Terms and Conditions for Payment
Account Service
Before you register to use the
Service, please read these Terms and Conditions carefully. By registering to
use the Service, you will be considered to have accepted and agreed to be bound
by these Terms and Conditions.
1. The Service
1. Payment Account Service (“Service”) is a service provided by us, Bank of
China (Hong Kong) Limited, under which you may make payments and fund transfers
through the mobile phone application – BoC Pay. A
Payment Account may not provide all the functions of a traditional bank
account. We have the right to specify, limit or vary the functions of the
Payment Account and the scope of the Service from time to time as we consider
appropriate.
2. The Payment
Account is subject to daily, yearly and/or other type of transaction limits set
by us from time to time. We may also set a maximum balance cap on the Payment
Account. Please refer to the FAQ for the latest transaction limits and maximum
balance cap. FAQ is available through BoC Pay and on
our website: https://www.bochk.com/creditcard/BOCPAY/faq2/index.html?lang=en_US.
Subject to the transaction limits as specified by us from time to time, you may
also set your own maximum daily transaction limit through BoC
Pay or other channels as specified by us from time to time. By setting the
daily transaction limit, you may regulate the maximum outflow of funds from
your Payment Account.
3. The Service facilitates you to make fund transfers and to make
direct or indirect payments by linking your Payment Account to different
platforms (which may be online platforms, points of sales or otherwise) as
prescribed by us from time to time (“Prescribed Payment Platforms”). The Prescribed Payment Platforms
may include stored value facilities licensees, online social media platforms,
merchants and third party service providers.
4. The balance maintained in the Payment Account will not be
entitled to any interest.
5. We have the right to do or refrain from doing anything that we
consider appropriate in view of any laws, regulations, court orders, rules,
codes, guidelines and market practices which we or you are required or expected
to comply. These may include freezing your Payment Account (in whole or in
part) or refusing any payment or fund transfer.
6. If your Payment Account is frozen or upon termination of the
Service or in any other case where we consider appropriate, we have the right
to require you to withdraw the balance in the Payment Account in person at our
branch or return the balance to you by any other means (including sending you a
cheque for the relevant amount by post at your risk).
7. You can only have
one Payment Account at any one time.
2. Registration
1. In order to be
eligible for registering the Service, you must fulfill the conditions
prescribed by us from time to time, including the following conditions:
i. you do not have
any existing personal account of any kind or internet banking account with us
at the time of registering for the Service;
ii. you must have attained 18 years old;
iii. you must hold a valid identity document of a type prescribed or
accepted by us from time to time;
iv. you must have provided us with valid mobile phone number, Hong
Kong residential address, email address and other information as required by us
from time to time;
v. you must be a tax resident and/or national of one of the
jurisdictions prescribed or accepted by us from time to time; and
vi. you must have
downloaded BoC Pay on a mobile device of such type,
model or specification prescribed or accepted by us from time to time.
Unless otherwise specified by us, the
eligibility conditions for registering or using the Service are continuing in
nature and remain applicable after the Payment Account is opened.
2. Your registration
and use of the Service are subject to our approval and successful verification.
We may reject your registration and use of the Service if we consider there is
reasonable ground to do so. Even if you have completed the registration steps,
we reserve the right to refuse to open a Payment Account without prior notice
if the verification process is not completed to our satisfaction.
3. As part of the registration process, you are required to provide
personal information and upload images of your identity document and go through
the face recognition process following our guide and steps. You must provide
information that is valid, true, complete, accurate and up-to-date. We require
the information for compliance with legal and regulatory requirements on
customer due diligence applicable in Hong Kong and overseas, and our internal
policy and international standards. Customer due diligence is an important part
of the local and international efforts to combat money laundering, terrorist
financing, tax evasion, illegal activities and fraudulent activities. If you do
not provide the required information, we may be unable to process your
application for the Service.
4. If there is any
change to the information provided to us, you must notify and provide us with
the updated information as soon as reasonably practicable and, in any event,
not later than 30 days after such change, in accordance with the procedures and
means prescribed by us from time to time and quoting your Payment Account
number. If you notify us of changes to information in relation to bank accounts
or services other than your Payment Account, your information on our records
for your Payment Account may not be
updated. In any
case where we obtain or become aware of information relating to you, we have
the right to update your information on our records if we consider appropriate,
and we may require your confirmation of the accuracy of the information. Please
refer to the FAQ for how to update your information. FAQ is available through BoC Pay and on our website:
https://www.bochk.com/creditcard/BOCPAY/faq2/index.html?lang=en_US.
5. We may send you push notifications or messages for verification
and registration purposes and in connection with your use of the Service from
time to time.
6. If you only
maintain the Payment Account with us, we will treat the residential address
provided by you in relation to the Payment Account as your correspondence
address for the purpose of the Deposit Protection Scheme established under the
Deposit Protection Scheme Ordinance.
3. Making payment and fund transfer
1. You must have sufficient balance in your Payment Account before
making a payment through your Payment Account. No overdraft facility is
provided to your Payment Account.
2. How Payment
Account pays:
i. When you agree to make a payment on the Prescribed Payment
Platform through your Payment Account, the Prescribed Payment Platform will
send us a payment request.
ii. You authorize us to act according to each payment request received
from the Prescribed Payment Platform and debit your Payment Account for the
payment amount, subject to the condition that the payment amount falls within
the daily, yearly and/or other transaction limits currently applicable.
iii. If there is insufficient balance in your Payment Account, we
reserve the right to reject the payment request in whole or in part.
iv. You agree that all payment requests that we receive from the
Prescribed Payment Platform under the Service are made with your authorisation and are valid and binding on you. You will be
bound by each payment request as understood and executed by us in good faith
even if (i) it is incorrect, false or unclear, or
(ii) it was not given with your consent or authorised
by you. We need not verify the identity or authority of the person giving a
payment request or the authenticity of a payment request or the underlying
transaction between you and the Prescribed Payment Platform.
v. The payment made
through your Payment Account cannot be cancelled once we have received the
payment request from the Prescribed Payment Platform. You must check and ensure
all information relating to a payment is correct before agreeing with the
Prescribed Payment Platform to send us the request.
vi. We are not
liable for and have no obligation to recover any payment made by mistake to the
wrong or unintended recipient as long as the payment is effected
in accordance with the payment request from the Prescribed Payment Platform.
3. Refunds
i. Payment Account
can only accept refunds from the Prescribed Payment Platform in respect of
payments made by you to such Prescribed Payment Platform through the Service.
ii. Refund amount
will not be included in calculating any transaction limit (whether prescribed
by us or by you) on your Payment Account.
4. The provisions in
the Terms and Conditions for BoC Pay that apply to
payments and fund transfers also apply to the Service.
4. Topping up
1. You may top up your Payment Account by such means prescribed by
us from time to time, including using the eDDA
service in accordance with Condition 13 of Part 2 of our Conditions for
Services (Faster Payment System). The Conditions for Services may be accessed
at https://www.bochk.com/en/conditionsforservices.common.html.
2. The information
you provide to us for an eDDA setup request for
topping up may be automatically saved as your default setting for eDDA for subsequent topping up requests until you change
your default setting through BoC Pay.
5. Withdrawing
money
If you would like
to withdraw any money from your Payment Account, you shall transfer the money
to your bank account by such means as we may specify from time to time and
withdraw the money from that account. Please refer to the FAQ for how to
withdraw money from Payment Account. FAQ is available through BoC Pay and on our website: https://www.bochk.com/creditcard/BOCPAY/faq2/index.html
?lang=en_US.
6. Transaction Notification and
Transaction History
1. We may send a push notification or message to your phone number
and email address to notify you after a payment has been effected
through the Service. You are responsible to check such notification or message.
You are considered as having received such notification or message immediately
after we transmit it. You should enquire with us if you have not received a
notification or message within the usual expected timeframe.
2. You can view the
balance of Payment Account and transaction records of past 180 days via BoC Pay. Bank statements will not be provided. You may
request for written transaction records through our branches, which may be
subject to fees and charges as specified by us from time to time. For details,
please refer to our website
https://www.bochk.com/en/servicecharge.common.html.
The fee item is under “Request for savings/ fixed deposit
account records” within “Other services”.
3. You shall be
liable for any and all amounts loaded (including top-up amounts) to the Payment
Account and all payment amounts from time to time. You agree and undertake to
examine and verify the correctness of each transaction record we make available
to you to see if there are any errors, discrepancies, unauthorised
debits or other transactions or entries arising from whatever cause, including
but without limitation, forgery, forged signature, fraud, lack of authority or
negligence of you or any other person (“Errors”). You shall notify us, in writing,
within 90 days of the issuance of the said record of any such Errors shown in
the said record.
7. Upgrading
to Smart Account
If you open any
account of any kind with us after having registered for the Service, you may
upgrade your Payment Account to a Smart Account in BoC
Pay following the procedures and requirements prescribed by us from time to
time. If you choose to upgrade your Payment Account to a Smart Account, your
Payment Account will be upgraded at your choice to a Smart Account upon your
successful registration of the Smart Account and there will be an automatic
transfer of the balance from your Payment Account to the Smart Account. You
will not be able to use your Payment Account afterwards.
8. Fees and charges
1. We have and hereby expressly reserve the right to charge or vary
the fees relating to the use of the Service. We will give you prior notice of
new fees or any variation of fees.
2. You shall be
solely responsible for all fees, charges, costs and expenses in relation to the
electronic device, data connection and other ancillary services for the purpose
of using the Service.
9. Security Measures
1. You shall use all reasonable care to ensure the security of the
security codes as well as the password or code that you may use to log-in BoC Pay and the Service.
2. You shall use all reasonable care to keep your designated mobile
device secure. You shall notify us as soon as reasonably practicable if you
find or believe that your designated mobile device has been lost or stolen or
that any unauthorised transactions have occurred.
3. You understand
and accept that a transaction effected with your security code and password
will be binding on you, even if such transaction was effected
without your consent or knowledge if you failed to use all reasonable care to
safeguard your security code, password or mobile device.
10. Liabilities
1. You will be
liable for all losses if you have acted fraudulently or with gross negligence,
or allowed any third party to use your designated mobile device, or failed to
comply with your obligations to take security measures under these Terms and
Conditions or the Conditions for Services (as applicable to Payment Account),
or failed to take the security measures which we advise you to take as
communicated to you from time to time by any channel including the measures set
out in the Security Information available on our website and other relevant
information as provided by us from time to time. You would not otherwise be
responsible for any direct loss suffered by you as a result of unauthorised transactions conducted through your Payment
Account. For Conditions for Services, please refer to https://www.bochk.com/en/conditionsforservices.common.html.
For security information, please access
https://www.bochk.com/en/security.common.html.
2. Under no circumstances shall we be responsible for any direct
loss and liability which you may suffer or incur as a result of or otherwise
relating to any use, misuse or malfunction of the Service except to the extent
that any such loss or damage is attributable to our fraud, negligence or
willful default.
3. We are not responsible for the quality or performance of the
Service. The Service may not be available at all times and there may be delays,
failures, errors or omissions or loss of transmitted information.
4. You accept full
responsibility for (i) providing us with valid, true,
complete, accurate and up-to-date information for registration and use of the
Service and (ii) registering and using the Service in accordance with these
Terms and Conditions. You are responsible for and agree to fully indemnify us
towards any loss, damage, claim and any other financial charge that we may
incur and/or suffer as a result of our reliance on the information provided by
you and/or any non-observance or violation of these Terms and Conditions on
your part.
5. We are not responsible for any dispute arising from any payments
or transactions between you and any Prescribed Payment Platform.
6. You access the
internet sites or other platforms of any third party (including the Prescribed
Payment Platform) at your own risks. We expressly disclaim any responsibility
for the safety or security of information which you may provide to the
Prescribed Payment Platform and any other third party for the purpose of making
a payment through the Service.
11. Termination and Suspension of
Service
1. We may at any
time, by giving you at least 30 days’ prior notice or (upon your request
and where practicable) a longer period of notice, close your Payment Account,
including if you do not fulfill the applicable eligibility conditions for the
Service or if you do not comply with the provisions of these Terms and
Conditions. We have the right, under exceptional circumstances (for example,
where the Payment Account is being used or is suspected of being used for
illegal activities), to close your Payment Account with shorter notice or
without prior notice. We are not obliged to give you a reason for closing your
Payment Account. Nonetheless, we may provide you with reason where appropriate
and if permitted by legal and regulatory requirements. If the Service has not
been used by you for a specified period of time as determined by us from time
to time, the Service will be suspended and you may be required to take such
steps as we may require to reactivate the Service.
2. You may terminate
the Service through BoC Pay (if your Payment Account
has a zero balance) or by other means specified by us from time to time. You
have to complete the termination procedures prescribed by us from time to time.
12. Changes
1. We may change any of these Terms and Conditions from time to time
at our sole discretion, provided that we shall give you not less than 30 days’ notice before any change of these
Terms and Conditions which affects fees and charges and your liabilities or
obligations takes effect.
2. You are deemed to
have agreed to the revised Terms and Conditions if you continue to retain or
use the Service following any changes to these Terms and Conditions.
13. Communication
Unless we specify
otherwise, you will be considered as having received any notice given by us
immediately after we have sent it as push notification or message to your phone
number or email address on our record.
14. Governing Terms
The Service is provided as part of our
services, and accordingly:
i. these Terms and
Conditions are in addition to and shall be read in conjunction with our
Conditions for Services (as applicable to Payment Account) and any other
documents forming part of our banking agreement (and any reference to the terms
and conditions of the Conditions for Services shall include reference to these
Terms and Conditions and any provisions which apply generally to our accounts
and services apply to your Payment Account); the Conditions for Services may be
accessed at https://www.bochk.com/en/conditionsforservices.common.html;
ii. in the event of any conflict or inconsistency, these Terms and
Conditions shall prevail over the Conditions for Services and any other
provisions which apply generally to our accounts and services, insofar as
regards the Service; and
iii. in the
event of discrepancy between the English and the Chinese versions of these
Terms and Conditions, the English version shall prevail.