Terms and Conditions for Software Token

PLEASE READ AND UNDERSTAND THESE TERMS AND CONDITIONS (“TERMS”) BEFORE YOU REGISTER FOR SOFTWARE TOKEN FOR ELECTONIC TRADING SERVICES. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT REGISTER FOR THE SOFTWARE TOKEN.

These Terms and Conditions (these"Terms") apply to the use of Software Token together with:

Terms and expressions used in these Terms shall have the same respective meanings as defined in the Account Terms and Conditions unless otherwise defined below.

1. Definitions and Interpretation

  1. In these Terms, the following words shall have the following meanings:
    "Account Terms and Conditions"means the 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;

    "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;

    “One Time Password” means a one-time security code generated by the Software Token Mobile Application and is one of your security details.

    "Software Token"means the device or software having the feature to be used to generate a unique, one-time security code (also known as One Time Password (“OTP”)) each time you log on to the Electronic Trading Platform, as we may provide from time to time pursuant to these Terms;
    "Software Token Mobile Application" means the application of the Software Token which can be downloaded to install in electronic devices from relevant authorized mobile application stores;
    "Electronic Trading Platform” means the online/internal/electronic trading platform or application supporting you to access to the services of Haitong International (as updated from time to time) which can be downloaded to any desktop or electronic device which runs an operating system supported by us, through which you can access some of the trading services provided by us;
    "We" and "us" means Haitong International 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 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.
  2. In these Terms, words importing the singular include the plural and vice versa and words importing a gender include every gender. Unless otherwise stated, the reference to Clauses means the clauses of these Terms.

2. Supplemental to the Account Terms and Conditions

These Terms supplement the Account Terms and Conditions. If there is any inconsistency between the provisions of these Terms and the provisions of any Account Terms and Conditions, the provisions of these Terms shall prevail insofar as Software Token is concerned.

3. Software Token Mobile Application

  1. Software Token Mobile Application provides an alternative means of verifying your identity for accessing the Electronic Trading Platform of Haitong International. You may register and activate the Software Token on any device that supports this functionality by completing the steps specified by us or the Software Token Mobile Application. Once successfully registered, you have to use the password or Personal Identification Number (“PIN”) associated with the Software Token to generate an OTP for accessing the Electronic Trading Platform.
  2. Our provision and your use of Software Token Mobile Application and Software Token are subject to these Terms. Once you register for the Software Token, you will be regarded as having accepted and will be bound by these Terms. If you do not accept these Terms, please do not register for Software Token.
  3. You may deactivate Software Token at any time by completing the steps specified by us or the Software Token Mobile Application. Once deactivated, you may continue to access the Electronic Trading Platform by using your other Two-factor Authentication (“2FA”) method provided by us or re-register for Software Token any time.
  4. Updates to the Software Token Mobile Application may be issued periodically through the supplying application stores. For some devices and subject to any manual settings, updates will be downloaded automatically. If this does not happen, you will need to download the update yourself.
  5. We have the right to specify or vary from time to time the scope and features of Software Token without prior notice.

4. Your confirmation and responsibility

  1. You must comply with all applicable laws and regulations that govern your download, access and use of the Electronic Trading Platform and Software Token.
  2. You should take all reasonable security measures to prevent unauthorized or fraudulent use of Software Token and security information, including the following measures:
    1. you should take reasonable precautions to keep safe and prevent loss or fraudulent use of your electronic device, your Account username and password, and the Software Token password/PIN. You should observe the security recommendations provided by us from time to time;
    2. you must not use the Electronic Trading Platform or Software Token on any electronic device or operating system that has been modified outside the electronic 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 network operator and the phone manufacturer without their approval. The use of the Electronic Trading Platform or Software Token on a jail-broken or rooted device may compromise security and lead to fraudulent transactions. Download and use of the Electronic Trading Platform or Software Token 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;
    3. if you are aware of or suspect any unauthorized use of your electronic device or Account username and password or Software Token password/PIN for effecting Software Token, you should notify us as soon as reasonably practicable by calling our Customer Service Hotline at (852) 3583 3388 or (86) 755 8266 3232 in office hours. We may require you to change your online trading username and password or re-register Software Token.
  3. You will be responsible for all instructions given by you or anyone acting with your authority by the time you log on to the Electronic Trading Platform until you log off the Electronic Trading Platform.
  4. You undertake to indemnify and keep indemnified us and our officers, employees and agents in respect of any losses whatsoever which may be reasonably and properly suffered or incurred by us directly or indirectly arising out of or in connection with your use or failure to properly use of the Software Token or breach by you of your confirmations hereunder.

5. Limitation of our liability

  1. Software Token is provided on an "as is" and "as available" basis with no representation, guarantee or agreement of any kind as to its functionality. We do not warrant that Software Token will be available at all times, or that it will function with any electronic equipment, software, system or other Electronic Trading Platform of Haitong International that we may offer from time to time.
  2. We, including our directors, employees or agents, 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 Software Token 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.
  3. Under no circumstances are we, including our directors, employees or agents, liable for any indirect, special, incidental, consequential, punitive or exemplary loss or damages, including loss of profits, loss due to business interruption delay or loss of any programme or data in your own devices.

6. Modification, suspension and termination of Software Token

We have the right to modify, suspend or terminate Software Token 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 Software Token is terminated or suspended, you will need to apply other 2FA method provided by us for accessing electronic trading services of Haitong International.

7. Revision of these Terms

We have the right to vary these Terms from time to time. We will give you prior notice in a manner we consider appropriate, including but not limited to post or email. You will be bound by the amended terms if we do not receive notice from you to terminate the Electronic Trading Platform and Software Token before the date on which that amended terms takes effect.

8. Governing law

These Terms are governed by and will be construed in accordance with Hong Kong law. You agree to submit to the non-exclusive jurisdiction of the Hong Kong courts but these Terms may be enforced in the courts of any competent jurisdiction.

9. Miscellaneous

  1. Each provision of these Terms 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.
  2. We may assign or transfer all or any of our rights and obligations under these Terms to any member of the Haitong International without your prior consent.
  3. The English version of these Terms shall prevail wherever there is any inconsistency between the English and the Chinese versions.

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