| (ii) Liability and Responsibility |
| |
When acting in good faith and without
negligence or willful misconduct, the Bank shall
not have any liability or responsibility to Customers
using the Securities Trading Service and the Forex/Gold
Margin Trading Service ( the "Services") through
Hang Seng Mobile Trading in respect of:
| 1. |
inability to receive or execute any interception of any instructions given by Customers through the use of Hang Seng Mobile Trading; |
| 2. |
any failure or delay in transmitting information to or from the Customers; |
| 3. |
any error or inaccuracy in such information due to technical distortion; |
| 4. |
any consequences arising from any cause beyond the reasonable control of the Bank, including, without limitation, failure of the relevant supported mobile phone or other equipment which the Customers use to receive information for whatever reason, any computer or other breakdown, mechanical failure, power failure, malfunction, interruption or inadequacy of equipment or installation, natural disaster, or any other matter beyond the Bank’s reasonable control; or |
| 5. |
the Bank is in no way liable for the services provided by the relevant telecommunication/network provider to the Customers in respect of the relevant supported mobile phone or for the performance or suitability of the supported mobile phone. |
The Customer accepts he/she is responsible for his/her security of using the Service through Hang Seng Mobile Trading and agrees to act prudently and in good faith, and would undertake measures to safeguard the security of using the Service through Hang Seng Mobile Trading, including but not limited to keeping his/her username and password for accessing Hang Seng Mobile Trading confidential, refrain from sharing his/her mobile phone with another person and to observe the security tips set out in the section headed "Security Tips".
The Customer understands, acknowledges and accepts that the mobile telecommunication channel is subject to inherent technological deficiencies, network traffic congestion and other extraneous factors beyond the Bank’s reasonable control. For these reasons, mobile telecommunication is not always a reliable medium of communication. The Customer acknowledges and agrees that, as a result, there may be failure or delays in the Bank’s receipt of instructions and consequential failure or delays in the execution of instructions, and/or the execution of instructions at prices different from those prevailing at the time the instructions were given. Such failure or delays are more likely when there are high volumes of instructions on the Service and when the markets show greater volatility. The Customer further acknowledges and agrees that there are risks of interception of instructions and that such risks shall be borne by the Customer (save only where another party is made responsible).The Customer also accepts that mobile communication is a new and rapidly advancing technology. Accordingly,
| 1. |
Hang Seng Mobile Trading may not meet all of the Customer’s needs or expectations; |
| 2. |
the functionality of Hang Seng Mobile Trading may from time to time be variable or limited; |
| 3. |
the Bank will endeavour to make sure Hang Seng Mobile Trading continues to function, but its operation may be subject to interruptions and/or require periodic modifications and improvements; and |
| 4. |
to help reduce the risks, the Bank may set (and from time to time revise) limitations on the transaction size, funds transfer destinations and other features of the Services available through Hang Seng Mobile Trading and/or may set user requirements. |
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