauthorised third parties and allowing use of the Internet Services to transfer money and/or carry out transactions without the Client’s authorisation and to the detriment of the latter.
  
• (b) it cannot be excluded that the network provider (i.e. internet service providers) may track the user characteristics and other information of the Authorised User(s) (i.e. the provider is able to identify when and with whom the Authorised User(s) makes contact). 
• (c) unauthorised third parties may gain access to the computer of the Authorised User(s) without being detected while using the Internet Services and use the Internet Services instead of the Client and to the detriment of the latter.
• (d) when using a public network, there is a risk that viruses may spread to a computer. 

In addition, the Client acknowledged that, despite all security measures taken by the Bank in meeting high standards of security (i) data transmitted over the internet run on independent networks having diverse features and capacities, which are sometimes overloaded at certain periods of the day, (ii) the internet is an open network and, consequently, the information transmitted thereon is not protected against risks of misappropriation, intrusion on the Client's system, piracy of data, system programme and files, contamination from computer viruses, and (iii) it is the responsibility of the Client and each of its Authorised Users to take all appropriate measures in order to protect its system and data from contamination from viruses and intrusion attempts.

10.3 ) The Bank shall not be liable to the Client, its Authorised User(s) or any other person for any loss, cost, damage or other expense incurred by, or any actions, proceedings or claims which may be brought against, such parties arising as a result of the non-receipt or delayed receipt by the Bank of any instructions or other communications relating to the use of the Internet Services or as a result of the suspension of the Internet Services or the inability of the Client or any Authorised User(s) to access or utilise the Internet Services for any reason, any suspension, breakdown, faulty transmission or malfunction in the public telecommunications network, hardware, other equipment or software, in any case whether or not within the Bank’s control, flood, earthquake, strikes, riots, wars, fire or other cause outside the control of the Bank.

10.4 ) The Bank will not be liable for any loss incurred by the Client, its Authorised User(s) or any person as a result of or arising from any damage or adverse effect to the Client’s or Authorised User(s)’ hardware, software, equipment or system generally (including from any virus) caused as a result of its use of the Internet Services.

10.5 ) In no event shall the Bank be liable to the Client or any Authorised User(s) in respect of any matter in connection with the Internet Services for any incidental, indirect, special, consequential or exemplary damages including, without limitation, any loss of revenue or profits.

10.6 ) In the absence of any intentional tort or gross negligence on the part of the Bank, the Bank shall not under any circumstances be held liable for any direct or indirect loss sustained by the Client or any Authorised User(s):

• (a) in the event of any error or omission in the information provided by the Bank to the Client via the Internet Services;
• (b) due to poor reception or failure to receive information, a communication or notification sent by the Bank to the Client pursuant to Clause 15;
• (c) arising from the disclosure of the identification data and the data obtained by using the Internet Services;
• (d) during or after using the Internet Services or surfing on the web, in particular in relation to IT equipment and data contained therein;
• (e) in the event of maintenance of systems underlying the provision of the Internet Services or following a malfunction of the Internet Services linked to problems with the electricity supply, a breakdown of the internet or the telecommunications network used by the Client or any Authorised User(s) or the Bank or, generally, any other event outside the Bank’s control.

10.7 ) The Bank accepts no liability for the accuracy, completeness and timeliness of the data, information, and messages it transmits. In particular, all information regarding accounts(balances, statements, transactions) as well as generally available information, such as market prices and exchange rates are deemed to be provisional and non legally binding, unless expressly described as such by the Bank. Similarly, data provided via the Internet Services shall not be deemed to constitute an offer, an advice or a recommendation to buy or to sell any financial instruments, effect transactions, or enter into any legal transactions of any kind, unless expressly described as such. 

10.8 ) In the event of security risks being detected, the Bank reserves the right at all times to suspend the Internet Services for the Authorised User(s)’ protection until the risks are removed. The Bank may also interrupt the Internet Services for other maintenance work. The Bank cannot be held liable for any loss or damage incurred as a result of such interruptions. 

10.9 ) The Client shall(jointly and severally) keep the Bank fully indemnified, and hold the Bank harmless, at all times against all actions, proceedings or claims which may be brought against the Bank, any loss damage and any cost or expense reasonably incurred by the Bank arising either directly or indirectly out of or in connection with any negligent, wrongful or unlawful use or misuse of the Internet Services by the Client, any Authorised User(s), any Representative or any third party or any breach by the Client, any Authorised User(s), any Representative or any third party of any provision of these Conditions.

11. Intellectual Property Rights

11.1 ) All copyright, trademarks and intellectual property rights (whether registrable or otherwise), and all other property, title and rights, in and to the Internet Services, including the system comprising the Internet Services, the User ID, PIN and Internet Banking Token and all related documentation (collectively, the "Rights") are and shall remain at all times the exclusive Authorised User on a non-exclusive and non-transferable basis, solely during the period which the Bank makes the Internet Services available to the Client and the Authorised User(s), for use only in relation to the Internet Services and to the extent necessary to access and use the Internet Services. No Client or any Authorised User(s) may sell, transfer, disclose, assign, convey, lease, sub-license or otherwise provide the Rights to any other person except as provided in these Conditions. Upon the Internet Services ceasing to be made available to the Client or any Authorised User(s), the Terms of Use, User ID, PIN and Internet Banking Token, the related documentation and all other physical items, shall be immediately returned by the Client to the Bank upon such cessation.  

11.2 ) In the absence of the Bank's prior written consent, the Client undertakes to refrain and shall procure that its Authorised User(s) refrain from, creating a hyperlink connecting its own website or any other website to the Bank's website or to a part of its website.

11.3 ) The Client shall not, and shall procure that its Authorised User(s) shall not, nor attempt to, tamper with install, download, copy, modify, enhance, adapt, reverse engineer compile, assign or deal with in any manner the system or software comprising the Internet Services or used to operate the Internet Services or which may be obtained using the Internet Services.

11.4 ) The Client shall not make, and shall procure that its Authorised User(s) shall not make, any copy or amendment or modification whatsoever of the Terms of Use or any part thereof provided that the Client shall be entitled to make only one (1) copy of the Terms of Use for the purpose of use of the Internet Services by all its Authorised User(s).

11.5 ) This Clause 11 shall survive the termination of the provision of the Internet Services.

12. Fees

12.1 ) The Client shall pay to the Bank such fees for the use of the Internet Services as may be notified to the Client by the Bank. The Bank reserves the right to amend such fees from time to time upon notice to the Client.

12.2 ) All fees and other payments payable by the Client to the Bank under these Conditions shall be made without any restriction, condition, set-off or counterclaim and shall be free and clear of any deduction or withholding on account of any tax or otherwise of whatsoever nature ("Taxes"). In the event that any Taxes are required to be deducted or withheld from any such payment, the Client shall pay to the Bank such additional amount so as to ensure that the net amount received and retained by the Bank will be the full amount which the Bank would have received had no such deduction or withholding been made or required.

12.3 ) The Client hereby irrevocably authorises the Bank to debit all fees payable for the subscription and use of the Internet Services (one subscription per access provided and per Authorised User) from the Account(s) or any other account(s) held by the Client with the Bank from time to time.

13. Consent to Disclosure

The Client hereby irrevocably authorises and consents to the Bank and its officers to disclose any information relating to the Client, the Account(s), these Conditions and the use by the Client or its Authorised User(s) of the Internet Services to:

• (a) the Bank’s head office, other branches, subsidiaries or affiliated companies within the BNP Paribas group; 
• (b) any agent, independent contractor, application vendor, service provider, regional support office and other relevant third parties who are involved, as the case may be, for the purpose of or otherwise in connection with (i) the provision of the Internet Services; (ii) system support; (iii) conducting testing of the relevant systems; and/or (iv) such other system support and maintenance work as the Bank may require; and 
• (c) each Authorised User(s).

The consent given herein shall be in addition to and without prejudice to any other consent which the Client may have provided to the Bank from time to time. This Clause 13 shall survive the termination of the provision of the Internet Services.

14. Joint & Several Liability

Where the Client consists of more than one person, the expression "Client" shall be references to all or each or any of such persons (as the context may require) and all representations, warranties, undertakings, liabilities and obligations of the Client shall be deemed to be made by such persons on a joint and several basis, and any demand for payment made or other notice given by the Bank on or to any one or more of such persons shall be deemed to be made on or given to all such persons.

15. Notices and Communications

15.1 ) The Client agrees that the communications and notifications made by the Bank shall be validly made using the e-mail box created for the Client on the website at the following address: [www.wealthmanagement.bnpparibas] when the Client subscribed to the Internet Services.

15.2 ) All notices in relation to the Internet Services may be given to the Client by letter, facsimile or telex to the address and numbers notified by the Client or last known to the Bank. All notices to the Bank must be given by the Client (except as otherwise stated or as the context otherwise implies) in writing and to the registered address of the Bank or such other address notified by the Bank from time to time. The Client agrees that a fax shall have the same evidentiary value and authority as an original written document. 

16. Amendments

The Bank may amend these Conditions upon 30 days’ notice in writing to the Client, which notice may be made electronically by posting the same in the Internet Services website or in physical writing to the Client.  Any use by the Client or its Authorised User(s) of the Internet Services subsequent to the effective date of such amendments shall be deemed to be an acceptance of such amendments by the Client.

17. Term and Termination

17.1 ) These Conditions are effective upon receipt by the Bank of the subscription of the Internet Services by the Client pursuant to the Application Form. Any use by the Client or its Authorised User(s) of the Internet Services shall be deemed to be made on the terms of these Conditions.

17.2 ) The Bank shall be entitled to terminate the provision of the Internet Services to the Client immediately upon breach by the Client of any of the terms of these Conditions with or without prior written notice. In the absence of the Client’s breach, the Bank may terminate the provision of the Internet Services to the Client at any time in writing.

17.3 ) The Client may terminate its subscription to the Internet Services upon thirty (30) days’ written notice to the Bank.  

17.4 ) The provision of the Internet Services shall be terminated automatically without prior notice if any of the following events occurs:

• (a) the Account is closed, or if more than one, all the Accounts are closed; or
• (b) the Client dies, or is liquidated or made bankrupt or any step is taken towards its liquidation or bankruptcy. 

17.5 ) In the event of the termination of the Internet Services to the Client for any reason, these Conditions, the Terms of Use, User ID, PIN, Internet Banking Token, the related documentation and all other physical items, shall be immediately returned by the Client to the Bank.

18. General

18.1 ) The Client shall not be entitled to assign or transfer its rights or obligations or any part thereof under these Conditions.  The Bank may assign and transfer its rights and obligations under these Conditions to any of its branches, subsidiaries or affiliated companies within the BNP Paribas group.

18.2 ) The failure or delay in exercising rights by the Bank under these Conditions does not constitute a waiver of such rights.

18.3 ) The Bank may sub-contract and employ agents to carry out its obligations in connection with the provision of the Internet Services.

18.4 ) The Bank may at any time without notice to the Client, combine, consolidate, set off and/or exercise a right of lien over all and any monies and securities from time to time in and accruing in any account(s) (whether located in Hong Kong or Singapore or elsewhere and whether the same is matured or otherwise) held by the Client with BNP Paribas (including but not limited to the Account(s)) in or towards payment or discharge of all or any indebtedness, obligations and liabilities, whether present, future, primary, secondary, actual or contingent, now and at any time hereafter owing or payable by the Client to the Bank hereunder or in connection with the provision of the Internet Services. For the above purpose, the Bank may affect the necessary currency conversions at the Bank’s prevailing rate of exchange as the Bank may deem fit. The rights of the Bank hereunder shall be without prejudice to but in addition to the Bank's right of set-off and consolidation under law.

18.5 ) (Only Applicable to Account(s) held with BNP Paribas, acting through its Singapore Branch) A person who is not a contracting party to these Conditions has no right under the Contracts (Rights of Third Parties) Act (Chapter 53B, Singapore) to enforce or enjoy the benefit of any term of these Conditions. 

18.6 ) (Only Applicable to Account(s) held with BNP Paribas, acting through its Hong Kong Branch) BNP Paribas, acting through its Hong Kong Branch will disclose data to BNP Paribas, acting through its Singapore Branch for the purpose of data processing. The Singapore government may be given access to the information being processed at BNP Paribas, acting through its Singapore Branch in accordance with Singapore laws and regulations.  BNP Paribas, acting through its Hong Kong Branch will use its best endeavours to ensure that the confidentiality of all clients’ information will not be compromised. In this respect, the BNP Paribas, acting through its Singapore Branch has undertaken to keep all client information held by it on behalf of BNP Paribas, acting through its Hong Kong Branch confidential, save where it is required to disclose the information in certain limited circumstances pursuant to any law, regulation or court order binding on it.

19. Governing Law & Jurisdiction

(Only Applicable to Account(s) held with BNP Paribas, acting through its Hong Kong Branch) These Conditions and the provision of the Internet Services shall be governed by and construed in accordance with the laws of Hong Kong. The Client irrevocably submits to the non-exclusive jurisdiction of the Hong Kong courts.

(Only Applicable to Account(s) held with BNP Paribas, acting through its Singapore Branch) These Conditions and the provision of the Internet Services shall be governed by and construed in accordance with the laws of the Republic of Singapore. The Client irrevocably submits to the non-exclusive jurisdiction of the courts in Singapore.

20. Language (Only Applicable to Account(s) held with BNP Paribas, acting through its Hong Kong Branch)

A non-binding Chinese translation of these Conditions is available on request. In the case of ambiguity or difference of meaning between the English text and the Chinese translation, the English text of these Conditions shall prevail.