Terms and Conditions for BoC Pay of Bank of China (Hong Kong) Limited ("BoC Pay")

BoC Pay is a mobile application which utilizes QR code to initiate and process secure payment transactions for customers of Bank of China (Hong Kong) Limited (“the Bank”, “BOCHK” or “we”) using their credit cards issued by BOC Credit Card (as defined in Condition 1.2(d) below) which is designated by the Bank as eligible for using BoC Pay from time to time and/or Smart Account (as defined in Condition 4.1 below) and/or Payment Account (as defined in Condition 4.2 below) and/or such other services as the Bank may specify from time to time. BoC Pay also incorporates the use of Faster Payment System in making payments and funds transfers.

Prior to using BoC Pay, please read the terms and conditions below carefully.
  1. General Provisions
    1. BoC Pay and the related services, information, products and any other materials from time to time available through BoC Pay (“the Materials”) are available to individual customers only. Corporate customers will not be able to use or sign up for BoC Pay.
    2. By registering to use and/or by using or otherwise gaining access to BoC Pay and the Materials, you agree to be bound by these Terms and Conditions and any other provisions as we may specify from time to time, including but not limited to:
      1. the Conditions for Services of the Bank (“Conditions for Services”) (https://www.bochk.com/en/conditionsforservices.common.html) as applicable to BoC Pay, in particular the Conditions related to the Faster Payment System (“FPS”) in Condition 13 of Part 2;
      2. the Terms and Conditions for Smart Account Service of the Bank (https://www.bochk.com/dam/deposits/smart_account_service/SmartAccountServiceTermsandConditions_en.pdf);
      3. the Terms and Conditions for Payment Account Service of the Bank (https://www.bochk.com/dam/more/bocpay/paymentac_tnc_en.html);
      4. the Terms and Conditions for BOC QR Code Payment Services by BOC Credit Card (International) Limited (“BOC Credit Card”) (https://www.bochk.com/creditcard/pdf/eng/QR_Payment_TnC.pdf);
      5. the Terms and Conditions for Stored Value Facility Account Service of the Bank (https://www.bochk.com/creditcard/BOCPAY/svf/tnc/eng/); and
      6. the Data Policy Notice and Privacy Policy Statement of the Bank (https://www.bochk.com/en/importantnotice.common.html).
      If there is any inconsistency between these Terms and Conditions and other provisions of the Bank and/or BOC Credit Card, these Terms and Conditions shall prevail.
    3. The Bank reserves the right to amend, add, delete or otherwise modify at any time these Terms and Conditions or any part thereof by giving prior notice in writing to you and such notice may be made in such manner and by such means of communication as the Bank shall in its sole discretion deem fit, including, without limitation, the use of direct mailing material or advertisement, website display or electronic communications such as electronic mail. You acknowledge and agree that you shall observe and comply with any such amendment, addition, deletion and/or modification before and when using BoC Pay.
    4. Your continued use of BoC Pay shall constitute your acceptance of any such amendment, addition, deletion and/or modification.
    5. For the use of BoC Pay, you may be required to access the relevant software and enter into certain license agreements with such third party software providers (including but not limited to Google Play™ store, App Store and Huawei AppGallery) (the “License Agreements”) and subject to the terms and conditions thereof. The Bank is not a party to the License Agreements, and is not responsible for the services provided by or any act or omission by any third party.

      (Remarks: Google Play logo is a trademark of Google Inc., and the App Store is a service mark of Apple Inc., and Huawei AppGallery is provided by Huawei Services (Hong Kong) Co., Limited.)
    6. BoC Pay, the Materials and other products and services provided through BoC Pay are not intended for download, use or access by any person in any jurisdiction where such download or use would be contrary to any applicable law or regulation of that jurisdiction or where we are not licensed or authorized to provide BoC Pay or the Materials, or in any jurisdiction that is subject to any sanction regime. By browsing and/or gaining access to the Materials, you are assumed to have acknowledged, observed and complied with these Terms and Conditions, all relevant and applicable laws, regulations and restrictions. You are responsible for satisfying yourself(ves) that you may use BoC Pay and browse or otherwise access the Materials under the laws or regulations you are subject to.
    7. Eligibility of any person to register and/or use and/or access BoC Pay and/or the Materials (or any part thereof) provided through BoC Pay is subject to the eligibility and procedural requirements stipulated by the Bank from time to time, and to the determination and approval of the Bank, which is final and conclusive.
    8. The Bank may send notifications or messages to you via SMS messages or email based on your phone number or email address, or via any channels specified by the Bank from time to time. You must enable the notification function of your mobile device in order to use the functions or services provided by the Bank via BoC Pay.
    9. You shall act in good faith at all times in relation to all transactions conducted via BoC Pay.
    10. You agree not to use the services provided by BoC Pay for any illegal or unlawful purchase or purposes.
    11. You are solely responsible for ensuring that your access to and/or usage of BoC Pay is not contrary to any applicable laws, rules, codes, guidelines or supervisory requirements.
  2. Registration – General
    1. To register on BoC Pay, you are required to follow the registration procedures stipulated by the Bank from time to time. Please refer to FAQ of BoC Pay for more details on registration procedures. FAQ is available through BoC Pay and on our website: https://www.bochk.com/creditcard/BOCPAY/faq2/index.html?lang=en_US.
    2. By registering on BoC Pay, you acknowledge, confirm and accept that the identity and other information you use and provide for the purposes of registering on, using or otherwise accessing BoC Pay are genuine and accurate.
    3. Before you can use BoC Pay, you must during the registration process:
      1. register your credit card issued by BOC Credit Card which is designated by the Bank as eligible for using BoC Pay from time to time to link it to BoC Pay; and/or
      2. link your Smart Account to BoC Pay; and/or
      3. open a Payment Account.
      Please refer to FAQ of BoC Pay for more details. FAQ is available through BoC Pay and on our website: https://www.bochk.com/creditcard/BOCPAY/faq2/index.html?lang=en_US.
    4. During the registration process, subject to availability of biometric authentication function of your mobile device, you may enable your biometric credentials stored in your mobile device for verification purposes. In this regard, please refer to Condition 5 below.
  3. Registration for Existing BOCHK Bank Account Holders
    1. By registering on BoC Pay with your banking credentials relating to an account with the Bank, you acknowledge and agree that:
      1. you accept full responsibility for any risk associated with using information in respect of your banking credentials with BoC Pay. Banking credentials include but are not limited to ATM Card number, password, bank account details and other applicable identifiers accepted by the Bank;
      2. you accept to open or use a Smart Account and specify a Master Account (defined in Condition 4.1 below) as source of funds to top up your Smart Account to facilitate payment, funds transfer or any services provided by BoC Pay;
      3. the Bank may debit or credit from your Smart Account via BoC Pay;
      4. your eligibility for using your banking credentials and bank account information to register on BoC Pay is subject to the Bank’s policy and requirements specified and revised by the Bank from time to time with or without prior notice;
      5. it is your sole responsibility to provide correct and accurate information related to your banking credentials and bank account information during the registration of BoC Pay. The Bank is not liable for any loss or damage caused by your failure to provide correct and accurate information during registration on BoC Pay; and
      6. termination or suspension of your Smart Account, whether by your or the Bank’s instruction, may lead to termination, suspension or interruption of services provided via BoC Pay. The Bank is not liable for any loss or damage caused by such termination, suspension or interruption.
  4. Features and functions associated with BoC Pay
    1. Smart Account Service
      1. Smart Account Service (“Smart Account Service”) is a sub-account service under which you may open a sub-account (“Smart Account”) under your existing deposit account (either a Hong Kong Dollar (“HKD”) current account or a HKD savings account or other bank accounts as specified by the Bank from time to time) (“Master Account”).
      2. You may terminate the Smart Account Service either through BoC Pay or at our branches or other means as specified by us from time to time.
      3. For more details, please refer to the Terms and Conditions for Smart Account Service available at:
        https://www.bochk.com/dam/deposits/smart_account_service/SmartAccountServiceTermsandConditions_en.pdf.
    2. Payment Account Service
      1. Payment Account Service (“Payment Account Service”) is a service under which you may make payments and fund transfers through BoC Pay.
      2. By registering a Payment Account on BoC Pay, you will be considered to have accepted and agreed to be bound by the terms and conditions governing the Payment Account Service as we may specify from time to time.
      3. You may terminate the Payment Account Service through BoC Pay (if your Payment Account has a zero balance) or by other means specified by us from time to time.
      4. For more details, please refer to the Terms and Conditions for Payment Account Service available at:
        https://www.bochk.com/dam/more/bocpay/paymentac_tnc_en.html.
    3. UnionPay Virtual Debit Card
      1. Once your Smart Account is bound with BoC Pay, or once your Payment Account is opened, a UnionPay Virtual Debit Card (“Virtual Debit Card”) will be automatically assigned to your Smart Account or Payment Account (as the case may be) to facilitate payment via BoC Pay to merchants using UnionPay QR Code or other QR code or payment methods as specified by the Bank from time to time (For more details, please check out [Help] on BoC Pay app). Upon successfully upgrading from Payment Account to Smart Account, a new Virtual Debit Card will be automatically assigned to your Smart Account. Payments made using the Virtual Debit Card will be directly deducted from your Smart Account or Payment Account (as the case may be).
      2. By binding your Smart Account to BoC Pay or by opening a Payment Account, you are assumed to have agreed:
        1. the assigning of the Virtual Debit Card to your Smart Account or Payment Account (as the case may be) and using the Virtual Debit Card to facilitate payment and funds transfer via BoC Pay;
        2. payment and funds transfer made using the Virtual Debit Card will be directly deducted from your Smart Account or Payment Account (as the case may be); and
        3. to be solely responsible for all transactions settled with merchants using UnionPay QR code or other QR code or payment methods enabled by the use of the Virtual Debit Card assigned to your Smart Account or Payment Account (as the case may be).
      3. For clarity purpose, Virtual Debit Card is not a physical card. It is a debit card but not a credit card and does not offer any credit facilities. Any value associated with the Virtual Debit Card originates from and is stored in your Smart Account or Payment Account (as the case may be). The sole function of the Virtual Debit Card is to facilitate your usage of BoC Pay in conjunction with your Smart Account or Payment Account (as the case may be).
      4. Any Virtual Debit Card assigned to your Smart Account or Payment Account (as the case may be) in BoC Pay shall only be used strictly for the designated purposes of BoC Pay only and should not be used otherwise in any other manner and/or means. We are not liable for any loss or damage caused by the usage of the Virtual Debit Card for any purpose not specified in these Terms and Conditions.
      5. It is your sole responsibility to keep secure and not to disclose to anyone any information associated with your Virtual Debit Card.
    4. Funds Transfer Service
      1. Funds Transfer Service through FPS
        1. The Funds Transfer Service via BoC Pay provides a simple and quick funds transfer service through FPS to facilitate payment and funds transfer services in terms of intrabank transfers, interbank transfers and transfers amongst other financial institutions, retail system operators, licensed stored value facilities or any other person accepted by Hong Kong Interbank Clearing Limited (“HKICL”) as a participant of FPS from time to time.
        2. The Funds Transfer Service through FPS may be subject to such enhancements of FPS provided and operated by HKICL and its assigns from time to time. Please read the applicable terms and conditions relating to FPS which are in effect at the time when you conduct funds transfer, as well as this Condition 4.4, carefully and in detail before using the Funds Transfer Service.
        3. You can also conduct funds transfers through FPS by scanning a QR code provided by third parties to make funds transfers or by showing a QR code generated via BoC Pay to automatically capture the payment or funds transfer data without the need for manually entering such data (“QR Code Services”). For the terms and conditions relating to the QR Code Services, please refer to the FPS-related Conditions in the Conditions for Services and the applicable terms and conditions which are in effect at the time when you conduct funds transfer.
      2. Funds Transfer Service through BoC Pay

        The Funds Transfer Service via BoC Pay also allows you to make transfers through BoC Pay from your Smart Account or Payment Account (as the case may be) to another account maintained with the Bank which meets such criteria as specified by the Bank from time to time.

      3. Your Smart Account or Payment Account (as the case may be) used to register for transferring money via the Funds Transfer Service through BoC Pay (“Registered Bank Account”) will be linked with your mobile number, which is identical to that on the Bank’s record (“Registered Mobile Number”). You acknowledge and confirm that you are the legitimate owner of the Registered Mobile Number (and mobile device) to use the Funds Transfer Service.
      4. The Bank is obliged to execute your instruction to transfer funds only when there are sufficient funds in the Smart Account or Payment Account (as the case may be) and there is no irregularity associated with the Smart Account, Master Account or Payment Account (as the case may be), including but not limited to suspension.
      5. Any funds transfer conducted using the Funds Transfer Service is subject to the minimum and maximum transaction limits (if any) specified by the Bank from time to time. The funds transfer instruction will not be executed if the inputted amount falls below the minimum limit or exceeds the maximum limit.
      6. You may also alter the maximum daily payout limit through BoC Pay (or by other means as specified by the Bank from time to time) such that a cap is set on the amount of funds that can be transferred and paid out of your bank account. Such maximum daily payout limit will be imposed on your Smart Account or Payment Account (as the case may be), and all daily payouts made via other services provided by the Bank from time to time (which may include but are not limited to WeChat Pay, BoC Pay and BOCHK Mobile Banking) shall not exceed such maximum daily limit. Any amount refunded to your account will not be taken into account in the calculation of your daily payout amount.
      7. The Bank will send a confirmation of transactions to you via the notification function of BoC Pay or other means as the Bank in its sole discretion thinks fit (such as email, In-App Notification or SMS messages). Such confirmation of transactions will be considered valid once they are successfully sent according to the Bank’s records. Without limiting the generality of the above provisions, when using the Funds Transfer Service, you are required to have internet access to receive email or In-App Notification from the Bank. The Bank will not send any SMS notification to you if the In-App Notification has been delivered to your activated/registered mobile device(s).
      8. By giving any instruction in BoC Pay, you will be deemed to have confirmed that all information inputted is correct and have conclusively authorized the Bank to debit the specified amount from the Registered Bank Account and to transfer the specified sum to the designated payee’s account. You acknowledge that such instruction shall be final and not be subject to any change or cancellation.
    5. Stored Value Facility Account Service
      1. Stored Value Facility Account Service (“SVF Account Service”) is a virtual prepaid payment service under which you may store value in the sub-account(s) of the SVF account (“SVF Account”) and send or receive payments.
      2. You may terminate the SVF Account either through BoC Pay or other means as specified by us from time to time.
      3. For more details, please refer to the Terms and Conditions for SVF Account Service available at: https://www.bochk.com/creditcard/BOCPAY/svf/tnc/eng/.
  5. Biometric Authentication
    1. Any biometric credential that is stored on your mobile device can be used for the “Biometric Authentication” function of BoC Pay.
    2. You acknowledge, accept and confirm that only your biometric credentials are stored on your mobile device for the purpose of accessing such device.
    3. You acknowledge that notwithstanding your usage of the Biometric Authentication function of BoC Pay and any subsequent disabling the same, your biometric credentials will continue to be stored on your designated mobile device. You are solely responsible for removing any of your biometric credentials from your mobile device.
    4. If your biometric credentials of the designated mobile device have been changed, and/or the Biometric Authentication function has not been used for such period of time as may be specified by the Bank from time to time, the Biometric Authentication function will be suspended. You are required to set up the Biometric Authentication function again.
    5. You must not use the Biometric Authentication function if you have reasonable belief that other people may share identical or very similar biometric credential(s) of you and/or your biometric credential(s) can be easily compromised.For instance, do not use facial recognition for authentication purpose if you have identical twin or triplet sibling(s).
    6. You must not use Biometric Authentication function if the relevant biometric credential(s) of you are or will be undergoing rapid development or change. For instance, do not use facial recognition for authentication purpose if you are an adolescent with facial features undergoing rapid development, or you are planning to have or undergoing any facial surgery.
  6. Termination
    1. You may terminate any of the services provided through BoC Pay subject to completing such termination procedures as prescribed by us from time to time, which may include unbinding all the credit cards and bank accounts being bound to BoC Pay after logging into BoC Pay and/or terminating your Payment Account (as the case may be). Alternatively, you may also contact the BOC Credit Card 24-hour Customer Services Hotline or contact the Bank’s Customer Service Hotline for assistance.
  7. Disclaimer
    1. Unless caused by our wilful misconduct or negligence, we are not liable for:
      1. any delay or interruption in your use of BoC Pay, or any inability to use BoC Pay;
      2. any loss, error, delay, misdirection, corruption or unauthorised alteration or interception of a message sent through the internet, telephone or any other means, or any unauthorised access to a service, account or information;
      3. any act or omission including any failure to execute or error in executing your instructions;
      4. anything including any computer virus which may impair the functions of a computer system;
      5. any loss or damage arising from termination of your account or any service provided to you; or
      6. any inaccuracy, incompleteness and/or incorrect information provided by you (including but not limited to the Registered Mobile Number, the Registered Bank Account and any information of the payee(s)).
    2. We are not liable for any loss caused by a third party, government, market disruption or any circumstance beyond our control, including any error, malfunctioning, interruption, interception, suspension, delay, unavailability or other failure of any software, equipment or system related to BoC Pay caused by any circumstance beyond our control. We are not liable to recover a payment which you have made to a third party, or to resolve a dispute between you and any third party. We may in our absolute discretion decline to act on your instructions without giving a reason or notice and without liability.
    3. The information contained in the Materials is for general information only and is provided on an “as is” and “as provided” basis without representation or warranty of any kind (including without limitation, merchantability, title, fitness for particular purpose, freedom from computer virus, non-infringement, compatibility, security, accuracy and completeness) and may be withdrawn and/or changed at any time without prior notice.
    4. No information contained in the Materials should be regarded as an offer or provide any recommendation to any person. The information is not intended to be relied upon as the basis for any decision which may affect you.
    5. Your use of BoC Pay and reliance on the Materials is entirely at your own risk.The Bank does not represent or warrant that no viruses or other destructive properties will be transmitted or that no damage will occur to your equipment or mobile phone.You are solely responsible for adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties and to prevent, safeguard and ensure that no computer virus enters your equipment or mobile phone. The Bank makes no representations or warranties concerning the accuracy, functionality or performance of any third party software that may be used in connection with BoC Pay.
    6. The maximum liability for which the Bank is liable for your use of BoC Pay will only be limited to the amount of the Bank’s fees for the transaction(s) concerned, if any.
    7. The Bank is in any event not liable for any indirect, special, incidental or consequential damages.
    8. The Bank is not responsible for any loss or damage arising out of or in connection with any failure or delay in effecting payment by reason of insufficient funds in the bank account(s) used for BoC Pay.
    9. These limits of our liability operate to the extent permitted by applicable law.
  8. Security Information
    1. Only download BoC Pay from trusted online application stores (i.e. Google Play™ store, App Store and Huawei AppGallery). Do not download BoC Pay from mistrusted sources. If there is any mobile application of a suspicious nature, do not download or login and stop installation and/or operation immediately.
    2. Avoid using BoC Pay via wireless networks (i.e. Wi-Fi) which is public or without password setting. We advise using encrypted and reliable mobile internet connections.
    3. Disable any wireless network functions (e.g. Wi-Fi, Bluetooth, NFC) or BoC Pay when not in use. Choose encrypted networks when using Wi-Fi and disable Wi-Fi auto connection setting.
    4. Please do not connect your mobile device to any computer suspected to be infected by virus; at the same time, you are recommended to install anti-virus software and set up a firewall in your mobile. Do not use BoC Pay via any jailbroken iPhone or rooted Android mobile to avoid any potential security loophole. Also, you can download the appropriate mobile security applications from the online application stores. In this connection, you can visit HKCERT website for reference: https://www.hkcert.org/mobile-security-tools .
    5. To protect your online transactions, we will check whether your mobile device is jailbroken or rooted and/or fails to meet our recommended operating system requirements for minimum security requirements upon using BoC Pay. You may not be allowed to access BoC Pay via such mobile device.
    6. Activate the auto-lock function of your mobile device. Do not use easy-to-guess personal information, numbers or words as your password and avoid using the same password that you have used for other services.
    7. In order to login and use BoC Pay,you should ensure the mobile number you provided to the Bank and BOC Credit Card matches the mobile number used for your login of BoC Pay. In the event of any change(s) to your mobile number registered with the Bank and/or BOC Credit Card, it is your sole responsibility to ensure your mobile number bound with BoC Pay is the same as the one registered with the Bank and/or BOC Credit Card. We are not liable for any loss or damage caused by any inconsistency between your mobile number registered with the Bank and/or BOC Credit Card and the mobile number used as login for your BoC Pay.
    8. You agree to use all reasonable endeavours to keep your mobile device and information associated with your Virtual Debit Card secure. You are required to notify us as soon as reasonably practicable if you find or believe that your mobile device and/or Virtual Debit Card information have been lost or stolen or that any unauthorised access or transactions have occurred.
    9. Please download and install updates and patches for BoC Pay and the other applications, operating systems and browsers regularly in supported online application stores (i.e. Google Play™, App Store and Huawei AppGallery) or our website.
    10. It is your sole responsibility to ensure the security of the security code, payment passcode, password sent by the Bank, your login credentials (including your biometric credentials (if applicable)), your Virtual Debit Card information (including the Virtual Debit Card number) and any other information you may use to login and to use BoC Pay and/or to store your biometric credentials and register the Biometric Authentication function on your mobile device.
    11. To ensure your financial security, please carefully verify the merchant name or payee name (though it is partially masked) before making any payment via BoC Pay. If you receive any suspicious payment request, please confirm with the payee first before making payment. For more details, please refer to the online security measures available on our website (https://www.bochk.com/en/security.common.html).
  9. Your Indemnity and Responsibilities
    1. You will indemnify us against any liability (including tax or levy), loss, damage or reasonable expense arising from your instructions, your account or our provision of a service to you.
    2. You will indemnify us against any act or omission by you including any breach of these Terms and Conditions and/or such other provisions, terms, conditions or rules applicable to BoC Pay, and your failure to provide valid, true, complete, accurate and up-to-date information requested by the Bank in discharging the Bank’s regulatory or legal duties. You will indemnify us against all loss, damage, claim, interest, conversion, expenses (including legal fees) and any other charges in such reasonable amounts and reasonably incurred in the exercise or enforcement of our rights including in recovering any sum from you or in obtaining any advice we consider necessary in relation to your account.
    3. It is your sole responsibility to ensure the payment details (including the details of the payee and the payment amount) are correct before proceeding with any payment or funds transfer.We are not liable for any loss or damage caused by or in connection with your failure to verify the correct payment details.
    4. You have to ensure that all the information, including but not limited to email, mobile number, bank account information and all related records, provided by you for the services provided via BoC Pay is correct, complete, up-to-date and not misleading. You have to notify us as soon as reasonably practicable of any changes or updates to such information by such means or in such manner specified by us from time to time. You are solely liable for and shall hold us harmless from any incorrect payment or transfer effected by us due to incorrect or outdated information or related records provided for or on behalf of you.
    5. It is your responsibility to ensure the bank account(s) used in BoC Pay are correct and functioning.We are not liable to any loss or damage caused by or in connection with the termination, suspension or non-functioning of such bank account(s).
  10. Hyperlinks and Third Party Information and Services
    1. Use of hyperlinks to other internet sites or resources are at the browser’s own risks. The Bank expressly disclaims any responsibility for the accuracy or availability of the information provided by those sites or for the safety of information which the browser may provide to any third party.
    2. Access to contents and services provided by third parties may be available in BoC Pay. You will be notified upon accessing such contents and services, and logged out of BoC Pay should you proceed to access the same. We are not liable for any loss or damage caused by contents or services provided by any third party.
  11. Copyright
    1. BoC Pay and all contents in the Materials are protected by copyright. No part of BoC Pay or the Materials may be modified, reproduced, transmitted and distributed in any format or by any means for commercial or public use without the Bank’s prior written consent.
  12. Collection of Information
    1. The Bank focuses on its duty of confidentiality to its customers. Please refer to the "Data Policy Notice" relating to the Bank’s general policies on collection, use, disclosure and transfer of customer data, a copy of which is available at https://www.bochk.com.
    2. The Bank may collect and store the unique identifier of your mobile device, mobile phone SIM card and/or BoC Pay to enable the handset matching and service eligibility checking for the purpose of providing services to you through BoC Pay. If you do not allow the Bank to use the information in the above manner, you may at any time uninstall BoC Pay. In such event, you will not be able to use BoC Pay, its related services and products from time to time available through BoC Pay.
  13. Governing Law
    1. These Terms and Conditions are governed by the laws of the Hong Kong Special Administrative Region. The parties submit to the non-exclusive jurisdiction of the Hong Kong courts.
  14. Language
    1. The Chinese version of these Terms and Conditions is for reference only. If there is any conflict or inconsistency between the Chinese and the English versions, the latter shall prevail.