Terms of Use of Mobile Wallet
Terms of Use of Mobile Wallet
You must read these Terms of Mobile Wallet (“Terms”) carefully before you register, activate or use the Debit Card for any Mobile Wallet. These Terms govern the registration, activation and use of your Debit Card for any Mobile Wallet. Registering your Debit Card for any Mobile Wallet indicates that you accept and agree to be bound by these Terms.
If you do not accept these Terms, you should not register for any Mobile Wallet.
1. Application
1.1. Please read these Terms together with our:
- Account Terms;
- Terms of Use of App; and
- Privacy Policy Statement and Notice to Customers and Other Individuals relating to Personal Data (Privacy) Ordinance ("Privacy Notice")
1.2. These Terms supplement the Account Terms and together, they govern your Debit Card. If there is any inconsistency between the provisions of these Terms and the provisions of the Account Terms, the provisions of these Terms shall prevail to the extent of the inconsistency.
1.3. You may need to agree separate terms with the Mobile Wallet Provider, which govern the registration and storage of your Debit Card in the Mobile Wallet and the use of the Mobile Wallet (including the use of any data you provide to the Mobile Wallet Provider). Those separate terms you agree with the Mobile Wallet Provider will not change or override these Terms and the Account Terms.
1.4. We have the right to suspend or cancel your ability to use your Debit Card in connection with any Mobile Wallet at any time and do need not give you any prior notice or reason for doing so.
2. Definitions
2.1. In these Terms, the following words shall have the following meanings:
“Debit Card” means any card issued by us with ATM functions by which you can access through such point of sale terminals and other devices, and such Accounts and Services as we may determine and provide from time to time. Any reference to the Debit Card includes the virtual and/or physical Debit Card (unless otherwise specified).
"Mobile Device" means a smartphone, watch or any other device with a digital or electronic wallet or other capability and of such type or model as a Mobile Wallet Provider may specify from time to time as being eligible for the Mobile Wallet provided by it;
"Mobile Wallet" means the service provided by a Mobile Wallet Provider from time to time which enables contactless payments to be made with a Welab Debit Card stored on a Mobile Device;
"Mobile Wallet Provider" means a provider of Mobile Wallet as the Bank may specify from time to time;
"Mobile Payment Transaction" means each transaction effected by the use of a Debit Card stored in a Mobile Device;
“PIN” means any and all of the following:
(a) your username, password or code designated by us or you or generated by our system or your Mobile Device, and includes any one-time-password;
(b) your biometric credentials, including your fingerprint, your face or such other biometrics features as may be prescribed by us; and
(c) your mobile security key, telephone identification number or such other identification data as designated by us or you or generated by our system or your Mobile Device,
for using or accessing any Accounts or Services, including using and accessing the Debit Card or Mobile Device and making payments.
2.2. Any terms not defined in these Terms has the meaning given to that term in the Account Terms.
3. Registration, activation and use of your Debit Card for Mobile Wallets
3.1. In order to use any Mobile Wallet provided by a Mobile Wallet Provider, you have to hold a valid Debit Card and possess a Mobile Device.
3.2. You will also require Internet connection, compatible telecommunications equipment and mobile phone service plan (if applicable) in order to register, store and use your Debit Card.
3.3. You are responsible for:
a) ensuring that the Mobile Device is eligible for the Mobile Wallet as specified by the relevant Mobile Wallet Provider;
b) registering your Debit Card for the Mobile Wallet in accordance with the directions and guidance given by the relevant Mobile Wallet Provider and/or the instructions set out in our App; and
c) entering into and performing the obligations under the contract or arrangement with the relevant Mobile Device supplier and Mobile Wallet Provider regarding the Mobile Device and the Mobile Wallet provided by them respectively. Any dispute or matter relating to the use of the Mobile Device or the Mobile Wallet should be resolved directly with the relevant Mobile Device Supplier or Mobile Wallet Provider.
3.4. If you pair or link any other device with a Mobile Device on which your Debit Card details and PIN are stored, that other device will be treated as your Mobile Device. The provisions of these Terms shall apply to that other device and you are responsible for any Mobile Payment Transaction effected with that other device. We may, however, limit the number of eligible Mobile Devices in which the same Debit Card can be stored from time to time and you should refer to our latest communications regarding such limit.
3.5. Your Debit Card may be used to effect Mobile Payment Transactions in the ways and following the procedures specified by the respective Mobile Wallet Providers from time to time, including but not limited to the following:
a) at a merchant's premises by holding the Mobile Device within a few centimetres of a card reader or terminal and entering the requested PIN;
b) to make an "in App" purchase on the Mobile Device with a merchant by selecting to pay by that method and entering the requested PIN; and
c) to make a purchase on the Mobile Device through any online channel and in such manner as specified by the respective Mobile Wallet Providers from time to time.
3.6. Your transaction limits for Mobile Payment Transactions are subject to the transaction limits set by you in the App and by the Bank. In other words, no additional or separate transaction limit is assigned to the Mobile Payment Transactions. We have the right to impose a limit on any daily and/or individual transaction amount(s) charged to your Debit Card through the Mobile Wallet. The limit will be such amount(s) as determined by us and notified to you from time to time.
3.7. You agree and acknowledge that the transaction history displayed in the Mobile Wallet in connection with use of your Debit Card in the Mobile Wallet solely represents our authorization of your Mobile Wallet transaction using that particular Mobile Device and does not reflect any post authorization activity, including but not limited to clearing, settlement, foreign currency exchange, reversals, returns or chargebacks. Accordingly, the purchase amount, currency, and other details for your Mobile Wallet transaction history in connection with use of your Debit Card in Mobile Wallet may not match the transaction amount that is ultimately cleared, settled, and posted to your Debit Card Statement. If there is any inconsistency between your Debit Card Statement and transaction history displayed in the Mobile Wallet, your Debit Card Statement shall prevail, and you will remain liable to us for the amounts set out on your statements.
3.8. For the avoidance of doubt, upon termination for any reason of your Debit Card that is stored in a Mobile Device, use of the Debit Card for any Mobile Wallet will be cancelled at the same time.
4. Security measures
4.1. You are responsible to take reasonable steps to keep each of the Mobile Devices safe and keep all Debit Card details stored in the Mobile Devices and all PIN secret to prevent fraud. Without prejudice and in addition to the provisions of the Account Terms regarding the security of your Debit Card or PIN (Clause 13 of the Account Terms), you shall also take the following precautions where reasonably practicable or accept the risks and consequences of the Mobile Devices being used by unauthorised persons or for unauthorised purposes:
a) designate PIN for effecting Mobile Payment Transactions and should not do the following (or any of them):
i. choose any personal identification number, password, passcode or other information that is easily accessible personal information or is easy to guess by any other person;
ii. disclose any PIN to any other person (including the staff of the Bank) or permit any other person (including the staff of the Bank) to use them; and
iii. allow any other person to designate his PIN for the Mobile Device or to use the Mobile Device in any other manner for effecting Mobile Payment Transactions;
b) safeguard against accidental or unauthorised disclosure of any PIN, and change the PIN periodically or where necessary;
c) safeguard the security of the Debit Card and Mobile Device and keep them under personal control, and notify the Bank of any loss or theft of the Debit Card or Mobile Device or any suspected unauthorised transaction or use of the Debit Card for any unauthorised purpose as soon as reasonably practicable;
d) not to proceed with a payment process on the Mobile Device unless it is under personal possession or control at the time;
e) when using Mobile Wallet, stay alert on any unusual objects/devices attached to the card reader or terminal, as these devices may be used to steal your card details;
f) use only reputable websites and merchants when making purchases (both online and card-present ones);
g) do not use a shared Mobile Device that cannot be trusted;
h) not to register or activate the Debit Card in any Mobile Device in which any authorised software, programme or application has been modified, overridden, by-passed or deactivated (such as, but without limitation, a "rooted" Mobile Device where root access to its software operating system has been obtained or "jailbroken" Mobile Device with the software lockdown being overridden) or which is installed with any pirated, hacked, fake or unauthorised software, programme or application;
i) check your transaction history and statement as soon as reasonably practicable after receiving it and notify the Bank of any suspected unauthorised transaction or use of the Debit Card for any unauthorised purpose; and
j) refer to the security advice provided by the Bank from time to time and observe in a timely manner the relevant security measures as specified by the Bank from time to time.
5. Unauthorized transactions
5.1. You agree that the access and use of your Debit Card on Mobile Wallet will be considered as authorized by you and you shall be responsible and liable for the same. You are fully responsible for any disclosure of your Debit Card details, PIN, or other security details relating to your Mobile Device, Mobile Wallet and Debit Card to any other person, even if such disclosure is accidental or unauthorised.
5.2. With reference to Clause 1.3(e) of Section 2C of Part 2 of the Account Terms, if your Debit Card details, PIN, or other security details relating to your Mobile Device, Mobile Wallet and Debit Card is lost or stolen and you have not acted fraudulently or with gross negligence, and you have complied with the procedures set out under Section 2C of Part 2 of the Account Terms, your liability prior to us receiving notification of your lost or stolen Debit Card details, PIN, or other security details relating to your Mobile Device, Mobile Wallet and Debit Card is limited to HKD500.
5.3. Notwithstanding Clause 5.2 above, you are required to bear all risks and consequences of your Mobile Wallet and Debit Card being used by unauthorised persons or for unauthorised purposes if you fail or cause unreasonable delay in taking the precautions set out in Clause 4 as this may amount to gross negligence on your part, making you liable for unauthorised transactions without limit.
6. Removing, replacing, renewing your card in a Mobile Wallet
6.1. You can remove your Debit Card from a Mobile Wallet by following the instructions in your Mobile Wallet, as provided by your Mobile Wallet Provider. Once you have removed your Debit Card from a Mobile Wallet, you will have to re-register your Debit Card if you wish to use it through a Mobile Wallet again.
6.2. If you remove your Debit Card from a Mobile Wallet, you may still continue to use your physical Debit Card and your virtual Debit Card for transactions, provided your Debit Card and Account is valid.
6.3. Where your Debit Card is replaced, or we issue a new Debit Card to you, the original Debit Card will be rendered inactive from a Mobile Wallet by us. Depending on the support of the Mobile Wallet Provider, we will update your new Debit Card details in the Mobile Wallet as soon as possible so you can use your new Debit Card through the Mobile Wallet again and you will not be required to register your new Debit Card through the Mobile Wallet on your Mobile Device. However, if the Mobile Wallet Provider does not offer such support to us, you will have to register the new Debit Card with the Mobile Wallet on your Mobile Device.
6.4. Your Debit Card may also be removed from a Mobile Wallet as required by the Mobile Wallet Provider. Please take a look at the contract or arrangement you have entered into with your Mobile Wallet Provider for details.
6.5. For security reasons, from time to time, you may be asked to re-register your Debit Card to a Mobile Wallet. If you do not do so upon such request, you will not be able to use your Debit Card for any purchase through a Mobile Wallet.
7. Fees and Charges
7.1. We currently do not impose a fee for using your Debit Card through Mobile Wallet but we reserve the right to impose a fee at our sole discretion in the future. All applicable interest, fees and charges that apply to your Debit Card pursuant to the relevant Account Terms will continue to apply after you have registered your Debit Card with any Mobile Wallet.
7.2. Your telecommunications carrier or provider may impose web-enablement, data usage or text messaging fees or other charges for your use of Mobile Wallet (“Charges”). You shall be solely responsible for such Charges.
8. Responsibility of the Bank
8.1. In relation to the registration, activation and use of your Debit Card for any Mobile Wallet, the Bank's sole responsibility is to supply the relevant Mobile Payment Service Provider or card association with the information to allow such registration, activation and use. You confirm that the Bank may supply such information to the relevant Mobile Wallet Provider or card association. Information includes, but is not limited to: cardholder name; Debit Card number; Debit Card expiry date; Debit Card validation code (CVC); and unique card number reference / token.
8.2. The Bank is not responsible for any of the following matters:
a) the quality or performance (or failure to perform) of any Mobile Device or Mobile Wallet provided by any Mobile Device supplier or Mobile Wallet Provider;
b) your inability to use any Mobile Device or Mobile Wallet provided by any Mobile Device supplier or Mobile Wallet Provider for any reason; and
c) refusal of any merchant to accept the Debit Card for effecting any Mobile Payment Transaction.
8.3. For the avoidance of doubt, the Bank is not responsible for any Mobile Device or any Mobile Wallet provided by a Mobile Device supplier or Mobile Wallet Provider.
8.4. We are not liable to refund you for any unauthorised transactions where you fail to take appropriate security measures including those provided in Clause 4.
9. Amendments
9.1. Before any significant change in these Terms which shall result in an increase in our fees or charges and/or affect your liabilities and obligations takes effect, we will give you at least 60 days’ notice unless such changes are not within our control. In other cases, we will give you reasonable notice.
9.2. You will be bound by any changes unless you delete your Debit Card and card details from all Mobile Devices before the effective date of the changes. If you do not accept any changes, you should delete your Debit Card and card details from all Mobile Devices before the effective date of the changes.
10. Governing law
10.1. The English version of these Terms prevails to the extent of any inconsistency between the English and the Chinese versions.
10.2. These Terms are governed by and will be construed in accordance with the laws of Hong Kong.
Effective Date: 15 June 2021