Terms of Use of CCB (Asia) Credit Card in Apple Pay (“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”) in Apple Pay provided by Apple Asia Limited or its affiliates (“Apple”). Apple Pay 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 Apple Pay, 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 Apple Pay 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 Apple Pay.

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 Apple Pay. 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 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 Apple Pay, these Terms of Use shall prevail.

    Use of Mobile Card in Apple Pay and Transactions

  1. Apple Pay is a mobile wallet offered by Apple, which enables you to make payment with the Mobile Card using eligible Apple device (“Apple Device(s)”). The type or model of Apple Device is subject to change or cancellation by Apple from time to time.
  2. The user of Apple Pay 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 Apple Pay and decline the enrollment of the Mobile Card to Apple Pay.
  3. Apple Pay allows you to make contactless payments by the use of a Mobile Card enrolled to Apple Pay, including: (i) carry out transactions by holding the Apple Device at participating merchant's contactless enabled point of sale terminal or reader (“Contactless Payment Reader”); and (ii) make In-App purchases on the Apple Device.
  4. The Bank may impose a cap on the amount per transaction in Apple Pay.
  5. Fee and Charges

  6. 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.
  7. You are solely responsible for all fees, charges and expenses in relation to the use of Apple Pay (if any) and the mobile network operator for providing services to support the use of Mobile Card in Apple Pay.
  8. Security

  9. 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 user ID, login password and/or fingerprint(s) enrolled to your Apple Device can authorise transactions using your Mobile Card in Apple Pay. If your Mobile Card has been enrolled to Apple Pay, you shall never disclose your user ID, login password, fingerprint(s) and any personal and security information to any person, and never have anyone’s password or fingerprint enrolled to your Apple Device. You are solely responsible for maintaining the confidentiality of your user ID, login password, fingerprint(s) and personal and security information, and you shall safeguard against accidental or unauthorised disclosure of your user ID, login password and fingerprint(s) of your Apple Device, and you shall change your user ID and login password of your Apple Device periodically or where necessary.
  10. If the Card is lost or stolen, or your user ID, login password, fingerprint(s) and/or any 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, user ID, login password, fingerprint(s) and/or any personal and security information you shall promptly report it to the Bank.
  11. Do not jailbreak your Apple Device as this can make it open to infection from virus or spyware. The Bank shall not be responsible for any problems or loss suffered by you if you attempt to use Apple Pay on such Apple Devices. You shall be solely liable for any losses, damages and expenses incurred as a result of your use of Apple Pay on a compromised electronic device.
  12. You should only download mobile applications from reputable and reliable sources only, e.g. Apple App Store.
  13. Before disposing of any electronic devices on which a Mobile Card has been enrolled, you are responsible for deleting your Mobile Card and Apple Pay login, and personal and security information from the electronic devices.
  14. Delete all Mobile Cards for use in Apply Pay before sale or disposal of the Apple Device or passing the Apple Device to any other person.
  15. 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.
  16. Privacy Statement

  17. 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.
  18. As soon as you enroll your Card to Apple Pay, Apple may access and process your information, which include information about your transactions. The use of your personal information by Apple is bound by Apple’s privacy policy.
  19. To set up and use a Mobile Card, you acknowledge and agree that the Bank may collect the unique identifier of your Apple Device (i.e. SEID number), the type of Apple Device and/or Mobile Card number for eligibility checking of Apple Pay.
  20. Disclaimer and Limitation of Liabilities

  21. Without prejudice to the foregoing, your failure in taking the security precautions may subject you to be liable for unauthorised transactions without limit.
  22. Apple Pay and Apple Devices are provided by Apple. Your use of Apple Pay shall be subject to the relevant terms and conditions imposed by Apple and other relevant service provider(s). In order to use Apple Pay, you must agree to Apple’s terms of use and privacy policy and any other terms and conditions imposed by Apple from time to time. The Bank has no control over Apple’s decisions to change Apple Pay or any of its services and products. The Bank is not the provider of Apple Pay and is not an agent of Apple. You should contact Apple for all technical assistance on Apple Pay (including but not limited to the types of electronic devices which support Apple Pay). Any claim, complaint, or dispute concerning Apple Pay must be referred to and resolved with Apple, which shall in no way relieve you from your payment or other obligations to the Bank.
  23. The Bank shall have no obligation (in whatsoever nature) to provide or continue to provide any Mobile Card for use in Apple Pay to any person. Except as otherwise required by applicable law, the Bank may block, restrict, suspend or terminate your use of Mobile Card in Apple Pay 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.
  24. For the use of Apple Pay, 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.
  25. The Bank makes no representations or warranties as to the accuracy, functionality or performance of any third party software used in connection with Apple Pay and shall not guarantee that any particular device or model is compatible with Apple Pay. The Bank assumes no liability or responsibility for any loss or damage caused to your personal data, your Apple Device, or other equipment as a result of your use of Apple Pay, 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 Apple Pay.
  26. The Bank shall not be liable for any error, omission, interception, corruption, deletion, loss or inaccuracy in Apple Pay or for any person's use of, reliance on or inability to use Apple Pay, or for any loss or damage arising in connection with Apple Pay, any interruption or hindrance of or delay in the operation of Apple Pay, any incomplete transmission, any circuit or system failure or any computer virus. Your use of Apple Pay is wholly at your own risk.
  27. 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 Apple Pay.
  28. 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 Apple Device, Mobile Card and/or Apple Pay 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 Apple Device, Mobile Card and/or Apple Pay, or if the unauthorised use of the Mobile Card and/or Apple Pay involve(s) access to the Apple Device with or without your knowledge, you agree to indemnify and keep the Bank fully indemnified against all losses, damages, liabilities and all reasonable costs and expenses incurred as a result thereof.
  29. You understand and acknowledge that there is no partnership, joint venture or other relationship between the Bank and Apple or any third parties who support Apple Pay. 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 Apple or any third parties who support Apple Pay.
  30. Miscellaneous

  31. The Bank reserves the right to vary these Terms of Use, or discontinue supporting the use of Mobile Card in Apple Pay, 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 Apple Pay on or after the effective date of any revision.
  32. 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.
  33. 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 will not mean that the Bank has waived its rights against you and 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.
  34. 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.
  35. 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.
  36. 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.
  37. 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.

Apple Pay is a trademark of Apple Inc., registered in the U.S. and other countries.