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Online Services Agreement
PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF THIS ONLINE SERVICES AGREEMENT AND MAKE SURE THAT SUCH TERMS AND CONDITIONS ARE THOROUGHLY UNDERSTOOD. ONCE YOU HAVE ENTERED OR ATTEMPT TO ENTER OR USE THE WEB SERVICE, YOU SHALL BE DEEMED TO HAVE ACCEPTED AND BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. For queries or comments, please contact the CCB (Macau) Credit Card 24-Hour Customer Service Hotline at 317 95533.
| 1
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CONFIRMATION OF ELIGIBILITY
Eligibility
1.1 I declare and warrant that:
| (a)
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I am a Principal Cardmember;
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| (b)
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either I am the owner of the Computer System or that the owner of the Computer System has duly authorized me to use it to access and use the Web Services;
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| (c)
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I am ordinarily resident in, and the Computer System is located in, Macau or in such other jurisdiction where the Web Services may lawfully be provided by the Company and used by me; and
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| (d)
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all the information I provide in relation to the Web Services is true, correct and up-to-date.
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Notification of changes
1.2 If there are any changes to the above declarations, I shall:
| (a)
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give notification to the Company immediately in writing or by such means as may from time to time be prescribed by the Company; and
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| (b)
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cease to use the Web Services immediately unless approved in writing by the Company.
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| 2
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GOVERNING TERMS AND CONDITIONS
The terms and conditions of the products or services in relation to the Web Services shall form an integral part of this Agreement. The provisions of the terms and conditions of this Agreement shall prevail in the event of any inconsistency.
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| 3
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USE OF SERVICE
| 3.1
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To effect any Transaction(s) or gain access to or use the Website, the Web Services and my Web Account online, I shall provide the Company with the Access Code.
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| 3.2
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All instructions to effect Transaction(s) or any other instructions, directions or communications in writing, via telephone or via the Web Services using my Access Code (or which the Company otherwise reasonably believes to be genuine) whether given by me or any other person purporting to be me shall be deemed to be as authorized by me and every amount, figure, number, letter and/or other digit entered into the Website for the aforesaid are deemed to be correct.
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| 3.3
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The Company shall not be deemed to have received any instructions for any Transaction(s) unless they have been given in accordance with this Agreement and the procedures and manner prescribed by the Company from time to time and until the Company has actually received them.
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| 3.4
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The Company shall only carry out my instructions to effect any Transaction(s) as it is reasonably practicable and reasonable to do so.
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| 3.5
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Other than to verify the Access Code, the Company shall not have any further obligation to verify authenticity of any Transaction(s) or the authority or identity of any person giving instructions
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| 3.6
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All instructions for all Transactions as understood and acted on by the Company in good faith shall be binding on me whether given by me or by any other person purporting to be me.
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| 3.7
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The Company 's record of any Transaction(s) (other than the existence of an obvious error) shall be final and binding.
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| 3.8
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Unless otherwise stated in clause 4.3, an instruction to effect any Transaction(s), once given and accepted by the Company, cannot be amended, cancelled, revoked or withdrawn.
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| 3.9
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Upon request by the Company, I shall confirm the status, information and details relating to any Transaction(s) in writing as soon as possible.
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| Limitation of Technology |
| 3.10
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Internet is a technology that is new, rapidly changing, open and public in nature and its traffic congestion is unpredictable. I understand the Company will endeavour to make sure the Web Services continue to function, but I also accept that:
| (a)
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the Internet may not always be a reliable medium or communication;
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| (b)
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the Web Services may not meet all my requirements or expectations; and
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| (c)
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the operation, functionality and reliability of the Web Services:
| (i)
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may subject Transactions to delays, misunderstandings and errors in transmissions, executions and communications or interruptions; and
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| (ii)
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may from time to time be subject to interruptions or variation and/or require periodic modifications and improvements.
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| 3.11
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Given the circumstances set out in clause 3.10, I understand that all Transaction(s) are made entirely at my own risk.
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| Availability of Web Services |
| 3.12
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Under usual circumstances, the Company will endeavour to provide the Web Services at all times, but I understand and accept that:
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(a) |
the Company may (but is not obliged to) suspend or terminate the registration of such Web Account if I do not access the Web Account or use the Web Services through the Website for 12 months or more or such period of time as the Company may from time to time at its discretion determine; and |
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(b) |
whenever the Company considers necessary to do so, it may, without giving prior notice when is not practicable, vary, update, restrict, suspend or terminate:
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(i) | any availability or function of the Website and the Web Services; and/or |
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(ii) | my access to any part or all of the Website and/or the Web Services. |
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| 3.13
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Save and except for the circumstances set out in clause 3.14, the Company will endeavour to provide prior notice to me of any changes or amendments to or suspensions, restrictions or terminations of the Web Services and/or the Website, however due to those circumstances as set out in clause 3.10. I accept that prior notice may sometimes not be practicable and therefore not be given.
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| 3.14
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The Company may, at its discretion and without prior notice, suspend or terminate the Web Account and/or any other Card Accounts(s) immediately if the Company reasonably decides that I am at any time in breach of any undertaking or provision of this Agreement or any other related agreement.
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| 4
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BILL PAYMENT SERVICE
| 4.1 |
Without prejudice to the generality of clause 3 and subject to acceptance by the Company, I may from time to time give instruction(s) to the Company to effect Bill Payment Transaction(s) by complying with access procedures as set out in clause 3.1. Once given, an instruction to the Company to effect Bill Payment Transaction(s) shall be deemed to be my irrevocable and absolute authorization to the Company to debit my Card Account(s) and transfer such sum to such designated Bill Payment Party on the Payment Date. |
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4.2 |
An instruction to effect Immediate Bill Payment Transaction(s), once given and accepted by the Company, cannot be amended, cancelled, revoked or withdrawn. |
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4.3 | Notwithstanding clause 3.8, provided that I have given sufficient prior notice to the Company according to the requirements as prescribed by the Company from time to time and it is accepted by the Company, an instruction to effect Scheduled Bill Payment Transaction(s) can generally be cancelled, revoked or withdrawn before the Payment Date. For the avoidance of doubt, the Company may at its discretion reasonably determine the length of prior notice that is required to and time after which I may not cancel, revoke or withdraw my Scheduled
Bill Payment
Transaction(s) instructions. |
| 4.4 | In relation to all Bill Payment Transaction(s), I understand that it is my responsibility to check whether each and every Bill Payment Transaction(s) that I have instructed the Company to make has been processed; |
| 4.5 | Given the circumstances set out in clause 3.10, I understand that all Bill Payment Transaction(s) are made entirely at my own risk. |
| Reference Number |
| 4.6 | For each Bill Payment Transaction, the Company may issue me with a Reference Number online. The Company's issuance of the Reference Number is only an acknowledgment of the receipt of my instruction to effect a Bill Payment Transaction and shall not in anyway be deemed to be or construed as the Company's acceptance or approval of the Bill Payment Transaction or the Bill Payment Transaction having been successfully effected. |
| 4.7 | A Reference Number shall be deemed to have been received by me immediately after transmission and it is my responsibility to ensure that such Reference Number has been received. |
| 4.8 | If, due to any reason, a Reference Number is not presented to me on the Website within a reasonable time after I have given my instruction to effect an Immediate Bill Payment Transaction, I shall check my Web Account and/or contact the Company to determine whether or not the Company has received my instructions to effect the same. |
| Bill Payment Notification |
| 4.9 | A Bill Payment Notification will be given to me by the Company regarding a Bill Payment Transaction, by email and/or other means, as the Company may from time to time at its discretion determine, only under the following circumstances:
| (a) | for a Scheduled Bill Payment Transaction that is unsuccessful and/or rejected by the Company; and |
| (b) | for a Bill Payment Transaction that is successful and/or approved by the Company, only if I have requested at the time when I instruct the Company to effect the Bill Payment Transaction that a Bill Payment Notification is to be given after the transaction has been effected. | |
| 4.10 | A Bill Payment Notification shall be deemed to have been received by me immediately after transmission and it is my responsibility to make necessary checks for such Bill Payment Notification. |
| 4.11 | I shall confirm the status, information and details relating to any Bill Payment Transaction(s) in writing as soon as possible upon request of the Company. |
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| 5
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SECURITY (USERNAME AND PASSWORD)
| 5.1 | In order to access or use the Web Services for the first time, I need to register online on the Website to set up a Web Account by registering my Card Account(s) and designating a Username and a Password or such other means the Company may from time to time requires. |
| 5.2 | In designating the Username and Password, I shall follow the guidelines given by the Company, as amended and notified to me from time to time. |
| 5.3 | The Company is entitled to require me to provide a Security Code for effecting any or all of the High Risk Transactions. |
| 5.4 | In the event that the Company requires me to use a Security Device provided by the Company to generate a Security Code, I shall apply to the Company for the same or the replacement if such has been previously provided to me but is being lost or does not function. |
| 5.5 | To help reduce Internet related risks relating to the use of Web Services, the Company may set (and may from time to time revise) limitations on and/or amend the Bill Payment Transaction size, approved Bill Payment Parties, approved fund transfer destinations and other features of the Web Services and/or set user requirements. |
| 5.6 | I undertake to act in good faith and prudently and exercise reasonable care in:
| (a) | safeguarding the security of my Access Code and Security Device (if any) and the Web Services;
| | (b) | keeping my Access Code and Security Device (if any) and the Web Services secret and confidential;
| | (c) | ensuring that I only access the Web Services and the Website by means and procedures approved by the Company;
| | (d) | ensuring that no other person has unauthorised access to the Web Services or my Web Account, (whether by use of the Computer System or otherwise) including but not limited to the Access Code and Security Device (if any) or other authentication required to obtain such access;
| | (e) | the use of any Security Device (if any), software, computer system, user guide or any other facilities provided by the Company to me to facilitate me in effecting any Transaction(s) and in returning the same to the Company immediately upon its request;
| | (f) | ensuring that the browser cache memory will be cleared as soon as I sign off from or exit the Website;
| | (g) | ensuring that I exit the browser immediately after each time I use or access the Website; and
| | (h) | complying with and carry out such securities measures the Company may from time to time impose. |
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| 6
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CUSTOMER RESPONSIBILITIES
I undertake that I will at all times:
| (a) | not and not attempt to, disrupt or interfere with, reverse engineer, decompose, disassemble or otherwise tamper with the Website and/or the Web Services, any servers software, hardware or system relating or connected to the Website and/or Web Services; |
| (b) | not use or attempt to use the Web Services for any unauthorised purposes; |
| (c) | comply with all the terms and conditions of this Agreement; |
| (d) | if I know or suspect that any unauthorized person knows or has access to my Access Code or that any unauthorized Transaction(s) has been effected or that the Security Device is lost, in control or has otherwise come into possession of any unauthorised person or any undertakings or provisions of this Agreement has been breached, inform the Company immediately by telephone at such telephone number as the Company may from time to time designate unless such is impossible due to unavailability of such services or facilities, in the event which, I shall inform the Company of the same as soon as possible once such services or facilities resume; |
| (e) | provide the Company with correct, complete and up-to-date information including but not limited to personal information, mobile phone number and contact information as the Company may from time to time request and to inform the Company as soon as possible if any of the information changes, or is incorrect or not up-to-date; |
| (f) | check the Website frequently for the most up-to-date version of and any amendments to this Agreement; and
| | (g) | make enquiries in relation to any Transaction(s) within 60 days after my instructions to effect such Transaction(s). |
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| 7
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CUSTOMER LIABILITIES
I shall bear the risk and be liable to the Company for all losses and damages suffered by the Company (except for indirect, special or consequential losses), for all unauthorised Transactions made or for unauthorised purposes due to my failure to comply with clauses 5.6 and 6.
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| 8
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EXCLUSION OF THE COMPANY's LIABILITIES
| 8.1 | I understand and accept that any person who has access to, possesses, knows or is allowed to find out about the Access Code and has access to the Security Device (if any) will be able to have access to my Card Account(s) or any accounts registered in the Web Account and the Company shall not be responsible for any losses in relation thereto. |
| 8.2 | I understand and accept that the Company shall not be liable for any claim, loss or damage suffered by me in relation to the Web Services as a result of:
| (a) | any inaccurate or incomplete data, or corruption, interception, deletion or loss of data due to fault, failure or malfunction of the Computer System;
| | (b) | any breakdown, failure, mutilation, interruption, omission, error, default, mistake, delay, diminution or unavailability of funds which may occur in the transmission or communication of messages or from its misinterpretation by any wireless telegraphy or by the Company, or its correspondent, agent or its employee or through any other cause(s) beyond its control which lead to including but not limited to delays in the transmission, receipt or other execution of Transactions;
| | (c) | the Web Services not being available, restricted, varied, amended, suspended or terminated or becomes inoperative;
| | (d) | my failure to carry out those responsibilities set out in clauses 5.6 and 6; and/or |
| (e) | any loss of profits or opportunity or any other consequential or indirect loss or liability caused by the use of or inability to use the Web Services or from any errors, inadequacies or failures in the Computer System, whether caused by negligence or otherwise. |
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| 9
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AMENDMENTS
The Company may from time to time amend this Agreement by posting a notice on the Website. Such amendments will only become effective 30 days after it is first being posted.
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| 10
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NOTICES
| 10.1 | The Company may give me any necessary notices in relation to the Web Services by posting them on the Website.
| | 10.2 | I agree to check the Website for notices in relation to the Web Services by the Company from time to time.
| | 10.3 | Without prejudice to the notice period stated in the Cardmember Agreement, I acknowledge that a notice in relation to the Web Services is deemed to have been received and delivered to me 7 days after such notice is first posted on the Website. |
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| 11
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LINKS, ADVERTISMENTS AND THIRD PARTY WEBSITE(S)
| 11.1 | I understand and accept that:
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(a) | the Company may from time to time provide links to web pages or websites outside or linked to this Website (including but not limited to hyperlinks, search engines and advertisements) ("Third Party Website(s)") and contents, products and services provided by third parties ("Third Party Provider(s)");
| | (b) | the Company may not have reviewed all the Third Party Website(s) and therefore inclusion of links to such Third Party Website(s) shall not be construed as or deemed to be the Company's endorsement or approval of the same or any of the content thereof;
| | (c) | I access, enter or use any links to Third Party Website(s) or deal with Third Party Provider(s) entirely at my own risk and the Company is not a party to any arrangement between the Third Party Provider(s) and me;
| | (d) | I shall contact the relevant Third Party Provider(s) to obtain further information and/or clarifications to resolve any questions before using, entering or accessing Third Party Website(s) or have any dealings with the Third Party Provider(s); and
| | (e) | in accessing, entering or using the Third Party Website(s) or dealing with Third Party Provider(s):
| (i) | the Company may need to transfer certain personal data to the Third Party Provider(s); and
| | (ii) | I agree to be subject to the terms and conditions and privacy policy (if any) of those Third Party Provider(s) and it is my responsibility to understand and determine the suitability of those terms and conditions and privacy policy of and the service and products provided by the Third Party Provider(s). |
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| | 11.2 | The Company shall not be responsible, does not give any assurance or guarantee and makes no warranty or representation as to Third Party Website(s) or suitability, correctness, reliability or completeness or otherwise of the service or product provided by the Third Party Provider(s) or their content or performance.
| | 11.3 | The Company will under no circumstances be liable for any loss or damage, whether direct or indirect, incidental or subsequent, arising from the use or presence of and/or from suspension, disruption or other non-availability of the Third Party Website(s) or the contents, products or services provided by Third Party Provider(s), or for any related errors, omissions, other disruptions or irregularities.
| | 11.4 |
The Company may provide links to websites which are provided by Associates of the Company on the Website. The terms and conditions of each of those websites may be different from those of the Company and I shall read and understand those terms and conditions carefully before entering, accessing or using those websites. |
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| 12
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INTELLECTUAL PROPERTY RIGHTS
| 12.1 | I acknowledge that all Content(s) on the Website and all related software(s) are proprietary to the Company and/or Third Party Provider(s) and are subject to copyright, trademark, logo and other intellectual property rights, whether registered or unregistered ("IP Rights"). Unless otherwise expressly stated or approved in writing by the Company or such Third Party Provider(s) as the case may be, nothing on the Website or such Third Party Website(s) shall be implied as granting me any right or license to use any IP Rights related to or shown on the Website.
| | 12.2 | I shall not and shall not attempt to, participate or permit any other person and shall notify the Company immediately if I know or suspect that any person is doing or attempting to do the following without the Company's prior written consent and/or being expressly authorized by law:
| (a) | sell, distribute, reproduce, vary, display, publicly perform, prepare works based on reproducing or otherwise use any of the Content(s) in any way for any public, business or commercial use;
| | (b) | use any Content(s) on any other website or in a networked computer environment for any purpose;
| | (c) | break into, access or use or attempt to break into, access or use any part of the Web Services, the Website, the Content(s) and/or any data areas on the Company's server(s) or those of any Third Party Provider(s) for any purposes unauthorized by the Company or such Third Party Provider(s);
| | (d) | infringe the IP Rights of any person or any party in using the Website or any Content(s);
| | (e) | violate any applicable law of any applicable jurisdiction in the use of the Web Services and/or the Website; and/or
| | (f) | collect or store personal data of or about other users of the Website or
Third
Party Website(s). |
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| 13
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FEES AND CHARGES
The Company reserves the right to impose or amend the fees and charges from time to time for the access or use of the Web Services. I agree that such fees and charges may be debited from my Card Account(s) with the Company.
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| 14
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PERSONAL DATA
By utilizing these Web Services and entering or attempt to enter the Website, I accept that all data including but not limited to "personal data" as defined in the Personal Data Privacy Ordinance ("PDPO") that is collected, stored, used or otherwise dealt with in any manner as a result of the use of the Web Services are bound by the privacy policy as amended or modified from time to time and posted on the Website.
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| 15
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INABILITY TO PERFORM OBLIGATIONS
The Company 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 or Web Services due (directly or indirectly) to the failure of any machine, Web Services, Website, Internet, the Computer System, data processing system or transmission link or any industrial dispute or any other factor outside the control of the Company or outside the control of the agents or sub-contractors of the Company.
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| 16
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NO WAIVER OF RIGHTS
No failure or delay by the Company 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.
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| 17
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LANGUAGE
If there is any inconsistency between the English version and the Chinese version of this Agreement, the English version shall prevail. If there is any inconsistency between the hard copy of this Agreement and the electronic version thereof on the Website, the electronic version shall prevail.
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| 18
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GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of Macau. I agree to submit to the non-exclusive jurisdiction of the courts of Macau but the Company may enforce this Agreement in the courts of any competent jurisdiction.
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| 19
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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 thereby.
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| 20
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DEFINITIONS - As used herein the word:
"Access Code" means one or more of the Username, the Password and Security Code and any other authentication as the Company may from time to time require from me for me to effect any Transaction(s) or gain access to or use the Web Services including but not limited to the Website and the Web Account online.
"Agreement" means this Online Services Agreement as amended or modified from time to time by the Company at its sole discretion.
"Associate" means a company or body corporate which is a member of the same "group of companies" (as defined in Section 2 of the Companies Ordinance).
"Bill Payment Notification" means a notification sent by the Company to me by way of email or other means to inform me whether a Bill Payment Transaction has been successfully processed.
"Bill Payment Party (or Parties)" means government bodies, utilities, companies, merchants, banks, charitable organizations or any other third parties as designated by the Company from time to time and the bills of which can be settled via the Web Services according to the procedures set out by the Company.
"Bill Payment Transaction(s)" means Immediate Bill Payment Transaction(s) and Scheduled Bill Payment Transaction(s).
"Card(s)" means any credit card issued by the Company (including without limitation, VISA, MasterCard, China Unionpay or others, whether categorized as classic/standard, gold, platinum or others, as the case may be).
"Card Account(s)" means the account(s) with the Company corresponding to the Card(s) opened and maintained by me. Such Card Account shall include, where Supplementary Card(s) is/are issued by the Company, all accounts in respect of such Supplementary Card(s).
"Cardmember Agreement" means the CCB (Macau) Credit Card Cardmember Agreement and the CCB (Macau) Credit Card Fee Schedule in relation thereto as amended or modified from time to time.
"Company" means China Construction Bank (Macau) Finance Limited (including its successors and assigns).
"Content(s)" means all messages, files, characters, text, files, data, software, images, photographs, illustrations and other materials whatsoever that appear, can be heard, read, downloaded or accessible through Website and/or the Web Services.
"Computer System" means the computer equipment and all hardware, software and modem connected to or contained in it which is required to access the Web Services.
"High Risk Authentication" means the following authentication the Company may from time to time require from me for High Risk Transactions:
| (a) | Username, Password;
| | (b) | Security Code; and
| | (c) | such other or additional authentication the Company may specify. |
"High Risk Transaction(s)" means that/those Transaction(s) the Company and/or the Macau Monetary Authority may from time to time designate as being high risk Internet banking transactions and/or which High Risk Authentication is required.
"Macau" means the Macau Special Administrative Region of the People's Republic of China.
"Immediate Bill Payment Transaction(s)" means transaction(s) for payment of a bill from my Card Account which I instructed the Company to process instantly via the Web Services.
"Password" means the tele-electronic identification number/alphabet as agreed between the Company and me which can be used, together with the Username and (if applicable) Security Code, to authenticate my identity for the use the Web Services.
"Payment Date" means the date specified for a Scheduled Bill Payment Transaction to be effected or as subsequently amended according to the terms and conditions of this Agreement.
"Personal Data" means the personal data relating to me and (if applicable) the Supplementary Cardmember(s).
"Principal Cardmember" means the person to whom the Card(s) is/are issued.
"Reference Number" means a number that is given by the Company to me online as a reference for the Company's acknowledgement of the receipt of my instruction to effect any Bill Payment Transaction.
"Scheduled Bill Payment Transaction(s)" means transaction(s) for payment of a bill from my Card Account(s) which I instructed the Company to settle on the date I specified via the Web Services.
"Security Code" means the following authentication in additional to Password and Username which the Company requires for conducting High Risk Transactions:
| (a) | short message service based one time password generated by the Company and sent to my mobile phone. Each password can only be used once and will expire within 3 minutes or within such time as the Company may reasonable determine from time to time; or
| | (b) | one time password generated by Security Device(s) other than mobile phone; and/or
| | (c) | such other authentication which is physically held by me which the Company may designate to be used. |
"Security Device(s)" means any device(s) that is provided by the Company to me (if any) or I possess for the generation of Security Code including but not limited to my mobile phone.
"Supplementary Cardmember(s)" means any person nominated by the Principal Cardmember and to whom a supplementary Card has been issued.
"Transaction(s)" means any transaction(s) which I instruct the Company to process through the Website and which shall include but not limited to the following:
| (a) | add a bill;
| | (b) | effect Immediate Bill Payment Transaction(s);
| | (c) | effect Scheduled Bill Payment Transaction(s);
| | (d) | check my payment history;
| | (e) | delete a bill;
| | (f) | set or change Card Account(s) or Web Account settings;
| | (g) | request for regeneration of automatic teller machine personal identification number for my Card Account(s);
| | (h) | change correspondence address;
| | (i) | change personal particulars;
| | (j) | redeem bonus points; and
| | (k) | other services that the Company may at its discretion provide me from time to time in the future. |
"Username" means the user login identification which the Company requires from me for the access of the Web Services.
"Web Account" means an online account with the Company provided by the Web Services system with which I have registered my Card Account(s) and/or any other accounts I may have with the Company.
"Web Services" means the services approved by the Company rendered by the Website which enable me to obtain information or data from the Company and/or give instructions to the Company including but not limited to effecting Bill Payment Transaction(s) and/or other Transaction(s) through the Company by the use of the Computer System.
"Website" means www.asia.ccb.com or such other website(s) as the Company may from time to time host.
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CCB (Macau) Credit Card Cardmember Agreement
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| 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 (Macau) FINANCE. THIS DOCUMENT, TOGETHER WITH THE FEE SCHEUDLE, COMPRISE THE CARDMEMBER AGREEMENT ("AGREEMENT"). YOUR USE OF THE CARD (INCLUDING ACTIVIATION OR SIMPLY MAINTAINING THE CARD ACCOUNT) WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT.
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| 1. |
DEFINITIONS
In this Agreement , the following words have the corresponding meanings:-
"CCB (Macau) Finance" means China Construction Bank (Macau) Finance Limited, a restricted licence bank.
"Card" means any credit card (including any replacement and subsequently renewed credit card) issued by CCB (Macau) Finance, whether it be VISA or MasterCard (whether categorized as classic/standard, gold or platinum). Where the context permits or requires, a Card includes a supplementary Card.
"Cardmember" means the person to whom the Card is issued and, where the context permits or requires, includes the Supplementary Cardmember(s).
"Card Account" means the account with CCB (Macau) Finance in respect of the Card.
"Fees and Charges" means the fees and charges set out in the Fee Schedule.
"Fee Schedule" means the CCB (Macau) Credit Card Fee Schedule (as amended or modified from time to time), a copy of which is available by calling the CCB (Macau) Credit Card 24-hour Customer Service Hotline at 317 95533 or from our website www.asia.ccb.com.
"Macau" means the Macau Special Administrative Region of the People's Republic of China.
"I", "me", "my" and "myself" means the Cardmember.
"MasterCard" means MasterCard International (and any successor or assign).
"My System" means the equipment and software contained on it used by me/Supplementary Cardmember(s) to access the Web Service.
"Password" means the identification made available to or selected by me and used (together with the Username) to access the Web Service.
"Personal Data" means the personal data relating to me.
"PIN" means the personal identification number(s) assigned by CCB (Macau) Finance to me for the purpose of identifying me for certain transactions made through the use of the Card.
"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.
"Supplementary Cardmember" means any person nominated by the Cardmember and to whom a supplementary Card is issued.
"Username" means the user identification made available to or selected by me and used (together with the Password) to access the Web Service.
"VISA" means Visa International Service Association (and any successor or assign).
"Web Service" means the Card related services available from CCB (Macau) Finance's web site.
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| 2. |
USE OF THE CARD
| 2.1 |
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 (Macau) Finance at all times and shall be returned to CCB (Macau) Finance upon request. |
| 2.2 |
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; and |
| (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 birthday or the birthday of a Supplementary Cardmember or relative or any part of any of my telephone numbers). |
|
|
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 (Macau) Finance) and shall indemnify CCB (Macau) Finance for any loss or damage reasonably incurred by it. |
|
| 2.3 |
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 (Macau) Finance upon request. The renewal of the Card shall be at CCB (Macau) Finance's discretion. If my Card is not renewed, the whole outstanding Card Account balance becomes due and payable immediately. Any renewal of the Card is subject to my right to cancel the Card by giving CCB (Macau) Finance written notice within 30 days from the date of renewal. |
| 2.4 |
Acceptance of Cards by Merchants - CCB (Macau) Finance 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 (Macau) Finance 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 (Macau) Finance liable or responsible in respect of any product or service purchased through the Card or any benefits given to me or other persons. The existence of any claims or disputes between any merchant and myself shall not relieve my obligation to settle any sum outstanding with CCB (Macau) Finance. |
| 2.5 |
Credit Limit - I will be given a credit limit expressed in Macau Dollars, (inclusive of a cash advance limit) which will be my maximum allowable outstanding balance at any time. It is set by CCB (Macau) Finance at its discretion. My credit limit will be shared between me and (if applicable) all of my Supplementary Cardmember(s). I shall strictly observe such credit limit. CCB (Macau) Finance reserves the right to increase or decrease my credit limit from time to time, without prior notice to or consent from me. |
| 2.6 |
Use Of Card - The Card is issued for my personal use and is not transferable. The use of the Card is subject to the credit limit set by CCB (Macau) Finance, in connection with: (i) the payment for any purchase of goods and/or services, payment for which may be charged to the Card Account; and (ii) cash advances and/or credit facilities subject to any pre-arrangement required by CCB (Macau) Finance. No other person is permitted to use my Card for charges, for identification or for any other purpose. If I let someone else use my Card or relinquish physical possession of my Card, I will remain fully liable to CCB (Macau) Finance 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. |
|
| 3 | FEES AND CHARGES
3.1 Fees And Charges - I agree the following Fees and Charges, shall be levied on my Card Account. FULLER DETAILS ARE SHOWN IN THE FEE SCHEDULE. I CONFIRM THAT I UNDERSTAND THESE FEES AND CHARGES.
Annual Fee - Unless informed otherwise, an annual fee will be chargeable.
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 may not be eligible to enjoy such benefits or I may be charged the relevant fees (as determined by CCB (Macau) Finance at its discretion).
Card Replacement Fee - A card replacement fee will be charged per replacement Card.
Cash Advance Fee - A handling fee will be charged for every cash advance transaction made.
Credit Balance Refund by Cashier Order - Withdrawal of any credit balance of my Card Account via a cashier order will be subject to a handling fee.
Credit Card Repayment Service Fee at Designated Payment Affiliates - A handling fee will be charged for every payment transaction made through any payment affiliate of CCB (Macau) Finance.
Credit Reference Letter Handling Fee - Issuance of a Credit Reference Letter will be subject to a handling fee.
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 (at the interest rate shown on the Fee Schedule) based on :
|
(i) | the full outstanding balance (shown in the Statement of Account) as from the respective date(s) of the transaction(s), until full repayment is received; and
| | (ii) | the amount of all new transactions not yet shown in the Statement of Account as from the respective date(s) of the new transaction(s), until full repayment is received, even though these new transactions are not due for repayment.
|
If the required minimum payment is not paid in full (as indicated in the Statement of Account) by 44 or 54 days past the date of such Statement of Account, I will be subject to the higher finance charges for all sums due.
The applicable finance charges in respect of cash advances and retail purchases are specified in the Fee Schedule.
I agree that once a higher finance charge has become applicable, it will continue to be applicable (regardless of whether or not any subsequent minimum payment has been made in full) until further notice is given to me.
Foreign Currency Conversion Fee - A fee will be charged for every transaction effected in a currency other than Macau Dollars.
Foreign Currency Cheque Processing Fee - Foreign currency cheques (which we may at our discretion accept) will be processed subject to a handling fee.
Insurance Premium - I agree to pay any insurance premium payable in respect of any insurance products marketed through a Card insurance program arranged by CCB (Macau) Finance and accepted by me.
Late Charge - If I fail to pay in full the "Minimum Payment" on or before the "Payment Due Date", each as set out in the Statement of Account, a late charge will be imposed.
Overlimit Fee - An overlimit fee will be charged once per each Statement of Account if the outstanding balance exceeds the prescribed credit limit for the Card Account.
Overseas Transactions Fee - A handling fee will be charged for every transaction not in Macau Dollars.
Returned Cheque or Autopay Reject Handling Fee - A handling fee will be charged for each returned cheque or autopay reject.
Sales Draft Retrieval Fee - Retrieval of a sales draft copy will be subject to a handling fee.
Statement Retrieval Fee - Retrieval of a copy of a Statement of Account will be subject to a handling fee.
I agree to pay such other reasonable fees and charges as notified by CCB (Macau) Finance 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).
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3.2 Payment Order - Payment of the Fees and Charges shall be made by such means and in such manner as CCB (Macau) Finance may from time to time specify and will be accepted subject to CCB (Macau) Finance's regular business practices and procedures. Any payment made shall be applied in settling my Card Account in the following sequence:
| (i) | late charge and overlimit fees; then
| | (ii) | cash advance fee; then
| | (iii) | sales draft retrieval fee, replacement card fee, statement retrieval fee, returned cheque fee, autopay reject handling fee and other fees and charges; then
| | (iv) | annual fee; then
| | (v) | finance charge for cash advance interest; then
| | (vi) | finance charge for interest on purchases; then
| | (vii) | the outstanding principal amount of any and all transactions effected through the Card; and, lastly,
| | (viii) | insurance premium.
|
|
| | 4. | DEFAULT AND INDEMNITY
|
4.1 | 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 Account), including the interest, all fees and the full annual fee, late charges and other charges whether made in Macau or abroad.
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| 4.2 | Collection Costs - If CCB (Macau) Finance refers the collection of my Card Account 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 (Macau) Finance in recovering such payment and enforcing CCB (Macau) Finance's rights.
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| 4.3 | Indemnity - I shall indemnify CCB (Macau) Finance on demand, for such amount of loss, damage, costs and expenses, (including all reasonable legal and debt collection costs and expenses) which CCB (Macau) Finance 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. |
| | 5. | DATA PRIVACY
|
5.1 | Privacy Notice - I acknowledge, confirm and agree that CCB (Macau) Finance may and may continue to obtain, use, store, transfer and disclose (whether within or outside Macau) 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 the statements, circulars, privacy notices or terms and conditions from time to time made available by CCB (Macau) Finance to its customers. Accordingly, CCB (Macau) Finance 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 (Macau) Finance, government and regulatory bodies, agents, contractors and third party service providers and, in the event of default, debt collection agencies.
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| 5.2 | 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 (Macau) Finance 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.
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| 5.3 | Transfer of Personal Data -Without prejudice to the foregoing, I authorize CCB (Macau) Finance to disclose and transfer the Personal Data and the information about my Card Account confidentially to (i) any third party service providers (located in Macau 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 (Macau) Finance or its licensees worldwide; and (iii) to any third party whose name or logo appears on the Card worldwide.
I further authorize CCB (Macau) Finance to use and disclose the Personal Data and the information provided in connection with my Card Account 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 (Macau) Finance, marketing purposes (including, without limitation, (i) the marketing of products and/or services of any affiliate, group companies or agent of CCB (Macau) Finance and/or selected business partners; and/or (ii) the exchange of non-financial information with any affiliate, group companies or agent of CCB (Macau) Finance and/or selected business partners) and any other purpose as CCB (Macau) Finance may from time to time notify me.
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| 5.4 | Right to Request Access - I confirm that I am aware of my entitlement at any time to request access to information held by CCB (Macau) Finance about my Card Account and update and correct such information. CCB (Macau) Finance may impose a reasonable charge to cover the costs of complying with such requests. Requests should be addressed to CCB (Macau) Finance and marked for the attention of the Data Protection Officer (Address: P.O. Box 60126 Tsat Tsz Mui Post Office, Quarry Bay, Hong Kong). |
| | 6. | LOST CARD LIABILITY
|
6.1 | 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 (Macau) Finance by calling the 24-hour Lost/Stolen Card Hotline at (852) 2161 3999 , or such other telephone number CCB (Macau) Finance 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 (Macau) Finance if requested. If such loss or theft occurs overseas, the report should still be made to the said Hotline (which is toll-free), otherwise to any member of VISA or MasterCard and reported to local police.
|
| 6.2 | 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 (Macau) Finance in the manner described above, provided that if CCB (Macau) Finance 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 (Macau) Finance 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 (Macau) Finance shall not exceed HK$500 on each occasion.
|
| 6.3 | Replacement Card Fee - Issue of any replacement Card shall be at CCB (Macau) Finance's discretion. CCB (Macau) Finance 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 (Macau) Finance if I (and/or any Supplementary Cardmember(s)) have acted fraudulently or with gross negligence. |
| | 7. | PAYMENTS
|
7.1 | Liability of the Cardmember - I shall be liable to CCB (Macau) Finance for all amounts charged to my Card (whether or not the transaction have been posted to the Card Account), including cash advances, all interest, all fees and other charges, whether made in Macau or abroad. All charges on the Card Account not made in Macau Dollars shall be converted to Macau Dollars using the then applicable VISA or Mastercard exchange rate. I agree and authorize CCB (Macau) Finance to debit the Card Account for all the amounts payable by me to CCB (Macau) Finance on the relevant due dates. Without prejudice to the right of CCB (Macau) Finance to demand immediate payment of the full amount outstanding at any time, I shall pay to CCB (Macau) Finance at least the required minimum payment indicated in each Statement of Account on or before the due date specified therein.
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| 7.2 | Currency - All my Card Account payments must be settled in Macau Dollars. Payment is only treated as effective once the relevant funds have been received for value by CCB (Macau) Finance. Card Account payment made by foreign currency cheques is accepted at the discretion of CCB (Macau) Finance. If CCB (Macau) Finance 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.
|
| 7.3 | Excess Credit - CCB (Macau) Finance may retain in the Card Account or return to me, by such means as CCB (Macau) Finance may determine, any excess sum deposited in settlement of the outstanding balance of my Card Account.
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| | 8. | STATEMENTS OF ACCOUNT
|
8.1 | Statement of Account - A Statement of Account will normally be issued at monthly intervals unless my Card Account has a debit balance of less than HK$10 or has otherwise been inactive for any particular month of account. In case I do not receive the Statement of Account, I shall promptly inform CCB (Macau) Finance in writing. I understand I am deemed to have received all my Statements of Account unless I inform CCB (Macau) Finance in this way.
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| 8.2 | Errors in the Statement of Account - The entries in the Statement of Account are presumed true and correct unless I notify CCB (Macau) Finance in writing of any error or omission therein within sixty (60) days from the date of 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 slips in proof of transactions set out in the Statement of Account. |
| | 9. | BONUS POINTS AND VISA PLATINUM
| 9.1 | Benefit Schemes - I understand that CCB (Macau) Finance 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 operate in accordance with the terms and conditions of the relevant bonus point and/or benefits scheme.
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| 9.2 | Visa Platinum Services - Where I hold a Card that Visa categorize as platinum, VISA 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 (Macau) Finance 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 (Macau) Finance. CCB (Macau) Finance 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. |
| | 10. |
OVERSEAS TRANSACTIONS
All transactions effected in a currency other than Macau Dollars are converted from the transaction currency into Macau Dollars and charged to the Card Account based on the exchange rate adopted by VISA or MasterCard, as applicable, on the date of conversion. In addition, all transactions effected in a currency other than Macau Dollars are subject to a foreign currency conversion fee (representing the charge imposed by VISA or MasterCard on the issuer of the Card) and an overseas transaction fee, in such amounts as set forth in the Fee Schedule.
|
| 11. |
INSURANCE OFFERS
I understand that CCB (Macau) Finance 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 (Macau) Finance 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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| 12. | WEB SERVICE
|
12.1 | Username and Password - In connection with the use of the Web 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 (Macau) Finance's staff, or to anyone giving helpdesk or other assistance in connection with the Card or the Web Service.
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| 12.2 | Security Measures - I shall not allow anyone else to operate the Web Service on my behalf. I agree that the use of the Username and Password for the Web Service is adequate identification of myself. CCB (Macau) Finance, acting in good faith, is entitled to relay and act on instructions (given using the correct Username and Password via the Web Service) without obtaining any further written or other confirmation from me, even if those instructions are not actually given or authorized by me.
|
|
| 13. | AMENDMENTS AND ASSIGNMENT
| 13.1 | Amendments - CCB (Macau) Finance has the right to amend, at its discretion, this Agreement and/or the Fee Schedule from time to time. I understand that a notice of amendment will be sent to me each time CCB (Macau) Finance amends this Agreement and/or the Fee Schedule. Where such amendments affect the Fees and Charges and/or my liabilities or obligations, I will be given not less than 30 days' notice before such amendments take effect (unless these are not within the control of CCB (Macau) Finance). 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 (Macau) Finance written notice of termination within 30 days after the date of the notice. CCB (Macau) Finance 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 30 days from the date of the notice of the amendment, CCB (Macau) Finance will repay me the Annual Fee and any other periodic fee which can be separately distinguished on a pro rata basis unless the amount involved is minimal.
| | 13.2 | Assignment And Waiver - I hereby agree that CCB (Macau) Finance may assign, discount or otherwise transfer all or any part of its rights and/or obligations under the Card Account or this Agreement without notice to me. |
| | 14. | TERMINATION
| 14.1 | Termination - I understand that I may at any time terminate my Card by giving CCB (Macau) Finance not less than 30 days written notice of termination. CCB (Macau) Finance reserves the right at any time to terminate my Card by giving notice to my last known address. Upon request by CCB (Macau) Finance, the Card (which should be cut into halves) must be returned to CCB (Macau) Finance after termination.
|
| 14.2 | Effect of Termination - If for any reason my Card is terminated by me or by CCB (Macau) Finance 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 Account, including the interest, all fees and the full annual fee, and other charges (whether made in Macau or abroad), shall become immediately due and payable without demand or notice. |
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| 14.3 | Indemnity - I shall indemnify CCB (Macau) Finance 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 (Macau) Finance may reasonably incur by reason of any transaction effected through the use of a Card. Pending such repayment, CCB (Macau) Finance will be entitled to continue charging a late charge. Continued use of a terminated Card is strictly prohibited and may be unlawful.
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| 14.4 | Closed Card Account - If there is credit balance remaining after the Card is terminated, I shall arrange with CCB (Macau) Finance to collect any such remaining credit balance within six (6) months from such termination. Otherwise, CCB (Macau) Finance may (without prior notice) deduct from such remaining credit balance all reasonable administrative costs incurred by CCB (Macau) Finance thereafter in maintaining such monies pending my collection. |
| | 15. |
COMMUNICATION
I shall promptly notify CCB (Macau) Finance of any change in my personal information (including residence, office or mailing address and/or telephone number(s)) and any change in financial and employment status). I understand that each such mailing address shall always be in Macau. In case such chosen mailing address is not accessible through mail or delivery, CCB (Macau) Finance has the option to use other address(es) held on CCB (Macau) Finance's record.
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| 16. | SUPPLEMENTARY CARDS
| 16.1 | 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 and also all the debts and liabilities of the Supplementary Cardmember under the Card Account.
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| 16.2 | Liability of the Supplementary Cardmember - Each Supplementary Cardmember shall be liable for his/her own debts and liabilities under the Card Account 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 (Macau) Finance.
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| | 17. |
SET-OFF
In addition to any general right to set-off or other rights conferred by law or under any other agreement, CCB (Macau) Finance may, without prior notice, combine or consolidate the outstanding balance on my Card Account with my other accounts maintained with CCB (Macau) Finance of whatever description and in whatever currency and whether held singly or jointly with others in or towards discharge of all sums due by me to CCB (Macau) Finance under this Agreement; provided that no Supplementary Cardmember shall be liable for my debts and liabilities or the debts and liabilities of any other Supplementary Cardmember under the Card Account.
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| 18. |
VERBAL INSTRUCTIONS
In the course of providing the Card services, I acknowledge that CCB (Macau) Finance may (but is not obliged to) record verbal instructions received from me and/or any verbal communication between me and CCB (Macau) Finance 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 (Macau) Finance 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 (Macau) Finance 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 willful default or gross negligence on the part of CCB (Macau) Finance in processing such transaction, be binding on me.
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| 19. | NOTICES
CCB (Macau) Finance shall be entitled to send any notice to me by prepaid post to my address last known to CCB (Macau) Finance. Any notice so sent by CCB (Macau) Finance shall be deemed to have been received by me five (5) days from the date of posting. I must send or confirm any notice to CCB (Macau) Finance by prepaid post to CCB (Macau) Finance's place of business. All notices or other communications sent by me to CCB (Macau) Finance shall be deemed to have been delivered to CCB (Macau) Finance on the day of actual receipt.
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| 20. | INABILITY TO PERFORM OBLIGATIONS
CCB (Macau) Finance 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 (Macau) Finance (or of CCB (Macau) Finance's agents or sub-contractors) .
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| 21. | NO WAIVER OF RIGHTS
No failure or delay by CCB (Macau) Finance 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.
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| 22. | ABSENCE FROM Macau
If I should be absent from Macau for more than one month, arrangements to settle the Card Account should be made prior to my departure.
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| 23. | 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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| 24. | GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of Macau. I agree to submit to the non-exclusive jurisdiction of the courts of Macau.
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| 25. | 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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|
ITEMS |
FEES & CHARGES |
| 1. |
| Finance Charge |
- Retail purchase |
- Cash advance |
|
|
- Retail purchase |
- Cash advance |
|
|
30.61% per annum* |
31.89% per annum* |
(monthly rate at 2.25% for both retail purchase & cash advance)
If at any time a Cardmember does not make at least the required minimum payment as indicated in the Statement of Account and fails to settle the minimum payment in full by 44/54 days past the date of such Statement of Account, the finance charge will be adjusted to be: |
At 44 Days Past Due |
At 54 Days Past Due |
38.48% per annum* |
42.58% per annum* |
39.82% per annum* |
43.95% per annum* |
(monthly rate at 2.75% for both retail purchase & cash advance) |
(monthly rate at 3% for both retail purchase & cash advance) |
|
| 2. |
Cash Advance Fee |
3% of the cash advance amount per transaction
(subject to a minimum charge of HK$100) |
| 3. |
Late Charge |
5% of the “Minimum Payment” as set forth in the Statement of Account
(subject to a minimum charge of HK$180 and a maximum charge of HK$250) |
| 4. |
Returned Cheque or Autopay Reject Handling Fee |
HK$150 per returned cheque/per autopay reject |
| 5. |
Card Replacement Fee |
HK$100 per replacement card |
| 6. |
Overlimit Fee |
HK$180 per Statement of Account |
| 7. |
Sales Draft Retrieval Fee |
HK$40 per sales draft copy |
| 8. |
Statement Retrieval Fee |
A copy of the most recent Statement of Account is free of charge, otherwise, HK$40 per copy |
| 9. |
Foreign Currency Cheque Processing Fee |
HK$100 per cheque |
| 10. |
Credit Balance Refund by Cashier Order |
HK$75 per withdrawal |
| 11. |
Credit Card Repayment Service Fee at Designated Payment Affiliates |
HK$20 per payment transaction
(including each cash payment and each cheque payment)
|
| 12. |
Overseas Transactions Fee |
0.75% of every transaction effected in a currency other than Macau Dollars |
| 13. |
Foreign Currency Conversion Fee |
An amount equivalent to the charge imposed by VISA or MasterCard on the issuer of the Card for any foreign currency conversion**. |
| 14. |
Annual Fee (per card) |
- Classic/Standard |
- Gold |
- Platinum |
|
| Principal |
Supplementary |
HK$240 |
HK$120 |
HK$480 |
HK$240 |
HK$1,500 |
HK$750 |
|
| 15. |
Other Fees and Charges |
Fees and charges as specified by CCB (Macau) Finance from time to time (including, without limitation, (1) fees and charges relating to the processing of cash payments that may be imposed by CCB (Macau) Finance at its option and/or imposed by other banks as the case may be; (2) fees and charges specified by CCB (Macau) Finance in any application form, product feature leaflet or relevant marketing or promotional materials in relation to the Card; and (3) any handling / service fee as specified by relevant credit card associations and/or merchants). |
| 16. |
Credit Reference Letter Handling Fee |
HK$200 per letter |
| |
| * The above annualized rates are calculated according to the method set out in the guidelines that are issued from time to time by the Macau Monetary Authority, the Macau Association of Banks or the DTC Association. With respect to cash advances, the annualized rate is applied to the amount of the cash advance as well as to any related cash advance fees. |
| |
| ** The current reimbursement charge imposed by VISA and MasterCard on the issuer of the Card is 1%. |
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| China Construction Bank (Macau) Finance Limited ("CCB (Macau) Finance") reserves the right at its sole discretion and from time to time to amend the above fees and charges. Any such amendment will be notified to Cardmembers and will be effective in accordance with the relevant terms and conditions of the CCB (Macau) Credit Card Cardmember Agreement. |
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| In case of discrepancies between the English and Chinese version of this notice, the English version shall apply and prevail. |
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REV 09/09 |
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© 2018 China Construction Bank Corporation Macau Branch. All rights reserved.
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