Terms & Conditions
YOU MUST READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THE INTERNET TRADING SERVICES ON OUR WEBSITE. BY REGISTERING TO USE THE INTERNET TRADING SERVICES ON OUR WEBSITE, YOU ARE DEEMED TO HAVE READ, UNDERSTOOD, ACCEPTED AND BE BOUND BY THE TERMS AND CONDITIONS FOR THIS INTERNET TRADING SERVICES (“INTERNET CONDITIONS”).
1.1 In these Internet Conditions, unless the context requires otherwise, the following words and expressions shall have the following meaning:-
“Account Number” means the Internet securities trading account number allocated to you by CSBHK for the use of the Service;
“CSBHK” or “we” or “us” mean CITIC Securities Brokerage (HK) Limited;
“PIN” means the personal identification number allocated to you by CSBHK (which may be changed by you at any time) for you to log-in to use the Services;
“Services” means the Internet Trading Services; and
“Terms and Conditions” means the Terms and Conditions For Securities Trading and, if applicable, terms and conditions for other services and/or products provided by CSBHK and its Affiliates, as supplemented and varied by CSBHK from time to time.
1.2 Terms defined in the Terms and Conditions shall, unless the context otherwise requires, have the same meanings in these Internet Conditions.
1.3 Internet Conditions are subject to changes and may be amended or supplemented by notice, letter, publications or such other documents as may be issued from time to time by CSBHK.
1.4 Headings are used for convenience only and do not affect the interpretation of these Internet Conditions.
1.5 “You” or “you” include yourself, your executors, derivates, personal representatives, administrators, lawful successors, permitted assigns and Authorized Persons.
2. Trading Services
2.1. If you are using the Services, you must be already an account holder registered for our Internet trading account and/or such other account(s) at CSBHK for use via the Services.
2.2. You must read the terms and conditions in these Internet Conditions before giving instructions for dealing in securities and agree to be bound by the terms and conditions in these Internet Conditions.
2.3. You acknowledge that in providing the Services to you, we have relied upon your agreement to be bound by these Internet Conditions and the Terms and Conditions.
2.4. You acknowledge and agree that we shall have the sole right to determine, change and vary from time to time the scope of the Services, including without limitation:-
(a) imposing and varying any restrictions on the application and use of and access to the Services from time to time; and
(b) expanding, reducing or otherwise modifying the Services at any time.
2.5 All information, data, materials and opinions appearing on this website are made available to you by us in good faith and from sources believed to be reliable. They are provided on an “as is” basis for your information only and are subject to changes without notice at any time.
3.1 We will charge you fees and commissions calculated at such rate and on such basis as we may from time to time determine and notify you.
3.2 We reserve the right to impose subscription fees/ charges for using the Services.
4.1 You are required to quote your Account Number and the PIN and any other identifiers as may be prescribed by us from time to time in order to log-on to the Services and give instructions to us.
4.2 You agree that the Authorized Person(s) shall be the only authorized user(s) of the Services, and shall be solely responsible for the confidentiality, security and use of the PIN and Account Number provided to you by CSBHK.
4.3 You acknowledge and agree that, as a condition of our provision of Services, you shall immediately notify us if:-
(a) after giving an instruction, you have not received any order acknowledgement or the order acknowledgement contains incorrect details; and
(b) you become aware of any unauthorized use of the Account Number and PIN.
4.4 We will acknowledge the receipt of your instruction to deal in securities through Internet by assigning to you an order acknowledgment reference number. The order acknowledgment reference number will be displayed on screen. Such order acknowledgment reference number shall be deemed to have been received by you immediately after the relevant instruction confirmation webpage containing the order acknowledgement reference number is displayed on the screen and it is your duty to print a copy of the relevant webpage containing the assigned order acknowledgment reference number and the amount required for your personal records. If no order acknowledgment reference number is assigned to you, you must repeat the instruction process.
4.5 You should be aware that an order acknowledgement from us or on our behalf that an instruction to deal in securities has been received does NOT constitute an acceptance by us of your instruction or indicate that we will process your instruction immediately. Your instruction will only be processed once your payment amount (including all relevant brokerage, transaction levies, fees, costs, charges and duties) is fully received by CSBHK and has followed our settlement procedures and the Terms and Conditions and these Internet Conditions.
4.6 Unless otherwise specifically agreed by us in advance, we will not execute any instructions given until we are satisfied that there are sufficient cleared funds, securities or other assets acceptable to us to settle the transactions and any related costs and expenses.
4.7 We may, at any time and without notice to you, combine or consolidate the Securities Account(s) and all accounts you held with us and set-off or transfer any sums standing to the credit therein towards the satisfaction of your liabilities and moneys due to us and/or our Affiliates.
4.8 Any instruction given through the Services shall contain the Account Number, the PIN and such other details of you as may be required by us from time to time. All such instructions given, as acted on by us in good faith, shall be irrevocable and binding on you whether given by you or by any other person purporting to be you. We shall be under no duty to verify the identity or authority of the person giving any such instruction or the authenticity of such instruction apart from verifying the Account Number, the PIN and such other identifiers (if any).
4.9 You acknowledge and agree that in case we are aware of or suspect a breach of security or any other suspicious circumstances in connection with the access to or use or operation of the Securities Account(s) or the Services generally, we may in our absolute discretion, refuse to act on or suspend or reject the instruction or, as the case may be, withdraw or cancel the acknowledgement of instruction without notice to you and we shall not be responsible for any liabilities, losses, demands, actions, objections, claims and/or damages in connection therewith.
4.10 You acknowledge and agree that we have no duty to verify the authenticity of any instructions or the identity or authority given by you other than the PIN assigned to you.
4.11 You recognize and acknowledge that order acknowledgement may be processed not instantly but as soon as practicable.
4.12 You hereby confirm that when instructing us to deal in the securities, you are not relying on any information which does not form part of these Internet Conditions and the Terms and Conditions. No warranty or representation whether express or implied, on the accuracy, completeness and correctness of the information provided by us is given .
4.13 Without prejudice to these Internet Conditions and the Terms and Conditions, we reserve the right to withhold, suspend or refuse to accept and/or process your instructions and the right to refuse to act for you or suspend the Securities Account(s), Internet trading account and/or your other account(s) with us without notice and without liabilities if we in our absolute opinion believe that you may not be eligible to deal in the securities or you are not already an account holder with CSBHK or your information or data is or is likely to be incorrect or incomplete or inconsistent or misleading. We reserve the right to require proof of your status and eligibility before accepting and/or processing your instruction and to seek your written confirmation of the information and data provided by you by notice at any time.
5. Account Number and PIN
5.1. You are solely responsible for the confidentiality, use and application of the PIN and the Account Number.
5.2. You acknowledge and agree that you will be solely responsible for all instructions entered through the Services using the PIN.
5.3. You will act in good faith, exercise reasonable care and diligence in keeping the Account Number and the PIN in strict secrecy. At no time and under no circumstances will you knowingly or inadvertently share or disclose the Account Number and the PIN to any other person or permit the username and PIN to come to the possession, knowledge or control of any other person.
6. Disclaimer and Indemnity
6.1 You acknowledge and agree that the provision of the Services is not guaranteed and is subject to various risks, including without limitation, the risk of system failure or deficiencies or errors, unavailability of or restriction to services, defects, miscommunication, transmission errors and delay, emergency, loss, unauthorized use or leakage of data or information (including personal data), blackout, backlog, bugs and virus attack and contamination, mechanical and electronic equipment failure, fault, corruption, deletion, interception, configuration problems, access failure, Internet traffic delay, breakdown, malfunction and interruption of server or system (and maintenance thereof) and that none of the Relevant Persons (as defined below) assumes any liability or responsibility (express or implied) to you or to any other persons or entities for any consequences arising therefrom or in connection therewith.
6.2 You accept that clearance and transfer of funds may not be processed on the same day and are subject to system clearance delay, suspension, disruption and rejection.
6.3 None of the Relevant Persons will be responsible or liable (express or implied) to you or any person or entities for any consequential, incidental, special, direct or indirect losses or damages (whether contractual, tortuous, statutory, strict, civil or criminal so far as to the extent permitted by law) in particular economic loss, that may incur or arise as a result of or in connection with or arising from any inconvenience, termination, non-availability, disruption, restriction, suspension of the Services, omission, incorrectness, incompleteness, inaccuracy or misrepresentation in or reliance on any material or opinion or information appearing on this website (unless otherwise specifically provided for) or delay or loss of information or data over the use of Internet or delay in accepting or suspension or refusal to accept your instruction to deal in securities or other services or products or delay in conducting or processing or suspension or refusal to conduct or process your instructions or delay in processing or withdrawal or suspension or cancellation of acknowledgement of information or order.
6.4 We and our Affiliates and the respective shareholders, directors, officers, employees and agents of any of us and our Affiliates (collectively the “Relevant Persons”) do not accept responsibility or liability for any disclosure, loss, miscommunication or misuse or unauthorized use of your PIN, Account Number and order number or any of these and/or power supply failure or deficiencies or errors of equipment and/or any other causes beyond our control; nor shall CSBHK be liable for any consequential, incidental, special, direct or indirect losses or damages, claims, costs, proceedings, enforcement of settlement, investigations, enquiries, liabilities, demands or actions of whatever nature arising from or in connection with your use of this website or the Services.
6.5 Upon notice or becoming suspicious of the Account Number and/or the PIN being disclosed to or misused by or may have otherwise come into the possession, knowledge or control of any unauthorised person (actual or inadvertently) or any unauthorised use of the Services being made, you will notify us immediately (and we may ask you to confirm in writing any details given) and, until our actual receipt of such notification, we shall be entitled to accept and rely on all instructions and communications made through the Internet in accordance with these Internet Conditions and the Terms and Conditions and you will remain solely responsible for any and all use of the Services in particular placing of orders and securities and fund transfer, withdrawal or other movement by unauthorised persons or for unauthorised purposes. All unauthorized entry or access to or use of our website or system or information or the Services or Account Number or PIN, order number is strictly prohibited.
6.6 You undertake to indemnify upon demand the Relevant Persons and keep the Relevant Persons harmless against losses, damages, costs, liabilities, claims, demands and actions arising from your use of this website or the Services, your breach of any of the provisions of these Internet Conditions, your violation of laws, rules and regulation, and/or all our acts and deeds and forbearances taken for and on your behalf (and for and on behalf of persons and entities, whether alone or jointly, for whose benefit you are giving us your instructions to make the application) hereunder.
6.7 You are solely responsible for undertaking your own protective and back up measures and other precautions from virus attacks and destructive properties. No warranty or representation or assurance or guarantee on third party software or application used in this website or third party service provider’s services, or its suitability, content, performance, accuracy, reliability, completeness, timeliness or otherwise, express or implied, is given or accepted by CSBHK.
7. Personal Data
7.1 Without prejudice to the circular relating to the Personal Data (Privacy) Ordinance of Hong Kong contained in the Terms and Conditions (the “Circular”), you understand that you may have been or may in the future be requested to supply personal information or data from time to time to us and our Affiliates relating to yourself, and in connection with various matters including but not limited to the opening and continuation of Securities Account(s), the provision of our services and products to you, us and/or our Affiliates and the carrying out of the transactions contemplated under any services applied for by you and further information and data shall or may be collected from you from time to time in the course of the continuation of the account relationship (all such information is referred to as “Privacy Data”).
8. Intellectual Property Rights
8.1 All title, copyrights and other intellectual property rights in the collected data and information, logo, trademarks, service marks, materials and this website are vested in and remain with CSBHK as afforded and protected by the applicable laws. You agree and acknowledge that you will not distribute, use, store, copy, reproduce, modify or transmit any part(s) of this website and the content(s) thereof other than for your private personal use and nothing in these Internet Conditions or in this website shall be construed as granting or parting with any licence or right of CSBHK to you and/or to any third party.
8.2 Without prejudice to our other rights and remedies, we are entitled to suspend, withdraw, cancel, amend or terminate any account, the PIN, Account Number at any time without notice to you if we suspect or realize any breach or alleged breach of these Internet Conditions and/or the Terms and Conditions. You are under a duty to inform us forthwith if our intellectual property rights are infringed or violated in any way.
8.3 You shall not, and shall not attempt to tamper with, reverse-engineer, translate, convert, adapt, alter, modify, enhance, decompile, add to, delete or in any way gain access to, any part of the Services or any Internet site or any software comprised in them.
9.1 The Services provide an additional means for you to accept the services and products with us. Transactions and dealings effected by using the Services are subject to these Internet Conditions, which is to be read in conjunction with the Terms and Conditions and other related terms issued by us (including but without limitation the Circular). In case there is any discrepancy between these Internet Conditions and the Terms and Conditions and other related terms issued by us, these Internet Conditions shall prevail for the purposes of the Services.
9.2 Each of the provisions contained in these Internet Conditions is severable and distinct from the others and, if at any time one or more of such provisions is or becomes illegal, invalid or unenforceable in any respect under the laws of any jurisdiction, the legality, validity or enforceability of the remaining provisions shall not be affected in any way.
9.3 Should you leave this website via a link contained herein, and view any content that is not provided by us, you do so at your own risk and we are not responsible for any damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such site, whether actual, alleged, consequential or punitive. We make no guarantees or representations as to, and shall have no liability for, any electronic content delivered by any third party and we are not responsible for the accuracy, subject matter, quality or timeliness of any electronic content.
9.4 All transactions are subject to the laws of Hong Kong and the governmental, and regulatory requirements (including but not limited to those promulgated by the Stock Exchange and the SFC).
9.5 These Internet Conditions shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”). The parties hereto submit to the non-exclusive jurisdiction of the Courts of Hong Kong.
9.6 The information and material appearing on and Services provided through this website are made available to you and you are deemed and hereby confirm to be free from any restriction or prohibition of use or access to this website under the laws and regulations of jurisdiction where you reside or establish a place of business.
10.1 You have also carefully considered and understood the services and products offered herein as well as the risks involved (including loss of investments and costs), in light of your investment experience, objectives, financial recourses and other circumstances applicable to you. You should make your own appraisal of the risk and consult to the extent necessary your own legal, tax, financial or other professional advisors in respect of any securities mentioned in this webstie prior to entering into any transaction.
10.2 Nothing herein shall be construed or taken as an offer or solicitation to sell or purchase or deal in investments or securities or services or products in any way in any jurisdiction where or to any person or entity to whom such offer or solicitation is restricted or prohibited.
10.3 You have carefully read and understood and agreed to observe all the above requirements stated herein and have agreed to accept and be bound by all the above terms and conditions in these Internet Conditions.
10.4 The Terms and Conditions shall continue to be applicable to and binding on you. In the event of inconsistency between the Terms and Conditions and these Internet Conditions, the Terms and Conditions shall prevail.
10.5 The English version of these Internet Conditions shall prevail wherever there is a discrepancy between the English version and the Chinese version.