Terms & Conditions

China Construction Bank (Asia) Corporation Limited Terms and Conditions for Dragon HKPay UnionPay QR Code Payment Services:

Application
These Terms and Conditions (as defined below) apply to all users of the Service (as defined below). By using the Service, you agree to be bound by these Terms and Conditions.
Governing Terms
1. These Terms and Conditions shall govern our provision and your use of the Service, and the transactions conducted by you using the Service.
2. Each of the following shall be incorporated as an integral part of these Terms and Conditions, as if they are written in full herein:
  1. the Notice to Customers relating to the Personal Data (Privacy) Ordinance (“Notice ”);
  2. the Terms and Conditions for Online Banking Services (“Online Banking Terms ”);
  3. the License Agreement and Terms of Use on Mobile Banking (“Mobile App Terms”):
  4. the Terms and Conditions for CCB (Asia) Biometric Credential Logon Service (CCB (Asia) Mobile App) (“Biometric Credential Terms”)
    - AOS
    - iOS
  5. the Terms and Conditions for Bank Services relating to Faster Payment System (the “FPS Terms ”); and
  6. the Card Cardmember Agreement (“Cardmember Agreement ”).
3. The term “these Terms and Conditions ” means the terms and conditions expressly set out in this document, together with the Notice, the Online Banking Terms, the Mobile App Terms, the Biometric Credential Terms, the FPS Terms, the Cardmember Agreement and other terms and conditions applicable to the Service that may be provided by us to you from time to time.
4. In case of any inconsistency between the terms and conditions expressly set out in this document and the other terms and conditions referred to in sub-clause (b) above, the terms and conditions expressly set out in this document prevail for the purpose of the Service.
5. Your use of the Service may be subject to separate agreements you may enter into from time to time with third parties. These third parties may include your Mobile Device (as defined below) operating system provider, Mobile Device manufacturer, mobile service carrier or telecommunications service provider in connection with the Service. You agree to comply with all applicable third party terms and agreements when using the Service. We are not a party to those agreements. We are not responsible for the third parties and the products and services provided by any third parties.
Definitions
Unless the context requires otherwise, terms used in these Terms and Conditions have the following meaning:

“Applicable Regulation ” means any law, regulation or court order, or any rule, direction, guideline, code, notice or restriction (whether or not having the force of law) issued by any Authority or industry or self-regulatory body, whether in or outside Hong Kong, to which we or you are subject or with which we or you are expected to comply from time to time.

“Authority ” or “Authorities” includes any local or foreign judicial, administrative, public or regulatory body, any government, securities or futures exchange, court, central bank or law enforcement body, self-regulatory or industry bodies or associations of financial service providers or any of their agents with jurisdiction over any part of the CCBA Group.

“CCBA Group ” means CCBA, its affiliates, holding companies, subsidiaries, associated entities and any of their branches and offices (together or individually), and member of the CCBA Group has the same meaning.

“CCBA Mobile Banking App ” means the mobile application software which incorporates and utilises the Service or the related functions embedded thereunder as designated by us.

“Consumer Presented Mode ” is defined in Clause 4(a)(i)(A).

“Card ” means a primary credit card under your name (including any replacement and subsequently renewed credit card) with the branding of UnionPay issued by us in accordance with the Cardmember Agreement, as approved by UnionPay International to be eligible for the Service. Where the context permits or requires, a Card includes a card in physical and/or digital form.

“Card Account ” means the account with us in respect of the Card.

“Event of Force Majeure ” means an event beyond our reasonable control, including but not limited to any one or more of the following:
1. any act of God or sovereign;
2. acts, restrictions, Applicable Regulations, edicts, mandates, refusals to grant any licenses or permissions, changes in policy or prohibitions or measures of any kind on the part of any government or regulatory authority or the exercise of military or usurped powers;
3. interruptions, calamity, war, invasion, riots, hostilities, terrorism, sabotage or other blockade or embargo, insurrection, natural disasters, adverse weather conditions, strikes, industrial actions;
4. breakdown, malfunction or failure of transmission or power, communication or computer facilities or systems; and
5. a material change in the monetary, political, financial or economic conditions or exchange or capital controls or other moratorium or restrictions on currency exchange or remittance, whether in Hong Kong or elsewhere.
“HKICL ” means Hong Kong Interbank Clearing Limited and its successors and assigns.

“HKICL FPS ” means the Faster Payment System and related facilities and services provided, managed and operated by HKICL from time to time.

“Hong Kong ” means the Hong Kong Special Administrative Region of the People's Republic of China.

“Intellectual Property Rights ” means any trade marks, service marks, logos, trade names, corporate names, Internet domain names, patents, registered designs, copyrights, database rights, rights in designs, inventions, semiconductor topography rights, know-how, trade secrets or any similar rights, in each case in any part of the world, whether registered or not, and including any applications for the registration of any such rights, whether presently existing or created in the future, and all benefits, privileges or rights to sue, recover damages or obtain relief for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.

“Mainland China ” means the People’s Republic of China (which, for the purposes of these Terms and Conditions only, excludes Hong Kong, the Macau Special Administrative Region and Taiwan).

“Merchant ” means any business or service outlet (whether retail or otherwise) approved by UnionPay International, which accepts payments through the Service for the sale or supply of its goods and/or services.

“Merchant Presented Mode ” is defined in Clause 4(a)(i)(B).

“Mobile Device ” means a smartphone, tablet or electronic device with the CCBA Mobile Banking App installed.

“Notice ” is defined in Clause 2(b)(i) and includes the personal information collection statement applicable specifically to the Services.

“Personal Data ” means any information relating to an individual from which such individual can be identified.

“QR Code ” means a quick response code developed and generated by UnionPay International or another person (including a quick response code generated in a HKICL FPS format) for facilitating transactions conducted through the Service.

“Service ” means a service provided through the CCBA Mobile Banking App which enables you to execute transactions with Merchants through contactless payment methods (as described in Clause 4), and includes all ancillary and related services.

“Statement ” 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.

“UnionPay ” means the “UnionPay” brand of UnionPay International as displayed on UnionPay International enabled cards.

“UnionPay International ” means UnionPay International Co. Ltd. and its successors and assigns.

“UnionPay Terms ” means the user agreements, terms and conditions, rules and regulations, service guides or similar documents and materials specified by UnionPay International from time to time.

“we ”, “us ”, “our ” or “CCBA ” means China Construction Bank (Asia) Corporation Limited and its successors and assigns.

“you ” or “your ” means the person to whom we provide the Service and, where the context permits, includes each of your personal representatives and lawful successors.
Scope of the Service
1. The Service enables you to:
  1. bind one or more of your Cards to the CCBA Mobile Banking App for effecting contactless payments with a Merchant by either:
    1. generating and presenting a QR Code on the CCBA Mobile Banking App, and scanning such QR Code at the Merchant’s electronic terminal (“Consumer Presented Mode ”); or
    2. scanning a QR Code provided by the Merchant to complete a payment transaction (“Merchant Presented Mode ”); and
  2. view the following information (in such format as determined by us in our absolute discretion) on the CCBA Mobile Banking App:
    1. details of the Card(s) added for the purposes of the Service (with the card number partially masked);
    2. transaction history and details of transactions (such as payment amount, details of goods or services purchased, name of Merchant, transaction time and status) conducted through the Service; and
    3. other information as we may deem relevant or appropriate from time to time.
2. We are entitled to introduce new functions, or vary, suspend or withdraw any existing functions of the Service from time to time without prior notice. If you do not accept any variation, you shall stop using the Service and unbind the relevant Card for use of the Service from the CCBA Mobile Banking App.
3. Subject to the absolute sole discretion of UnionPay International, we may specify or vary the scope and extent of the Service from time to time, including (but not limited to) the following:
  1. the type(s) and number(s) of Card(s) to which the Service may be made available;
  2. any limit over the transaction amount or currency of transactions carried out through the Service;
  3. any restriction, condition or specification on the availability or use of the Service;
  4. the jurisdictions in which the Service may be used;
  5. the Merchants that accept payments through the Service; and
  6. any fees payable to us in connection with the use of the Service.
Activation of the Service
1. To activate and use the Service, you are required to follow the procedures and requirements specified by us and/or UnionPay International from time to time, including the following:
  1. log into the latest version of the CCBA Mobile Banking App by using your logon credentials, such as your user ID and password;
  2. bind a Card to the CCBA Mobile Banking App by:
    1. inputting your Card information, such as card number, expiry date and verification number; and
    2. inputting such further information as we may require from time to time (including a one-time password sent to you based on your registered phone number) within a prescribed time period.
    Once the Card is bound, your Card information is being tokenised, and a virtual form of the Card will be automatically assigned to the corresponding Card to facilitate payments through the Service; and
  3. confirm your acceptance of these Terms and Conditions.
2. We may, at our sole and absolute discretion, accept or reject your request to activate the Service or bind your Card to the CCBA Mobile Banking App without giving any reasons.
3. The first Card bound is set by default as the principal card of the Service to effect payment when any transaction is performed. You may bind another Card to the CCBA Mobile Banking App for the purposes of the Service in accordance with Clause 6.
4. By activating the Service in accordance with this Clause, you agree, confirm and accept that:
  1. you have attained the minimum eligibility requirements (including those set out under Clause 7(a)) as specified by us from time to time; and
  2. we may send push notifications or messages to you based on your registered phone number and/or email address for verification and registration purposes and in connection with your use of the Service from time to time. We may also call you on your registered phone number if you require any customer service in relation to the Service.
Adding and removing a Card
1. To add or bind a new Card to the CCBA Mobile Banking App for the purposes of the Services, you are required to follow the procedures and requirements specified by us from time to time, including the steps described in Clause 5(a)(ii). We will send a push notification or message to you based on your registered phone number upon successful binding of a new Card.
2. To remove or unbind a Card from the CCBA Mobile Banking App for the purposes of the Service, you are required to follow the procedures and requirements specified by us from time to time, including the following:
  1. log into the latest version of the CCBA Mobile Banking App by using your logon credentials, such as your user ID and password;
  2. select the Card to be removed for the purposes of the Service; and
  3. confirm the unbinding of the relevant Card.
Your Acknowledgments
You acknowledge and agree that:
1. (Eligibility ) to use the Service:
  1. you must be an existing user of the CCBA Mobile Banking App; and
  2. you must have activated the Service and bound a Card to your CCBA Mobile Banking App in accordance with Clause 5 above;
  3. you must be a holder of an eligible Card which is accepted by us and UnionPay International in our discretion;
  4. your Card (to be used for the Service) must remain valid and in good standing at all relevant times as determined in our sole discretion;
  5. you must maintain a Mobile Device, which is compatible with and capable of supporting the use of the Service (including the generation, scanning and use of the QR Code) from time to time; and
  6. you must maintain a valid mobile phone number and email address with us for sending you the activation and transaction notifications;
2. (Effecting payment with QR Code )
  1. scanning of a QR Code by you and/or a Merchant under the Consumer Presented Mode and/or the Merchant Presented Mode allow instant capture of payment data in the QR Code to complete a transaction, without the need for manual input of the data;
  2. in the Consumer Presented Mode, we will notify you of the payment results via an onscreen message displayed on the CCBA Mobile Banking App or a message to your registered phone number and/or email address;
  3. to the extent permitted by Applicable Regulations, you may choose to make payments with a QR Code in Hong Kong, the Mainland China and overseas, if applicable, to the Merchants that accept payments through the Service;
  4. in effecting payment via a QR Code, you shall be bound by the provisions relating to “QR Code Services” under the FPS Terms, whether such QR Code is generated in a HKICL FPS format or not;
  5. with respect to a QR Code presented by you under the Consumer Presented Mode:
    1. each QR Code can only be used for one payment transaction;
    2. each QR code refreshes automatically at 1-minute intervals. You may also refresh the QR Code manually; and
    3. when you switch to another Card for payment, the QR Code will refresh automatically;
    4. you are required to manually select the applicable QR Code for use in a specific country or region;
    5. any QR Code generated and presented by you on the CCBA Mobile Banking App must be valid, up-to-date and meet the specifications and standards prescribed by UnionPay International in order to be accepted; and
    6. you are fully responsible for ensuring that the payment data in a transaction is accurate and complete before having the QR Code on your CCBA Mobile Banking App scanned by the Merchant. We are not responsible for any error contained in such payment data;
3. (Card )
  1. your Card is a UnionPay Card and your use of the Card for accessing the Service is subject to the applicable UnionPay Terms;
  2. you require an internet connection to effect payment with your Card through the Service;
  3. any payment made via the Service will be directly made from your corresponding Card;
  4. you shall be solely responsible for all payment transactions settled with the Merchants using any Card designated for the Service;
  5. any Card bound to the CCBA Mobile Banking App shall only be used strictly for the designated purposes of the Service in accordance with these Terms and Conditions and shall not be used in any other manner and/or for any other purposes not specified in these Terms and Conditions;
  6. the expiry date of a Card bound to the CCBA Mobile Banking App is identical to the expiry date of the Card as embossed on the physical form of the Card or otherwise notified by us;
  7. if your Card is replaced and/or renewed due to card expiry, card loss or theft, or other reasons, you may need to bind the new or replaced Card to your CCBA Mobile Banking App in order to continue using the Service;
  8. in case of malfunction of a Card in connection with the Service, you will immediately notify us via our designated channels and where applicable, remove the Card from the CCBA Mobile Banking App as soon as reasonably practicable;
  9. the virtual form of the Card and the corresponding Card share the same credit limit. There will not be a separate credit limit for the virtual form of the Card displayed on the CCBA Mobile Banking App;
  10. any payment transaction effected via your Card may be subject to certain transaction or credit limits imposed by us, UnionPay International and/or any Authority from time to time;
  11. all contactless transactions will be billed to your existing Card Account to which the relevant Card relates and be shown on the Statement. There will not be a separate card account nor a separate statement for the virtual form of your Card displayed on the CCBA Mobile Banking App; and
  12. upon expiration, cancellation or termination of a Card, the virtual form of the same Card will also be automatically terminated at the same time;
4. (Transactions, transaction advice and transaction history )
  1. you must check and ensure all information relating to a transaction as displayed on or represented by a QR Code (whether under the Consumer Presented Mode (if any) or Merchant Presented Mode) is correct before scanning or allowing such QR Code to be scanned for payment. You should ensure any QR Code scanned is correct, as a transaction may be processed based solely on the QR Code provided without further verification of other transaction details such as the Merchant name. We are not liable for any transaction by mistake as long as a transaction is effected based on the QR Code scanned, including but without limitation to an incorrect amount of money, or an incorrect recipient;
  2. a transaction, which has been authenticated as coming from you using your logon credentials on the CCBA Mobile Banking App, will be processed. You will be bound by all executed transactions even if (i) they are incorrect, false or unclear, or (ii) they were not given or authorised by you. We have no obligation to verify the identity of the person effecting a transaction via the Service;
  3. your transaction may be delayed or refused if there is a suspected or actual breach of security or other suspicious circumstances relating to your Card Account, the CCBA Mobile Banking App or the Service. We are not liable for any delay or refusal in these circumstances. We will inform you of any delay or refusal if it is reasonably practicable to do so;
  4. we may send push a notification or message to your registered phone number and/or email address to notify you after a payment transaction has been effected through the Service. You are responsible to check such notification or message. You are considered as having received such notification or message immediately after we transmit it. You should enquire with us if you have not received a notification or message within the usual timeframe;
  5. any information relating to any transaction made available by us via the Service is for your reference only. Our records of such transaction are final, conclusive and binding on you save for manifest error; and
  6. you may view your latest transaction history by accessing the Service on your CCBA Mobile Banking App. You must verify your transaction history on a timely basis and carefully. You should notify us as soon as reasonably practicable of any irregularity or any unauthorised transaction via our designated channels and in such manner as we may specify from time to time;
5. (Transaction limits )
  1. a payment transaction carried out via the Service may be subject to certain transaction limit(s) imposed or varied by us, UnionPay International and/or any Authority from time to time without prior notice; and
  2. the transaction limit(s) imposed by UnionPay International may change from time to time, and a transaction may be rejected by UnionPay International in its sole and absolute discretion. We do not control how UnionPay International determines whether a Merchant or transaction type warrants a particular transaction limit. As a result, we cannot control the transaction limit(s) applicable to a transaction effected via the Service. We shall not be responsible for any loss which you may incur or suffer in this connection;
6. (Refund ) you can initiate a refund on a transaction by contacting the Merchant directly, as you would initiate a refund for any payment made via your Card. When making a return, please ensure that you bring your receipt, the Mobile Device used for the purchase and your Card. Refund will be credited to your Card Account at a later date;
7. (Rewards ) we may, in our absolute discretion, provide offers and discounts in connection with your Card and/or use of the Service from time to time. Your entitlement to such offers and discounts may be governed by further terms and conditions specified by us from time to time; and
8. (Electronic signature ) any indication by you of your agreement to these Terms and Conditions via the CCBA Mobile Banking App or such other electronic or execution means prescribed by us from time to time constitutes your electronic signature for the purposes of the Electronic Transaction Ordinance (Chapter 553 of the Laws of Hong Kong).
Your Undertakings
1. You undertake:
  1. to only use the Service for purposes that are permitted by these Terms and Conditions;
  2. to use the Service for your personal use only, not to allow someone else to use the Service, and not to use the Service for businesses and commercial purposes;
  3. to provide us with such information as we may reasonably request from time to time for the purposes of providing the Service;
  4. to ensure that all the information provided by you in connection to the Service is, and shall remain, true, accurate, correct, up-to-date and complete; and to inform us promptly in writing if there are any changes to your information supplied to us from time to time; to the extent permitted by Applicable Regulations, to keep all information obtained through the Service secure and confidential;
  5. to act in good faith at all times in relation to all dealings with us and your use of the Service;
  6. not to use the Service in a way that is illegal or in breach of any Applicable Regulations;
  7. not to use the Service in a way that is fraudulent, malicious, abusive, libellous, obscene, threatening, inappropriate or in contravention of any agreement with us;
  8. not to do or attempt to do the following (or any of them):
    1. decompile, reverse-engineer, translate, convert, adapt, alter, modify, enhance, add to, delete or in any way tamper with the Service (or any part of the Service) or any software comprised in it;
    2. take any action or allow any other person to take any action that would enable you or any other person to gain access to or to tamper with or use any of our computer systems or networks, or any third party computer systems or networks;
    3. engage in any activity that interferes with or disrupts the Service, or the servers and networks through which the Service is provided;
    4. modify, copy, reproduce, download, re-publish, sell, re-sell, rent, lease, loan, distribute or create derivative works based on the Service (or any part of the Service);
    5. when using the Service, install, import or transmit (and you will take reasonable measures to prevent the installation, importation or transmission of) any destructive properties or similar malicious instructions, codes, techniques or devices capable of disrupting, disabling, damaging or shutting down the Service, or other telecommunications or computer systems or devices; and
    6. do anything to exploit or interfere with the Service or disrupt the use of the Service by other users; and
  9. not to use the Service in any way that contravenes or infringes upon our rights or the rights of any third party (including Intellectual Property Rights or proprietary rights).
2. Without limiting the generality of Clause 14(a), we are entitled to at any time (without giving you notice or reason) suspend or terminate your use of the Service (in whole or in part) and/or disapprove or refuse to effect any transaction via the Service if, in our sole and absolute opinion, you have breached any of your undertakings provided under this Clause 8.
Personal Data
1. The collection, use, transfer, processing, retention and maintenance of your Personal Data by us, and/or our affiliates and licensees, is subject to our Personal Information Collection and Privacy Policy Statement (“Privacy Policy”) and Notice . Please carefully read the terms of our Privacy Policy and Notice before providing your Personal Data to us via the Service.
2. In addition to the purposes and transferees set out in the Notice, your Personal Data may be collected, used, processed, disclosed, transferred and retained by us, a CCBA Group member or our third-party service providers, or transferred to a CCBA Group member or our third party service providers (located in Hong Kong or otherwise), for additional purposes including:
  1. to process your use of the Service for effecting transactions;
  2. to verify or authenticate your information for your use of the Service, including using your Card information to verify your identity for the purpose of binding a Card, and conducting matching procedures against databases of known fraudulent transactions (maintained by us or third parties);
  3. to administer your Card Account, which include details of the transactions conducted by you via the Service;
  4. to provide, maintain and operate the Service, including processing, executing and effecting payment transactions through the Service, and providing technology support or services for or relating to the Service;
  5. to process, handle or communicate with you in respect of any enquiry, complaint or service support request relating to the Service;
  6. to share your Personal Data via Service with your payment recipients (including the Merchants), in accordance with these Terms and Conditions;
  7. to prevent, detect or investigate fraud or other illegal activities;
  8. subject to your consent, to send you Service-related direct marketing materials; and
  9. other relevant purposes contemplated under the Cardmember Agreement.
Security Measures
1. If you do not take security measures as we may recommend from time to time, you will bear the risk of suffering or incurring any loss which may arise from or in connection with your use of the Service.
2. In addition to the security measures set out in clause 9 of the Mobile App Terms, you should take the following measures where applicable:
  1. not use the Service (including binding a Card, generating, scanning or using a QR Code through the Service) on a Mobile Device with any pirated, hacked, fake and/or unauthorised applications or in which the software lockdown has been overridden or root access to its software operating system has been obtained (including, without limitation, a jail broken or a rooted Mobile Device);
  2. keep your Card and Mobile Device under your personal control and keep your password, Card information and security details secret. You must take all reasonable precautions to prevent loss, theft or unauthorised or fraudulent use of your Card, Mobile Device, password, Card information, security details or other confidential information;
  3. safeguard against accidental or authorised disclosure, transmission, scanning or use of the QR Code, including not to write down, store or record any QR Code without disguising them;
  4. keep record of transaction receipts of payment transactions effected through the Service, check them against your Card Account transaction details and Statement regularly and carefully, and notify us if you object to any Statement in accordance with the provisions of the Cardmember Agreement;
  5. remove all Cards from the CCBA Mobile Banking App and delete the CCBA Mobile Banking App and any QR Code stored in your Mobile Device before sale or disposal of the Mobile Device, or passing the Mobile Device to any other person;
  6. not use any easily accessible personal information (such as telephone numbers or date of birth), or any personal identification number or user code or password that can be easily guessed for accessing, switching on or activating the Mobile Device and/or the CCBA Mobile Banking App; and
  7. change your password regularly.
3. You must notify us as soon as reasonably practicable in such manner we may accept from time to time if you become aware of or suspect the following (or any of them):
  1. any loss, theft, disclosure, compromise or unauthorised use or control of your Card and/or Mobile Device;
  2. any unauthorised use of the Service or any unauthorised transactions effected via the Service;
  3. any accidental or unauthorised disclosure, transmission, scanning or use of QR Code; and
  4. any suspicion of counterfeit QR code bearing similar data as any QR Code.
  You should notify us via our designated channels and in such manner as we may specify from time to time. You remain responsible for any use of the Service by any unauthorised person or for any unauthorised purpose that occurs before we actually receive your notification.
4. You must also promptly report any event under Clause 10(c) to the police and submit to us satisfactory documentary evidence of such police report as soon as reasonably practicable.
5. You will be responsible for all payment transactions made by you or anyone through the Service using your logon credentials to log in the CCBA Mobile Banking App.
6. The Service is provided for your sole and personal use. You should not permit any other person to use the Service nor use the Service as agent of any other person.
7. You should not use or knowingly permit any other person to use the Service for any illegal purpose or activity. You should notify us as soon as reasonably practicable if you become aware of such use.
8. We may provide push notification or message to your registered mobile number after a transaction has been completed through the Service. If we do, you should check and verify the details of such transaction in such notification or message and notify us as soon as reasonably practicable of any irregularity or any unauthorised transaction via designated contact forms, email address or phone number(s) as we may specify from time to time.
Fees and Charges
1. We have the right to charge or vary the fees relating to the use of the Service. We will give you prior notice of new fees or any variation of fees. You are required to pay such fees if we do not receive notice from you to terminate the Service before the date on which the new fees or revised fees take effect.
2. You authorise us to debit the fees and charges payable by you in relation to the Service from your Card Account to which the relevant Card relates. We may collect fees from you in such manner and at such intervals as we may reasonably specify.
3. You may be required to pay third party fees. These may include fees payable where a transaction is rejected due to exceeding relevant transaction limit(s) , fees charged by your mobile, telecommunications or Internet network service providers.
Our Liability and Disclaimers
1. We have entered into arrangements with UnionPay International to allow you to effect payments through the Service. The Service is provided to you on a best efforts basis only. We have no obligation (in whatsoever nature) to provide, or continue to provide, the Service to any person.
2. We will take reasonably practicable steps to do the following, taking into account any Applicable Regulations and prevailing market practices:
  1. ensure that our systems relating to the Service are installed with adequate security designs; and
  2. control and manage the risks in operating our systems relating to the Service.
3. Neither we nor any member of the CCBA Group confirm or guarantee that the use of the Service (including the binding of a Card and generation, scanning or use of the QR Code) is free of any virus or other destructive properties, which may adversely affect your hardware, software or equipment including your Mobile Device or any data transmitted, stored or processed using the Service.
4. You understand and agree that your use of the Service is at your sole risk and that the Service is provided on an “as is” and “as available” basis.
5. To the fullest extent permitted by the Applicable Regulations, we expressly disclaim all conditions, undertakings, representations and warranties of any kind (whether express or implied) in relation to the Service. These include any implied conditions and warranties of quality or fitness for a particular purpose.
6. Without limiting or reducing the effect of Clause 12(e) above, we make no representations or warranties:
  1. as to the accuracy, quality, completeness, timeliness, adequacy, reliability or validity of any information or material provided on or through the Service. These may include any information posted, transmitted or provided by any third party;
  2. that the payments through the Service will meet your requirements, or are free of defect, error or omission; or
  3. that your use of the Service will be uninterrupted, timely, secure or error-free.
7. Except as set out in Clause 12(h) below, neither we nor any member of the CCBA Group are liable for loss, damage, cost or expense (including tax) of any kind which you or any other person may incur or suffer arising from or in connection with the following (or any of them):
  1. access to and use of the Service (including the binding of a Card and generation, scanning or use of the QR Code), whether or not authorised by you;
  2. access to any information through use of the Service, whether or not authorised by you;
  3. failure to effect any transaction due to error, failure or malfunction of a QR Code or of any computer or electronic system or equipment;
  4. any loss or damage to your data (including confidential information), software, Mobile Device or other equipment arising from or in connection with your use of the Service;
  5. error in the information you provided and confirmed for a payment instruction; and
  6. transmission or storage of any information and data relating to you, the Service or transactions conducted by you using the Service in any system, equipment or instrument of any communication network provider.
8. If it is proved in a case set out in Clause 12(g) above that there was gross negligence or wilful default by (i) us; (ii) any member of the CCBA Group; (iii) any agent of (i) or (ii); or (iv) any officer or employee of (i), (ii) or (iii), then we will be liable for the lowest of:
  1. any loss and damage you incur or suffer that is direct and reasonably foreseeable arising directly and solely from such gross negligence or wilful default; and
  2. the amount of the relevant transaction.
9. Neither we nor any member of the CCBA Group is liable for any interruption, interception, suspension, delay, loss, unavailability, mutilation or other failure in providing the Service, or in transmitting payment data or information relating to the Service, or in connecting with the Service which is caused by an Event of Force Majeure.
10. In no circumstances will (i) we; (ii) any member of the CCBA Group; the respective agents of (i) and (ii); or (iv) the respective officers and employees of (i), (ii) and (iii) be responsible to you or any other person for any loss of profit or interest, indirect or consequential loss arising from or in connection with our providing the Service, or failure or delay in providing the Service.
11. We have no responsibility for the actions of you or any Merchant or for the subject of the payment. We do not guarantee the identity of any Merchant or that you or any Merchant can or will complete a transaction or send or receive a payment (as the case may be).
12. We are not responsible for any dispute arising from any payments effected between you and any Merchant through the Service.
13. We are not liable or responsible if (i) your Card is not accepted or honored by any Merchant for any reason whatsoever, and/or (ii) we refuse to grant credit authorization for any purchase notwithstanding the availability of credit in your favour under your Card Account. Further, you will not hold us liable or responsible in respect of any product or service purchased through the Service or any benefits given to you or other persons. In case you wish to cancel any transaction(s) or authorization(s) effected in respect of the use of the Card via the Service with any Merchant, you shall arrange cancellation with the relevant Merchant. The existence of any claim or dispute between any Merchant and yourself shall not relieve your obligation to settle any sum outstanding with CCBA.
14. Upon notification by you, where it is proved upon our review that you have been a victim of fraud (we will inform you the result of our review), subject to Clauses 13(b), you will not be responsible for any such transaction (eg an unauthorised transaction).
15. The Service is intended for download and use by the public of Hong Kong. It is not intended for download, or use by, any person in any jurisdiction where such download or use would be contrary to any law or regulation of such jurisdiction or where we are not licensed or authorised to provide the Service.
Your liability and indemnity
1. Except as set out in Clause 12(h) or 13(b), you are fully liable and responsible for all consequences arising from or in connection with the following (or any of them):
  1. access to and use of the Service (including the binding of a Card and generation, scanning or use of the QR Code), whether or not authorised by you;
  2. access to any information through use of the Service by you or any other person, whether or not authorised by you; and
  3. all transactions conducted through the Service, whether or not authorised by you.
2. ubject to your obligations under Clause 9 and 10 above and if, in our reasonable opinion, there is no gross negligence, fraud or fault on your part, then you are not liable for loss caused by unauthorised transactions conducted through the use of the Service as a result of:
  1. a computer crime which should have been prevented by the risk control and management measures had we adopted such measures according to Clause 12(b)above;
  2. a fault occurred in our and/or the Merchants’ systems used for the Service (including the electronic terminals for scanning QR Codes), unless such fault was obvious or advised by an onscreen message display on the CCBA Mobile Banking App and/or the relevant system;
  3. use of counterfeit cards;
  4. a human or system error on our part; or
  5. a missed or mis-directed payment caused by gross negligence or wilful default of (1) ours; (2) any of our agent; or (3) any officer or employee of (1) or (2).
3. Except as set out in Clauses 13(b), you will indemnify and reimburse (i) us; (ii) any member of the CCBA Group; (iii) the respective agents of (i) and (ii); and (iv) the respective officers and employees of (i), (ii) and (iii) for all actions, proceedings and claims which may be brought by or against us or them, and for all losses, damages and reasonable costs and expenses which we or they may incur or suffer as a result of or in connection with the following (or any of them):
  1. your use or our provision of the Service;
  2. your failure to take security precautions in relation to the Service (including any QR Code), your Card and Mobile Device as may be recommended by us;
  3. the preservation or enforcement of our rights or exercise of our powers under these Terms and Conditions; and
  4. your breach of any of these Terms and Conditions including any undertaking, warranty or representation,
  unless such actions, proceedings, claims, losses, damages or amounts were proven to be caused directly and solely by our gross negligence or wilful default, and were reasonably foreseeable.
Termination and suspension
1. Without prejudice to our rights under clause 8(b) above, we may suspend or terminate your use of the Service (whether in whole or in part) at any time without giving you notice or reason.
2. You may terminate your use of the Service through such channels and in such manner as we may announce from time to time. To effect a termination, you shall take such steps as we may instruct, including removing all Cards from the CCBA Mobile Banking App.
3. Even after suspension or termination of the Service, you remain responsible for performing and discharging your obligations and liabilities created or accrued before suspension or termination. The terms in these Terms and Conditions that by their nature are continuing shall survive such suspension or termination, including our disclaimers, limitations of liabilities and your indemnity in our favour.
4. You are responsible for the use of the Service (including but not limited to all transactions conducted via the Service, whether or not authorised by you, and all related fees and charges) even after termination of the Service.
Amendments
We may revise these Terms and Conditions (including any related fees and charges) and/or introduce additional terms and conditions at any time and from time to time. Any revision or addition to these Terms and Conditions shall become effective subject to us giving reasonable notice to you which may be given by posting it on our website (www.asia.ccb.com), the CCBA Mobile Banking App or by such other means as we think fit, and shall be binding on you if you continue to maintain or use the Service on or after the effective date of the revision or addition.
Communication
1. We are entitled to prescribe from time to time the form and mode of communication for the purposes of the Service.
2. Communications delivered personally, sent by post, facsimile transmission or e-mail shall be deemed to have been received by you (where delivered personally) at the time of personal delivery or on leaving it at such address last notified by you to us, (where sent by post) 48 hours after posting if the address is in Hong Kong and seven days after posting if the address is outside Hong Kong, or (where sent by facsimile transmission or e-mail) immediately after transmission to the facsimile number or e-mail address last notified by you to us.
3. Communications sent by you to us shall be deemed to have been delivered to us on the day of actual receipt by us.
Severability
Each of the provisions of these Terms and Conditions is severable and distinct from the others and, if at any time one or more of such provisions is or becomes illegal, invalid or unenforceable in any respect under the laws of any jurisdiction, the legality, validity and enforceability of the remaining provisions shall not be affected in any way.
Waiver
No act, delay or omission by us shall affect our rights, powers and remedies under these Terms and Conditions or any further or other exercise of such rights, powers and remedies. Our rights, powers and remedies under these Terms and Conditions are cumulative and not exclusive of the rights, powers and remedies provided by law.
Third Party Rights
No person other than you and us will have any right under the Contracts (Rights of Third Parties) Ordinance of the Laws of Hong Kong (Chapter 623 of the Laws of Hong Kong) to enforce or enjoy the benefit of any part of the provisions of these Terms and Conditions. Application of the Contracts (Rights of Third Parties) Ordinance (Chapter 623 of the Laws of Hong Kong) is hereby expressly excluded.
Appointment of agent or service provider
We may appoint any agents, service providers or sub-contractors (who may not be a member of CCBA Group) to perform any of the Service for or on behalf of us. For that purpose, (i) we may delegate any of our powers or obligations to such agents, service providers or sub-contractors, and (ii) you authorise us to disclose or transfer any information relating to you or the Service to such agents, service providers or sub-contractors for or in relation to the provision and operation of the Service. Subject to limitation of our liability as set out in Clause 12, we remain liable to you for the gross negligence or wilful default of any agents, service providers or sub-contractors appointed by us under this Clause as if we performed the Service ourselves.
Assignment
1. We may assign and transfer our rights and obligations under these Terms and Conditions to another organisation, but this will not affect your rights or our obligations under these Terms and Conditions.
2. Without our consent, you may not transfer your rights or obligations under these Terms and Conditions to another person.
Governing Law, Jurisdiction and Version
1. These Terms and Conditions shall be governed by and construed in accordance with Hong Kong law.
2. Disputes arising in connection with these Terms and Conditions shall be subject to the non-exclusive jurisdiction of the Hong Kong courts.
3. In the event of any conflict or discrepancy between the English version and the Chinese version of these Terms and Conditions, the English language version shall prevail.