CCB (ASIA) CREDIT CARD CARDMEMBER AGREEMENT:
Effective Date : August 1, 2019
IMPORTANT! PLEASE READ CAREFULLY AND MAKE SURE THAT YOU THOROUGHLY UNDERSTAND THE TERMS AND CONDITIONS SET OUT BELOW. IF AT ANY TIME YOU DO NOT ACCEPT ANY OF THEM, PLEASE CUT THE CARD IN HALF AND NOTIFY CCB (ASIA). THE CARDMEMBER AGREEMENT ("AGREEMENT") COMPRISES THE TERMS AND CONDITIONS SET OUT BELOW AND THE FEE SCHEDULE. YOUR USE OF THE CARD (INCLUDING ACTIVATION OR SIMPLY MAINTAINING THE CARD ACCOUNT) WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOUR CREDIT CARD IS A CCB (ASIA) OCTOPUS UNIONPAY DUAL CURRENCY CREDIT CARD, THE CARDMEMBER AGREEMENT SHALL ALSO COMPRISE THE TERMS AND CONDITIONS FOR USE OF OCTOPUS CARD FUNCTION ON CCB (ASIA) OCTOPUS UNIONPAY DUAL CURRENCY CREDIT CARD.
| 1. |
DEFINITIONS
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In this Agreement, the following words have the corresponding meanings: |
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"CCB (Asia)" means China Construction Bank (Asia) Corporation Limited. |
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"Card" means any credit card (including any replacement and subsequently renewed credit card) issued by CCB (Asia) from time to time, whether it be VISA, Mastercard or UnionPay. Where the context permits or requires, a Card includes a supplementary card. For UnionPay Dual Currency Credit Card, the Card shall comprise a HKD Card Account and a RMB Card Account. |
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"Cardmember" means the person to whom the Card is issued and, where the context permits or requires, includes the Supplementary Cardmember(s). |
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"Card Account" means the account with CCB (Asia) in respect of the Card. For UnionPay Dual Currency Credit Card, Card Account means either the HKD Card Account or the RMB Card Account or both in respect of the Card. |
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"Electronic Service" means the Card related services available from CCB (Asia)'s electronic channels, including CCB (Asia)'s website and mobile application software. |
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"Fee Schedule" means the CCB (Asia) Credit Card Fee Schedule (as amended or modified from time to time), a copy of which is available by calling the CCB (Asia) Credit Card 24-hour Customer Service Hotline at 317 95533 for VISA and Mastercard Credit Card or 317 95568 for UnionPay Dual Currency Credit Card or at CCB (Asia)'s website at www.asia.ccb.com. |
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"Fees and Charges" means the fees and charges set out in the Fee Schedule. |
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"Hong Kong" means the Hong Kong Special Administrative Region of the People's Republic of China. |
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"HKD" means Hong Kong Dollar(s), being the lawful currency of Hong Kong. |
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"HKD Card Account" means an account in HKD opened and maintained under the Card by CCB (Asia) for recording debits and credits in respect of the use of the Card. |
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"I", "me", "my" and "myself" means the Cardmember. |
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"JETCO" means Joint Electronic Teller Services Limited. |
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"Macau" means the Macau Special Administrative Region of the People's Republic of China. |
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"Mainland China" means the People's Republic of China excluding Hong Kong and Macau. |
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"Mastercard" means Mastercard International (and any successor or assign). |
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"OCL" means Octopus Cards Limited. |
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"Octopus card" means a stored value card or product issued by OCL. |
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"Password" means the identification made available to or selected by me and used (together with the Username) to access the Electronic Service provided by the CCB (Asia). |
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"Personal Data" means the personal data relating to me. |
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"PIN" means all personal identification number(s) selected by, me for the purpose of identifying me for certain transactions made through the use of the Card. |
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"RMB" means Renminbi, being the lawful currency of the People's Republic of China. |
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"RMB Card Account" means an account in RMB opened and maintained under the Card by CCB (Asia) for recording debits and credits in respect of the use of the Card. |
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"Statement of Account" means the monthly or other statement arising from the Card Account sent to me setting out, among other things, the charges and other financial liabilities owed as at that date by me. |
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"Supplementary Cardmember" means any person nominated by the Cardmember and to whom a supplementary card is issued. |
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"UnionPay" means China UnionPay Company Limited, a joint stock limited liability company established in the People's Republic of China. |
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"Username" means the user identification made available to or selected by me and used (together with the Password) to access the Electronic Service. |
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"VISA" means Visa International Service Association (and any successor or assign). |
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| 2. |
APPLICATION OF THIS AGREEMENT
| 2.1 |
I understand, acknowledge and consent that all facilities made available to me in respect of the Card or the Card Account are subject to the terms and conditions of this Agreement from time to time in force and any other applicable terms and conditions. I shall become subject to such terms and conditions (if not already so subject) by signing, activating or using the Card or permitting its use. |
| 2.2 |
This Agreement shall be binding on each successor, personal representative and person lawfully acting on behalf of any Cardmember. |
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| 3. |
USE OF THE CARD
| 3.1 |
The Card - I shall sign and activate the Card upon its receipt and keep the Card in a safe place. I shall be liable for all losses as a result of any failure or delay in so doing. The Card remains the property of CCB (Asia) at all times and shall be returned to CCB (Asia) upon request. |
| 3.2 |
PIN - I shall handle with due care any PIN or Password for use with the Card and keep such PIN and Password (if applicable) confidential. In particular, I agree:
| (i) |
to destroy the original printed copy of any PIN or Password; |
| (ii) |
not to allow anyone else to use the Card, any PIN or Password; |
| (iii) |
not to write down any PIN or Password on the Card or on anything usually kept with or near the Card; |
| (iv) |
not to write down or record any PIN or Password without disguising it; |
| (v) |
that, whenever I choose a PIN or Password, I will not choose a number that is likely to be guessed by a third party (for example, my date of birth or the date of birth of a Supplementary Cardmember or relative or any part of any of my telephone numbers); and |
| (vi) |
not to use the PIN or Password for accessing other services (for example, connection to the Internet or accessing other websites). |
I shall be liable for all losses resulting from any failure to choose a PIN or Password, or handle the Card, a PIN or Password, with due care. I agree to accept full responsibility for all consequences, losses and/or liabilities arising or incurred as a result of the PIN or Password being known to another person for whatever reason (other than negligence of CCB (Asia)) and shall indemnify CCB (Asia) for any loss or damage reasonably incurred by it. |
| 3.3 |
Validity, Expiry and Renewal - The Card shall expire on the last day of the month indicated thereon (unless terminated earlier). I must return the Card to CCB (Asia) upon request. The renewal of the Card shall be at CCB (Asia)'s discretion. If my Card is not renewed, the whole outstanding balances of my Card Account(s) become due and payable immediately. Any renewal of the Card is subject to my right to cancel the Card by giving CCB (Asia) written notice within thirty (30) days from the date of renewal. |
| 3.4 |
Acceptance of Cards by Merchants - CCB (Asia) is not liable or responsible if (i) my Card is not accepted or honored by any merchant for any reason whatsoever, and/or (ii) CCB (Asia) refuses to grant credit authorization for any purchase notwithstanding the availability of credit in my favour under my Card Account. Further, I will not hold CCB (Asia) liable or responsible in respect of any product or service purchased through the Card or any benefits given to me or other persons. In case I wish to cancel any direct debit transaction(s) or authorization(s) effected in respect of the use of the Card with any merchant, I shall arrange cancellation with the relevant merchant. The existence of any claim or dispute between any merchant and myself shall not relieve my obligation to settle any sum outstanding with CCB (Asia). Subject to Clause 9 below, my failure to sign any credit card sales draft or cash advance voucher will not relieve my liability to CCB (Asia) in respect of the relevant transactions effected by use of the Card. |
| 3.5 |
Credit Limit
| (i) |
Combined credit limit for VISA, Mastercard and UnionPay Dual Currency Credit Card - I will be given a combined credit limit expressed in HKD (inclusive of a cash advance limit) which will be the maximum allowable outstanding balance in respect of all my VISA, Mastercard and UnionPay Dual Currency Card Account(s) at any time. Within such combined credit limit, CCB (Asia) may further, if applicable, determine a pre-set credit limit in respect of a Card Account. |
| (ii) |
Right to Vary - CCB (Asia) may vary the combined credit limit, the pre-set credit limit and/or cash advance limit for VISA, Mastercard and UnionPay Dual Currency Credit Card; (collectively the "Limits") at its discretion from time to time. For details of the maximum allowable outstanding balance and/or the Limits, I may contact CCB (Asia). My Limits will be shared between me and all of my Supplementary Cardmember(s) (if applicable). I shall strictly observe such Limits. CCB (Asia) reserves the right to decrease the Limits from time to time, without prior notice to or consent from me. CCB (Asia) may at its sole discretion permit transaction to be effected in excess of the Limits and I shall be liable for such transaction and related fees and charges (including the Overlimit Fee) in accordance with the terms of this Agreement. I understand that I may elect to opt-out of the over-the-limit facilities at any time by such means as CCB (Asia) may determine. Notwithstanding the foregoing, I agree that CCB (Asia) still reserves the right to permit transaction to be effected in excess of the Limits under such circumstances as CCB (Asia) may prescribe. |
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| 3.6 |
Use of Card
| (i) |
The Card is issued for my personal use and is not transferable. I shall open and maintain the Card Account to the satisfaction of CCB (Asia). I understand and agree that certain transactions (in particular, when physical presentation of the Card is not necessary) may still be effected and charged to my Card Account(s) even if the Card is not activated. I shall still be liable for all transactions effected by use of the Card, irrespective of whether the Card is activated or not. The use of the Card is subject to: (i) the combined credit limit or the pre-set credit limit for VISA, Mastercard and UnionPay Dual Currency Credit Card, in connection with the payment for any purchase of goods and/or services, payment for which may be charged to the Card Accounts; and (ii) the cash advance limit set by CCB (Asia) in connection with cash advances and/or credit facilities subject to any pre-arrangement required by CCB (Asia). CCB (Asia) is entitled to determine the channel through which I can obtain cash advance by using the Card. I understand and acknowledge that prior activation (in the manner as from time to time indicated) shall be made before overseas cash advance and overseas Automatic Teller Machine (ATM) functions are available. No other person is permitted to use my Card for charges, for identification or for any other purpose. If I allow someone else to use my Card or relinquish physical possession of my Card, I will remain fully liable to CCB (Asia) for payment for all charges incurred with my Card. The Card shall not be used for payment or settlement of any unlawful transactions under any applicable law. CCB (Asia) reserves the right to decline processing or paying any transaction which CCB (Asia) suspects to be an unlawful transaction under any applicable law. I may use the Card in Hong Kong, Mainland China and such other places from time to time as determined by CCB (Asia) for purchase of product and/or service at merchants or financial institutions which are using or connected to VISA, Mastercard, UnionPay and/or JETCO systems and/or for cash advances effected at ATM(s) bearing the logo(s) from time to time adopted by VISA, Mastercard, UnionPay and/or JETCO and such other card facilities or services as CCB (Asia) may from time to time provide or arrange. |
| (ii) |
(Applicable to UnionPay Dual Currency Credit Card) I acknowledge and agree that if the Card issued to me is the CCB (Asia) Octopus UnionPay Dual Currency Credit Card, it will be equipped with the Octopus card function by OCL, any use of the Octopus card function on such Card shall be subject to the Terms and Conditions for use of Octopus card function on CCB (Asia) Octopus UnionPay Dual Currency Credit Card from time to time in force and I agree to be bound by them upon such use. |
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| 4. |
FEES AND CHARGES
| 4.1 |
Fees and Charges - I agree the following Fees and Charges shall be levied on my Card Accounts. MORE DETAILS ARE SHOWN IN THE FEE SCHEDULE. I CONFIRM THAT I UNDERSTAND THESE FEES AND CHARGES. |
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Annual Membership Fee - Unless informed otherwise, an annual fee will be chargeable. |
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Benefits Fees - I agree I will be subject to the applicable terms and conditions for the enjoyment of certain Card benefits; failing which agreement, I will not be eligible to enjoy such benefits or I will be charged the relevant fees (as determined by CCB (Asia) at its discretion). |
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Card Replacement Fee - A card replacement fee will be charged per replacement Card. |
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Cash Advance Fee - A handling fee will be charged for every cash advance transaction made. |
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Credit Balance Refund Handling Fee - Withdrawal of any credit balance of my Card Accounts will be subject to a handling fee. |
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Credit Card Repayment Service Fee at Designated Payment Affiliates - A handling fee will be charged for every payment transaction made through any designated payment affiliate of CCB (Asia). |
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Credit Reference Letter Handling Fee - Issuance of a credit reference letter will be subject to a handling fee. |
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Credit Card Paper Statement Fee - A service fee will be charged per quarter if I choose to receive the paper statement. |
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Fee relating to Foreign Currency Transactions (Applicable to VISA and Mastercard Credit Card) - A fee will be charged for every transaction effected in a currency other than HKD. |
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Fee relating to Settling Foreign Currency Transactions in Hong Kong Dollars - A fee will be charged by Visa, Mastercard or UnionPay (if applicable) on a foreign currency transaction which has been simultaneously converted into HKD by an overseas merchant or a merchant registered outside Hong Kong at the point of sale. |
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Finance Charge - In respect of cash advance, the finance charge is calculated from the date of advance until full repayment is received. In respect of a retail purchase, if you pay the outstanding balance in full on or before the payment due date (each as shown in the Statement of Account), no finance charge will be levied. If (for a cash advance or retail purchase) the amount paid is less than the whole outstanding balance, a finance charge will be applied to the retail purchase (at the interest rate shown on the Fee Schedule) based on:
| (i) |
the unpaid balance (shown in the previous Statement of Account) from the Statement Date immediately preceding the Payment Due Date (shown in that Statement of Account) until payment in full; and |
| (ii) |
the amount of each new transaction being posted since the Statement Date, from the transaction date until payment in full. |
| The applicable finance charges in respect of cash advances and retail purchases are specified in the Fee Schedule. |
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Foreign Currency Check Processing Fee - Foreign currency check(s) other than the specified currency of the relevant Card Account(s) (which CCB (Asia) may at its discretion accept) will be processed subject to a handling fee. For the avoidance of doubt, RMB check will not be accepted. |
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Late Payment Fee - If I fail to pay in full the respective "Minimum Payment" on or before the "Payment Due Date", each as set out in the Statement of Account, in respect of any of my Card Account(s), a late charge or late charges will be imposed on each of the relevant overdue Card Account(s). |
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Overlimit Fee - An overlimit fee will be charged once per each Statement of Account if the outstanding balance as at the date of the Statement Date as set out in the Statement of Account exceeds the combined credit limit or the pre-set credit limit for VISA, Mastercard and UnionPay Dual Currency Credit Card. |
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Sales Draft Retrieval Fee - Retrieval of a sales draft copy will be subject to a handling fee. |
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Statement Retrieval Fee - Retrieval of a copy of a Statement of Account will be subject to a handling fee. |
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I agree to pay such other reasonable fees and charges as notified by CCB (Asia) from time to time (including, without limitation, (i) fees and charges relating to the processing of cash payments; and (ii) fees and charges specified in any application form, product feature leaflet or other relevant marketing or promotional materials in relation to the Card). |
| 4.2 |
Payment Order - Payment of the Fees and Charges shall be made by such means and in such manner as CCB (Asia) may from time to time specify and will be accepted subject to CCB (Asia)'s regular business practices and procedures. Any payment made shall be applied in settling my Card Accounts in the following sequence:
| (i) |
Late Payment Fee and Overlimit Fee; then |
| (ii) |
Cash Advance Fee; then |
| (iii) |
Sales Draft Retrieval Fee, Card Replacement Fee, Credit Card Paper Statement Fee, Statement Retrieval Fee, and other Fees and Charges; then |
| (iv) |
Annual Membership Fee; then |
| (v) |
Finance Charge for cash advance interest; then |
| (vi) |
Finance Charge for interest on purchases; then |
| (vii) |
monthly installments balance; then |
| (viii) |
outstanding balance with the highest Annualized Percentage Rate (APR); then |
| (ix) |
any remaining portion to the other outstanding balances in descending order based on the applicable APR(s); then |
| (x) |
any other amount payable under this Agreement. |
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For the avoidance of doubt, the balances under clauses (viii) and (ix) include the amount(s) payable under promotion program(s), if any, that may be implemented from time to time, outstanding balance in respect of cash advance and outstanding balance in respect of purchases. |
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| 5. |
DEFAULT AND INDEMNITY
| 5.1 |
Default - If I fail to pay any amount due under this Agreement on its due date, my right to use the Card may be revoked or suspended. I shall also immediately become liable to pay the total amount charged to the Card (whether or not the purchase transactions made have been posted to the Card Accounts), including the interest, all fees and the full annual fee, late charges and other charges whether incurred in Hong Kong, Mainland China or elsewhere. |
| 5.2 |
Collection Costs - If CCB (Asia) refers the collection of my Card Accounts to a collection agency and/or a lawyer, I shall be liable to pay the reasonable costs and expenses of such collection agent and/or lawyer and such other reasonable costs and expenses reasonably incurred by CCB (Asia) in recovering such payment and enforcing CCB (Asia)'s rights. |
| 5.3 |
Indemnity - I shall indemnify CCB (Asia) on demand, for such amount of loss, damage, costs and expenses (including all reasonable legal and debt collection costs and expenses) which CCB (Asia) may reasonably incur by reason of any transaction effected through the use of a Card or any default by me in respect of any provision of this Agreement. |
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| 6. |
DATA PRIVACY
| 6.1 |
Privacy Notice - I acknowledge, confirm and agree that CCB (Asia) may and may continue to obtain, use, store, transfer and disclose (whether within or outside Hong Kong) Personal Data for such purposes and to such persons in accordance with its policies on the use and disclosure of personal data as set out in its privacy policies or any other statements, circulars, notices or terms and conditions from time to time made available by CCB (Asia) to its customers. Accordingly, CCB (Asia) may obtain the Personal Data from, or provide the Personal Data to, among others, credit reference agencies, banks, any affiliate or group companies of CCB (Asia), government and regulatory bodies, agents, contractors, selected business partners and third party service providers and, in the event of default, debt collection agencies. |
| 6.2 |
Credit Reference Agencies - I acknowledge and confirm that I am aware that, in considering my application, a credit report is obtained and considered. I acknowledge that I have the right, on request, to be informed of what information is routinely disclosed by CCB (Asia) to credit reference agencies or debt collection agencies and be provided with further information to enable me to make an access and/or correction request to the relevant credit reference agency and/or debt collection agency. |
| 6.3 |
Transfer of Personal Data - Without prejudice to the foregoing, I authorize CCB (Asia) to disclose and transfer the Personal Data and the information about my Card Accounts confidentially to
| (i) |
any third party service providers (located in Hong Kong or otherwise) to provide me with administrative services and retain such relevant records in connection with the operation of Card Accounts and marketing of Card Account services; |
| (ii) |
affiliates or group companies of CCB (Asia) or its licensees worldwide; and |
| (iii) |
to any third party whose name or logo appears on the Card worldwide. |
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I further authorize CCB (Asia) to use and disclose the Personal Data and the information provided in connection with my Card Accounts for the purpose of updating and/or verifying any and all of my personal information that may be held by any affiliate, group companies or agent of CCB (Asia), marketing purposes (including, without limitation, (i) the marketing of products and/or services of any affiliate, group companies or agent of CCB (Asia) and/or selected business partners; and/or (ii) the exchange of non-financial information with any affiliate, group companies or agent of CCB (Asia) and/or selected business partners) and any other purpose as CCB (Asia) may from time to time notify me. |
| 6.4 |
Right to Request Access - I confirm that I am aware of my entitlement at any time to request access to information held by CCB (Asia) about my Card Accounts and update and correct such information. CCB (Asia) may impose a reasonable charge to cover the costs of complying with such requests. Requests should be addressed to CCB (Asia) and marked for the attention of the Data Protection Officer (Address: China Construction Bank (Asia) Corporation Limited, 19/F, CCB Centre, 18 Wang Chiu Road, Kowloon Bay, Kowloon). |
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| 7. |
LOST CARD LIABILITY
| 7.1 |
Report of Lost or Stolen Card - If the Card is lost or stolen or the PIN is known (or suspected to be known) by any other person, or if there is suspicion of any counterfeit card bearing the same account number as the Card, I will as soon as reasonably practicable report it to CCB (Asia) by calling the 24-Hour Lost Card Hotline at (852) 317 95505, or such other telephone number CCB (Asia) may specify from time to time. Any such event should also be promptly reported to the police and the police report must be produced to CCB (Asia) if requested. While I am in overseas, I should notify Visa, Mastercard or UnionPay (as appropriate) promptly. |
| 7.2 |
Liability - I shall be fully liable for all transactions effected through a lost or stolen Card or through unauthorized use of the PIN or counterfeit card occurring prior to the time the loss or theft was reported to CCB (Asia) in the manner described above, provided that if CCB (Asia) considers (in its sole opinion) I have acted in good faith and with due care and diligence and to have reported the loss or theft to CCB (Asia) and to the police in the manner described above, my maximum liability for unauthorized transactions made through the Card (not including cash transactions) before the loss or theft is reported to CCB (Asia) shall not exceed HKD500 on each occasion. |
| 7.3 |
Replacement Card Fee - Issue of any replacement Card shall be at CCB (Asia)'s discretion. CCB (Asia) may charge me a fee (as specified in the Fee Schedule) for the replacement of the lost or stolen Card and debit the same to the Card Account. |
I understand and acknowledge that I shall be liable for all losses suffered by CCB (Asia) if I (and/or any Supplementary Cardmembers(s)) have acted fraudulently or with gross negligence. |
| 8. |
PAYMENTS
| 8.1 |
Liability of the Cardmember
| (i) |
I shall be liable to CCB (Asia) for all amounts charged to my Card (whether or not the transaction have been posted to the Card Accounts), including cash advances, all interest, all fees and other charges, whether made in Hong Kong, Mainland China or elsewhere. |
| (ii) |
(Applicable to VISA and Mastercard Credit Card) I agree that all transactions (including cash advances) on the Card Account not made in HKD shall be converted to HKD using the applicable VISA or Mastercard exchange rate (as appropriate) on the date of conversion and posted to my HKD Card Account. I agree to accept the exchange rates without dispute. |
| (iii) |
(Applicable to UnionPay Dual Currency Credit Card) I agree that:
| (a) |
all transactions (including cash advances) made in Hong Kong or overseas, excluding Mainland China (irrespective of the currency of such transactions) shall be posted to my HKD Card Account. |
| (b) |
subject to sub-clause (c) below, all transactions (including cash advances) made in Mainland China (irrespective of the currency of such transactions) shall be posted to my RMB Card Account. |
| (c) |
certain transactions (including cash advances) made in RMB may be posted to my HKD Card Account due to the settlement arrangement. |
| (d) |
all transactions (including cash advances) which are effected by use of the Card in currency other than HKD and RMB made outside Mainland China shall be converted to HKD using the applicable UnionPay exchange rate on the date of conversion and posted to my HKD Card Account. I agree to accept the exchange rates without dispute. |
| (e) |
all Fees and Charges in respect of my HKD Card Account shall be posted to my HKD Card Account. |
| (f) |
all Fees and Charges in respect of my RMB Card Account shall be posted to my either HKD or RMB Card Account as set out in the Fee Schedule. |
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| (iv) |
I agree and authorize CCB (Asia) to debit the Card Account for all the amounts payable by me to CCB (Asia) on the relevant due dates. Without prejudice to the right of CCB (Asia) to demand immediate payment of the full amount outstanding at any time, I shall pay to CCB (Asia) at least the required minimum payment of my Card Account(s) indicated in each Statement of Account on or before the due date specified therein. |
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| 8.2 |
Currency
| (i) |
All my Card Account payments must be settled in the corresponding currency of the Card Account. Payment is only treated as effective once the relevant funds have been received for value by CCB (Asia). Card Account payments made by check(s) in currency that is different from the currency of the Card Account will be accepted at the discretion of CCB (Asia). The payment shall be converted into the corresponding currency of the Card Account using prevailing exchange rate adopted by CCB (Asia). I agree to accept the exchange rates without dispute. If CCB (Asia) agrees to accept such payment method, only the net amount actually received (less all applicable Fees and Charges) will be credited to the Card Account. |
| (ii) |
(Applicable to UnionPay Dual Currency Credit Card), I shall always specify clearly in respect of which Card Account(s) my payment(s) are made for settlement. In particular, all my HKD Card Account payments must be settled in HKD and my RMB Card Account payments must be settled in RMB. If payment made in HKD is for settlement of my RMB Card Account, I shall specify the payment as such in the manner as CCB (Asia) may determine from time to time. |
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| 8.3 |
Excess Credit
| (i) |
CCB (Asia) shall have the right (in its absolute discretion) to refuse the payment of any sum of money into my Card Account in excess of the outstanding balance of my Card Account. CCB (Asia) may retain in the Card Account or, return to me, or apply toward offsetting against any of my indebtedness owed to CCB (Asia), by such means as CCB (Asia) may determine, any excess sum deposited in settlement of the outstanding balance of my Card Account. |
| (ii) |
(Applicable to UnionPay Dual Currency Credit Card) Subject to CCB (Asia)'s rights under Clause 18 below, any excess payment in my HKD Card Account shall not be used to settle any outstanding balance of my RMB Card Account, and vice versa, unless I request otherwise and as approved by CCB (Asia). |
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| 8.4 |
Refund of Excess Credit - I agree that any excess credit in my Card Account will be returned to me, upon my request, in such manner as CCB (Asia) deems appropriate, provided that such excess credit is available in the Card Account at the time of the request. I agree that CCB (Asia) shall retain the final decision in relation of such request. |
| 8.5 |
Refunds - I understand and agree that any amount refunded from any transaction or otherwise recovered in relation to my Card Account(s), whether by way of return, reversal, cancellation, being void or otherwise, will be credited to the relevant Card Account(s). |
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| 9. |
STATEMENTS OF ACCOUNT
| 9.1 |
Statement of Account -
| (i) |
A Statement of Account will normally be issued at monthly intervals unless there are no entries covering the relevant statement period and:
| (a) |
(Applicable to VISA and Mastercard Credit Card) my Card Account has a debit balance of less than HK$10 or has a credit balance of less than HK$10 or has a zero balance. |
| (b) |
(Applicable to UnionPay Dual Currency credit card) both of my HKD Card Account and RMB Card Account have their respective debit balances of less than HKD10/RMB10 or both Accounts have a credit balance of less than HKD10/RMB10 or both Accounts have a zero balance. |
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| (ii) |
In case I do not receive the Statement of Account (other than due to the preceding provision), I shall promptly inform CCB (Asia) by calling the hotline shown on the Card. I understand I am deemed to have received all my Statements of Account unless I inform CCB (Asia) in this way. I agree to pay CCB (Asia) in accordance with the Statements of Account, and whether I receive any of the Statements of Account or not shall in no way relieve my liability to CCB (Asia) in respect of the sums due as listed in such Statement of Account. |
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| 9.2 |
Errors in the Statement of Account - The entries in the Statement of Account are presumed to be true and correct unless I notify CCB (Asia) in writing of any error or omission therein within sixty (60) days from the date of the Statement Date as set out in the Statement of Account. If no error is reported within the said period, the entries in the Statement of Account are deemed to be conclusively true and correct and binding on me. I hereby waive the need for any presentation of the charge/sales drafts in proof of transactions set out in the Statement of Account. |
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| 10. |
BONUS POINTS, BENEFIT SCHEMES AND/OR ASSOCIATION SERVICES
| 10.1 |
Bonus Points and/or Benefit Schemes - I understand that CCB (Asia) may from time to time introduce bonus points and/or benefit schemes that apply when I use my Card. These may entitle me to benefits, services or gifts. In each case, these bonus points and/or benefit schemes operate in accordance with the terms and conditions of the relevant bonus points and/or benefits scheme. |
| 10.2 |
Association Services - VISA, Mastercard or UnionPay may arrange for a package of services and privileges to be supplied to me by service providers. These services may be subject to changes from time to time with or without prior notice. CCB (Asia) is not responsible for the provision or supply of such services and does not act as service provider or as agent, representative or broker of any such service providers. Such services are provided to me without involvement, responsibility of or written agreement with CCB (Asia). CCB (Asia) does not accept responsibility for or represent or warrant the scope, quality or any other aspect of such services or service providers and shall not assume any liability resulting from or in connection with (whether directly or indirectly) such services. |
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| 11. |
OVERSEAS TRANSACTIONS
| (i) |
(Applicable to VISA and Mastercard Credit Card) All transactions effected in a currency other than HKD are converted from the transaction currency into HKD based on the exchange rate adopted by VISA or Mastercard, as applicable, on the date of conversion and charged to the Card Account. In addition, all transactions effected in a currency other than HKD are subject to the Fee relating to Foreign Currency Transactions (representing the charge imposed by VISA and Mastercard on the issuer of the Card) as set forth in the Fee Schedule. I agree to accept VISA and Mastercard exchange rates as quoted from time to time without dispute. |
| (ii) |
(Applicable to UnionPay Dual Currency Credit Card) Save and except for transactions effected in RMB and transacted in Mainland China, all transactions effected in a currency other than HKD including transactions effected in RMB transacted in territories outside Mainland China, including without limitation, Hong Kong or Macau, are converted from the transaction currency into HKD based on the exchange rate adopted by UnionPay on the date of conversion and charged to my HKD Card Account. I agree to accept UnionPay exchange rates as quoted from time to time without dispute. |
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| 12. |
INSURANCE OFFERS
| I understand that CCB (Asia) may arrange to provide insurance offers for my consideration through its selected insurance companies. The relevant marketing or promotional materials, fact sheets and summaries provided by such selected insurance companies are for information only. CCB (Asia) has no responsibility or role in describing, endorsing or otherwise promoting such insurance products. I acknowledge that I shall address all enquiries/requests to the licensed representatives of the relevant insurance company named in such materials. |
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| 13. |
ELECTRONIC SERVICE
| 13.1 |
Username and Password - In connection with the use of the Electronic Service by me, I shall take all reasonable steps to safeguard and ensure the confidentiality of the Username and Password at all times. In particular, I shall not disclose any details of the Username and Password to anyone else (including to the principal Cardmember or any Supplementary Cardmember (if applicable)), or to a member of CCB (Asia)'s staff, or to anyone giving helpdesk or other assistance in connection with the Card or the Electronic Service. |
| 13.2 |
Security Measures - I shall not allow anyone else to operate the Electronic Service on my behalf. I agree that I shall be bound by the terms and conditions in respect of my use of the Electronic Services provided by CCB (Asia) as set out in the relevant electronic channels of CCB (Asia) from time to time. I agree that the use of the Username and Password for the Electronic Service is adequate identification of myself. CCB (Asia), acting in good faith, is entitled to rely and act on instructions (given using the correct Username and Password via the Electronic Service) without obtaining any further written or other confirmation from me, and I shall nonetheless be responsible for all such instructions given through and my use of the Electronic Service even if those instructions are not actually given or authorized by me. |
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| 14. |
AMENDMENTS AND ASSIGNMENT
| 14.1 |
Amendments - CCB (Asia) has the right to amend, at its discretion, this Agreement (including the Fee Schedule) from time to time. I understand that a notice of amendment will be sent to me each time when CCB (Asia) amends this Agreement (including the Fee Schedule). Where such amendments affect the Fees and Charges and/or my liabilities or obligations, I will be given not less than sixty (60) days' notice before such amendments take effect (unless these amendments are not within the control of CCB (Asia). My continued use of the Card and/or failure to settle the entire outstanding balance of the Card Account and all outstanding Fees and Charges after the expiration of such notice shall be deemed an acceptance of such amendments.
If I do not accept any amendment, I must terminate my Card by giving CCB (Asia) a written notice of termination within thirty (30) days after the date of the notice of amendment. CCB (Asia) reserves the right to demand return of the Card (which should be cut into halves). I will still be responsible for all Fees and Charges incurred despite such termination, provided that if the termination is effected within thirty (30) days from the date of the notice of amendment, CCB (Asia) will repay me the Annual Fee and any other card account related periodic fee (if they can be clearly separated), if paid by me, on a pro rata basis unless the amount involved is minimal. |
| 14.2 |
Assignment and Waiver - I hereby agree that CCB (Asia) may assign, discount or otherwise transfer all or any part of its rights and/or obligations under the Card Accounts or this Agreement without notice to me. |
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| 15. |
TERMINATION and SUSPENSION
| 15.1 |
Termination and Suspension
| (i) |
I understand that I may at any time terminate my Card by giving CCB (Asia) not less than thirty (30) days written notice of termination. CCB (Asia) reserves the right at any time to terminate or suspend my Card without giving prior notice or providing a reason. Upon request by CCB (Asia), the Card (which should be cut into halves) must be returned to CCB (Asia) after termination. |
| (ii) |
(Applicable to UnionPay Dual Currency Credit Card) My Card is terminated or suspended if either my HKD Card Account or RMB Card Account is terminated or suspended. |
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| 15.2 |
Effect of Termination - If for any reason my Card is terminated by me or by CCB (Asia) or my right to use the Card is revoked on my bankruptcy, death or otherwise, then:
| (i) |
all rights and privileges (including those of any Supplementary Cardmember) shall be automatically terminated; and |
| (ii) |
the total amount charged to my Card (and every supplementary Card) whether or not the transactions made have been posted to the Card Accounts, including the interest, all fees and the full annual fee, and other charges (whether made in Hong Kong, Mainland China or elsewhere), shall become immediately due and payable without demand or notice. |
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| 15.3 |
Indemnity - I shall indemnify CCB (Asia) on demand, for such amount of loss, damage, costs and expenses, legal or otherwise (including all reasonable legal costs and expenses, and debt collection agent's reasonable costs and expenses) which CCB (Asia) may reasonably incur by reason of any transaction effected through the use of a Card. Pending such repayment, CCB (Asia) will be entitled to continue charging a late charge. Continued use of a terminated Card is strictly prohibited and may be unlawful. |
| 15.4 |
Closed Card Account
| (i) |
If there is credit balance remaining after the Card is terminated, in respect of a HKD Card Account, I shall arrange with CCB (Asia) to collect any such remaining credit balance in HKD by way of direct credit to my other HKD bank account with CCB (Asia) or by such other means as CCB (Asia) may determine within six (6) months from such termination. Otherwise, CCB (Asia) may (without prior notice) deduct from such remaining credit balance all reasonable administrative costs incurred by CCB (Asia) thereafter in maintaining such monies pending my collection. |
| (ii) |
(Applicable to UnionPay Dual Currency Credit Card) If there is credit balance remaining after the Card is terminated, in respect of a RMB Card Account, I shall arrange with CCB (Asia) to collect any such remaining credit balance in RMB by way of direct credit to my other RMB bank account with CCB (Asia) or by such other means as CCB (Asia) may determine within six (6) months from such termination. Otherwise, CCB (Asia) may (without prior notice) deduct from such remaining credit balance all reasonable administrative costs incurred by CCB (Asia) thereafter in maintaining such monies pending my collection. |
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| 16. |
INFORMATION UPDATES
| I shall promptly notify CCB (Asia) of any change in my personal information (including address, e-mail address and telephone number) and any change in my financial and employment status). |
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| 17. |
SUPPLEMENTARY CARDS
| 17.1 |
Liability of the Principal Cardmember - A Supplementary Cardmember shall be bound by the terms and conditions of this Agreement. I shall be fully liable for my debts and liabilities as well as all the debts and liabilities of the Supplementary Cardmember under the Card Accounts. |
| 17.2 |
Liability of the Supplementary Cardmember - Each Supplementary Cardmember shall be liable for his/her own debts and liabilities under the Card Accounts but shall not be liable for my debts and liabilities or the debts and liabilities of any other Supplementary Cardmember(s). Should I request cancellation of any supplementary card, the Supplementary Cardmember and I agree to pay and be liable for all debts and liabilities under that supplementary card including after such request and until such supplementary card is surrendered to and received by CCB (Asia). |
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| 18. |
SET-OFF
| 18.1 |
Set Off - CCB (Asia) may, at any time without prior notice, combine or consolidate any accounts (of whatever nature, wherever situate, whether in my name solely or jointly with other(s) and whether subject to notice or not), and set-off, debit, withhold, apply and/or transfer any sum standing to the credit of one or more of the accounts in or towards satisfaction of my obligations and/or liabilities to CCB (Asia) on any other account or in any other respect whatsoever, whether such obligations and/or liabilities be present or future, actual or contingent, primary or collateral, several or joint, secured or unsecured and whether they are owed by me to CCB (Asia) in whatever capacity, and where such combination, consolidation, set-off, debit, withholding, application or transfer requires the conversion of one currency into another, such conversion shall be calculated at the spot rate of exchange (as conclusively determined by CCB (Asia)) prevailing in the relevant foreign exchange market at the relevant time. In the case of a joint account, I agree that CCB (Asia) may exercise its rights herein and apply any credit balance in such joint account in or towards satisfaction of any obligations and/or liabilities owed to CCB (Asia) by myself or by the other joint account holder(s). I understand that CCB (Asia) shall, as soon as practicable, give notice to me of any exercise of its right under this clause.
Without prejudice to the generality of the foregoing, where a supplementary card is issued, CCB (Asia) may, at any time without prior notice, set-off, debit, withhold, apply and/or transfer (i) any sum standing to the credit of any one or more of my accounts in or towards satisfaction of the debts and liabilities of the Supplementary Cardmember under the Card Account; and (ii) any sum standing to the credit of any one or more of the Supplementary Cardmember's accounts in or towards satisfaction of the debts and liabilities of that Supplementary Cardmember under the Card Account. |
| 18.2 |
Lien - I hereby authorize CCB (Asia) to exercise a lien over all of my property coming into the possession or control of CCB (Asia) for any reason whatsoever, whether or not in the ordinary course of banking or credit card business, with power for CCB (Asia) to sell or otherwise realize such property, if necessary, and apply the net proceeds to satisfy any of my obligations and/or liabilities to CCB (Asia). |
| 18.3 |
Other Rights - The rights of CCB (Asia) under this Clause 18 shall be in addition and without prejudice to any lien or other right whatsoever to which CCB (Asia) may be entitled by law and shall apply to all of my liabilities to CCB (Asia), whether such liabilities or any of them arise on any account or in any other respect or manner whatsoever. |
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| 19. |
VERBAL INSTRUCTIONS
| In the course of providing the Card services, I acknowledge that CCB (Asia) may (but is not obliged to) record verbal instructions received from me and/or any verbal communication between me and CCB (Asia) in relation to such services. Verbal instructions shall be given and will only be accepted in accordance with such procedures and in such manner as CCB (Asia) may from time to time specify. I agree that, after reasonable verification of identity, (i) any verbal instructions given by me shall be irrevocable; (ii) CCB (Asia) is entitled to act on such verbal instructions; and (iii) any transaction effected as a result of such verbal instructions shall, in the absence of any wilful default or gross negligence on the part of CCB (Asia) in processing such transaction, be binding on me. |
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| 20. |
NOTICES
| 20.1 |
Any notice, demand or other communication may be sent to me in writing to my last known address, by e-mail to my last known email address, by short message service to my last known mobile number or by facsimile to my last known facsimile number. Written notice, demand or other communication shall be deemed to have been duly sent to and received by me
| (i) |
if delivered personally, at the time of delivery; |
| (ii) |
if sent by letter postage prepaid, on the third business day after posting; and |
| (iii) |
if sent by email, short message service or facsimile transmission, at the time of dispatch. |
I acknowledge that CCB (Asia) may communicate with me electronically in connection with the Card services. I agree to accept the risks of unauthorized interference or interception, corruption or loss of data or information in transmission, delay or non-delivery of any file, attachment or communication, transmission of virus, corruption of file or data and failure of system. I agree that CCB (Asia) shall not be liable for any loss or damage arising thereon. |
| 20.2 |
Without prejudice to Clause 14.1, all notices or announcements by CCB (Asia) in connection with any of the accounts, services or fees and charges governed by this Agreement shall also be deemed duly given or made and effective and binding on me if CCB (Asia) has:
| (i) |
displayed the notice or announcement at CCB (Asia)'s branches; or |
| (ii) |
advertised the notice or announcement in a daily newspaper circulating in Hong Kong; or |
| (iii) |
sent the notice or announcement by ordinary mail to my last known address; or |
| (iv) |
sent the notice or announcement by e-mail to my last known e-mail address; or |
| (v) |
sent the notice or announcement by short message service to my last known mobile number; or |
| (vi) |
in relation to transaction operated through Electronic Service offered by CCB (Asia), put the notice or announcement on CCB (Asia)'s electronic channels whether or not I have retrieved or read the notice. |
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| 21. |
INABILITY TO PERFORM OBLIGATIONS
| CCB (Asia) shall not be liable if it is unable to perform its obligations under this Agreement or if there is any failure in my/Supplementary Cardmember(s)' ability to use the Card or the Card services due (directly or indirectly) to the failure of any machine, data processing system or transmission link or any industrial dispute or any other factor outside the control of CCB (Asia) (or of CCB (Asia)'s agents or sub-contractors). |
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| 22. |
NO WAIVER OF RIGHTS
| No failure or delay by CCB (Asia) in exercising any right, power or remedy under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy by CCB (Asia). |
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| 23. |
ABSENCE FROM HONG KONG
| If I should be absent from Hong Kong for more than one month, arrangements to settle the Card Accounts should be made prior to my departure. |
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| 24. |
LANGUAGE
| If there is any difference between the English version of this Agreement and the Chinese version, the English version shall prevail. |
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| 25. |
GOVERNING LAW
| This Agreement shall be governed by and construed in accordance with the laws of Hong Kong. I agree to submit to the non-exclusive jurisdiction of the courts of Hong Kong. |
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| 26. |
SEVERABILITY
| If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired as a result. |
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| 27. |
RIGHTS OF THIRD PARTIES
| No person other than I and CCB (Asia) will have any right under the Contracts (Rights of Third Parties) Ordinance (Chapter 623 of the Laws of Hong Kong) to enforce or enjoy the benefit of any of the provisions of this Agreement. |
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