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Telephone Banking Service Agreement


 

1. Introduction

This Agreement (the "Telephone Banking Service Agreement" or this Agreement) contains the terms and conditions governing services available to you under the Bank of China (Canada) telephone banking services. You understand and agree to abide by all the terms and conditions of this Agreement. This Agreement replaces all prior agreements between you and the Bank for your use of telephone banking services.

2. Definition

In this Agreement, the following terms shall be defined as below:

"Account or Accounts" means any account you have with us, including personal or business account.

"BOCC" means Bank of China (Canada) and any of its branches, whichever holds your account, which will also be referred to as "Bank", "us", "we", or "our".

"Losses" means any and all damages, claims, fines, penalties, deficiencies, losses, liabilities (including settlements and judgments), costs and expenses (including interest, court costs, reasonable fees and expenses of lawyers, accountants and other experts and professionals or other reasonable fees and expenses of litigation or other proceedings or of any claim, default or assessment), including, without limitation, indirect, incidental, special, punitive or consequential losses or damages, loss of profits, loss of revenue, loss of business opportunities, or any other foreseeable or unforeseeable loss resulting directly or indirectly out of this Agreement or the services provided to you, even if the Bank was advised of the possibility of damages or was negligent.

"Telephone Banking Service" means a financial service BOCC provides to its Customer(s) who call the customer service hotline through public communication, mobile communication or integrated telephone line. Telephone Banking Services include but are not limited to reporting a loss, such as a passbook or debit card, requesting a stop-payment on a cheque, enquiring about an account balance, foreign exchange rate or requesting a password reset and any other services, information or transactions that we may make available.

"Telephone Banking Password" means a six-digit numerical password the customer shall enter in order to access the Telephone Banking Service. The initial Telephone Banking Password is automatically generated by the system when the customer applies for telephone banking and may be subsequently changed by the customer following logon to the telephone banking.

"You" and "your", "customer" refers to you, a Bank of China (Canada) customer applying for or using the Telephone Banking Services and includes joint account holders In case of Corporate Customers; "You" and "your" will mean both the business and you as an individual user, wherever these terms are used throughout this Agreement

3. Your Rights and Obligations

  • (1) You apply for Telephone Banking Service agrees to abide by the terms and conditions contained in this Agreement or any subsequent amendments. Upon Bank's approval, you may use the relevant Telephone Banking Service.
  • (2) To access the Telephone Banking Service, make a suggestion or file a complaint you can call the customer service hotline at 1-844-669-5566, or log on to the BOCC website or visit any of its branches.
  • (3) You may cancel the Telephone Banking Service at any time subsequent to Bank's approval of your application.
  • (4) You understand and acknowledge that the Telephone Banking Service provided by BOCC is a financial service the Bank provides through public communication systems, mobile communication or integrated telephone line, and the interruption, halt or delay of information transmission or data transmission errors or time lag may take place when you use the Telephone Banking Service by the foregoing means. The Bank assumes no liability for any Losses howsoever caused.
  • (5) To ensure and prevent any unauthorized activity resulting from the use of your Telephone banking Service or Telephone Banking Password by any person or through careless handling of your mobile device you shall establish a secure mechanism for telephone banking use to effectively prevent financial and other Losses. You shall properly keep customer identification number,, Account number (s), any password(s) including the Telephone Banking Password and change these from time to time. Your use of the Telephone Banking Service shall be deemed to be conducted by you and all electronic records generated shall constitute legitimate proof of the Telephone Banking Service transaction. You shall, immediately after finding the Telephone Banking Password has been compromised, divulged, altered or forgotten, apply to have it reset. The Bank assumes no liability for theft of your information due to your failure to apply for password reset.
  • (6) The Bank's electronic records of any Telephone Banking Service conducted by you shall be final. Both Parties agree that the computer records of BOCC are authentic, accurate and lawful.
  • (7) You may use the Telephone Banking Service on a 24/7 basis.

4. Rights and Obligations of the Bank

  • (1) BOCC will provide you with an advance notice of any cancellation, suspension or modification of Telephone Banking Service or any modification of this Agreement, service hours, customer service hotline telephone number, or any other changes. Such notice may be given by regular mail, being posted in any of our branches, on our website or as a pre-recorded message on our telephone system. If you do not accept such modifications, you may choose to cancel Telephone Banking Service by filling out a Bank's form available at any branch. Your failure to cancel and subsequent usage of Telephone Banking Service shall be deemed to be an acceptance of such modifications.
  • (2) If you breach of any of the terms of this Agreement the Bank shall have the right to terminate the Telephone Banking Service at its sole discretion.
  • (3) You understand and agree that, in addition to those limitations of liability set out elsewhere in this Agreement, we will be liable to you only for direct damages resulting from our gross negligence, fraud or willful misconduct arising directly from the performance by us of our obligations under this Agreement and we will not be liable to you for any other damages. Gross negligence means conduct which is (a) a marked and flagrant departure from the conduct ordinarily expected of a reasonable and prudent person in our position, or (b) so wanton and reckless as to constitute an utter disregard for harmful, foreseeable and avoidable consequences.
  • (4) You shall indemnify the Bank against any claim, liability, or Losses asserted against or incurred by the Bank arising from or in connection with your use of the Telephone Banking Service, including but not limited to any claim that use of a Telephone Banking Service is not a commercially reasonable means of providing security against unauthorized transactions.
  • (5) The Bank shall keep confidential any application materials, account information and other materials provided by you in accordance with the Customer privacy Policy.

Certain exceptions apply:

    • i. The Bank may exchange such information with its employees, agents, affiliates, or parent bank in circumstances deemed necessary or appropriate by the Bank;
    • ii. If and when the Bank selects an agent to act as service provider for the Telephone Banking Service product, such agent may encounter information about your account(s), Telephone Banking Service transactions;
    • iii. When you agree in writing that the Bank may disclose specific information;
    • iv. When you have named BOCC as credit reference;
    • v. When the Bank is required by law to disclose such information e.g. the Bank receives a subpoena, summons, search warrant, court order.
  • (6) We may charge you for certain services, for example stop-payment requests, but we will disclose these charges in in our Disclosure Statement.

5. Governing Law

Any disputes arising from or related to this Agreement, Telephone Banking Service provided to you by BOCC shall be governed by the laws of the Province where your Home Branch is located (without reference to the conflict of law rules thereof), as well as applicable federal laws, rules and regulations. All actions, suits or proceedings in connection with the transactions contemplated by this Agreement shall be brought to a court of competent jurisdiction in the Province where your Home Branch is located. By execution and delivery of this Agreement, each Party hereby irrevocably submits to the jurisdiction of such a court without, however, waiving any immunity, right of removal, or other right each party may have. Quebec Only: You confirm that you prefer this Agreement and any related documents be in English.

Vous confirmez préférer que cette convention et les documents s'y rattachant soient rédigés en anglais.

6. Other Agreements

In addition to this Agreement, you agree to comply with, and be bound by other written agreements as the Bank may furnish to you (whether in connection with this service or not), including but not limited to our account opening agreement and online banking agreement.

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