Terms and Conditions for
Online Banking Service
Bank of China (Luxembourg) S.A., Stockholm Branch
中国银行(卢森堡)有限公司斯德哥尔摩分行
Birger Jarlsgatan 28, SE 11434 Stockholm, Sweden
Tel: +46 107 888 888 | Fax: +46 107 888 801 | Reg. No: 516406 0898
©Copy right Bank of China 2015 2
IMPORTANT
Please read Terms and Conditions carefully before applying for the Personal/Corporate Online Banking Services.
If you breach any of your security duties you may be liable for transactions even if you did not authorize them.
Your use of the Online Banking Services shall constitute your acceptance of these terms.
Words and phrases used in these Terms and Conditions are defined in Clause 1.
Please note that after initial registration we will never contact you to ask for your security codes, or ask anyone else to do so on our behalf. If you receive any such request from anyone (even if they are using our name and logo and appear to be genuine) then it is likely to be fraudulent and you must not supply your security codes to them. Also any such requests should be reported to us immediately.
1.DEFINITIONS
The following words have these meanings in this document:
Account means the account held in your name(s) with us.
Application Form means the Personal/Corporate Online Banking Service Application Form.
BOC Stockholm refers to Bank of China (Luxembourg) S.A. Stockholm Branch.
Business Day means a day, not being a Saturday, Sunday, or a Public Holiday on which banks are not open for business in Sweden.
E-token is the security device that produces a unique pass-code, also known as a dynamic password each time it is used.
Online Banking Service (“the Service”) means the service to be provided by us to you under these Terms and Conditions by which you may access information and give us instructions in respect of your Accounts.
Funds Transfer means a transfer of funds between or from your selected Accounts pursuant to instructions received by us through the Service.
Selected Accounts means those of your Accounts that we make available for Funds Transfer Service.
User means someone you have authorized and we have approved to use the Online Banking Services.
Website means our official Internet website, currently having domain address http://www.bankofchina.com/se, as amended, updated or replaced from time to time.
We, Us, and Our are references to Bank of China (Luxembourg) S.A. Stockholm Branch, registered in Birger Jarlsgatan 28, SE 111434, Stockholm, Sweden
You, Your and Yours are references to the account holder/user(s) requesting the Online Banking Service.
2. USING THE SERVICE
2.1 By signing the Application Form you:
agree to these Terms and Conditions; and
signatories authorized to operate your Accounts via any access method other than the Service.
2.2 Before you can use the Service you must: hold or open at least one Account in normal state with us;
complete and submit an Application Form to us;
as required by Law; and
-token. You can collect the User ID, secure
password and E-token from our branch, or request us to send them separately by post to you.
2.3 For Corporate account, when registering you are required to nominate at least one User. You understand that by doing this, the User will have full control of your business bank accounts when accessing Online Banking Services, and the User agrees on your behalf all the terms and conditions included for Online Banking Services.
3. SECURITY CODES
3.1 To access the Services, you must successfully:
enter the dynamic password generated by your E-token.
3.2 The User ID:
-20 digit alpha-numeric code;
identifies you as the user of the Account; and
er has logged on to the Service for the first time.
3.3 The secure password:
-20 digit alpha-numeric code;
to the Service for the first time.
3.4 On any day, once the User ID is entered, if the wrong password is entered 5 times consecutively, the User ID will be temporarily blocked and the User will not be allowed to attempt a further login until the next day. If the wrong password is entered 15 times consecutively, your username will be permanently blocked. However, the User can come to our branch by him/herself and provides a proof of the User’s identity for unlocking the User ID on the same day.
3.5 The dynamic password:
is a random 6 digit number generated by your E-token, and is displayed on a small screen on the E-token;
generated every 60 seconds which is the life span of the password;
-time password cannot be used more than once.
3.6 On any day, if the invalid dynamic password is entered 10 times consecutively, the E-token will be automatically locked. The User will not be allowed to attempt a further login until the User comes to us by him/herself and provides a proof of the User’s identity so that we can unlock the E-token.
4. FUNDS TRANSFERS
4.1 You may instruct us to make a Funds Transfer ONLY:
between or from your selected Accounts;
to take effect during Funds Transfer Operating Hours on Business Days. IMPORTANT: Each type of Funds Transfer has its own Operating Hours (online transaction requests outside the Operating Hours will be effected in the next business working day):
4.2 You can give a Funds Transfer instruction to take effect:
BOC Stockholm (Same Currency)
the following Business Day and you will receive no notice of this.
4.3 Once we receive a Funds Transfer instruction, we:
Online Banking interface;
ate your Account information accordingly.
4.4 You are responsible for any errors or inaccuracies in Funds Transfer instructions. Where reasonably practicable, we will assist you to mitigate your loss.
4.5 Where we make an error in a Funds Transfer we will do everything reasonably practicable to rectify the error, but which is not otherwise due to your own fraud, negligence or willful default.
4.6 We are not responsible for failing to comply with any Funds Transfer instruction if:
we are not satisfied that the instruction has been provided by you;
your Account to be debited has insufficient funds or insufficient pre-agreed credit to carry out the Funds Transfer;
your Account to be debited has been frozen for any reason or there is a legal impediment to processing the Funds Transfer; or
the Funds Transfer cannot be processed due to any other circumstances beyond our control.
4.7 The limits for transfers by using of the Corporate Online Banking will be set up individually according to
your different request.
5. YOUR SECURITY OBLIGATIONS
5.1 You are responsible for ensuring that you have:
adequate protection systems, including anti-virus measures, to protect the security of the User ID and password and your use of the Service and to prevent any unauthorized access to your security details.
5.2 You must select a User ID and password that:
has no obvious connection to the User’s name, address, birth date or identity document number;
is not an obvious sequence of letters or numbers such as 7654321, abcdefg, or aaaaaaa.
5.3 You must:
keep the User ID and password secure and secret at all times;
take all reasonable steps to ensure that the E-token is kept secure, safe and undamaged, and that information provided to you for your use of the Online Banking Service is kept secure and safe.
change the User ID on receipt – once changed, the User ID cannot be further altered; and
change your password on receipt – and subsequently regularly (at least once every 3 months).
5.4 You must ensure that the User ID and password are:
not stored in any manner which indicates that they are a security code;
not used after we have notified you that your right to use them or the Online Banking Service has been revoked;
not disclosed, reverse compiled, copied or in any way observed while being used; and
not accessed by any unauthorized person.
5.5 If you are aware of any security breach of the User ID, password, or E-token you must notify us immediately by calling, +46 (0) 107 888 888 (lines are open from 9:00am to 5:00pm every business day) and comply with all instructions from us. The notification of the security breach will take effect immediately after it is received by us. Subject to clauses 8, any losses that may occur prior to the notification taking effect will be borne by you.
6. YOUR OTHER OBLIGATIONS
6.1 When using the Service, you must:
act in accordance with these Terms and Conditions;
comply with all relevant laws; and
comply with all terms of the use of the Website appearing on the Website.
6.2 You must comply with all instructions given by us from time to time in relation to the use of the Service.
6.3 You warrant the truth, accuracy and completeness of all information given to us by you: in any Application Form; or
when using the Service; or otherwise acting in respect of any Account and you acknowledge and agree that, in entering into these Terms and Conditions and providing the Service, we are relying on the truth, accuracy and completeness of all information given by you.
6.4 You must notify us immediately if there are any changes to the information you provided on the Application Form.
7. VERIFICATION OF INSTRUCTIONS
7.1 When we receive instructions for the Service, we will verify that the person giving the instruction is a User by reference to entry of the correct User ID, secure password and valid one-time password.
7.3 You acknowledge that we are not obliged to refer to anything other than the User ID and secure password and dynamic password when verifying that the instructions are from you.
7.4 You must understand that a transaction being carried out is not always simultaneous with an instruction being given. Some matters may take time to process and certain instructions may only be processed during normal business hours, although the Service may be accessible outside such hours.
8. LIABILITY FOR UNAUTHORIZED TRANSACTIONS
8.1 You will be liable for any unauthorized transactions if:
the loss was due to fraud on your part;
the loss occurred before you notified us of a breach of your Security Codes;
there was unreasonable delay in your notifying us after becoming aware of a security breach of the User ID, password or E-token;
the loss was due to disclosure of the User ID, password or E-token;
you did not take reasonable care when safeguarding the User ID, password or E-token; or
you selected a code which we specifically warned you against (e.g. date of birth, identity document number etc.).
8.2 The Bank will be liable for any unauthorized transactions if:
the loss occurred due to bank error or negligence;
the loss occurred prior to you receiving the User ID, password or E-token; or
the losses occurred after you had already notified us that the User ID, password or E-token security had
been breached.
9. SYSTEM FAILURE AND LINKED SITES
9.1 You may experience interruptions and difficulties accessing the Website and its content from time to time. We do not represent or guarantee that the Website and the content will be free from errors, viruses or interruptions. It may be affected by outages, faults or delays. These may be caused by technical difficulties, your or a third party's software, equipment or systems, traffic, infrastructure failures or actions taken by third parties. We may also alter, interrupt, suspend or deny you access to all or part of the Website or content at any time for any reason we think fit, without any prior notice.
9.2 If our Website or any internet system experiences any breakdown or interruption, corruption of data or any other form of system failure so that you cannot use the Online Banking Service effectively then, on request from you, we will do all things reasonably practicable to reinstate the Online Banking Service as soon as possible.
9.3 The Website may contain links or references to other websites. We are not responsible for the availability or content of any linked website and any link or reference that is for your convenience and is not an endorsement by us of the other website, its contents or its owner/sponsor.
9.4 Our website forwards you to Bank of China Limited, who hosts the Online Banking Service on behalf of Bank of China (Luxembourg) S.A. Stockholm Branch. The information displayed on the Bank of China Limited site may not be applicable to customers of Bank of China (Luxembourg) S.A. Stockholm Branch. If you have any questions about our Online Banking Service or need clarification of anything displayed, then please refer to the FAQs on the Bank of China (Luxembourg) S.A. Stockholm Branch website or call us on +46 (0) 107 888 888 during the office hours.
10. OUR LIABILITY
10.1 Where it is not lawful or possible to exclude conditions, warranties or rights implied or given by statute, or other laws, our liability for any breach of such implied conditions, warranties or rights will (to the extent allowed by law) be limited to the supplying of the service again or the payment of the cost of having the service supplied again, as we decide.
10.2 We will not be liable to you in contract or in tort (including negligence) for, or in respect of, any direct, indirect or consequential loss, damage, liabilities, claims or expenses you suffer arising from or in connection with:
the Website, its content, our computer systems, any event referred to in clause 9.1 or 9.2, if you should have been aware the systems or equipment was unavailable for use or malfunctioning, in which case our responsibilities are limited to those set out in clause 10.1 plus refunding any fees or charges imposed as a result;
any third party website linked to or referred to on the Website or these terms and conditions.
11. BREACHES AND TERMINATION
11.1 We may terminate these Terms and Conditions and end your use of the Service immediately by notice in writing to you if you are in breach of any of your obligations under these Terms and Conditions.
11.2 We may also terminate these Terms and Conditions at any time in writing, with 30 days notice.
11.3 You may terminate these Terms and Conditions by giving us a completed Application Form indicating cancellation of the Service and we will cancel your access to the service as soon as reasonably practical within 5 business days.
12. INDEMNITY BY YOU
12.1 Subject to clauses 8.1 and 8.2, you indemnify us and must pay us on demand for any losses, costs and expenses that we suffer or incur as a result of us complying with an instruction from you.
12.2 The indemnity is a continuing indemnity and is not affected by anything which may otherwise affect it at law or in equity or by statute or otherwise.
13. COSTS, EXPENSES AND FEES
13.1 You must pay or, to the extent already paid by us, reimburse us on demand for all:
costs, charges and expenses incurred by us, our agents, contractors and employees in connection with the exercise, enforcement or protection (or any attempt to exercise, enforce or protect) any of its rights under this document, including, in each case, legal costs and expenses on a solicitor and own client basis or a full indemnity basis, whichever is the higher; and taxes, registration and other fees, and account charges by us, in each case, including fines and penalties for late payment, arising directly or indirectly in connection with the execution, delivery or compliance with this document, any payment, receipt or supply in relation to them and any transactions contemplated by us.
13.2 We may charge you fees in respect of the Online Banking Service (i.e. in addition to any fees payable under the terms of the accounts that may be accessed with the Online Banking Service). We may change or add to these fees from time to time in its absolute discretion. At any time that fees are payable in respect of the Online Banking Service, a list of current fees will be provided on request and when an initial Application Form is submitted by you.
14. STATEMENTS AND NOTICES
14.1 Statements
You can inquire the transactions and the information of your account online. We will not provide the statements on paper support. If something online appears to be wrong, you must tell us as soon as possible so that we can resolve the matter quickly and properly.
14.2 General notices
Any notice, demand, consent or other communication given or made under this document must be:
 in writing and clearly readable;
signed by the party giving or making it (or signed on that party's behalf by its authorized officer); and
left at the address of the recipient, or sent by prepaid ordinary post to that address or sent to the facsimile number of the recipient.
14.3 Notification of breach of your Security Codes
You may give notice to us of any breach of the User ID, password or E-token by telephone on +46 (0) 107 888 888 (lines are open from 9:00am to 5:00pm every business days). Any notification by you pursuant to this clause will take effect immediately. You should confirm this notice in writing later on.
14.4 Changes of details
Details may be changed as follows:
You may change any information given in the Application Form only by completing and submitting a new Application Form, indicating a change of details.
We may change our details for the purpose of service of notices, by giving notice of that change to you in accordance with the provisions of clause.
If you change your address and do not properly notify us, we can give notice to you by writing to the last known address for you properly notified to us under these terms and conditions.
14.5 Receipt
Proof of posting or delivery of a letter or of dispatch of a facsimile is proof of receipt:
in the case of a document sent by prepaid ordinary post on the third Business Day after the date of posting;
in the case of a document left at the address: on the day and at the time at which delivery was made; and
in the case of a facsimile: on the day and at the time at which the transmitting facsimile machine indicates that the facsimile was sent in its entirety to the facsimile number of the recipient for the purposes of this clause.
A communication given as above, but received on a non-working day or after business hours, will only be deemed to be given on the next working day.
A communication to us will only be effective on actual receive.
15. GENERAL
15.1 Notification of material changes
We may change any of these Terms and Conditions at any time including introducing a fee or charge.
We will give you at least 30 days notice of any such changes. Such notification may be provided via the media, by written notice to you or by posting an electronic notice on the Website.
15.2 Records
Using the Online Banking Service you will be able to access records of Funds Transfers for a period of 12 months from the date of the transfer.
15.3 Waivers, variations and consents
Any waiver or consent by us is effective only if it is in writing signed by or on behalf of us and then only to the extent expressly stated in writing and in the specific instance and for the specific purpose for which it is given.
No failure on the part of us to exercise, or delay on our part in exercising, any of our rights operates as a waiver of them.
No provision of this document or right conferred by it can be varied except in writing signed by the parties.
15.4 Invalidity
If any part of this document is for any reason unenforceable that does not affect the enforceability of the remainder.
15.5 Assigning rights
You must not assign any of our rights under this document without our prior written consent. 10
15.6 Disclosure of your information
You irrevocably consent and agree to us providing information concerning you or this document:
to any person who is an assignee or potential assignee or a beneficiary or potential beneficiary of; or a participant in or potential participant in, our rights under this document;
if required or permitted by law;
if the information is publicly available; or
if we are under a public duty to disclose the information.
15.7 Governing law and jurisdiction
This document is governed by and it is to be interpreted in accordance with the laws of Sweden. You and we submit to the non-exclusive jurisdiction of the courts of Sweden.
As the applicant(s), I/we accept the above terms
Name: Signature:
Name: Signature:
Customer Number: Date: