Terms and Conditions for i-p2p Payment Services

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1 Terms and Conditions for i-p2p Payment Services In consideration of The Bank of East Asia, Limited 東亞銀行有限公司 ( BEA or the Bank ) agreeing to provide i- P2P payment services (the Services ) through BEA App and/or other software (each of them, the Software ) under different electronic delivery channels including but not limited to the internet, and mobile networks as announced by the Bank as available from time to time, the Customer hereby agree that by using the Service, the following terms and conditions (as amended from time to time by the Bank) (the Terms ), together with the terms and conditions of BEA s Cyberbanking, shall be binding on the Customer. In the event of any conflict between the Terms and the terms and conditions of BEA s Cyberbanking, the Terms shall apply and prevail. 1. i-p2p Payment Services By subscribing to the Service, the Customer can transfer money to the designated recipient(s) via the Software by registering the Hong Kong mobile phone number of the recipient(s), sending SMS Code (as defined below) and communicating the Sender Code (as defined below) to the recipient(s), and the recipient(s) can input the SMS Code, the Sender Code and the designated recipient s account number via the Software to collect the payment and the payment will be debited from the Customer s designated account(s) maintained with BEA for settlement. The Customer agrees to register his/her mobile phone number held in the Bank s record as his/her personal identifier for sending and automatically receiving money via the Service and authorise the Bank to disclose and transfer his/her mobile phone number and designated account number(s) maintained with the Bank to the Bank s payment service agencies, bank consortiums, correspondents, sub-agents, or other agencies as announced by the Bank from time to time (each of them, the Agency and collectively the Agencies ), including but not limited to Joint Electronic Teller Services Limited ( JETCO ) for sending money to and receiving money from the Agency s services. Upon the Agency s request, the Customer s name or partial name and designated account number(s) shall be disclosed and transferred to the Agency when sending money via the Services or receiving money via the Agency s services to facilitate the Agency s sender to confirm the payment instruction to the Customer. The Customer can access the information of the transaction status and activities related to the Services and give instructions to the Bank in regard to the Services according to the procedures and rules as prescribed by the Bank from time to time. 2. i-p2p Transaction Limit The amounts which the Customer shall be entitled to transfer to the account of designated recipient(s) via the Services shall be subject to the transaction limit(s) as prescribed by the Bank from time to time. The Bank shall have the right to impose such restriction as the Bank thinks fit for the efficient operation of the Service or for any other reason(s) without prior notice. 3. Customer In the Terms, the Customer refers to any user of the Services, who accesses the Services to (i) transfer money to other party(ies); (ii) collect money from other party(ies); (iii) request payment from other party(ies) and/or (iv) send instructions for other party(ies) to collect money from the Customer s designated account(s). For transferring money to other party(ies), the account from which the funds are debited must be a BEA Credit (09/2018) 1

2 Card (Exclusive for University/College Student) account, a Lingnan University MasterCard account, a Hong Kong Institute of Education (HKIEd) Visa Card account, a Hong Kong Polytechnic University (PolyU) Visa Card account, a University of Hong Kong (HKU) Credit Card account, a Vocational Training Council (VTC) Visa Card account, a BEA i-titanium Card account (and each of them, an Eligible Credit Card Account ) or a BEA bank account of the Customer. Transfer initiated by an Eligible Credit Card Account must be collected by an Eligible Credit Card Account only. 4. Subscription for i-p2p Payment Services To subscribe for the Services, the Customer must be a BEA s Cyberbanking and Mobile Banking account holder who has downloaded the Software for the Services. During the subscribing process, the Customer must confirm that all information provided (including the mobile phone number) is true and correct and owned by Customer in all respects and authorise the Bank to use and/or communicate such information with whatever sources that the Bank may consider appropriate for the purpose of verifying the information. Subject to the final approval at the sole and absolute discretion of the Bank for access of the Service, the Customer is required to (i) select the designated account(s) of the Customer held with the Bank for payment settlement and/or receiving funds via the Services; and (ii) register and confirm the designated friend list of the Services by inputting his/her mobile phone number and password and/or other additional authentication methods prescribed by the Bank from time to time, and/or other login information of BEA s Cyberbanking and the Software the first time the Customer accesses the Services. The Customer agrees to disclose and transfer the Customer s mobile phone number held in the Bank s record, name, designated account(s) maintained with the Bank, the mobile phone number(s) input via the Services and the related information in his/her phone book to the Bank, mobile phone service provider(s) and/or any other third party(ies), including but not limited to the Agency(ies), engaged in any transaction or providing any service in relation to the Services and between any one or more of such entities and their subsidiaries, group members and agents thereof whether in or outside Hong Kong in connection with the provision of the Services. For the designated recipient(s) who are not BEA s Cyberbanking and Mobile Banking account holder and his/her mobile phone number(s) has not been registered in the Bank s record, when the Customer initiates a payment instruction via the Services, the designated recipient(s) mobile phone number(s) shall be disclosed and transferred to the Agency(ies), or any other network as announced by the Bank from time to time for verification. In case the mobile phone number(s) are maintained with the Agency(ies), the money shall be transferred to the designated recipient(s) through the services of the Agency(ies). The availability and provision of the services between the Agencies with any bank other than BEA that participates in the services of the Agency(ies), is subject to the discretion of the Agency(ies). BEA is not responsible and shall not be liable to communicate with other participating banks in the event of disputes and claims arising out of the services of the Agency(ies). The Customer will not be able to enjoy any bonus points, cash rebates, rewards or any other benefit schemes by using an Eligible Credit Card Account for payment through the Service. 5. Friend List The Customer can add or remove any mobile phone number(s) in his/her device s contact as friend list of the Services, for sending, requesting or receiving money via the Services and agrees that except due to negligence or willful default of the Bank, the Customer shall be solely responsible for the timeliness, (09/2018) 2

3 completeness or accuracy of the information of mobile phone number(s) provided by the Customer through the Services. 6. SMS Code In the Terms, SMS Code means the code designated by the Bank as an identity of the payment instruction and would be sent to designated recipient for collecting the payment as an authentication to access the payment instruction. 7. Sender Code In the Terms, Sender Code means the code set by the Customer via the Software and communicates to the designated recipient(s) as the identification code for collecting the payment via the Software. The Sender Code is not applicable to the designated recipient(s) who has registered to collect payment automatically to his/her designated account with the Bank and/or collects payment via the services of the Agency(ies). 8. QR Code Services This clause 8 applies to the use of the QR code provided in the Services (the QR Code Services ), together with the Terms and any other terms and conditions that apply to the Software through which the Customer accesses the QR Code Services. (i) Using the QR Code Services and the Customer s responsibility (a) The QR Code Services allow the Customer to scan a QR code provided by the Bank or by another party(ies) to automatically capture the payment or funds transfer data without the need for manually entering the data. Any QR code provided by another party(ies) must meet the specifications and standards prescribed by Hong Kong Interbank Clearing Limited in order to be accepted. The Customer is fully responsible for ensuring that the captured data is accurate and complete before confirming any payment or funds transfer instruction. The Bank is not responsible for any error contained in such payment or funds transfer data. (b) The QR Code Services can be used on the Software running an operating system supported and specified by the Bank from time to time. (c) Updates to the QR Code Services may be released periodically through the supplying app store for the Software. For some devices, updates will be downloaded automatically. For other devices, the Customer will need to download the updates manually. Depending on the update, the Customer may not be able to use the QR Code Services until the latest version has been downloaded. The Customer is fully responsible for ensuring the latest version has been downloaded to the Customer s device for the purpose of using the QR Code Services. (d) The QR Code Services are intended for use by the Bank s customers only. The Bank has the right to cancel the Customer s account for the Software and/or block the Customer from accessing the QR Code Services if the Bank discovers that the Customer is not eligible to use the QR Code Services, without prior notice. (e) The QR Code Services are not intended for use in any jurisdiction where their use would be contrary to any law or regulation of that jurisdiction or where the Bank is not licensed or authorised to provide the QR Code Services. (f) The Customer must comply with all applicable laws and regulations that govern the Customer s download of the Software, or access or use of the Software or the QR Code Services. (09/2018) 3

4 (g) The Customer uses, downloads or obtains any material or information through the use of the QR Code Services at the Customer s sole risk and discretion. The Customer is solely responsible for any damage to the Customer s computer or other device or loss of data resulting from downloading, obtaining or using such material or information. To the maximum extent permitted by law, the Bank expressly disclaims all warranties and conditions of any kind, whether express or implied. (ii) Security (a) The Customer must not use the QR Code Services on any device or operating system that has been modified outside his/her device or operating system vendor s supported or warranted configurations. This includes devices that have been "jail-broken" or "rooted". A jail broken or rooted device means one that has been freed from the limitations imposed on it by the Customer s mobile service provider and the phone manufacturer without their approval. The use of the QR Code Services on a jail broken or rooted device may compromise security and lead to fraudulent transactions. Use of the QR Code Services in a jail broken or rooted device is entirely at the Customer s own risk and the Bank will not be liable for any losses or any other consequences suffered or incurred by the Customer as a result. (b) The Customer is fully responsible for all instructions or requests given by the Customer or any other party(ies) authorised by the Customer during the use of the QR Code Services. (c) The Customer is fully responsible for ensuring that the information shown or stored on the Customer s device is kept secure. (d) If the Customer know or suspect that any other person knows the Customer s security details, or has used or tried to use them, or if the Customer s device is lost or stolen, the Customer must notify the Bank as soon as reasonably practicable. (iii) The Bank s responsibility and restriction of liability (a) While the Bank makes commercially reasonable efforts to provide the QR Code Services, the Bank is not liable for any failure to provide the QR Code Services. (b) The QR Code Services are provided on an as is basis with no representation, guarantee or agreement of any kind as to their functionality. The Bank cannot guarantee that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to the Customer s device in the use of the QR Code Services. The Bank is not responsible for any loss the Customer may incur as a result of the Customer s use of the QR Code Services. (iv) For the avoidance of doubt, nothing above is intended to exclude or restrict any condition, warranty, right or liability which may not be lawfully excluded or restricted. 9. Suspension of the Services The granting of the Services shall be at sole and absolute discretion of the Bank and the Bank may cancel or suspend the Services or any part thereof at any time without prior notice. 10. Liability Unless due to the negligence or willful default of the Bank, the Bank shall under no circumstances be liable for: (i) any failure of the Customer to gain access in whole or in part to the Services, or to retrieve the information of the designated recipient(s) under the Services; (09/2018) 4

5 (ii) any inaccuracy, incompleteness or misinformation in any information of the designated recipient(s) provided by the Customer through the Services; (iii) any failure by the Customer to update the mobile telephone number(s), account numbers, account name, and/or other information of the designated recipient(s) under the Services; and (iv) any delays in the implementation of payment instruction; delivery or availability of, or failure to deliver or make available, any part of the Services; dispatch or delivery of, or failure to dispatch or deliver of, any notice or information provided or requested via the Services; or any inaccuracy, error or omission in or from any such notice or in or from any information contained in any such notice offered by any other third party(ies), including but not limited to the Agencies. The Customer shall indemnify and keep the Bank fully indemnified from and against all actions, suits, proceedings, claims, demands, losses, damages, costs, fees and expenses or liabilities of whatever nature which the Bank may suffer, incur, or sustain whether actual or contingent by reason of or arising out of the use of the Services by the Customer provided that such indemnity shall not extend to any consequence arising solely from the negligence or default of the Bank. 11. Payment Validity Any payment from the Customer s designated account(s) to the designated recipient(s) account shall be subject to verification by the Bank (such verification may not take place on the same date). The Bank will hold the amount of payment upon receipt of payment instruction from the Customer through the Services and the Customer will not be allowed to withdraw or utilise such payment thereafter. If the designated recipient s account is not an account maintained with the Bank, and is an account maintained with the Agency, the payment will be transferred via the services of the Agency and be credited to the recipient s account at a time subject to the discretion of the Agency. If the designated recipient s account is not an account maintained with the Bank and is not an account maintained with the Agency, the payment will be transferred via various electronic delivery channels as prescribed by BEA from time to time and is accepted for collection by the designated recipient(s) only, and the payment will not be credited to the designated recipient s account until after the payment has been duly cleared. Such payment collection may not take place on the same date. BEA will not levy any charge on the Services via the electronic delivery channels as prescribed by BEA from time to time. Please refer to the bank charges of the recipient s bank on electronic delivery channels, if any. 12. Termination of the Services The Customer may instruct the Bank to terminate the Services by giving the Bank an instruction via BEA s Cyberbanking or such other channel as accepted by the Bank. Upon recipient of the said instruction by the Bank, the Services will be terminated accordingly. Any termination of the Services will not affect the Customer s liabilities and obligations which have incurred or accrued and any instruction provided to the Bank prior to such termination. 13. Amendment The Bank may revise any provisions contained in the Terms and/or introduce additional provisions to the Terms at any time and from time to time at the Bank s sole and absolute discretion. Such provisions, any revision and/or additions to the Terms shall become effective and shall be deemed to have been accepted by, and binding on the Customer if the Customer continues to use the Services. (09/2018) 5

6 14. The Contracts (Rights of Third Parties) Ordinance No person other than the Customer or the Bank 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 the Terms. 15. Governing Law and Jurisdiction The Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People s Republic of China ( Hong Kong ) and BEA s by-laws, regulations and practices. The Customer hereby irrevocably submits to the non-exclusive jurisdiction of the Hong Kong Courts to determine, enforce and adjudicate all disputes and claims arising out of the above and in connection with the Services. 16. Governing Version The Chinese version of the Terms is for reference only. If there is any conflict and/or inconsistency between the English and the Chinese versions, the English version shall prevail. 17. Miscellaneous Words and phrases in the Terms shall be read and construed in accordance with the definitions contained herein. Where the context permits, the singular includes the plural and vice versa, the masculine includes feminine and neuter and vice versa. (09/2018) 6