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Terms and Conditions for Renting of Safe Deposit Box (“Terms and Conditions”)
In these Terms and Conditions:
“Box” means the safe deposit box provided by Premium to the Renter pursuant to these Terms and Conditions.
“Premium” means [Premium Safe Deposit Box Limited, Premium Safe Deposit Box (Kadoorie) Limited, Premium Safe Deposit Box (Kowloon Bay) Limited, Premium Safe Deposit Box (Quarry Bay) Limited, Premium Safe Deposit Box (Smithfield) Limited] and/or their respective successors and assigns.
“Keys” means the keys provided by Premium to the Renter for the purpose of enabling the Renter to use and operate the Box pursuant to these Terms and Conditions.
“Access Cards” means the cards provided by Premium to the Renter for the purpose of enabling the Renter to access the vault pursuant to these Terms and Conditions.
“Renter” means any person to whom Premium has provided the Box pursuant to these Terms and Conditions and, where the context permits or requires, includes a joint renter and their respective personal representatives and lawful successors.
“Schedule” means all lease details and/or terms including the Renter information, lease plan, lease period, service fee and deposit agreed by both Premium and the Renter.
“Policy” means the insurance policy which copy is available for inspection at Premium’s office upon request.
Premium may at any time require the production by the Renter of his/her Hong Kong Identity Card or such other evidence of identification as Premium may think fit when applying to have access to the Box.
Subject to sooner determination as hereinafter provided, the period for the renting of the Box shall be the specific period of terms formulated by Premium from time to time stated out in the Schedule. The rental for any such period shall be payable on the signing hereof. Premium reserves the right to charge a service fee for any late payment of the rental at such rate as Premium may from time to time prescribe at its discretion. In the event of default in payment of the rental for three months, Premium will be entitled but not be bound to terminate the renting of the Box at any time thereafter without notice.
The Renter shall furnish Premium or shall cause to be furnished to Premium with his specimen signature or signatures or the specimen signature of any other person who will be authorised by the Renter to have access to the Box. In case a chop or seal is used by the Renter or by such other person as aforesaid to have access to the Box, the Renter shall furnish Premium or shall cause to be furnished to Premium with a specimen impression of such chop or seal. At the Renter’s own risk, Premium will be entitled to allow such person to have access to the Box as will present to Premium an applicant in Premium’s prescribed form for such purpose which application will bear such an impression of the chop or seal as in the opinion of Premium’s officer will correspond with the specimen impression furnished or caused to be furnished to Premium by the Renter or such other person as aforesaid.
The Renter undertakes to keep the Keys and Access Cards in safe custody at all time. The Renter shall use the Access Cards to gain access into the vault and use only the Keys and no other key to open the Box. The Keys and Access Cards will remain property of Premium and the Renter undertakes to surrender the Keys and Access Cards to Premium in good condition upon the termination of the renting of the Box.
Access to the Box may only be had during such business hours as Premium will from time to time announce. The Renter agrees to comply with such procedure rules and regulations governing the use and operation of safe deposit boxes from time to time adopted by Premium (“the said Rules”). If the signature or impression of the chop or seal on the said application form for access to the Box does not in the opinion of Premium’s officer correspond with the specimen kept by Premium, Premium will be entitled to refuse the application.
Should the Renter appoint any attorney, the Renter agrees that such appointment will be made in Premium’s prescribed form or in such other form as will be acceptable to Premium but not otherwise.
If in Premium’s opinion that there is an emergency, Premium will have the right to close the vault and suspend access to the Box at any time even during business hours and may require any one for the time being in the vault to leave there immediately.
Subject to the Terms and Conditions in the Policy, the insured aggregate limit per safe deposit box is HKD$1,000,000.00 and per article limit is HKD$200,000.00. The risk shall commence upon the customers’ completion of storing his/her properties at the designated safe deposit box and the risk shall cease upon retrieval of the properties or the property in concern is being removed from the designed safe deposit box. Premium shall be entitled to revise these Terms and Conditions of the insurance policy and/or introduce additional terms and conditions at any time and from time to time and any revision and/or addition to these Terms and Conditions of the insurance policy. The Renter also acknowledge and agrees that such Policy shall in any circumstances prevail and supersede all any previous oral and/or written agreement in respect of insurance.
Premium will have the right to refuse access to the Box in any of the following events:
The Renter undertakes not to use the Box for any illegal or unlawful purpose or for the storage of any explosive, inflammable liquid or any illegal, unlawful, dangerous or obnoxious article or article of an offensive or corrosive nature or such other thing as in Premium’s opinion is or may become a nuisance. The Renter undertakes to keep Premium fully indemnified against all actions proceedings, claims, damages, losses and costs which Premium may suffer, incur or sustain by reason or as a result or in consequence of any breach on the Renter’s part of this condition or any other terms or conditions herein contained or of the said Rules. If Premium should suspect that the Box contains such article as aforesaid or is being used for any unlawful purpose or otherwise in contravention of any of the terms or conditions herein or any of the said Rules Premium may call upon the Renter or the Renter’s attorney to open the Box for inspection. Should the Renter or the Renter’s attorney fail to open the Box as required, Premium may have the Box broken open at the Renter’s risks and costs, and deal with or dispose of the contents thereof at the Renter’s risks and costs as Premium may think fit.
If Premium wishes to effect any repair in any part of the vault where the Box is or to change the situation of the Box without having to open it Premium will be at liberty to terminate the renting of the Box by giving the Renter one month’s prior notice of Premium’s intention to do so, in which case Premium will refund to the Renter a proportionate part of the annual rental already paid to Premium for the unexpired period of the hire. If the Renter fails to surrender the Box to Premium at the expiration of the notice, Premium will be at liberty to effect the removal of the Box without any further notice, in addition to and apart from Premium’s rights under clause 18a hereof.
Premium may, without prior notice to or consent from the Renter, permit any judicial body, person (whether an individual or a company), government institution, law enforcement body upon obtaining and presenting a valid and binding court order in writing (the “Court Authorised Persons”) to have access to any information, records or documents in relation to the Box when requested to do so by any of such Court Authorised Persons, including having the Box broken open at the Renter’s risks and costs in such manner as Premium may in its absolute discretion think fit, and Premium will not be responsible for any damage or loss which the Renter may suffer or sustain by reason or as a result or in consequence thereof.
The Renter shall not assign, sublet or underlet the Box to anybody.
If the Renter should decide to cancel or discontinue the renting of the Box at any time before the expiration of the term stated in the Scehulde, the Renter shall not be entitled to any refund of the annual rental already paid or any part thereof.
Notwithstanding anything herein contained to the contrary, Premium may without assigning any reason terminate the renting of the Box by giving the Renter one month’s prior notice in writing of Premium’s intention so to do. In which case, the Renter shall be entitled to a refund of a proportionate part of the annual rental already paid in respect of the unexpired period of the renting.
Upon the termination of the renting of the Box for any reason whatsoever, the Renter shall at once open the Box, take out all the contents of the Box and return the Keys and Access Cards to Premium in good condition. Without prejudice to Premium’s right under clause 18a hereof, Premium will be entitled to charge rental for the Box until the Keys and Access Cards have been surrendered to Premium in the said condition.
18a. Premium’s right to break open the Box and to deal with and/or dispose of contents
If the Renter fails to open the Box and/or remove the contents thereof and return the Keys when called upon to do so in pursuance of any of the provisions herein or of the said Rules or when the renting of the Box is terminated for any reason whatsoever, Premium will without prejudice to any other remedy, be at liberty, without any further notice, to have the Box broken open and to have the contents thereof dealt with or disposed of at the Renter’s risks and costs in such manner as Premium may in its absolute discretion think fit, and Premium will not be responsible for any damage or loss which the Renter may suffer or sustain by reason or as a result or in consequence thereof. For the purpose of breaking open the Box and/or disposing of its contents, Premium may, but is not bound to, employ the services of a notary public, solicitor, auctioneer and/or other agents, contractors or workmen whatsoever. The Renter shall be responsible for all the costs to be incurred by Premium in carrying out the said breaking dealing and disposal operations, which shall include all disbursements to be paid by Premium for the services of a solicitor or notary public and auctioneer and other parties whatsoever. Without prejudice to the generality of the foregoing, Premium will have the right to sell the contents of the Box or any part thereof without any further notice to the Renter either by public auction or by private treaty and apply the proceeds thereof in payment of the costs to be incurred by Premium and any outstanding money owing to Premium, it being understood that the Renter shall make good the deficiency, if any, when called upon to do so.
18b. Premium’s right to release the contents
Subject to Premium’s rights herein, Premium may release the contents of the Box or any part thereof to the Renter or the Renter’s attorney(s) and a confirmation or receipt or acknowledgement therefor in whatsoever forms signed by the Renter or the Renter’s attorney(s) on the delivery by Premium of the said contents shall:
The Renter undertakes to notify Premium in writing immediately upon the loss of any of the Keys and/or the Access Cards and fill in such form regarding the loss as Premium may from time to time prescribe. The Renter shall not be entitled to have the Box broken open or to have its lock replaced except on such terms and conditions as will be acceptable to Premium. In any event Premium will not be responsible for any damage to or loss of any of the contents of the Box by reason or as a result or in consequence of the Box having to be broken open.
The Renter undertakes to notify Premium in writing immediately upon the loss of the chop or seal, an impression of which is used as authority for access to the Box, and to fill in such form regarding the loss as Premium may from time to time prescribe. The Renter shall not be entitled to have access to the Box without producing on Premium’s prescribed form an impression of the chop or seal in question except on such terms and conditions as will be acceptable to Premium. Premium will not be responsible for allowing any access to the Box on the authority of the authorized impression of a chop or seal before the receipt of such notice of loss or within a reasonable time after the receipt of such notice.
21a. Death of Single Renter/Sole Proprietor
(Applicable where there is only one Renter or the Renter is a sole proprietor) Upon the death of the Renter, authorities given to an attorney to have access to the Box shall continue to be valid until written notice of such death is given to Premium, whereupon every such authority shall automatically cease and determine. Access to the Box shall thereafter only be allowed to the duly constituted legal personal representative of the deceased Renter and such other person(s) as may for the time being be permitted under applicable laws, rules and regulations. If, notwithstanding the foregoing and at the entire discretion of Premium, Premium allows any solicitor or other person purporting to act for the personal representative (or the intended personal representative) of the deceased to have access to the Box at any time after the death of the Renter for the purpose only of making an inventory of the contents thereof, Premium shall not be held liable in any way for permitting such access. Nothing herein shall affect the liability for the rent of the Box, which shall continue until the Box shall be surrendered to Premium.
21b. Death of Joint Renter/Partnership
(Applicable where there are two or more Renter, or the Renter is a partnership) Upon the death of any of the Renter, any authority given by them to an attorney to have access to the Box shall continue to be valid until written notice of such death is given to Premium, whereupon every such authority shall automatically cease and determine. Premium is authorised to hold the Box and its contents to the order of the survivor or the survivors of the Renter without prejudice, however, to any rights Premium may have in respect thereof and also subject to any applicable laws, rules and regulations or any guidelines or directions given by any relevant authority (whether having the force of law). Access to the Box shall only be allowed to the survivor or survivors of the Renter or to any attorney duly appointed by any one of the survivors, subject to any applicable laws, rules and regulations or any guidelines or directions given by any relevant authority (whether having the force of law), and such other person(s) as may for the time being be permitted under applicable laws, rules and regulations. Upon the death of the last survivor of the Renter, access to the Box shall only be allowed to the duly constituted legal personal representative of such last survivor and such other person(s) as may for the time being be permitted under applicable laws, rules and regulations. If, notwithstanding the foregoing and at the entire discretion of Premium, Premium allows any solicitor or other person purporting to act for the personal representative (or the intended personal representative) of such last survivor to have access to the Box at any time after his/her death for the purpose only of making an inventory of the contents thereof, Premium shall not be held liable in any way for permitting such access and the Renter agrees to indemnify Premium in respect of any claim which may be made against Premium as a result of the Premium’s permitting such access. Nothing herein shall affect the liability for the rent of the Box, which shall continue until the Box shall be surrendered to Premium.
Any notice required to be given to the Renter shall be sufficiently served on the Renter if sent by registered post to the last known address of the Renter and shall be deemed to have been received by the Renter on the day following that on which the same was posted (Notwithstanding its returned by the Post Office to Premium).
The Renter undertakes to notify Premium in case of any change of address. Until Premium has been notified otherwise, the Renter’s address registered with Premium shall be deemed to be the Renter’s address and any notice to the Renter sent to that address shall be deemed to have been duly sent.
The Renter agrees that except for the first year of the opening of the Box, Premium reserves the right from time to time to increase the rental for the Box and also the amount of the deposit payable by the Renter as security for the due observance and performance by the Renter of these Terms and Conditions.
Premium shall be entitled to revise these Terms and Conditions and/or introduce additional terms and conditions at any time and from time to time and any revision and/or addition to these Terms and Conditions shall become effective subject to Premium’s notice (for a period of 30 days for any variation affecting fees and charges and liabilities or obligations of the Renter or for such reasonable period as Premium may prescribe in the case of any other variations) which may be given by display, advertisement or other means as Premium thinks fit, and shall be binding on the Renter if the Renter continues to use or retain the Box after the effective date thereof.
Premium may appoint any other person as its agent to collect any or all indebtedness owed by the Renter to Premium and the Renter shall be responsible for all costs and expenses of reasonable amount and reasonably incurred by Premium for that purpose on each occasion.
Terms used in this Clause 27 shall have the meanings set out in these Terms and Conditions or the meanings set out below. Where there is any conflict between the meaning of a term set out in these Terms and Conditions and the meaning set out below, the meaning set out below shall apply in this Clause 27.
“Authorities” includes any local or foreign judicial, administrative, public or regulatory body, any government, any Tax Authority, securities or futures exchange, court, central bank or law enforcement body, self-regulatory or industry bodies or associations of financial service providers or any of their agents with jurisdiction over Premium.
“Compliance Obligations” means obligations of Premium to comply with (a) any Laws or international guidance and internal policies or procedures, (b) any demand from Authorities or reporting, disclosure or other obligations under Laws, and (c) Laws requiring Premium to verify the identity of its customers.
“Connected Person” means a person or entity (other than the Renter) whose information (including Personal Data or Tax Information) is provided by the Renter, or on the Renter’s behalf, to Premium or which is otherwise received by Premium in connection with the provision of the Services. A Connected Person may include, but is not limited to, any guarantor or third party security provider, a member, a director or officer of a company, partners or members of a partnership, any “substantial owner”, “controlling person”, or investor of a fund, beneficial owner, trustee, settlor or protector of a trust, account holder of a designated account, payee of a designated payment, a representative of the Renter, agent or nominee, or any other persons or entities with whom the Renter has a relationship that is relevant to the Renter’s relationship with Premium.
“Controlling Persons” means individuals who exercise control over an entity. For a trust, these are the settlor, the trustees, the protector, the beneficiaries or class of beneficiaries, and anybody else who exercises ultimate effective control over the trust, and for entities other than a trust, these are persons in equivalent or similar positions of control.
“Financial Crime” means money laundering, terrorist financing, bribery, corruption, tax evasion, fraud, evasion of economic or trade sanctions, or violations, or any acts or attempts to circumvent or violate any Laws relating to these matters.
“Laws” include any local or foreign law, regulation, judgment or court order, voluntary code, sanctions regime, agreement between Premium and an Authority, or agreement or treaty between Authorities and applicable to Premium.
“Personal Data” means any information relating to an individual from which such individual can be identified.
“Renter Information” means all or any of the following items relating to the Renter or a Connected Person, where applicable: (a) Personal Data, (b) information about the Renter, the Renter’s accounts, transactions, use of Premium’s products and services and the Renter’s relationship with Premium and (c) Tax Information.
“Services” includes (a) the opening, maintaining and closing of the Renter’s accounts, (b) the provision of credit facilities and other banking, financial and insurance products and services, processing applications, credit and eligibility assessment, and (c) maintaining Premium’s overall relationship with the Renter, including marketing services or products to Premium, market research, insurance, audit and administrative purposes.
References to the singular includes the plural (and vice versa).
This Clause 27 explains how Premium will use information about the Renter and Connected Persons. The Notice to Customers and Other Individuals relating to the Personal Data (Privacy) Ordinance that applies to the Renter and other individuals (the “PICS”) also contains important information about how Premium will use such information and the Renter should read this Clause in conjunction with the PICS. Premium may use Renter Information in accordance with this Clause 27 and the PICS. Renter Information will not be disclosed to anyone, other than where:
Collection
Use
Sharing
Renter’s obligations
Premium may:
In addition, if the Renter fails to supply promptly the Renter’s, or a Connected Person’s, Tax Information and accompanying statements, waivers and consents, as may be requested, then Premium may make its own judgment with respect to the status of the Renter or that of the Connected Person, including whether the Renter or a Connected Person is reportable to a Tax Authority, and may require Premium or other persons to withhold amounts as may be legally required by any Tax Authority and to pay such amounts to the appropriate Tax Authority.
This Clause 27 shall continue to apply notwithstanding any termination by the Renter or Premium of the provision of any Services to the Renter, or the closure of any of the Renter’s accounts.
In the case of a contract term of the lease expired or soon to be expired, Premium is permitted by the Renter to renew and/or apply for a subscription to continue with the safe deposit box service. The minimum period for a renewal / subscription is 12 months and the maximum period for a renewal / subscription is 36 months. All Terms and Conditions remain constant except the Schedule shall be updated and proceeded accordingly. Some renewal and/or subscription shall automatically be charged each renewal period depending on your subscription terms, Renter might find a payment authorization on your payment method before the renewal date. To remove the payment authorization, cancel the subscription or contact our customer service before the lease expired.
It is declared that in the construction of these presents the words “access to the Box” shall include the right to open the Box and to remove therefrom and to place therein anything and otherwise to use or operate the Box in any manner whatsoever at any time and from time to time and that unless the contrary intention appears, words importing the masculine gender shall include feminine and neuter genders, and words in the singular shall include plural and vice-versa. Clause headings shall be grossed in the interpretation of these Terms and Conditions.
The Renter agrees that in the construction and interpretation of these Terms and Conditions, the English text prevails and the Chinese version is provided for the Renter’s information only and is not intended to have any legal effect.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region.
Note: In case of discrepancies between the English and Chinese versions, the English version shall apply and prevail.
APPENDIX 1
The following terms supplement Clause 27 and relate to the use, store, process, transfer and disclosure of Renter Information other than Personal Data.
Terms used in this Appendix 1 shall have the meanings set out in Clause 27 of these Terms and Conditions.
Use of Renter Information Other Than Personal Data
The purposes for which Renter Information (other than Personal Data) may be used are as follows:
Sharing and Transfer of Renter Information Other Than Personal Data
Premium may (as necessary and appropriate for all or any of the Purposes) transfer, share, exchange and disclose any Renter Information (other than Personal Data) to all such persons as Premium may consider necessary (wherever located) including without limitation:
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在進入或透過www.premiumsdb.com (以下簡稱「本網站」) 申請、詢問、遞交或修改以下服務時，卓越會收集個人資料:
甲、查詢或訂閱卓越通訊：
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丙、查詢及更正個人資料：
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