These terms and conditions (“Terms and Conditions”) set out your responsibilities and obligations in respect of your use of the e-Cheque Drop Box Service and e-Cheque Drop Box Account (each as defined below). By confirming that you accept these Terms and Conditions, you may use the e-Cheque Drop Box Service and e-Cheque Drop Box Account, and, by using the e-Cheque Drop Box Service or e-Cheque Drop Box Account, you will be deemed to have read and understood these Terms and Conditions and you agree to be bound by them.

DEFINITIONS

In these Terms and Conditions, unless the context otherwise requires, the following expressions shall have the corresponding meanings:

“e-Cheque(s)” means a cheque (including a cashier’s order), issued in the form of an electronic record (as such term is defined in the Electronic Transactions Ordinance (Cap 553 of the Laws of Hong Kong)) with an image of the front and back of the e-Cheque or e-Cashier’s Order (as the case may be). e-Cheque(s) may be issued in Hong Kong dollars, US dollars and Renminbi;

“e-Cheque Drop Box Account” means a user account for the e-Cheque Drop Box Service, and for which each user is required to register before using the Service for presenting e-Cheques for deposit into a Payee Bank Account;

“e-Cheque Drop Box”, “e-Cheque Drop Box Service” or “Service”, refers to an electronic drop box which accepts presentment of e-Cheques in respect of which an e-Cheque Drop Box User must register an e-Cheque Drop Box Account before presenting e-Cheques to a Payee Bank Account. The use of the e-Cheque Drop Box Service is governed by these Terms and Conditions and the Personal Information Collection Statement, legal disclaimer or other relevant notices posted on the e-Cheque Drop Box Service Platform; further, the presentment of e-Cheques for deposit into each Payee Bank Account via the e-Cheque Drop Box Service Platform may also be governed by the terms and conditions issued by the Payee Bank;

“e-Cheque Drop Box Service Platform” refers to (i) the website accessible through a supported Internet browser or (ii) a mobile application, as appropriate, through which the HKICL provides the e-Cheque Drop Box Service;

“e-Cheque Drop Box User”, “you” or “your” refers to an individual or entity who registers an e-Cheque Drop Box Account with one or more Payee Bank Account for the purpose of presenting e-Cheque(s). For the avoidance of doubt, this term includes an e-Cheque Drop Box User who registers an e-Cheque Drop Box Account with a Payee Bank Account other than his/her same-name account. Where an e-Cheque Drop Box User registers an e-Cheque Drop Box Account with a Payee Bank Account other than his/her same-name account, any reference to a Payee Bank Account in these Terms and Conditions means that Payee Bank Account;

“Payee Bank” refers to the bank at which a Payee Bank Account is held;

“Payee Bank Account” means, in respect of each e-Cheque presented for deposit via the e-Cheque Drop Box Service Platform, the bank account of the payee of the e-Cheque into which the e-Cheque is to be deposited which may be a sole name or a joint name account of the payee;

“Payer Bank” refers to the bank which digitally signed an e-Cheque created by its customer;

“we”, “us” or “our” refers to Hong Kong Interbank Clearing Limited (the “HKICL”) and/or its successors and assigns (as the case may be).

PURPOSE OF THE E-CHEQUE DROP BOX

The e-Cheque Drop Box has been developed to facilitate routing of e-Cheques upon presentment by e-Cheque Drop Box Users via an e-Cheque Drop Box Service Platform to a collecting bank for presentation to a Payer Bank.

SCOPE AND DESCRIPTION OF SERVICE

3.1

The e-Cheque Drop Box Service offers two major services for e-Cheque Drop Box Users, namely: (i) it supports e-Cheque presentment; and (ii) it provides a presentment record enquiry service in relation to presented e-Cheques for the period of time stipulated in the FAQ section of the e-Cheque Drop Box Service Platform. Use of the e-Cheque Drop Box Service is free but charges may be imposed by the Payee Banks.

3.2

The presentment of an e-Cheque using the e-Cheque Drop Box Service is regarded as the primary stage before the clearing and settlement of the e-Cheque. You acknowledge and agree that there are other validations and procedures in relation to presentment, clearing and settlement of an e-Cheque and the presentment itself does not guarantee clearing and settlement.

3.3

The transaction history or account balance of the Payee Bank Account must be checked with the Payee Bank to ascertain whether the funds have been deposited into the Payee Bank Account. The e-Cheque Drop Box Service does not provide a statement of the account balance of any Payee Bank Account.

3.4

The HKICL may at any time, with or without prior notice, terminate or vary the scope of the e-Cheque Drop Box Service including, without limitation, prescribing and changing the normal service hours during which the e-Cheque Drop Box Service is available and any daily cut-off times for any e-Cheque Drop Box Service. Where circumstances permit and acting reasonably, the HKICL will notify e-Cheque Drop Box Users of such termination or variation by posting in the “Notices” section on the e-Cheque Drop Box Service Platform.

ACCEPTANCE OF THESE TERMS AND CONDITIONS

4.1

By using the e-Cheque Drop Box Service and e-Cheque Drop Box Account (including registering for that purpose), you will be deemed to have accepted and agreed to comply with these Terms and Conditions.

4.2

These Terms and Conditions are the basis of and shall form part of the terms and conditions governing your use of the e-Cheque Drop Box Service and an e-Cheque Drop Box Account and shall operate in addition to all other terms and conditions to which you are subject, including terms and conditions imposed by Payee Banks (where applicable), our applicable Personal Information Collection Statement and any security measure implemented by us from time to time in relation to the conduct of the use of the e-Cheque Drop Box Account.

4.3

If there is any inconsistency between these Terms and Conditions and any other applicable terms and conditions in relation to the use of the e-Cheque Drop Box Service and an e-Cheque Drop Box Account, these Terms and Conditions shall prevail.

E-CHEQUE DROP BOX SERVICE AVAILABILITY

The HKICL will use its reasonable efforts to ensure the availability of the e-Cheque Drop Box Service all year round except 01:00 to 05:00 every Sunday (GMT +8). However, you acknowledge and agree that the e-Cheque Drop Box Service may, at certain times, be unavailable due to regularly scheduled maintenance, service upgrades, or technical failures. Subject to the use of the aforesaid reasonable efforts, the HKICL shall incur no responsibility or liability for any unavailability of the e-Cheque Drop Box Service or for any loss that is suffered or incurred as a result of any unavailability of the e-Cheque Drop Box Service.

USER LOGON PASSWORD AND SECURITY

6.1

A username and logon password are required for the use of the e-Cheque Drop Box Service. You will be required to provide your email address as the username and create a logon password according to the pre-defined password policy set out by us during the e-Cheque Drop Box Account registration.

6.2

Whenever you choose a password, you must comply with the password policy set out by us and avoid choosing a password or number that is likely to be guessed by anyone trying to access the Service pretending to be you.

6.3

You should change your password regularly and must do so if requested by the e-Cheque Drop Box.

6.4

You are solely responsible for (1) monitoring, controlling access to and maintaining strict confidentiality of the username and logon password, (2) ensuring that no person other than yourself or any other person authorized or permitted by you to use, or who uses your username and logon password with your knowledge, (3) any charges, loss or damage that may be suffered or incurred by you, the HKICL, the Service or any other person as a result of your breach of this Clause.

6.5

You acknowledge and agree that the HKICL shall have no obligation or liability whatsoever to ascertain or ensure that a person using your username and/or logon password is you or another person referred to in Clause 6.4(2).

6.6

The HKICL is not liable for any loss or damage related to the misuse or theft of usernames or logon passwords, disclosure of usernames or logon passwords, or your authorization or permission to another person to access and use the e-Cheque Drop Box Service with your username or password.

6.7

THE HKICL MAKES NO WARRANTY, EXPRESSED OR IMPLIED, REGARDING THE EFFICACY OF THE SECURITY OF THE E-CHEQUE DROP BOX SERVICE AND SHALL NOT BE LIABLE FOR ANY ACTUAL OR CONSEQUENTIAL DAMAGES ARISING FROM ANY BREACH OR ALLEGED BREACH OF SECURITY OF THE E-CHEQUE DROP BOX SERVICE.

6.8

This Clause 6 is supplemental to and shall not prejudice Clause 12.

COMMUNICATIONS AND NOTICES

7.1

Any notice or other communication to you in connection with the e-Cheque Drop Box Account or (as the case may be) any e-Cheque Drop Box Service may be given by posting in the “Notices” section on the e-Cheque Drop Box Service Platform or email to the email address which you have registered in the e-Cheque Drop Box Service.

7.2

As communications may be subject to interruption, transmission blackout, delayed transmission and incorrect data transmission, the HKICL is not liable for malfunctions in, non-transmission of or delays in communication not under its control that may affect the accuracy or timeliness of the requests you send.

7.3

The HKICL assumes no responsibility for the corruption of any data or information transmitted by you to the HKICL.

PERSONAL DATA PRIVACY

8.1

All personal data received from you in connection with the e-Cheque Drop Box Service including in particular, but without limitation, personal data of third party individuals, fulfil the requirements of the Personal Data (Privacy) Ordinance.

8.2

You acknowledge, agree and confirm that all personal data submitted by you to the e-Cheque Drop Box Service have been collected by lawful and fair means and may be used for all the purposes of the e-Cheque Drop Box Service and other related purposes.

8.3

Any personal data received from you will be kept by us as long as reasonably required for the above purposes or as required by applicable law. Once you close an e-Cheque Drop Box Account and/or terminate the e-Cheque Drop Box Service, such data will be permanently removed from the system in accordance with the HKICL’s policy and as prescribed by applicable laws and regulation.

8.4

We will not provide your personal data to any other person for direct marketing or other purposes unrelated to the operation of the e-Cheque Drop Box Service without your consent.

8.5

Any personal data received from you shall only be disclosed to staff of the HKICL and its affiliates who require the information for providing, managing and operating the e-Cheque Drop Box Service and other related purposes, except as otherwise required by law.

8.6

You acknowledge and agree that the personal data may be released to comply with any warrant or order of a court or tribunal of any local or foreign jurisdiction which is binding on us, and may be disclosed to comply with a request by any law-enforcing departments of the Hong Kong Special Administration Region or any other party pursuant to any obligation binding upon the HKICL or otherwise permitted under the Personal Data (Privacy) Ordinance.

USE OF INFORMATION AND MATERIALS

The information and materials contained and descriptions that appear on the e-Cheque Drop Box Service Platform are subject to change from time to time. The information and materials contained in the e-Cheque Drop Box Service are provided “as is” and/or “as available” and are subject to change, the HKICL does not warrant the accuracy, adequacy or completeness of such information and materials and expressly disclaims liability for errors or omissions in such information and materials. No warranty of any kind, implied, expressed or statutory including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials.

10.

LINKED WEBSITES AND ADVERTISEMENTS

The e-Cheque Drop Box Service Platform may provide hyperlinks to other websites on the internet. These hyperlinks lead to websites of third parties who are in no way affiliated with or related to us. We have taken reasonable steps to ensure the correctness of the hyperlinks but are not responsible for verifying the contents of such third party websites. You use such hyperlinks and third party websites at your own risk and we are not responsible for any consequences arising out of or in connection with your doing so.

11.

ACCESS TO THE E-CHEQUE DROP BOX SERVICE BY DIFFERENT MEANS

11.1

You can download the mobile application for the e-Cheque Drop Box Service at no cost. By downloading and using the application offered by the HKICL for mobile devices, tablets or other devices (the “Application”), you agree to be bound by these Terms and Conditions and other relevant policies, terms and conditions or documents that may from time to time apply to the Application.

11.2

The Application has been developed and is maintained by or on behalf of the HKICL and all right, title and interests (including but not limited to copyright and licence of use) in it belong to the HKICL. The HKICL hereby grants you a non-exclusive, non-sub-licensable, non-transferable, personal and limited licence to install and use the Application only on a device compatible with and permitted by the Application. Certain software that forms part of the Application may be licensed from third party licensors who are not affiliated with the HKICL and, by using the Application, you acknowledge and agree that any additional terms imposed by such third party licensors shall also apply to the use of the Application. This limited right to use the Application is revocable, without notice to you and at any time, in the sole discretion of the HKICL.

11.3

For the avoidance of doubt, you must comply with other relevant clauses of these Terms and Conditions in relation to the e-Cheque Drop Box Service. You must not decompile, reverse-engineer, translate, convert, adapt, alter, modify, enhance, add to, delete or in any way tamper with, or gain access to, any part of the Application unless expressly authorized to do so by the HKICL.

11.4

Limitation for mobile technology

	11.4.1	You acknowledge that mobile communications are a rapidly developing technology, and using the Application may carry additional risks and may not be as secure as using the e-Cheque Drop Box Service via the computer channel.
	11.4.2	You further acknowledge that technological failure and network traffic congestion are common and there are other factors beyond the HKICL’s reasonable control (including but not limited to any technological distortion caused by the inadequacies or discrepancies in performance or configuration of the relevant supported mobile phones or other devices used by you) that may result in the HKICL’s failure or delay in the execution of instructions given through the e-Cheque Drop Box Service. Instructions, personal data and information transmitted through the Application are subject to the risk of being read, intercepted, interrupted or misused by third party. You acknowledge and agree that (a) before downloading the Application, you will fully consider all risks relating to use of mobile applications (namely, all risks identified in this Clause 11.4, collectively “Mobile Application Risks”) and read carefully these Terms and Conditions and (b) before using the Application at any relevant time, you will bear in mind all Mobile Application Risks.

11.5

The HKICL has no obligation under these Terms and Conditions or at the request of e-Cheque Drop Box Users to correct any bugs, defects or errors in the Application, or otherwise to support, maintain, improve, modify, upgrade, update or enhance the Application. The HKICL will not be responsible for providing assistance to you in the use of the Application in any manner whatsoever. The HKICL shall not be responsible for any error or failure due to the incompatibility of software versions used by the e-Cheque Drop Box User and the version supported by the e-Cheque Drop Box Service. The HKICL may, at any time and without liability, modify or discontinue all or part of the Application and your use of it, including, but not limited to, in circumstances when unauthorized modifications to iOS, Android or other relevant operating systems are detected (such as by way of a “jailbreak” or “root”).

11.6

You recognize that your mobile service provider may not allow you to transmit the data for the Application if you are abroad or using an overseas mobile service network. In addition, service charges may be levied by the service provider for processing the data exchanged. The HKICL will not be liable for any such charges levied by the service provider or any other party. Also, the HKICL will not be liable for loss arising out of any interruption or delays due to any failure of the mobile service network.

11.7

The above terms and conditions in this Clause 11 shall also apply to the access to the e-Cheque Drop Box Service Platform via the computer channel, where appropriate.

12.

LIABILITIES AND OBLIGATIONS

12.1

You accept full responsibility for ensuring the security of and that virus-free software are used in relation to your e-Cheque Drop Box Account and agree to act prudently and in good faith when using your e-Cheque Drop Box Account, including without limitation by taking the measures listed below to safeguard the security of your e-Cheque Drop Box Account:

	(a)	you must take all reasonable steps to keep your e-Cheque Drop Box Account information confidential and must not disclose to any other person or otherwise permit or enable any person (other than those referred to in Clause 6.4(2)) to obtain any information related to your e-Cheque Drop Box Account;
	(b)	you must not permit, authorize or enable any person (other than those referred to in Clause 6.4(2)) to use your e-Cheque Drop Box Account;
	(c)	your e-Cheque Drop Box Account should only be used in accordance with such notices, instructions and security measures as we or the corresponding banks may notify you from time to time;
	(d)	if you discover that your e-Cheque Drop Box Account is being or has been used in an unauthorized way or by any unauthorized person, you must immediately change your e-Cheque Drop Box Account password or close your e-Cheque Drop Box Account if the situation continues;
	(e)	you must not access the e-Cheque Drop Box Service using any device incorporating unauthorized modifications to its iOS, Android or other applicable operating systems (such as by way of a “jailbreak” or “root”).

12.2

If you have acted fraudulently or with negligence (including, but not limited to, by not acting in accordance with clauses 6 or 12.1 hereof, or have failed to follow the safeguards that we or any bank involved in the e-Cheque Drop Box Service notifies to you from time to time), you shall be liable and agree and undertake to hold us harmless and indemnify us on a full indemnity basis and on demand for any liability for loss, damage, reasonable costs and expenses which we may suffer or incur by reason of:

	(a)	any e-Cheque presented through your e-Cheque Drop Box Account;
	(b)	any information supplied in relation to the registration for or use of your e-Cheque Drop Box Account being false, incomplete or inaccurate; and/or
	(c)	all consequences arising from your breach of these Terms and Conditions and any other terms and conditions applicable to the e-Cheque Drop Box Service.

12.3

For the avoidance of doubt, the HKICL shall be under no duty to verify the identity or authority of the person using your e-Cheque Drop Box Account, the authenticity of any presentment instructions, once an individual logs on using a valid username and matching logon password.

12.4

The HKICL shall not be responsible for any error, delay or failure caused by any software that you use which is incompatible with the e-Cheque Drop Box Service. We shall be under no obligation to assist you to trace, identify or locate the source of any alleged problem relating to the design or operation of the hardware or software of the e-Cheque Drop Box Service and your ability to use it, nor relating to the connection system, network, equipment and devices used in relation to the e-Cheque Drop Box Service, nor shall you yourself (or your agents) be entitled to check or inspect any of them for such or other purposes.

12.5

The HKICL shall not be responsible for identifying fraudulent e-Cheques other than checking the digital signature of the Payer Bank. Save as aforesaid, it is not liable for any losses or expenses whatsoever and howsoever arising out of or in connection with its identification or failure to identify or delay in identifying a relevant fraudulent e-Cheque. The HKICL shall not be liable or responsible for any fraud or unlawful activities practiced by a third party or any loss or damages inflicted upon you by any third party arising out of or in connection with your use of the e-Cheque Drop Box Service.

12.6

The HKICL shall, subject to the provisions of these Terms and Conditions, provide, manage and operate the e-Cheque Drop Box Service and make available such Service to e-Cheque Drop Box Users.

12.7

The HKICL shall exercise a degree of skill, care and responsibility commensurate with persons in Hong Kong providing substantially similar services. The exercise of such skill, care and responsibility shall constitute a full and complete discharge of the obligations and duties of the HKICL to e-Cheque Drop Box Users and other persons in respect of and concerning the e-Cheque Drop Box Service under these Terms and Conditions.

12.8

The HKICL shall assume full responsibility for all claims arising out of any failure, error or inaccuracy in its provision, management or operation of the e-Cheque Drop Box Service under these Terms and Conditions which are provided to have resulted substantially from a reckless act or omission or the intentional misconduct of its servants or agents except that the HKICL shall not be responsible for any consequential loss suffered by an e-Cheque Drop Box User arising from any cause whatsoever other than substantially as a result of a reckless act or omission or intentional misconduct on the part of the servants or agents of the HKICL.

12.9

Save as otherwise prohibited by law and except those claims for which the HKICL shall assume responsibility as provided above, no claims shall be made by any e-Cheque Drop Box Users against the HKICL concerning, arising out of or in connection with, the HKICL’s provision, management and/or operation of the e-Cheque Drop Box Service.

12.10

Subject to Clause 13, the HKICL shall not be responsible for verifying the correctness, completeness or origin of the information set out in the various fields and boxes of any e-Cheque uploaded to the e-Cheque Drop Box Service and shall not be held liable for any inaccuracy, error or faulty origin of such information.

12.11

Save as otherwise assumed and accepted by the HKICL in these Terms and Conditions, you shall bear the responsibilities and risks relating to use of the e-Cheque Drop Box Service.

12.12

The liabilities and obligations of a Payee Bank in respect of the presentment of e-Cheques for deposit into a Payee Bank Account held with that Payee Bank via the e-Cheque Drop Box Service Platform are governed by the applicable terms and conditions issued by that Payee Bank.

13.

INDEMNITY

13.1

Subject to Clause 13.2 and other applicable provisions of these Terms and Conditions, your presentment of any e-Cheque using the e-Cheque Drop Box Service shall:

	(a)	render you liable for the correctness, completeness, origin or integrity of the information provided to the e-Cheque Drop Box Account in connection with such presentment and of the information set out in the various fields and boxes of the e-Cheque;
	(b)	authorize the HKICL to rely exclusively on the information relating to the e-Cheque without making any other independent verification, except for duplicate presentment checking and checking and validation of file type, file size, data field formats and requirements, the digital signature of Payer Bank and the date and status of the e-Cheque;
	(c)	be deemed to constitute an indemnity to the HKICL in respect of all liabilities and expenses incurred by the HKICL arising out of or as a result of any error in instructions or any incorrectness, incompleteness or other discrepancy in any information provided to the e-Cheque Drop Box Account in connection with any presentment of an e-Cheque and otherwise set out in the various fields and boxes of any e-Cheque.

13.2

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

	(a)	your access to and/or use of and/or inability to access or use the e-Cheque Drop Box Service and/or the e-Cheque Drop Box Service Platform and/or any other person or entity’s use of and/or inability to access or use the e-Cheque Drop Box Service and/or the e-Cheque Drop Box Service Platform where such person or entity was able to access the e-Cheque Drop Box Service Platform using your e-Cheque Drop Box Account username and/or logon password;
	(b)	any breach or non-observance of any of these Terms and Conditions or any other terms and conditions applicable to the e-Cheque Drop Box Service by you or by any other person or entity where such person or entity was able to access and/or use the e-Cheque Drop Box Service Platform by using your e-Cheque Drop Box Account username and logon password.

14.

TERMINATION AND SUSPENSION OF E-CHEQUE DROP BOX SERVICE AND E-CHEQUE DROP BOX ACCOUNT

14.1

If the HKICL for any reason knows or suspects that the hardware or software used by the HKICL in respect of the e-Cheque Drop Box Service and its connected system, network, equipment or device has been or might be exposed to any risk of being adversely affected, disturbed or damaged, the HKICL may, in its discretion, terminate or suspend the e-Cheque Drop Box Service without any prior notice.

14.2

The HKICL may execute appropriate protective measures to limit your activities on the e-Cheque Drop Box Service including, without limitation, termination and suspension of your access to the e-Cheque Drop Box Service and/or the e-Cheque Drop Box Service Platform at any time, with or without cause or notice, if, in all the circumstances and acting reasonably, it deems it necessary to do so. Such circumstances will include (but are not limited to) unauthorized modifications to iOS, Android or any other relevant operating systems (such as by way of a “jailbreak” or “root”) being detected in any device you use to access the e-Cheque Drop Box Service and/or the e-Cheque Drop Box Service Platform.

14.3

The e-Cheque Drop Box Service will automatically remove any e-Cheque Drop Box Account which has been inactive (i.e. without any successful logon) for a period of at least 1 year or for such other period as the HKICL may prescribe in its discretion from time to time, following not less than a 30-day prior notice addressed to the relevant e-Cheque Drop Box User.

14.4

You may terminate your e-Cheque Drop Box Account at any time by choosing the “User Account Closure” function on the e-Cheque Drop Box Service Platform or in such manner and on such conditions as may be prescribed by the HKICL from time to time. An email will be sent to you after your e-Cheque Drop Box Account has been successfully closed.

14.5

Notwithstanding any termination or suspension of the e-Cheque Drop Box Service and an e-Cheque Drop Box Account, the e-Cheque Drop Box User will remain bound by these Terms and Conditions.

15.

AMENDMENTS TO THESE TERMS AND CONDITIONS

Unless any such modification is outside of the control of the HKICL or is required by law to be imposed immediately, the HKICL shall provide at least 30 days prior notice of all modifications to these Terms and Conditions and any other terms and conditions applicable to the e-Cheque Drop Box Service that are within its control. Continued use of the e-Cheque Drop Box Service after the posting of any amended terms and conditions and the expiry of any applicable notice shall constitute agreement to be bound by any such changes.

16.

INTELLECTUAL PROPERTY RIGHTS

All contents of the e-Cheque Drop Box Service Platform including, but not limited to, the text, graphics, links and sounds are the copyright of the HKICL and may not be copied, downloaded, distributed or published in any way without the prior written consent of the HKICL.

The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the e-Cheque Drop Box Service are registered or common law trademarks of the HKICL, its holding company or relevant banks. Nothing contained in the e-Cheque Drop Box Service may be construed as granting, by implication, or otherwise, any license or right to use any of the Trademarks displayed on the e-Cheque Drop Box Service without the written consent of the HKICL or as otherwise expressly provided for in these Terms and Conditions. Your use of any of the Trademarks displayed on the e-Cheque Drop Box Service or displayed on any content on the e-Cheque Drop Box Service is strictly prohibited save as aforesaid.

17.

JURISDICTION AND RESTRICTIONS

The e-Cheque Drop Box Service is provided by the HKICL and maintained in the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”). These Terms and Conditions shall be governed by and construed in accordance with the laws of Hong Kong. You and the HKICL hereby agree to submit to the exclusive jurisdiction of the Hong Kong courts.

18.

NO UNLAWFUL OR PROHIBITED USE

You are prohibited from using the e-Cheque Drop Box Service for any unlawful purpose or in contravention of these Terms and Conditions or any other applicable terms and conditions. Hacking, password mining, or any other method of gaining unauthorized access to the e-Cheque Drop Box Service or any e-Cheque Drop Box Account is strictly prohibited. The HKICL will fully cooperate with any law enforcement authorities or assist in the enforcement of any court order requesting the disclosure of relevant information or otherwise in relation to any unlawful or prohibited use of or access to the e-Cheque Drop Box Service.

19.

THIRD PARTY RIGHTS

19.1

Unless expressly provided to the contrary in these Terms and Conditions, a person who is not a party has no right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) to enforce or to enjoy the benefit of any term of these Terms and Condition.

19.2

Notwithstanding any other term of these Terms and Conditions, the consent of any person who is not a party is not required to rescind or vary these Terms and Conditions at any time.

20.

SPECIAL HANDLING (TYPHOON AND OTHER SPECIAL CIRCUMSTANCES)

20.1

In the event of a typhoon warning or rainstorm warning signal being issued by the Hong Kong Observatory, the e-Cheque Drop Box Service will operate as usual but subject always to the service availability of the corresponding bank. Accordingly, the clearing and settlement of e-Cheques may be delayed as a consequence of the issuing of any such signal.

20.2

The e-Cheque Drop Box Service for a corresponding bank will be suspended if such bank’s clearing and settlement service is refused by the HKICL.

Last revision date: February 2021

e-Cheque Drop Box – Terms and Conditions