CNCBI CREDIT CARD MOBILE PAYMENT
ADDENDUM TO CREDIT CARD CARDMEMBER AGREEMENT
These terms and conditions are applicable to and govern the use of Mobile Credit Card (as defined below) for the Mobile Payment Service provided by Mobile Wallet Provider (as defined below in Clause 1(c)) and are supplemental and deemed to be incorporated into the CNCBI Credit Card Cardmember Agreement governing the use of the Credit Card (the “Cardmember Agreement”).
- Terms and Conditions supplement Cardmember Agreement
- The Cardmember Agreement applies to your Mobile Credit Card. References in the Cardmember Agreement to “Credit Card” include your Mobile Credit Card and your Mobile Credit Card Transactions (“means any transaction effected by using your Mobile Credit Card”) respectively.
- These Terms and Conditions supplement the Cardmember Agreement and, together, they govern your Mobile Credit Card. If there is any inconsistency between the provisions of these Terms and Conditions and the provisions of the Cardmember Agreement, the provisions of these Terms and Conditions prevail.
- You may need to agree separate terms with the Mobile Wallet Provider (the “Mobile Wallet Provider”), which govern the registration and storage of your Credit Card in the Mobile Wallet (“A wallet application provided by a Mobile Wallet Provider installed in an Eligible Device (“means such model of smartphone, tablet or other devices (such as watch) with Mobile Wallet function in which a Mobile Credit Card can be registered and stored, as designated by us from time to time.”) in which your Mobile Credit Card is stored”) and the use of the Mobile Wallet (including the use of any data you provide to the Mobile Wallet Provider). Those separate terms you agree with the Mobile Wallet Provider will not change or override these Terms and Conditions and the Cardmember Agreement.
- Registering, storing and activating Mobile Credit Card
- You may store a digital version of Credit Card (i.e. Mobile Credit Card) in your Mobile Wallet only if the Credit Card is of a type designated by us from time to time and is in good standing.
- The Mobile Wallet Provider may limit the number of Mobile Credit Cards that you may store in one Mobile Wallet from time to time which we cannot control. We may however limit the number of Eligible Devices in which the same Credit Card can be stored from time to time and you should refer to our latest communications regarding such limit.
- You should follow the instructions of the Mobile Wallet Provider (including installation of the latest operating system for your Eligible Device), and the registration and verification flow of your Mobile Wallet in order to register and store the Mobile Credit Card in your Mobile Wallet.
- By registering a Mobile Credit Card in your Mobile Wallet, you consent to us sending SMS message to you for verification and activation purpose based on your phone number last recorded with us. If the phone number last recorded with us is not the phone number of your Eligible Device, the SMS message will be sent to the phone number last recorded with us but not to your Eligible Device. If we do not have record of your phone number, we cannot send SMS message to you in which event you will need to call us on the number displayed in the verification screen and follow the required steps to verify and activate the Mobile Credit Card.
- Your responsibility
- If you do not take security measures as we or the Mobile Wallet Provider may recommend from time to time, you will bear the risk of suffering or incurring any loss which may arise from or in connection with your Mobile Credit Card. We are not liable for any such loss. You should take appropriate security measures including the following:
- Take reasonable precautions to keep Credit Card details and security details relating to your Mobile Credit Card, Mobile Wallet and Eligible Device (including your Device Passcode (“means the access passcode of your Eligible Device”), fingerprint and/or any other biometric credentials stored in your Eligible Device and/or any cloud storage platform) safe and to prevent loss, theft or fraudulent use of them;
- Safeguard your Mobile Wallet and Eligible Device and keep them under your personal control at all times;
- DO NOT allow anyone else to use or log on to your Eligible Device and Mobile Wallet;
- DO NOT store anyone else’s fingerprint or biometric credentials in your Eligible Device;
- DO NOT choose obvious numbers as Device Passcode (such as Hong Kong Identity Card number, date of birth, telephone number, number with same digits or other that can be easily guessed or identified by shoulder surfing) or tell anyone else your Device Passcode or write down or keep your Device Passcode close to your Eligible Device;
- DO NOT install or launch Mobile Wallet in a smartphone or other device with any pirated, hacked, fake or unauthorized application or where the software lockdown has been overridden (such as a “jailbroken” or “rooted” smartphone or device);
- Change the Device Passcode regularly;
- if you have already set up access to your Eligible Device by way of Device Passcode or fingerprint or other biometric credentials, review this and ensure that you change any Device Passcode that can easily be guessed or that has already been shared with anyone else and delete any fingerprint or other biometric credentials that is not your own;
- Delete your Mobile Credit Card from the Mobile Wallet before you dispose of your Eligible Device by, for example, selling or giving it to someone else or pass your Eligible Device temporarily to someone else, for example, for it to be repaired;
- Remove the Mobile Credit Card from the Mobile Wallet upon termination of your Mobile Credit Card as provided in Clause 10.
- You are fully responsible for any disclosure of your Credit Card details, Device Passcode or other security details relating to your Eligible Device, Mobile Wallet and Mobile Credit Card to any other person, even if such disclosure is accidental or unauthorized. You are required to bear all risks and consequences of your Mobile Wallet and Mobile Credit Card being used by unauthorized persons or for unauthorized purposes.
- You have to use an Eligible Device of a type or model specified by us from time to time to register, store and use Mobile Credit Card in your Mobile Wallet. We have the right to vary the type or model or withdraw an existing type or model of Eligible Device at any time without prior notice.
- You require Internet connection, compatible telecommunications equipment and mobile phone service plan (if applicable) in order to register, store and use your Mobile Credit Card.
- Card Account and credit limit
- Credit Card in its physical card form and in its digital version (i.e. Mobile Credit Card) constitutes one and shares the same Card Account.(“each credit card account maintained by you with the Bank for recording and charging Credit Card Transactions (“means any transaction effected by using your Credit Card”) and related interest, fees, charges, costs and expenses”)
- All Mobile Credit Card Transactions will be billed to credit card statement of the Credit Card. There will not be a separate statement for your Mobile Credit Card.
- Your Credit Card in physical card form and your Mobile Credit Card share the credit limit of the same Card Account. There will not be a separate credit limit for your Mobile Credit Card.
- Mobile Credit Card Transactions, cash advance
- You may make Mobile Credit Card Transactions where your Mobile Wallet is accepted for payment. We will not responsible if any retailer refuses to accept your Mobile Credit Card.
- You cannot use your Mobile Credit Card for cash withdrawals or cash advance over the counter or via ATM machine. A Mobile Credit Card cannot be linked to any bank account. Your Mobile Credit Card or Mobile Wallet may also be subject to certain transaction limits (for example, payment amount) imposed by retailers or payment terminals which do not normally apply to your physical Credit Card.
- Your Mobile Wallet may not be accepted at all places where your physical Credit Card is accepted.
- Limitation of our liability
- You acknowledge and accept that the Mobile Wallet is made available to you by the Mobile Wallet Provider on compatible devices. We are not the provider of your Mobile Wallet, and we are not responsible for providing the Mobile Wallet service to you. We have no control over the Mobile Wallet platform or your Eligible Device. We are therefore not responsible for any failure of the Mobile Wallet, or your inability to use the Mobile Wallet for any transaction. We are also not responsible for the performance or non-performance of the Mobile Wallet Provider or any third parties that may impact your use of the Mobile Wallet. We are not responsible for any loss that you may suffer or incur in relation to your use or inability to use your Mobile Wallet (including your Mobile Credit Card).
- We are not liable to refund you for any unauthorized transactions where you fail to take appropriate security measures including those provided in Clause 3(a), Clause 7(a) and Clause 10.
- Loss, theft or misuse
- You must tell us as soon as reasonably practicable via Credit Card Loss Card hotline 3603 7899 if you notice or suspect any loss, theft, unauthorized possession, control or use of your Mobile Credit Card or Eligible Device, or if you believe someone else has used your Mobile Credit Card or Eligible Device, or has discovered the security details of your Eligible Device, Mobile Wallet or Mobile Credit Card or the security of your physical Credit Card, Mobile Credit Card, Mobile Wallet or Eligible Device has been compromised in any other manner.
- You will be liable for all unauthorized Mobile Credit Card Transactions affected by your Mobile Credit Card before we receive report of loss, theft, disclosure or unauthorized use of your Mobile Credit Card.
- If you report loss, theft, disclosure or unauthorized use of your Mobile Credit Card in accordance with this Clause 7, your maximum liability for unauthorized Mobile Credit Card Transactions is HK$500. However, please note that the limit DOES NOT APPLY (and you will be liable for the full amount) if:
- You have knowingly (whether or not voluntarily) permitted any other person to use your Mobile Wallet or Mobile Credit Card or Eligible Device; or
- You have acted fraudulently or with gross negligence in using or safeguarding your Mobile Wallet, Mobile Credit Card or Eligible Device. Your failure to follow any of the security measures recommended by us from time to time regarding the use or safekeeping of your Mobile Wallet, Mobile Credit Card or Eligible Device may be treated as your gross negligence.
- Your Personal Data
- You may be providing your personal data and Credit Card information and transaction details to the Mobile Wallet Provider by registering, storing and using the Mobile Credit Card in your Mobile Wallet. We have no control of the privacy and security of your personal data and information provided by you to the Mobile Wallet Provider which is governed by the privacy policy of and any agreement you may have with the Mobile Wallet Provider.
- Fees and charges
- All applicable interest, fees and charges that apply to your Credit Card will also apply to the Mobile Credit Card.
- You will bear all fees, charges and expenses imposed by any mobile phone service provider, telecommunications provider, retailer or the Mobile Wallet Provider for or in relation to your storing, activating or using the Mobile Credit Card or for making transactions using your Mobile Wallet and the Mobile Credit Card.
- Termination of Mobile Credit Card
- You shall follow the instructions of the Mobile Wallet Provider to remove your Mobile Credit Card from the Mobile Wallet should you wish to terminate the Mobile Credit Card. Termination of the Mobile Credit Card will not terminate the Credit Card in physical card form unless you also terminate it in accordance with the Cardmember Agreement.
- If you are a primary Credit Card cardmember, you cannot terminate the Mobile Credit Card of the supplementary cardmember without terminating the supplementary Credit Card in physical card form.
- If you are a primary Mobile Credit Card cardmember, termination of your Mobile Credit Card will not terminate the Mobile Credit Card of your supplementary cardmember.
- We have the rights to suspend, restrict or terminate your Credit Card under the Cardmember Agreement. These rights will be extended to your Mobile Credit Card. Your Mobile Credit Card will be suspended, restricted or terminated at the same time if your Credit Card is suspended, restricted or terminated under the Cardmember Agreement.
- We will also have the right to suspend, restrict or terminate the use of a Mobile Credit Card if your Mobile Wallet has been suspended, restricted or terminated by the Mobile Wallet Provider for any reason, or if you have made a report to us under Clause 7(a).
- Upon termination of Mobile Credit Card whether by you or by us, you must remove the Mobile Credit Card from your Mobile Wallet based on the instructions provided by the Mobile Wallet Provider. You should contact the Mobile Wallet Provider if you have any question on how to remove the Mobile Credit Card or the Mobile Wallet from your Eligible Device.
- You are responsible for all Mobile Credit Card Transactions whether or not authorized by you unless and until you have removed the Mobile Credit Card from your Mobile Wallet and Eligible Device upon termination.
- Termination of the Mobile Credit Card on its own will not affect the Credit Card in physical card form which will continue to be governed by the Cardmember Agreement.
- Variation of this Addendum
- We have the right to vary these Terms and Conditions from time to time. We will give you prior notice in a manner we consider appropriate. You will be bound by a variation unless your Mobile Credit Card is terminated by you and removed from the Mobile Wallet and Eligible Device in accordance with Clause 10 before the date on which that variation takes effect.
- Miscellaneous
- The Bank reserves the right to amend or alter any of these Terms and Conditions at any time with appropriate notice. In the event of any dispute, the decision of the Bank shall be final and conclusive.
- Except as otherwise expressly stated in these Terms and Conditions, no one other than a party to these Terms and Conditions may enforce any of its terms under the Contracts (Rights of Third Parties) Ordinance, Cap. 623 of the Laws of Hong Kong. Where any clause of these Terms and Conditions entitles any third party to enforce any term of these Terms and Conditions under the Contracts (Rights of Third Parties) Ordinance, the parties reserve the right to vary that term or any other term of these Terms and Conditions without the consent of that third party.
- These Terms and Conditions will be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region.
- In the event of any inconsistencies between the English and Chinese versions of these Terms and Conditions, the English version shall prevail.