Click HERE to download Terms and Conditions for Use of Mobile Card for Apple Pay Service

Bank of China (Hong Kong) Limited

Terms and Conditions for Use of Mobile Card for Apple Pay Service

These terms and conditions are applicable to and govern the use of Mobile Card (as defined below) for the Payment Service (as defined below) provided by Apple Asia Limited or its affiliates (“Apple”) and supplemental and deemed to be incorporated into the Conditions for Services governing the use of the BOC Card or Debit Card (the “Conditions”).  

Please read these terms and conditions carefully. By using the Mobile Card for the Payment Service and/or the related services and facilities from time to time available through the Payment Service, you agree to be bound by these terms and conditions. As these terms and conditions may be amended from time to time at the discretion of the Bank according to Clause 39 below and be posted through the Payment Service, you should read these terms and conditions carefully whenever using the Mobile Card for the Payment Service. You are deemed to have agreed to the revised terms and conditions if you continue to retain or use the Mobile Card for the Payment Service following any changes to these terms and conditions.

Definitions

1. Terms and expressions defined in the Conditions shall have the same respective meanings when used in these terms and conditions unless otherwise defined in these terms and conditions. In the event of any inconsistency between these terms and conditions and the Conditions in respect of the use of Mobile Card for the Payment Service, these terms and conditions shall prevail to the extent of inconsistency. 

2. In these terms and conditions, unless the context otherwise requires: 

“Apple Device” means a designated and eligible electronic device, with or without a Mobile Card stored, prescribed by Apple to support the use of the Payment Service, and the type or model of such electronic device is subject to change or cancellation by Apple from time to time without prior notice; 

“Bank” means Bank of China (Hong Kong) Limited; 

“BOC Card” means any card(s) (other than BOC Card - Business, BOC Wealth Express and Credit Cards that linked to a Bank account) issued by the Bank to customers as referred to and defined in the Conditions for accessing their registered bank accounts (“Bank Accounts”) with the Bank. The transactions under which shall be reflected in the bank statements of the relevant Bank Accounts; 

“Debit Card” means any card(s) issued by the Bank to customers as referred to and defined in the Conditions. The transactions under which shall be reflected in the bank statements of the relevant Bank Accounts; 

“Mobile Card” means a digital representation form of the BOC Card or Debit Card stored or to be stored in an Apple Device for effecting transactions at applicable electronic channels but no physical card will be issued in respect of the Mobile Card;  

“Password” refers to the PIN (either issued by the Bank or set by you) to access your Bank Accounts through such ATMs, point of sale terminals and other devices; and 

“Payment Service” means the service of electronic payment exclusively offered by Apple using eligible Apple Device. 

Effect of these terms and conditions

3. The provisions of these terms and conditions set out the respective rights and obligations of you and the Bank specifically in connection with the use of Mobile Card for the Payment Service. These terms and conditions supplement and shall be deemed to be incorporated into the Conditions and together they govern the provision and use of Mobile Card for the Payment Service. It follows that: 

(a) the activities and transactions contemplated in these terms and conditions fall within the scope of and are subject to the Conditions; and 

(b) if there is any inconsistency between the provisions of these terms and conditions and the provisions of the Conditions in respect of the use of Mobile Card for the Payment Service, the provisions of these terms and conditions shall prevail to the extent of the inconsistency. 

Use of the Payment Service and Use of Mobile Card for the Payment Service 

4. You shall observe and at all times comply and continue to comply with the respective terms and conditions stipulated by the Bank from time to time for the provision of the particular account, banking and any other services or facilities provided or to be provided by the Bank. 

5. The Payment Service enables you to request the generating of and activate the Mobile Card based on the BOC Card or Debit Card. Once the Mobile Card generating request is approved by the Bank, the Mobile Card is generated and transmitted to the Apple Device. Upon activation of the Mobile Card in the Apple Device, you are able to use the Payment Service.  

6. The registration and use of the Payment Service is subject to the terms and conditions, rules and regulations, service guides or similar documents and materials from time to time specified by Apple and other service provider(s) relevant for the provision of the Payment Service. 

7. The Bank does not own, operate or control the Payment Service (or any part thereof) and is not responsible for any service (including the Payment Service) provided to you by Apple or any third party engaged, appointed or nominated by Apple. The Bank is not responsible for any service (including the Payment Service) and information provided to you by Apple or any third party engaged, appointed or nominated by Apple. 

8. All transactions effected through the Payment Service by use of Mobile Card shall be shown in the relevant statement of your Bank Accounts. 

9. The use of Mobile Card for the Payment Service is subject to these terms and conditions. By using the Mobile Card for the Payment Service, you confirm and agree to be bound by these terms and conditions and the Conditions. 

10. The Payment Service will only be made available to BOC Card or Debit Card customers if: 

(a) your BOC Card or Debit Card and Bank Accounts are determined at the Bank’s sole discretion to remain valid and in good standing; and 

(b) your BOC Card or Debit Card and Bank Accounts are accepted by the Bank at its discretion for registration with and use of the Payment Service; and 

(c) you maintain an Apple Device; and 

(d) you have successfully requested the generating of and activated the Mobile Card in the Apple Device. 

11. You shall follow the guidance and instructions provided by Apple and the Bank to request the generating of the Mobile Card for use of the Payment Service. You shall immediately activate the Mobile Card for use of the Payment Service by means prescribed by the Bank and/or Apple from time to time, including but not limited to entering the verification code received from the Bank.  

12. Notwithstanding any other provisions of these terms and conditions to the contrary, Apple shall have the absolute sole discretion to determine the provision of the Payment Service to any Apple Device. The Bank shall have no obligation (in whatsoever nature) to provide or continue to provide any Mobile Card for use of the Payment Service to any person. The Bank shall have the right to specify or vary from time to time the provision or use of Mobile Card for the Payment Service, including (but not limited to) the following: 

(a) the type(s) and number(s) of BOC Card or Debit Card for generating and activating the Mobile Card for use of the Payment Service; 

(b) any transaction limit or currency of the Payment Service; 

(c) any restriction, condition or specification on the availability or use of Mobile Card for the Payment Service; and 

(d) the Apple Device on which a Mobile Card may be requested for the generating of and activated. 

13. You shall act in good faith at all times in relation to all dealings with the Bank. 

14. You agree that you shall not use Mobile Card and/or the Payment Service for any illegal purchase and/or purposes. 

15. You shall be solely responsible for all fees, charges, costs and expenses in relation to the Apple Device, data connection and other ancillary services for the use of the Payment Service, and requesting for the generating of and activating the Mobile Card for use of the Payment Service. 

16. You may contact the Bank for requesting for the generating of, activation, suspension, deletion or termination of the Mobile Card. You may contact Apple for use of the Apple Device and the Payment Service or other related customer services. 

17. The Payment Service enables you to select a Mobile Card in the Apple Device to make (a) contactless payments through PIN confirmation at merchants’ contactless-enable point-of-sales terminals or readers that accept contactless payment using a Mobile Card; and (b) subject to any applicable daily limit, in-app or other digital commerce payments at merchants participating in the Payment Service. 

Duty to take security precautions

18. You shall take reasonable care of the Mobile Card and the Apple Device (including access to the Apple Device) and keep the Mobile Card and Apple Device safely under your personal control. Without prejudice and in addition to the provisions of the Conditions regarding the security of a BOC Card or Debit Card or Password, you shall also take the following security precautions where reasonably practicable: 

(a) request the generating of and activate the Mobile Card for use of the Payment Service in accordance with Clause 11; 

(b) never request the generating of and activate the Mobile Card and/or use the Mobile Card for the Payment Service with an Apple Device with any pirated, hacked, fake and/or unauthorized applications or in which the software lockdown has been overridden or root access to its software operating system has been obtained (such as, but without limitation, a jailbroken or a rooted Apple Device); 

(c) never permit any other person to use the Apple Device with Mobile Card for the Payment Service and will at all times safeguard the Apple Device with Mobile Card and keep it under your personal control;  

(d) never request the generating of or activate the Mobile Card for use of the Payment Service in and use other person’s Mobile Cards for use of the Payment Service from the Apple Device of any other person; 

(e) delete all Mobile Cards for use of the Payment Service before sale or disposal of the Apple Device or passing the Apple Device to any other person; 

(f) use all reasonable care to keep your Password secret and secure. You shall bear the risk no matter whether your Password is mailed to you or set by you; 

(g) never use any easily accessible personal information or any personal identification number or user code or password or other person’s fingerprint for accessing, switching on or activating the Apple Device and/or the Payment Service; 

(h) never disclose the access to the Apple Device to any other person; 

(i) never write down, store or record the access to the Apple Device without disguising them or on anything usually kept with or near it; 

(j) safeguard against accidental or unauthorized disclosure of the access to the Apple Device, and change the access to the Apple Device regularly or where necessary; 

(k) examine and verify the correctness of each statement of account and all the debit and credit items on the said statement sent by the Bank to see if there are any errors, discrepancies, unauthorized 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 the Bank, in writing, within 90 days of the issuance of the said statement of any such Errors shown in the said statement of account in accordance with the Conditions; 

(l) notify the Bank of any loss or theft of the BOC Card or Debit Card and/or the Apple Device with Mobile Card as soon as reasonably practicable; and 

(m) notify the Bank of any suspected unauthorized transaction or use of the Mobile Card and/or the Payment Service for any unauthorized purpose as soon as reasonably practicable via the designated service hotline. 

Failure to take any security precautions in relation to the Mobile Card, Apple Device, access to Apple Device as may be recommended by the Bank and/or Apple from time to time shall be at your sole and absolute risk. The Bank shall, under no circumstances, be held liable for any loss or damages suffered or incurred by you arising or resulting therefrom. 

19. Upon the occurrence of any of the following events, you shall report as soon as reasonably practicable to the Bank by calling Customer Service Hotline (852) 2691 2323 and thereafter confirm the same in writing within 24 hours or such other period as the Bank may prescribe from time to time:   

(a) loss and/or theft of the BOC Card or Debit Card; 

(b) unauthorized or any suspected unauthorized use of the Mobile Card and/or the Payment Service; and/or 

(c) suspicion of any counterfeit or fraud transactions using the Mobile Card for the Payment Service. 

20. Without prejudice to the obligations under Clauses 18 and 19, you shall report the relevant event to the police and shall submit to the Bank satisfactory documentary evidence of such police report as soon as reasonably practicable. 

Your liability

21. You are solely responsible for ensuring that the Apple Device and other equipment are compatible with and capable of supporting the request for the generating, activation and use of the Mobile Card and the Payment Service. 

22. Provided that you have acted in good faith, with due care and in a timely manner (including taking the precautions under Clause 18 and reporting loss, theft and/or unauthorized use of the Apple Device, Mobile Card and/or the Payment Service in accordance with Clauses 18 to 20), you shall not be responsible for the loss and damage incurred: 

(a) for any unauthorized transactions made after you have duly notified the Bank of the loss, theft and/or unauthorized use of the Apple Device, Mobile Card and/or the Payment Service; 

(b) when faults have occurred in the terminals or other systems used causing you to suffer loss and damage, unless the fault was obvious or advised by a message or notice on display; and 

(c) when transactions are made through the use of counterfeit cards. 

23. Subject to Clause 24 and provided that you have acted in good faith, with due care and in a timely manner (including taking the precautions under Clause 18 and reporting loss, theft and/or unauthorized use of the Apple Device, Mobile Card and/or the Payment Service in accordance with Clauses 18 to 20), your liability for loss, theft or unauthorized use of the Apple Device, Mobile Card and/or the Payment Service shall not exceed the maximum from time to time prescribed by the applicable law or regulatory directive and/or the relevant provision(s) in the Conditions.

24. Notwithstanding anything contained herein to the contrary, you shall be fully liable for all losses and damages arising out of or in connection with the loss, theft and/or unauthorized use of the Apple Device, Mobile Card and/or the Payment Service if you have acted fraudulently or with gross negligence or has failed to comply with Clauses 18 to 20 or take reasonable precautions to prevent such loss, theft and/or unauthorized use of the Apple Device, Mobile Card and/or the Payment Service, or if the unauthorized use of the Mobile Card and/or the Payment Service involve(s) access to the Apple Device with or without your knowledge, you agree to indemnify and keep the Bank fully indemnified against all losses, damages, liabilities and all reasonable costs and expenses incurred as a result thereof.

25. You accept full responsibility for non-observance or violation of any provision of these terms and conditions and undertake and agree to fully indemnify the Bank towards any loss, damage, claim, conversion, any other financial charge that the Bank may incur and/or suffer as a result of any such non-observance or violation on your part.

Fees and charges  

26. All fees and charges payable by you under these terms and conditions are more particularly set out in and shall be paid according to the fees schedule as the Bank may issue and revise from time to time and payable in accordance with the terms and conditions of the particular services or facilities. The Bank reserves the right to charge a fee which may be debited to your account in respect of the Mobile Card in such amount(s) as specified by the Bank from time to time.

Deleting the Mobile Card

27. In case of malfunction of the Mobile Card, you shall immediately delete the relevant Mobile Card(s) for use of the Payment Service from the Apple Device.  

Limitation on liabilities

28. You confirm that you authorize us to debit your Bank Accounts with the amount of any transaction involving the use of your Mobile Card. Under no circumstances shall the Bank 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 Mobile Card or other devices provided by the Bank and other related services offered by the Bank, or the Payment Service provided by Apple or any goods and services obtained by you through the Payment Service, subject however to Clause 22 and except to the extent that any such loss or damage is attributable to the fraud, negligence or willful default on the part of the Bank. 

29. The Bank shall not be responsible for any delay in or any error, failure or malfunction of any computer system or other equipment employed by the Bank in the course of performing its obligations hereunder to you to the extent that it is attributable to any cause beyond the Bank’s reasonable control. 

30. The Payment Service is provided by Apple. The Bank is not responsible for the quality or performance of the Payment Service. No warranty, whether express or implied, is given by the Bank in relation to the Payment Service or any part thereof, including any warranty on its condition, quality, performance, merchantability, workmanship, fitness for any particular purpose, timeliness or non-infringement of third party rights, or that it is secure, error-free or will function without interruption.

31. The Bank is not responsible for any loss or damage or virus to your computer, Apple Device or any other relevant device or equipment, or any software or data (including loss or damage to or non-performance of any other applications installed or to be installed in any of the aforesaid) that may be caused by any request for the generating, activation or use of the Mobile Card and the Payment Service or any part thereof.

Disclosures

32. You authorize the Bank to collect, disclose, handle and use any of your information, the Apple Device for use of the Payment Service, any transaction of the Payment Service and your use of the Payment Service (collectively “Customer Data”) in accordance with the Data Policy Notice (as defined in the Conditions), Privacy Policy Statement or such other document(s) issued under whatever name from time to time by the Bank relating to its general policies on use, disclosure and transfer of personal data (as the same may be amended from time to time). 

33. The Bank may collect and store the unique identifier of your Apple Device (i.e. SEID number), type of Apple Device and/or Mobile Card number to enable eligibility checking of the Payment Service for the purpose of Mobile Card generating and maintenance. In case you do not allow the Bank to use any such information in the above manner, you may not be able to request the generating of and use a Mobile Card.  

Termination and suspension of Mobile Card for the Payment Service 

34. You may terminate the use of Mobile Card for the Payment Service and these terms and conditions by deleting the relevant Mobile Card for use of the Payment Service from the Apple Device or in such other manner as specified by the Bank from time to time provided that you shall remain liable for all transactions effected through the Payment Service notwithstanding such termination until all sums due under your account (whether or not posted to your account) are paid in full and duly comply with the Bank’s requirements and paying the fees and charges in accordance with Clause 26. Clauses 18 to 26 and 28 to 33 shall survive termination of these terms and conditions. 

35. You may suspend, resume, report loss or terminate the use of Mobile Card for the Payment Service in such manner as specified by the Bank from time to time. 

36. Upon deletion or termination of the Mobile Card for the Payment Service (whether by you or the Bank), you shall, at your own costs, delete the relevant Mobile Card for use of the Payment Service from the Apple Device or in such manner as the Bank or Apple may direct. You shall continue to be liable for the use of the relevant Mobile Card for the Payment Service and all charges arising therefrom notwithstanding deletion or termination of the relevant Mobile Card for the Payment Service. No request to terminate the use of the relevant Mobile Card for the Payment Service shall be effective unless and until the relevant Mobile Card is deleted or otherwise terminated by or disposed of in such manner as the Bank or Apple may direct.

37. The Bank may at any time with or without notice or cause, cease to subscribe to the Payment Service and/or any services offered thereunder and/or disapprove any transaction proposed to be effected thereby and may not give any reason. The Bank may further at any time with or without notice or cause, suspend, de-register, cancel or terminate the Mobile Card and may not give any reason. 

38. For the avoidance of doubt, upon expiration, cancellation or termination for any reason of a BOC Card or Debit Card to which the Payment Service is made available, the Payment Service shall also be automatically terminated at the same time. 

Changes

39. The Bank may (in its discretion) from time to time change any of these terms and conditions and/or the fees schedule (as referred to in Clause 26) provided that the Bank shall give you not less than 60 days’ notice before any significant change of these terms and conditions takes effect, unless such changes are beyond the Bank’s control.

Data Security

40. The Bank endeavours to ensure the security of your data transmitted via the use of Mobile Card for the Payment Service by the use of encryption technology. To protect your privacy and assets, you should not disclose your account number, user name and Password to anyone. Moreover, you are reminded not to use the Mobile Card for the Payment Service through hyperlinks embedded in e-mails. The Bank will never ask you for your account number, Password or any personal information via e-mails.  

Hyperlinks

41. Use of hyperlinks to other internet sites or resources is at your 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 you may provide to any third party. 

Communication

42. You shall forthwith notify the Bank of any change in your address, contact number and e-mail for communication as given for the use of Mobile Card for the Payment Service. The Bank reserves the right to change your address or other information in its records if such change comes to the notice of the Bank. You shall be solely responsible to ensure that the Bank has been informed of the correct information for communication, and the Bank disclaims all liabilities in case of any incorrect or outdated information resulting in any loss or damage incurred or suffered by you. 

Third Party Rights

43. (a) Subject to Clause 43(c), a person who is not a party to these terms and conditions has no right under the Contracts (Rights of Third Parties) Ordinance (Chapter 623 of the laws of Hong Kong) (the “Third Parties Ordinance”) to enforce or to enjoy the benefit of any provision of these terms and conditions. 

(b) Notwithstanding any provision of these terms and conditions, the consent of any person who is not a party to these terms and conditions is not required to rescind or vary these terms and conditions at any time. 

(c) Any director, officer, employee, affiliate or agent of the Bank may, by virtue of the Third Parties Ordinance, rely on any provision of these terms and conditions (including without limitation any indemnity, limitation or exclusion of liability) which expressly confers rights or benefits on that person.  

Governing Law

44. These terms and conditions shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region (“Hong Kong”). You and the Bank irrevocably submit to the non-exclusive jurisdiction of the Hong Kong courts. 

Miscellaneous

45. Each provision of these terms and conditions 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 or impaired in any way. 

46. These terms and conditions shall be binding on each successor, personal representative and person lawfully acting on your behalf.

47. No failure to act, omission or delay by the Bank to exercise or enforce any right under any terms and conditions shall operate as a waiver of such right, nor shall any single, partial or defective exercise of any right prevent any other or further exercise of it or the exercise of any other right. 

48. The Bank may assign or transfer all or any of its rights and obligations under these terms and conditions to any third party. You may not assign any of the rights and/or obligations under these terms and conditions.

Language

49. The Chinese version of these terms and conditions is for reference only. If there is any conflict or inconsistency between the English and Chinese versions of these terms and conditions, the English version shall prevail.

Click HERE to download Terms and Conditions for Use of Mobile Card for Mobile Payment Service

Bank of China (Hong Kong) Limited

Terms and Conditions for Use of Mobile Card for Mobile Payment Service

These terms and conditions are applicable to and govern the use of Mobile Card (as defined below) for the Mobile Payment Service (as defined below) provided by Mobile Payment Service Provider or its affiliates and supplemental and deemed to be incorporated into the “Conditions for Services”, “General Information” and other relevant applicable terms and conditions governing the use of the BOC Card or Debit Card (as may be amended from time to time at the discretion of the Bank) (collectively, “Relevant Terms”).   

Please read these terms and conditions carefully. By using the Mobile Card for the Mobile Payment Service and/or the related services and facilities from time to time available through the Mobile Payment Service, the BOC Card Customer (as defined below) or Debit Card Customer (as defined below) agrees to be bound by these terms and conditions. As these terms and conditions may be amended from time to time at the discretion of the Bank according to Clause 38 below and be posted through the Mobile Payment Service, the BOC Card Customer or Debit Card Customer should read these terms and conditions carefully whenever using the Mobile Card for the Mobile Payment Service. The BOC Card Customer or Debit Card Customer shall be deemed to have agreed to the revised terms and conditions if he/she continues to use the Mobile Card for the Mobile Payment Service following any changes to these terms and conditions.

Definitions

1. Terms and expressions defined in the Relevant Terms shall have the same respective meanings when used in these terms and conditions unless otherwise defined in these terms and conditions. In the event of any inconsistency between these terms and conditions, Relevant Terms in respect of the use of Mobile Card for the Mobile Payment Service, these terms and conditions shall prevail to the extent of inconsistency.  

2. In these terms and conditions, unless the context otherwise requires: “Mobile Device” means a designated and eligible electronic device, with or without a Mobile Card stored, prescribed by Mobile Payment Service Provider to support the use of the Mobile Payment Service, and the type or model of such electronic device is subject to change or cancellation by Mobile Payment Service Provider from time to time without prior notice;  

“BOC Card” means any BOC Card(s) issued by the Bank referred to in the Relevant Terms in whatever form, and the terms “Account”, “BOC Card Customer” and “Statement” shall be construed accordingly;  

“Debit Card” means any debit card(s) issued by the Bank referred to in the Relevant Terms in whatever form, and the terms “Account”, “Debit Card Customer” and “Statement” shall be construed accordingly;   

“Bank” means Bank of China (Hong Kong) Limited;    

“Mobile Card” means a digital representation form of the BOC Card or Debit Card stored or to be stored in a Mobile Device for effecting transactions at applicable electronic terminals but no physical card will be issued to BOC Card Customer or Debit Card Customer in respect of the Mobile Card;   

“Mobile Payment Service” means the service of electronic payment offered by Mobile Payment Service Provider using Mobile Device; and  

“Mobile Payment Service Provider” means a provider of Mobile Payment Service as the Bank may specify from time to time.

Effect of these terms and conditions  

3. The provisions of these terms and conditions set out the respective rights and obligations of the BOC Card Customer or Debit Card Customer and the Bank specifically in connection with the use of Mobile Card for the Mobile Payment Service. These terms and conditions supplement and shall be deemed to be incorporated into the Relevant Terms and together they govern the provision and use of Mobile Card for the Mobile Payment Service. It follows that:   

(a) the activities and transactions contemplated in these terms and conditions fall within the scope of and are subject to the applicable Relevant Terms; and    

(b) if there is any inconsistency between the provisions of these terms and conditions and the provisions of the applicable Relevant Terms in respect of the use of Mobile Card for the Mobile Payment Service, the provisions of these terms and conditions shall prevail to the extent of the inconsistency.  

Use of the Mobile Payment Service and Use of Mobile Card for the Mobile Payment Service    

4. The Mobile Payment Service enables the BOC Card Customer or Debit Card Customer to request the generating of and activate the Mobile Card based on the Card. Once the Mobile Card generating request is approved by the Bank, the Mobile Card is generated and transmitted to the Mobile Device. Upon activation of the Mobile Card in the Mobile Device, the BOC Card Customer or Debit Card Customer is able to use the Mobile Payment Service.    

5. The registration and use of the Mobile Payment Service is subject to the terms and conditions, rules and regulations, service guides or similar documents and materials from time to time specified by Mobile Payment Service Provider and other service provider(s) relevant for the provision of the Mobile Payment Service.   

6. The Bank does not own, operate or control the Mobile Payment Service (or any part thereof) and is not responsible for any service (including the Mobile Payment Service) provided to BOC Card Customer or Debit Card Customer by Mobile Payment Service Provider or any third party engaged, appointed or nominated by Mobile Payment Service Provider. The Bank is not responsible for any service (including the Mobile Payment Service) and information provided to BOC Card Customer or Debit Card Customer by Mobile Payment Service Provider or any third party engaged, appointed or nominated by Mobile Payment Service Provider. 

7. All transactions effected through the Mobile Payment Service by use of Mobile Card shall be shown in the Statement.  

8. The use of Mobile Card for the Mobile Payment Service is subject to these terms and conditions. By using the Mobile Card for the Mobile Payment Service, the BOC Card Customer or Debit Card Customer confirms and agrees to be bound by these terms and conditions, and the Relevant Terms.  

9. The Mobile Payment Service will only be made available to a BOC Card Customer or Debit Card Customer:   

(a) whose BOC Card or Debit Card is determined at the Bank’s sole discretion to remain valid and in good standing; and   

(b) whose BOC Card or Debit Card is accepted by the Bank at its discretion for registration with and use of the Mobile Payment Service; and  

(c) who maintains a Mobile Device; and   

(d) who has successfully requested the generating of and activated the Mobile Card in the Mobile Device.  

10. The BOC Card Customer or Debit Card Customer shall follow the guidance and instructions provided by Mobile Payment Service Provider and the Bank to request the generating of the Mobile Card for use of the Mobile Payment Service. The BOC Card Customer or Debit Card Customer shall immediately activate the Mobile Card for use of the Mobile Payment Service by means prescribed by the Bank and/or Mobile Payment Service Provider from time to time, including but not limited to entering the verification code received from the Bank.    

11. Notwithstanding any other provisions of these terms and conditions to the contrary, Mobile Payment Service Provider shall have the absolute sole discretion to determine the provision of the Mobile Payment Service to any Mobile Device. The Bank shall have no obligation (in whatsoever nature) to provide or continue to provide any Mobile Card for use of the Mobile Payment Service to any person. The Bank shall have the right to specify or vary from time to time the provision or use of Mobile Card for the Mobile Payment Service, including (but not limited to) the following:   

(a) the type(s) and number(s) of BOC Card or Debit Card for generating and activating the Mobile Card for use of the Mobile Payment Service;   

(b) any transaction limit or currency of the Mobile Payment Service;    

(c) any restriction, condition or specification on the availability or use of Mobile Card for the Mobile Payment Service; and    

(d) the Mobile Device on which a Mobile Card may be requested for the generating of and activated.    

12. The BOC Card Customer or Debit Card Customer shall act in good faith at all times in relation to all dealings with the Bank.   

13. The BOC Card Customer or Debit Card Customer agrees that he/she shall not use the Card, Mobile Card and/or the Mobile Payment Service for any illegal purchase and/or purposes.   

14. The BOC Card Customer or Debit Card Customer shall be solely responsible for all fees, charges, costs and expenses in relation to the Mobile Device, data connection and other ancillary services for the use of the Mobile Payment Service, and requesting for the generating of and activating the Mobile Card for use of the Mobile Payment Service.

15. The BOC Card Customer or Debit Card Customer may contact the Bank for requesting for the activation, suspension, deletion or termination of the Mobile Card. The BOC Card Customer or Debit Card Customer may contact Mobile Payment Service Provider for use of the Mobile Device and the Mobile Payment Service or other related customer services.

16. The Mobile Payment Service enables BOC Card Customer or Debit Card Customer to select a Mobile Card in the Mobile Device to make contactless payment (a) at merchants contactless-enable point-of-sales terminals or reader that accept contactless payment using a Mobile Card; and (b) in-app or other digital commerce payments at merchants participating in the Mobile Payment Service.

Duty to take security precautions   

17. The BOC Card Customer or Debit Card Customer shall take reasonable care of the Mobile Card and the Mobile Device (including access to the Mobile Device) and keep the Mobile Card and Mobile Device safely under his/her personal control. Without prejudice and in addition to the provisions of the Relevant Terms regarding the security of a Card or PIN, the BOC Card Customer or Debit Card Customer shall also take the following security precautions where reasonably practicable:   

(a) request the generating of and activate the Mobile Card for use of the Mobile Payment Service in accordance with Clause 9;  

(b) never request the generating of and activate the Mobile Card and/or use the Mobile Card for the Mobile Payment Service with a Mobile Device with any pirated, hacked, fake and/or unauthorized applications or in which the software lockdown has been overridden or root access to its software operating system has been obtained (such as, but without limitation, a jailbroken or a rooted Mobile Device);   

(c) never permit any other person to use the Mobile Device with Mobile Card for the Mobile Payment Service and will at all times safeguard the Mobile Device with Mobile Card and keep it under the BOC Card Customer or Debit Card Customer’s personal control;   

(d) never request the generating of or activate the Mobile Card for use of the Mobile Payment Service in and use other person’s Mobile Cards for use of the Mobile Payment Service from the Mobile Device of any other person;    

(e) delete all Mobile Cards for use of the Mobile Payment Service before sale or disposal of the Mobile Device or passing the Mobile Device to any other person;   

(f) never use any easily accessible personal information or any personal identification number or user code or password or other person’s fingerprint or biometric credentials for accessing, switching on or activating the Mobile Device and/or the Mobile Payment Service;  

(g) never disclose the access to the Mobile Device to any other person;   

(h) never write down, store or record the access to the Mobile Device without disguising them or on anything usually kept with or near it;   

(i) safeguard against accidental or unauthorized disclosure of the access to the Mobile Device, and change the access to the Mobile Device regularly or where necessary;  

(j) keep customer copy of the sales slips (if available) of the Mobile Payment Service transactions and check them against the Statement as soon as reasonably practicable after the BOC Card Customer or Debit Card Customer received it. Prompt notification to the Bank is required for any unauthorized transactions and/or objection to the Statement in accordance with the provisions of the applicable Relevant Terms;    

(k) notify the Bank of any loss or theft of the Card and/or the Mobile Device with Mobile Card as soon as reasonably practicable; and    

(l) notify the Bank of any suspected unauthorized transaction or use of the Mobile Card and/or the Mobile Payment Service for any unauthorized purpose as soon as reasonably practicable via the designated service hotline.

Failure to take any security precautions in relation to the BOC Card or Debit Card, Mobile Device, access to Mobile Device as may be recommended by the Bank and/or Mobile Payment Service Provider from time to time shall be at the sole and absolute risk of the BOC Card Customer or Debit Card Customer. The Bank shall, under no circumstances, be held liable for any loss or damages suffered or incurred by the BOC Card Customer or Debit Card Customer arising or resulting therefrom. 

18. Upon the occurrence of any of the following events, the BOC Card Customer or Debit Card Customer shall report as soon as reasonably practicable to the Bank by phone to the 24-hour hotline number (852) 2691-2323 of the Bank and thereafter confirm the same in writing within 24 hours or such other period as the Bank may prescribe from time to time:     

(a) loss and/or theft of the BOC Card or Debit Card;   

(b) unauthorized or any suspected unauthorized use of the Mobile Card and/or the Mobile Payment Service; and/or   

(c) suspicion of any counterfeit or fraud transactions using the Mobile Card for the Mobile Payment Service.    

19. Without prejudice to the obligations under Clauses 17 and 18, the BOC Card Customer or Debit Card Customer shall report the relevant event to the police and shall submit to the Bank satisfactory documentary evidence of such police report as soon as reasonably practicable.

BOC Card Customer or Debit Card Customer’s liability   

20. The BOC Card Customer or Debit Card Customer is solely responsible for ensuring that the Mobile Device and other equipment are compatible with and capable of supporting the request for the generating of, activation and use of the Mobile Card and the Mobile Payment Service.   

21. Provided that the BOC Card Customer or Debit Card Customer has acted in good faith, with due care and in a timely manner (including taking the precautions under Clause 17 and reporting loss, theft and/or unauthorized use of the Mobile Device, Mobile Card and/or the Mobile Payment Service in accordance with Clauses 17 and 18), the BOC Card Customer or Debit Card Customer shall not be responsible for the loss and damage incurred:   

(a) for any unauthorized transactions made after the BOC Card Customer or Debit Card Customer has duly notified the Bank of the loss, theft and/or unauthorized use of the Mobile Device, Mobile Card and/or the Mobile Payment Service;   

(b) when faults have occurred in the terminals or other systems used, which cause the BOC Card Customer or Debit Card Customer to suffer loss and damage, unless the fault was obvious or advised by a message or notice on display; and  

(c) when transactions are made through the use of counterfeit BOC Cards or Debit Cards.  

22. Subject to Clause 23 and provided that the BOC Card or Debit Card  Customer has acted in good faith,  with due care and in a timely manner (including taking the precautions under Clause 17 and reporting loss, theft and/or unauthorized use of the Mobile Device, Mobile Card and/or the Mobile Payment Service in accordance with Clauses 17 and 18), the liability of the BOC Card or Debit Card  Customer for loss, theft or unauthorized use of the Mobile Device, Mobile Card and/or the Mobile Payment Service shall not exceed the maximum from time to time prescribed by the applicable law, regulatory directive and/or applicable clause(s) under the Relevant Terms.

23. Notwithstanding anything contained herein to the contrary, the BOC Card Customer or Debit Card Customer shall be fully liable for all losses and damages arising out of or in connection with the loss, theft and/or unauthorized use of the Mobile Device, Mobile Card and/or the Mobile Payment Service if the BOC Card Customer or Debit Card  Customer has acted fraudulently or with gross negligence or has failed to comply with Clauses 17 or 18 or take reasonable precautions to prevent such loss, theft and/or unauthorized use of the Mobile Device, Mobile Card and/or the Mobile Payment Service, or if the unauthorized use of the Mobile Card and/or the Mobile Payment Service involve(s) access to the Mobile Device with or without the BOC Card Customer or Debit Card Customer’s knowledge, the BOC Card Customer or Debit Card Customer agrees to indemnify and keep the Bank fully indemnified against all losses, damages, liabilities and all reasonable costs and expenses reasonably incurred as a result thereof.   

24. The BOC Card Customer or Debit Card Customer accepts full responsibility for non-observance or violation of any provision of these terms and conditions and undertakes and agrees to fully indemnify the Bank towards any loss, damage, claim, interest, conversion, any other financial charge that the Bank may incur and/or suffer as a result of any such non-observance or violation on the part of the BOC Card Customer or Debit Card Customer.    

Fees and charges    

25.  All fees, charges and interest payable by the BOC Card Customer or Debit Card Customer under these terms and conditions are more particularly set out in and shall be paid according to the Fees Schedule as the Bank may issue and revise from time to time. The Bank reserves the right to charge a fee which may be debited to the Account in respect of the Mobile Card in such amount(s) as specified by the Bank from time to time.    

Deleting the Mobile Card  

26.  In case of malfunction of the Mobile Card, the BOC Card Customer or Debit Card Customer shall immediately delete the relevant Mobile Card(s) for use of the Mobile Payment Service from the Mobile Device.   

Limitation on liabilities    

27. Under no circumstances shall the Bank be responsible for any direct loss and liability which the BOC Card or Debit Card  Customer may suffer or incur as a result of or otherwise relating to any use, misuse or malfunction of the Mobile Card or other devices provided by the Bank and other related services offered by the Bank, or the Mobile Payment Service provided by Mobile Payment Service Provider or any goods and services obtained by the BOC Card Customer or Debit Card Customer through the Mobile Payment Service, subject however to Clause 21 and except to the extent that any such loss or damage is attributable to the fraud, negligence or wilful default on the part of the Bank.   

28. The Bank shall not be responsible for any delay in or any error, failure or malfunction of any computer system or other equipment employed by the Bank in the course of performing its obligations hereunder to the BOC Card Customer or Debit Card Customer to the extent that it is attributable to any cause beyond the Bank’s reasonable control.   

29. The Mobile Payment Service is provided by Mobile Payment Service Provider. The Bank is not responsible for the quality or performance of the Mobile Payment Service. No warranty, whether express or implied, is given by the Bank in relation to the Mobile Payment Service or any part thereof, including any warranty on its condition, quality, performance, merchantability, workmanship, fitness for any particular purpose, timeliness or non-infringement of third party rights, or that it is secure, error-free or will function without interruption.   

30. The Bank is not responsible for any loss or damage or virus to the BOC Card Customer or Debit Card Customer’s computer, Mobile Device or any other relevant device or equipment, or any software or data (including loss or damage to or non-performance of any other applications installed or to be installed in any of the aforesaid) that may be caused by the request for the generating of, activation or use of the Mobile Card and the Mobile Payment Service or any part thereof.  

Disclosures

31. The BOC Card Customer or Debit Card  Customer authorizes the Bank to collect, disclose, handle and use any information relating to the BOC Card Customer or Debit Card Customer, the Mobile Device for use of the Mobile Payment Service, any transaction of the Mobile Payment Service and the use of the Mobile Payment Service by the BOC Card Customer or Debit Card Customer (collectively “Customer Data”) in accordance with the Data Policy Notice (as defined in the Relevant Terms ), Privacy Policy Statement or such other document(s) issued under whatever name from time to time by the Bank relating to its general policies on use, disclosure and transfer of personal data (as the same may be amended from time to time).   

32. The Bank may collect and store the unique identifier of the BOC Card Customer or Debit Card Customer’s Mobile Device (i.e. SEID or Device ID), type of Mobile Device and/or Mobile Card number to enable eligibility checking of the Mobile Payment Service for the purpose of Mobile Card generating and maintenance. BOC Card Customer or Debit Card Customer who does not allow the Bank to use any such information in the above manner may not be able to request the generating of and use a Mobile Card.   

Termination and suspension of Mobile Card for the Mobile Payment Service   

33. The BOC Card Customer or Debit Card Customer may terminate the use of Mobile Card for the Mobile Payment Service and these terms and conditions by deleting the relevant Mobile Card for use of the Mobile Payment Service from the Mobile Device or in such other manner as specified by the Bank from time to time provided that the BOC Card Customer or Debit Card Customer shall remain liable for all transactions effected through the Mobile Payment Service notwithstanding such termination until all sums due under the Account (whether or not posted to the Account) are paid in full and duly comply with the Bank’s requirements and paying the fees and charges in accordance with Clause 25. Clauses 17 to 19, 20 to 25 and 27 to 32 shall survive termination of these terms and conditions.    

34. The BOC Card Customer or Debit Card Customer may suspend, resume, report loss or terminate the use of Mobile Card for the Mobile Payment Service in such manner as specified by the Bank from time to time.   

35. Upon deletion or termination of the Mobile Card for the Mobile Payment Service (whether by the BOC Card Customer or Debit Card Customer or the Bank), the BOC Card Customer or Debit Card Customer shall, at his/her own costs, delete the relevant Mobile Card for use of the Mobile Payment Service from the Mobile Device or in such manner as the Bank or Mobile Payment Service Provider may direct. The BOC Card Customer or Debit Card Customer shall continue to be liable for the use of the relevant Mobile Card for the Mobile Payment Service and all charges arising therefrom notwithstanding deletion or termination of the relevant Mobile Card for the Mobile Payment Service. No request to terminate the use of the relevant Mobile Card for the Mobile Payment Service shall be effective unless and until the relevant Mobile Card is deleted or otherwise terminated by or disposed of in such manner as the Bank or Mobile Payment Service Provider may direct. 

36. The Bank may at any time with or without notice or cause, cease to subscribe to the Mobile Payment Service and/or any services offered thereunder and/or disapprove any transaction proposed to be effected thereby and may not give any reason. The Bank may further at any time with or without notice or cause, suspend, de-register, cancel or terminate the Mobile Card and may not give any reason.   

37. For the avoidance of doubt, upon expiration, cancellation or termination for any reason of a BOC Card or Debit Card to which the Mobile Payment Service is made available, the Mobile Payment Service shall also be automatically terminated at the same time. 

Amendment

38.  The Bank may (in its discretion) from time to time change any of these terms and conditions and/or the Fees Schedule (as referred to in Clause 25) provided that the Bank shall give the BOC Card Customer or Debit Card Customer not less than 60 days’ notice before any significant change of these terms and conditions takes effect, unless such changes are beyond the Bank’s control.   

Third Party Rights   

39. (a) Subject to Clause 39(c), a person who is not a party to these terms and conditions has no right under the Contracts (Rights of Third Parties) Ordinance (Chapter 623 of the laws of Hong Kong) (the “Third Parties Ordinance”) to enforce or to enjoy the benefit of any provision of these terms and conditions.   

(b) Notwithstanding any provision of these terms and conditions, the consent of any person who is not a party to these terms and conditions is not required to rescind or vary these terms and conditions at any time.    

(c) Any director, officer, employee, affiliate or agent of the Bank may, by virtue of the Third Parties Ordinance, rely on any provision of these terms and conditions (including without limitation any indemnity, limitation or exclusion of liability) which expressly confers rights or benefits on that person.   

Law and jurisdiction   

40. These terms and conditions shall be governed by and construed in accordance with the laws of Hong Kong and the BOC Card Customer or Debit Card Customer irrevocably submits to the nonexclusive jurisdiction of the Hong Kong courts. 

Miscellaneous

41. Each provision of these terms and conditions 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 or impaired in any way.   

42. These terms and conditions shall be binding on each successor, personal representative and person lawfully acting on behalf of the BOC Card Customer or Debit Card Customer.   

43. No failure to act, omission or delay by the Bank to exercise or enforce any right under any terms and conditions shall operate as a waiver of such right, nor shall any single, partial or defective exercise of any right prevent any other or further exercise of it or the exercise of any other right.   

44. The Bank may assign or transfer all or any of its rights and obligations under these terms and conditions to any third party. The BOC Card Customer or Debit Card Customer may not assign any of the rights and/or obligations under these terms and conditions. 

Interpretation

45. The Chinese version of these terms and conditions is for reference only. If there is any conflict or inconsistency between the English and Chinese versions of these terms and conditions, the English version shall prevail.