PLEASE READ AND UNDERSTAND THESE TERMS AND CONDITIONS BEFORE YOU REGISTER FOR MOBILE SECURITY KEY FOR ELECTONIC TRADING SERVICES. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT REGISTER FOR MOBILE SECURITY KEY
1. Definitions and Interpretation
1.1 In these Terms and Conditions, the following words shall have the following meanings:
"App” means the Haitong International trading mobile applications (as updated from time to time) which can be downloaded to any desktop or mobile device which runs an operating system supported by us, through which you can access some of the trading services provided by us;
"Hong Kong" means the Hong Kong Special Administrative Region of the People's Republic of China;
"Include" means include, without limitation, and "includes" and "including" shall be construed accordingly;
"Mobile Security Key" means a feature within the App which is a software based Security Device used to generate a one-time Security Code, as we may provide from time to time pursuant to these Terms and Conditions;
"Other Account Terms and Conditions" means Account Terms and Conditions of cash securities, margin securities, futures trading accounts, and any other applicable agreements or terms and conditions governing the accounts, services and products provided by us, as may be amended from time to time;
"Permitted Mobile Device" means such Apple device and compatible Android device running an operating system version as we specify from time to time, or any other electronic devices or equipment which we may enable for using Mobile Security Key from time to time.
"We" and "us" means Haitong International Securities Group Limited and its successors and assigns, and "our" and "ours" shall be construed accordingly; and
"you" means each person to whom we provide accounts or services pursuant to the Other Account Terms and Conditions, and, where the context permits, includes any individual authorized by you to give instructions relating to any accounts, services or products provided by us to you; and "your" and "yours" shall be construed accordingly.
1.2 In these Terms and Conditions, words importing the singular include the plural and vice versa and words importing a gender include every gender. Unless otherwise stated, reference to Clauses means the clauses of these Terms and Conditions.
2. Supplemental to the Other Account Terms and Conditions
These Terms and Conditions supplement each of the Other Account Terms and Conditions. If there is any inconsistency between the provisions of these Terms and Conditions and the provisions of any Other Account Terms and Conditions, the provisions of these Terms and Conditions shall prevail insofar as Mobile Security Key is concerned.
3. Mobile Security Key
3.1 Mobile Security Key provides an alternative means of verifying your identity for accessing the Haitong International Electronic Trading services via the App. You may register the Mobile Security Key on your Permitted Mobile Device by completing the steps specified by us. Once successfully registered, you have to use the password associated with the Mobile Security Key to generate a one-time Security Code as a second verification for accessing the Haitong International Electronic Trading services via the App.
3.2 Our provision and your use of Mobile Security Key are subject to these Terms and Conditions. Once you register for Mobile Security Key, you will be regarded as having accepted and will be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, please do not register for Mobile Security Key.
3.3 You may deactivate Mobile Security Key at any time by completing the steps specified by us. Once deactivated, you may continue to access the Haitong International Electronic Trading services via the App by using your other Two-factor Authentication method provided by us or re-register for Mobile Security Key.
3.4 We have the right to specify or vary from time to time the scope and features of
Mobile Security Key without prior notice.
4. Your confirmation and responsibility
4.1 In order to use Mobile Security Key:
(a) you must be a valid user of the Haitong International Electronic Trading services;
(b) you must install the App using your Permitted Mobile Device;
(c) you must register a password for the Mobile Security Key on your Permitted Mobile Device; and
4.2 You should take all reasonable security measures to prevent unauthorized or fraudulent use of Mobile Security Key, including the following measures:
(a) you should take reasonable precautions to keep safe and prevent loss or fraudulent use of your Permitted Mobile Device, Haitong International Electronic Trading username and password, and the Mobile Security Key password. You should observe the security recommendations provided by us from time to time about the use of Mobile Security Key;
(b) you must not use the App or Mobile Security Key on any mobile device or operating system that has been modified outside the mobile device or operating system vendor supported or warranted configurations. This includes devices that have been "jail-broken" or "rooted". A jail-broken or rooted device means one that has been freed from the limitations imposed on it by your mobile service provider and the phone manufacturer without their approval. The use of the App or Mobile Security Key on a jail-broken or rooted device may compromise security and lead to fraudulent transactions. Download and use of the App or Mobile Security Key in a jail-broken or rooted device is entirely at your own risk and we will not be liable for any losses or any other consequences suffered or incurred by you as a result;
(c) if you are aware of or suspect any unauthorized use of your Permitted Mobile Device or Haitong International Electronic Trading username and password or Mobile Security Key password for effecting Mobile Security Key, you should notify us as soon as reasonably practicable by calling our Customer Service Hotline at (852) 3583 3388 or 400 001 1822 in office hours. We may require you to change your Haitong International Electronic Trading username and password, re-register Mobile Security Key.
4.3 All instructions received by us with your identity verified through the Mobile Security Key shall be binding on you. You are liable for such instructions and all resulting transactions in accordance with the provisions of the Other Account Terms and Conditions.
5. Limitation of our liability
5.1 Mobile Security Key is provided on an "as is" and "as available" basis. We do not warrant that Mobile Security Key will be available at all times, or that it will function with any electronic equipment, software, system or other Haitong International Electronic Trading services that we may offer from time to time.
5.2 We are not liable for any loss, damages or expenses of any kind incurred or suffered by you arising from or in connection with your use of or inability to use Mobile Security Key unless it is caused solely and directly by the negligence or willful default on our part or on the part of our employees or agents.
5.3 Under no circumstances are we liable for any indirect, special, incidental, consequential, punitive or exemplary loss or damages, including loss of profits, loss due to business interruption or loss of any programme or data in your Permitted Mobile Device.
6. Modification, suspension and termination of Mobile Security Key
We have the right to modify, suspend or terminate Mobile Security Key or its/their use by you at any time without giving prior notice or reason where we reasonably consider necessary or advisable to do so. These cases may include actual or suspected breach of security. If your Mobile Security Key is terminated or suspended, you will need to apply other Two-factor Authentication method provided by us for accessing services of Haitong International Electronic Trading.
7. Revision of these Terms and Conditions
We have the right to revise these Terms and Conditions and/or introduce additional terms and conditions (including fees and charges) from time to time by giving prior notice. We may give notice by display, advertisement or other means as we consider appropriate. You will be bound by any variation if you use Mobile Security Key on or after the effective date of the variation.
8. Governing law
These Terms and Conditions shall be governed by and construed in accordance with Hong Kong law. You submit to the non-exclusive jurisdiction of the Hong Kong courts but these Terms and Conditions may be enforced in the courts of any competent jurisdiction.
9. Miscellaneous
9.1 Each provision of these Terms and Conditions is severable from the others. If at any time any provision is or becomes illegal, invalid or unenforceable in any respect under Hong Kong law or the laws of any other jurisdiction, the legality, validity or enforceability of the remaining provisions shall not be affected in any way.
9.2 We may assign or transfer all or any of our rights and obligations under these Terms and Conditions to any member of the Haitong International Securities Group without your prior consent.
9.3 The English version of these Terms and Conditions shall prevail wherever there is any inconsistency between the English and the Chinese versions.
Apple is a trademark of Apple Inc., registered in the United States of America and other jurisdictions.
AndroidTM is a trademark of Google Inc.