Terms of Use of CCB (Asia) Credit Card in Digital Wallet ("Terms of Use"):

These Terms of Use govern the use of credit cards ("Card(s)") issued by China Construction Bank (Asia) Corporation Limited ("we", "us", "the Bank") you enroll to Digital Wallet(s) ,currently referred to Apple Pay, Google Pay and/or Huawei Play, ("Digital Wallet(s)"), whereas Apple Pay is provided by Apple Asia Limited, Google Pay is provided by Google, Huawei Pay is provided by Huawei ("Digital Wallet Providers"). Digital Wallet(s) allows you to use an electronic format of your Card ("Mobile Card(s)") to conduct transactions without presenting the Card in physical card form. By enrolling to or using the Mobile Card in Digital Wallet(s), you agree to be bound by these Terms of Use set out below. The Bank reserves the right to vary these Terms of Use, or to replace, cancel or withdraw the use of the Mobile Card in Digital Wallet(s) at its discretion at any time. If you do not accept any variation, you shall stop using your Mobile Card and delete your Mobile Card and details of Mobile Card from Digital Wallet(s).
These Terms of Use supplement and form part of CCB (Asia) Credit Card Cardmember Agreement (the "Cardmember Agreement"). The Cardmember Agreement and Fee Schedule for CCB (Asia) Credit Card remain applicable to your Mobile Card when you enroll to or use your Mobile Card in Digital Wallet(s). These Terms of Use shall also operate in addition to the terms and conditions contained in all other banking agreements which you have entered into with the Bank, including but not limited to data policies and any securities measures adopted by the Bank from time to time in relation to the use of the Cards. All references to Card in the Cardmember Agreement include a Mobile Card as defined herein. If there is any conflict between these Terms of Use and any other applicable terms and conditions in relation to the use of Mobile Card in Digital Wallet(s), these Terms of Use shall prevail.
Use of Mobile Card in Digital Wallet(s) and Transactions
  1. Digital Wallet(s) enables you to make payment with the Mobile Card using eligible digital device ("Digital Device(s)"). The type or model of Digital Device is subject to change or cancellation by Digital Wallet Providers from time to time.
  2. The user of Digital Wallet(s) can either be a principal cardmember or a supplementary cardmember ("Cardmember(s)", "you") of the Bank. The Bank reserves the absolute right to determine the eligible Mobile Cards for use of Digital Wallet(s) and decline the enrollment of the Mobile Card to Digital Wallet(s).
  3. Digital Wallet(s) allows you to make contactless payments by the use of a Mobile Card enrolled to Digital Wallet(s), including: (i) carry out transactions by holding the Digital Device at participating merchant's contactless enabled point of sale terminal or reader ("Contactless Payment Reader"); and (ii) make In-App purchases on the Digital Device.
  4. The Bank reserves the right to impose a cap on the amount per transaction in Digital Wallet(s).
Fee and Charges
  1. The Bank reserves the absolute right to impose a fee to set up or use your Card as Mobile Card with prior notification and shall be levied on your Card accounts.
  2. You are solely responsible for all fees, charges and expenses in relation to the use of Digital Wallet(s) (if any) and the mobile network operator for providing services to support the use of Mobile Card in Digital Wallet(s).
Security
  1. You acknowledge that your Mobile Card may be utilised to carry out transactions by tapping or waving the Mobile Card at a merchant's Contactless Payment Reader. Any person with your personal information, including but not limited to, user ID, login password and/or fingerprint(s) enrolled to your Digital Device ("Personal and Security Information") can authorise transactions using your Mobile Card in Digital Wallet(s). If your Mobile Card has been enrolled to Digital Wallet(s), you shall never disclose your Personal and Security Information to any person, and never have anyone's password or fingerprint enrolled to your Digital Device. You are solely responsible for maintaining the confidentiality of your Personal and Security Information, and you shall safeguard against accidental or unauthorised disclosure of your Personal and Security Information, and you shall change your user ID and login password of your Digital Device periodically or where necessary.
  2. If the Card is lost or stolen, or your Personal and Security Information are used (or suspected to be used) by any unauthorised person, or there has been unauthorised access to your Mobile Card and/or Personal and Security Information you shall promptly report it to the Bank.
  3. You shall be solely liable for any losses, damages and expenses incurred as a result of your use of Digital Wallet(s) on a modified electronic device.
  4. You should only download mobile applications from reputable and reliable sources only.
  5. Before disposing of any electronic devices on which a Mobile Card has been enrolled, you are responsible for deleting your Mobile Card and Digital Wallet(s) login, and Personal and Security Information from the electronic devices.
  6. Delete all Mobile Cards for use in Digital Wallet(s) before sale or disposal of the Digital Device or passing the Digital Device to any other person.
  7. You should check each Card statement as soon as reasonably practicable after receiving it and notify the Bank of any suspected unauthorised transaction or use of the Card for any unauthorised purpose.
Privacy Statement
  1. The Bank recognises the importance of respecting your privacy. The Bank's Notice to Customers relating to the Personal Data (Privacy) Ordinance provides information on how the Bank collects, uses, shares, and protects your personal data relating to any data provided to the Bank, as well as the choices and access rights you have in regard to your personal data. The Bank has no control of the privacy and security of your personal data and information provided by you to the Digital Wallet Providers which is governed by the privacy policy of and any agreement you may have with your Digital Wallet Providers. Please refer to Digital Wallet Providers' privacy policy for more details on privacy practices.
  2. As soon as you enroll your Card to Digital Wallet(s), Digital Wallet Providers may access and process your information, which include information about your transactions.
  3. To set up and use a Mobile Card, you acknowledge and agree that the Bank may collect the unique identifier of your Digital Device, the type of Digital Device and/or Mobile Card number for eligibility checking of Digital Wallet(s).
  4. Notification messages will be sent to you through the Digital Wallet(s) by us from time to time for services notification or alerting you on any security or precautionary measures as deemed necessary by us. Such messages if successfully sent will be deemed having reached you simultaneously and therefore effective. You are strongly advised not to deactivate the notification function of Digital Wallet(s) to receive such messages.
Disclaimer and Limitation of Liabilities
  1. Without prejudice to the foregoing, your failure in taking the security precautions may subject you to being liable for unauthorised transactions without limit.
  2. Your use of Digital Wallet(s) shall be subject to the relevant terms and conditions imposed by Digital Wallet Providers and other relevant service provider(s). In order to use Digital Wallet(s), you must agree to the terms of use and privacy policy and any other terms and conditions imposed by Digital Wallet Providers from time to time. The Bank has no control over the Digital Wallet Providers' decisions to change Digital Wallet(s) or any of its services and products. The Bank is not the provider of Digital Wallet(s) and is not an agent of the Digital Wallet Providers. You should contact the Digital Wallet Providers for all technical assistance on Digital Wallet(s) (including but not limited to the types of electronic devices which support Digital Wallet(s)). Any claim, complaint, or dispute concerning Digital Wallet(s) must be referred to and resolved with Digital Wallet Providers, which shall in no way relieve you from your payment or other obligations to the Bank.
  3. The Bank shall have no obligation (in whatsoever nature) to provide or continue to provide any Mobile Card for use in Digital Wallet(s) to any person. Except as otherwise required by applicable law, the Bank may block, restrict, suspend or terminate your use of Mobile Card in Digital Wallet(s) at any time without giving any reason or notice if you violate these Terms of Use or any other agreements and if fraudulent activity with your card is suspected. The Bank shall not be liable for any loss of whatever nature incurred whether by you as a result of any such action. You agree that the Bank will not be liable to you or any third party for any block, restriction, suspension, or termination of your use of Mobile Card.
  4. For the use of Digital Wallet(s), you shall notify the Bank of any change of your address, contact number and e-mail immediately. You shall be solely responsible to ensure that the Bank has the most updated and hence correct information for communications with you. The Bank shall not be responsible for any problems or loss suffered by you in case of any incorrect or outdated information.
  5. The Bank makes no representations or warranties as to the accuracy, functionality or performance of any third party software used in connection with Digital Wallet(s) and shall not guarantee that any particular device or model is compatible with Digital Wallet(s). The Bank assumes no liability or responsibility for any loss or damage caused to your personal data, your Digital Device, or other equipment as a result of your use of Digital Wallet(s), unless such loss or damage is caused by the Bank's default or negligence. The Bank shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) as a result of your use of Digital Wallet(s).
  6. The Bank shall not be liable for any error, omission, interception, corruption, deletion, loss or inaccuracy in Digital Wallet(s) or for any person's use of, reliance on or inability to use Digital Wallet(s), or for any loss or damage arising in connection with Digital Wallet(s), any interruption or hindrance of or delay in the operation of Digital Wallet(s), any incomplete transmission, any circuit or system failure or any computer virus. Your use of Digital Wallet(s) is wholly at your own risk.
  7. You shall not harm the Bank and indemnify the Bank, its officers, employees, agents and any other persons appointed by the Bank against any claims, suits, actions, proceedings, losses, damages, obligations and/or liabilities which any of them may incur or suffer, and all costs and/or expenses of reasonable amount and reasonably incurred by any of them as a result of or in connection with (i) your failure to comply with these Terms of Use; or (ii) your fraud or gross negligence in your use of Digital Wallet(s).
  8. Notwithstanding anything contained herein to the contrary, you shall be fully liable for all losses and damages arising out of or in connection with the loss, theft and/or unauthorised use of the Digital Device, Mobile Card and/or Digital Wallet(s) if you have acted fraudulently or with gross negligence or has failed to take reasonable precautions to prevent such loss, theft and/or unauthorised use of the Digital Device, Mobile Card and/or Digital Wallet(s), or if the unauthorised use of the Mobile Card and/or Digital Wallet(s) involve(s) access to the Digital Device with or without your knowledge, you agree to indemnify and keep the Bank fully indemnified against all losses, damages, liabilities and all reasonable costs and expenses incurred as a result thereof.
  9. You understand and acknowledge that there is no partnership, joint venture or other relationship between the Bank and the Digital Wallet Providers or any third parties who support Digital Wallet(s). The Bank is not liable for any action, claim, loss, damage or liability of any nature which you may suffer or incur arising from or in connection with any act or omission of Digital Service Providers or any third parties who support Digital Wallet(s).
Miscellaneous
  1. The Bank reserves the right to vary these Terms of Use, or discontinue supporting the use of Mobile Card in Digital Wallet(s), at its discretion at any time. If any notice is required in accordance with applicable law, it may be given via physical or electronic means, and/or taking any other legally required action. To the extent permissible under applicable law, any revised or additional terms shall be binding on you if you continue to use or retain the use of your Mobile Card in Digital Wallet(s) on or after the effective date of any revision.
  2. The Bank may assign and/or transfer all or any of its rights and/or obligations under these Terms of Use to a third party without your consent. Without the Bank's consent, you may not assign, transfer or otherwise dispose of your rights or obligations under these Terms of Use to another party.
  3. If the Bank fails to insist that you perform any of your obligations under these Terms of Use, or if the Bank does not enforce its rights against you, or if the Bank delays in doing so, it does not mean that the Bank has waived its rights against you and/or that you do not have to comply with those obligations. If the Bank does waive a default by you, the Bank will only do so in writing, and that will not mean that the Bank will automatically waive any later default by you.
  4. Each of the provisions of these Terms of Use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect.
  5. These Terms of Use shall be governed by and construed in accordance with the laws of Hong Kong. Disputes arising in connection with these Terms of Use shall be subject to the non-exclusive jurisdiction of the Hong Kong courts.
  6. No person other than the Bank and you will have any right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623 of the Laws of Hong Kong) to enforce or enjoy the benefit of any of the provisions of these Terms of Use. Application of the Contracts (Rights of Third Parties) Ordinance (Chapter 623 of the Laws of Hong Kong) is hereby expressly excluded.
  7. The Chinese version of these Terms of Use is provided for reference only. In the event of any conflict or discrepancy between the English version and Chinese version of these Terms of Use, the English version shall prevail.

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