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Chapter 1 General Provisions |
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The RMB magnetic debit card issued by Hang Seng Bank (China) Limited ("Hang Seng Bank (China)") is a personal banking debit card ("Hang Seng Card").
The Hang Seng Card is the property of Hang Seng Bank (China). A person becomes a Cardholder by being issued a Hang Seng Card in accordance with these Terms and Conditions. The business establishment with which an application for issuance of a Hang Seng Card is filed and by which the Hang Seng Card is issued is an Issuing Bank. A branch/sub-branch referred to in these Terms and Conditions means the branch or sub-branch of Hang Seng Bank (China) in mainland China. Any reference to Hang Seng Bank (China) in these Term and Conditions shall be construed to include the Issuing Bank, but a reference to the Issuing Bank shall be construed only as the Issuing Bank. The Terms and Conditions shall be construed to include any amendment or modification thereto or thereof from time to time.
The Hang Seng Card is a personal RMB debit card and can be used in accordance with the Terms and Conditions for the purposes of cash withdrawals, transfers and settlements, purchases payment and account inquiries, etc.. The Cardholder, with a personal identification number (PIN), may use it at any ATM of Hang Seng Bank (China), within the ATM network and contracted merchant network of China UnionPay Co., Ltd ("China UnionPay").
These Terms and Conditions shall apply to the application, use, loss report, fees and charges, cancellation and any matters in respect of the Hang Seng Card. Each of Hang Seng Bank (China), the Issuing Bank, the Cardholders, the contracted merchants and relevant persons must acknowledge and comply with these Terms and Conditions.
All risks and losses arising in respect of the Cardholder as a result of such Cardholder's violation of these Terms and Conditions shall be borne solely by such Cardholder.
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Chapter 2 Application |
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Any individual who has opened a RMB Deposit Account with any mainland China business establishment of Hang Seng Bank (China) and has full capacity for civil conducts and acknowledges and complies with these Terms and Conditions may apply to any mainland China business establishment of Hang Seng Bank (China) for the issuance of a Hang Seng Card without being required to provide any security or pay any application fee.
An applicant for a Hang Seng Card shall fill out the application form in accordance with the relevant instructions and shall ensure the authenticity and truthfulness of all personal information provided in the application form. Subject to examination by the Issuing Bank, an applicant who fulfills all conditions of Hang Seng Card issuance will be issued a Hang Seng Card.
The Cardholder must collect the Hang Seng Card PIN in person with a valid personal identification at the designated branch/sub-branch. If the Cardholder wants to collect the Hang Seng Card PIN in alternative manner, consent should be obtained from the Issuing Bank and all risks involved should be undertaken by the Cardholder.
The Hang Seng Card is linked with one primary account, and up to two additional accounts, which must be denominated in RMB, may be linked to the Hang Seng Card upon request of the Cardholder (together with the primary account, the "Hang Seng Card Account"). No minimum amount or maximum amount of deposit is required for a Hang Seng Card, and deposits can be made subsequently. The Cardholder shall ensure that all funds deposited or transferred to the Hang Seng Card Account are in the nature of salaries, personal lawful incomes or other amounts from lawful sources. The Cardholder shall not use the Hang Seng Card for any purpose in violation of laws and regulations or to the detriment of the rights and interests of a third party.
No annual fee for the Hang Seng Card is required of a Hang Seng Bank (China) Prestige Banking customer. An annual fee of RMB10 for the Hang Seng Card shall be charged to a non-Prestige Banking customer despite of everything. The annual fee for the first year will be automatically deducted from the primary account of the Cardholder's Hang Seng Card by the Issuing Bank and the annual fees for the subsequent years will be collected in the same manner by the Issuing Bank on the anniversary dates of the date when the first-year annual fee was deducted (as recorded in the corresponding statement provided by the Issuing Bank). The Cardholder must ensure sufficient balance in the primary account of the Hang Seng Card for the payment of annual fees, which obligation shall not be exempted by reason of any balance in any additional account of the Hang Seng Card. The collected annual fee shall not be refundable irrespective of early cancellation of the Hang Seng Card either by the Cardholder or by Hang Seng Bank (China) or the operation pause or malfunction of the Hang Seng Card or under any other circumstances.
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Chapter 3 Use |
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Subject to the circumstances of a specific transaction and the function or restrictions imposed in the primary account or additional accounts linked with the Hang Seng Card, the Cardholder may use Hang Seng Bank (China) ATMs to withdraw cash, check account balance, make transfers, apply for monthly statements and change the PIN or may (only available for the primary account) withdraw cash and check account balance on an ATM within the China UnionPay network and make purchase payments at POS terminals of China UnionPay contracted merchants network. The Cardholders must abide by the relevant regulations of Hang Seng Bank (China), Issuing Bank, China UnionPay and the acquiring banks when purchasing, withdrawing and transferring any funds whether domestically or overseas. When the Cardholder withdraws cash or makes purchase via China UnionPay network overseas (including Hong Kongļ¼ Macau and Taiwan), the withdrawal or payment amount will be automatically deducted from the primary account of the Hang Seng Card at the conversion rate of the applicable one set by the China UnionPay system and all currency exchange rate risks will be undertaken by the Cardholder.
Through the Phone Banking Service or the E-banking Service provided by Hang Seng Bank (China), the Cardholder may inquire about the account balance and the transaction history, and may conduct other banking transactions using the card number of the Hang Seng Card and the Phone Banking PIN or E-banking PIN. The above services and transactions will be subject to the relevant provisions of the terms and conditions in respect of the Phone Banking Service and the E-banking Service issued by Hang Seng Bank (China) from time to time.
Sufficient funds must be available in the Hang Seng Card Account before any withdrawal is made and no overdraft is available for Hang Seng Card; Hang Seng Bank (China) will not offer credit facilities to the Cardholder at all events. The Cardholder must ensure sufficient balance in the primary account and the additional accounts of the Hang Seng Card for the payment of transactions.
The Hang Seng Card is not transferable and shall only be used exclusively by the Cardholder and may not be used by the third party as the Cardholder's agent and may not be leased or lent to any other person, otherwise all risks losses and liabilities should be borne up by the Cardholder alone.
The Cardholder's use of the Hang Seng Card shall conform to the transaction amount limit and other conditions specified by Hang Seng Bank (China). The daily cumulative maximum amount that may be withdrawn by the Cardholder on an ATM shall be subject to the daily withdrawal maximum quota.
Contracted merchants shall not refuse to accept a valid Hang Seng Card and shall not subject the Cardholder to any additional charges by reason of the use of the Hang Seng Card. Contracted merchants must use POS terminals to process a Hang Seng Card transaction and must require PIN authentication and shall not use imprinting or signatures as a substitution. In case the request of a contracted merchant is in violation of the aforesaid, the Cardholder shall reject such request, and any losses resulting from the Cardholder's failure to so reject shall be borne solely by the Cardholder.
In case a Hang Seng Card is captured by an ATM, the Cardholder shall contact the Issuing Bank within three business days after the capture and shall present a valid personal identification to the designated branch/sub-branch to retrieve the card. If the Cardholder does not appear and collect the Card the Issuing Bank is entitled to deem as a cancellation of the card.
Hang Seng Bank (China) has the right to suspend all or any of the functions of the Hang Seng Card.
Unless cancelled, a Hang Seng Card is subject to no expiry date. If the Hang Seng Card is rendered unusable by any damage, deformation or loss of magnetic record etc., the Cardholder shall present a valid personal identification to the Issuing Bank for a replacement card to be issued. Once a Hang Seng Card has been cancelled, the Cardholder must apply again if he/she intends to use a Hang Seng Card.
Hang Seng Bank (China) may from time to time increase or adjust the functions and methods of usage of the Hang Seng Card. Public announcements or personal notices to Cardholders will be posted or served in accordance with Article 33 of these Terms and Conditions in the case of such increase or adjustment. In the absence of any cancellation of the Hang Seng Card requested by the Cardholder after the public announcement or personal notice has been made, such Cardholder shall be deemed to have acknowledged and accepted such adjustment of the functions of the Hang Seng Card by Hang Seng Bank (China).
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Chapter 4 Rights and Obligations |
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Rights and obligations of the Cardholder
| I. |
The Cardholder using a valid Hang Seng Card may make cash withdrawals, transfers and settlements, purchase payments and account inquiries etc. in accordance with these Terms and Conditions. If a Hang Seng Card is rejected for any transaction, the Cardholder may file a complaint with the Issuing Bank in connection therewith. |
| II. |
The Cardholder is entitled to inquire with the Issuing Bank in case of any doubt on any transaction record according to these Terms and Conditions. |
| III. |
Provided that other provisions of these Terms and Conditions are satisfied, the use of the Hang Seng Card must be authenticated with a PIN and with a PIN only. Unless reasonable and contrary evidence can be produced by the Cardholder and can be accepted by Hang Seng Bank (China), Hang Seng Bank (China) is entitled to deem all transactions by means of a Hang Seng Card after PIN authentication to be conducted by the Cardholder himself/herself, and the Cardholder shall take full responsibility for such transactions. All electronic information records produced in the process of a transaction authenticated with a PIN shall constitute valid proof of the Cardholder conducting such transactions. Only PIN authentication is required for the use of a Hang Seng Card, and therefore the Cardholder is strongly urged to keep the PIN strictly confidential and not to disclose it to anyone. At no time and under no circumstances shall the Cardholder disclose transfer lend or give to any other person the Hang Seng Card and/or the PIN, and any losses incurred as result of the loss or theft of the Hang Seng Card and/or the PIN, lack of due care in safekeeping of the Hang Seng Card and/or PIN or careless leaking of the PIN by the Cardholder shall be borne solely by such Cardholder. |
| IV. |
In case of any change to any personal information disclosed by the Cardholder to the Issuing Bank at the time of the application for the issuance of the Hang Seng Card, the Cardholder shall submit application to the Issuing Bank for change of information in writing based on such factual changes in a timely manner, otherwise all liabilities in connection with such changes of information shall be borne solely by the Cardholder. |
| V. |
The Cardholder shall abide by the terms and conditions applicable to any of the primary account or additional account of the Hang Seng Card in the use of Hang Seng Card. |
| VI. |
Hang Seng Bank (China) shall not be liable for the refusal of any merchant establishment to accept or honor the Hang Seng Card for goods and/or services supplied to the Cardholder nor shall Hang Seng Bank (China) be responsible in any way for the goods and/or services supplied to the Cardholder. No dispute between the Cardholder and a contracted merchant shall constitute a reason for not paying any amount owed by the Cardholder to Hang Seng Bank (China). Any losses incurred by the Cardholder due to the failure of any transaction as a result of any Force Majeure any power failure or failure in system or communication network or any reasons out of the control of Hang Seng Bank (China) and any risks and losses incurred by the Cardholder when using the Hang Seng Card on the internet will be undertaken by the Cardholder himself/herself and Hang Seng Bank (China) bears no liabilities in these connections. |
| VII. |
Hang Seng Bank (China) may appoint third party to forfeit or collect the Hang Seng Card or any amounts owed by the Cardholder and the Cardholder shall be responsible for all costs and expenses which may be incurred by Hang Seng Bank (China) for the above purpose. |
Rights and obligations of Hang Seng Bank (China)
| I. |
Hang Seng Bank (China) shall operate Hang Seng Card business in compliance with applicable laws and rules and shall provide the banking debit card service in accordance with these Terms and Conditions. |
| II. |
Upon reasonable request by the Cardholder Hang Seng Bank (China) will handle inquiries from the Cardholder on Hang Seng Card Account balance or transaction particulars or requests for the printing of statements. |
| III. |
In the case of any violation by the Cardholder of any provision of these Terms and Conditions or any failure of annual fee deduction as a result of insufficiency in the balance of the primary account of the Hang Seng Card, Hang Seng Bank (China) shall be entitled to temporarily suspend all or any functions of the Hang Seng Card and to authorize a relevant institution to forfeit and cancel the Hang Seng Card. For the avoidance of doubt, if Hang Seng Bank (China) fails to forfeit the Hang Seng Card for cancellation, the obligation of annual fee payment remains with the Cardholder. Hang Seng Bank (China) has the right to set-off or apply any monies standing to the other account opened by the Cardholder with Hang Seng Bank (China) of whatsoever description (including but not limited to current, savings, fixed or call deposit account) with any sums due to the Hang Seng Bank (China) by the Cardholder. |
| IV. |
Hang Seng Bank (China) shall have the right to apply for legal protection and to claim for the financial and legal liabilities of the relevant party in the following cases: false report of loss, falsification of Hang Seng Card, use of falsified or invalidated Hang Seng Card and use of Hang Seng Card under falsified identity. |
| V. |
The Hang Seng Card is the property of Hang Seng Bank (China) and, to the maximum extent allowed by applicable law, Hang Seng Bank (China) reserves the right to forfeit the Hang Seng Card or not to issue a Hang Seng Card to a client and the Hang Seng Card is at all times subject to Hang Seng Bank (China)'s cancellation and/or withdrawal at any time without giving the Cardholder any notice and/or reason therefore. The Cardholder shall surrender the Hang Seng Card to Hang Seng Bank (China) immediately upon the latter's demand. In order to ensure the safety of funds in the accounts of the Cardholder, Hang Seng Bank (China) shall have the right (but not the obligation) to temporarily suspend payments in relation to the Hang Seng Card Account where it discovers (such discovery being not an obligation of Hang Seng Bank (China)) any risk of use of the Hang Seng Card under a falsified identity. If the Cardholder acts in contravention of these Terms and Conditions or in violation of any law or rule, Hang Seng Bank (China) shall have the right to temporarily suspend the Cardholder's right to use the Hang Seng Card and to authorize the relevant institution to forfeit the card. |
| VI. |
Hang Seng Bank (China) shall have the right to assist judicial or other authorities to inquire on, freeze or make deductions from the Hang Seng Card Account of the Cardholder in accordance with the laws. |
| VII. |
Each month the Issuing Bank shall timely mail the relevant statement to the address registered by the Cardholder in advance. However if there are no new deals occurring since the last statement date, no statement will be served. And if the Cardholder has any objections to the statement message, the Cardholder shall raise the enquiry or correction request before the objection deadline as specified in the statement, otherwise the Cardholder will be deemed to have accepted and agreed with all transactions. |
| VIII. |
In the case of any disruption in use of the Hang Seng Card as a result of any Force Majeure any power failure or failure in system or communication network or any reasons out of the control of Hang Seng Bank (China), Hang Seng Bank (China), depending on the situation, will provide necessary assistance to the Cardholder but shall not be held responsible for such disruption. In respect of any incorrect book entry as a result of the aforesaid reasons, proper accounting treatments will be given by Hang Seng Bank (China) to protect the rights and interests of the Cardholder and Hang Seng Bank (China). |
| IX. |
Under any circumstances the liabilities (if any) of Hang Seng Bank (China) shall be limited to twice the amount of the relevant transaction. |
| X. |
Hang Seng Bank (China) shall have the right to disclose in confidence to the other bank or other institution such information concerning any of the primary account or additional account as may be necessary or required in connection with the processing the transactions from or to any of the primary account or additional account by the use of the Hang Seng Card. Transaction record by use of the Hang Seng Card is deemed as part of account information associated with the primary account and/or additional account. The provisions on use and disclosure of personal data and account transaction record as set out in the terms and conditions applicable to the primary account and/or additional account shall also apply to the Cardholder the Hang Seng Card and the transaction record by use of the Hang Seng Card. |
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Chapter 5 Filing of Loss Report and Forgotten PIN |
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The Cardholder in the case of loss of the Hang Seng Card must immediately present a valid personal identification to the Issuing Bank for filing of a written loss report and must pay a loss report handling fee of RMB 10. Under exceptional circumstances, the Cardholder may file a loss report through the Phone Banking Service, provided that a written application for loss report must be filed within 5 calendar days from (and include) the date on which the loss report made through the Phone Banking Service becomes effective, otherwise the loss report made through the Phone Banking Service shall become ineffective starting on the 6th calendar day. After the written loss report has become effective or during the effective period of the loss report made through the Phone Banking Service Hang Seng Bank (China) will temporarily suspend all payments, inquiries and POS purchase functions of the Hang Seng Card. A replacement card will not be issued until the 7th calendar day from (and include) the date on which the written loss report becomes effective.
All losses arising before the written loss report or the loss report made through the Phone Banking Service becomes effective or after the loss report made through the Phone Banking Service becomes ineffective shall be borne solely by the Cardholder and Hang Seng Bank (China) shall not be liable for any such losses.
If the Cardholder forgets the PIN of the Hang Seng Card, the Cardholder shall apply for PIN resetting at the Issuing Bank in person with the valid personal identification. The Issuing Bank will process such request after relevant charges have been paid.
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Chapter 6 Accrued Interest |
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The interest on deposit in the Hang Seng Card Account shall accrue and shall be paid in accordance with the interest rate and interest calculation methods as announced by Hang Seng Bank (China) from time to time to be applicable to current deposits. Interest income tax will be withheld by the Issuing Bank in accordance with the laws.
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Chapter 7 Charges |
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Standards of fees and charges payable in connection with Hang Seng Card related transactions will be publicized by Hang Seng Bank (China) from time to time.
Hang Seng Bank (China) may adjust from time to time the standards of fees and charges in respect of Hang Seng Card. Public announcements or personal notices will be made or served in accordance with Article 33 of these Terms and Conditions in relation to such adjustments. In the absence of any cancellation of the Hang Seng Card requested by the Cardholder after such announcements or notices has been made, the Cardholder shall be deemed to have acknowledged and accepted such adjustments to standards of fees and charges.
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Chapter 8 Cancellation |
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The Cardholder who wants to cancel the Hang Seng Card shall file a written application to the Issuing Bank and shall present a valid personal identification. All balances and fees must be settled and the Hang Seng Card must be returned to the Issuing Bank.
An application to cancel the primary account of the Hang Seng Card must be accompanied by an application to cancel the Hang Seng Card.
Upon the acceptance by the Issuing Bank of an application for the cancellation of the Hang Seng Card, the Issuing Banking shall have the right to terminate all functions of the Hang Seng Card.
Hang Seng Bank (China) shall have the right to cancel the Hang Seng Card in accordance with sub-article III, Article 22 of these Terms and Conditions. In case the Hang Seng Card is so cancelled by Hang Seng Bank (China), the Cardholder shall not be exempted from payment obligations in respect of any amount cumulated and due to Hang Seng Bank (China).
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Chapter 9 Amendment |
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In the case of any amendment to these Terms and Conditions, public announcements at Hang Seng Bank (China)'s mainland business establishments or on its website (www.hangseng.com.cn) or personal notices to Cardholders will be made to that effect. In the absence of any cancellation of the Hang Seng Card requested by the Cardholder after such public announcements' announce periods have expired or the objection periods contained in such personal notices have passed, the Cardholder shall be deemed to have acknowledged and accepted such amendments to these Terms and Conditions.
The most up-to-date effective version of Terms & Conditions for Debit Card of Hang Seng Bank (China) Limited shall be deemed as continuously applicable between Hang Seng Bank (China) and the Cardholder.
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Chapter 10 Miscellaneous |
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Relevant regulations of the People's Bank of China and China Banking Regulatory Commission shall apply to matters not addressed herein. Any dispute between the Issuing Bank and the Cardholder shall be resolved in accordance with these Terms and Conditions and relevant PRC laws and regulations.
The right to enact, amend and interpret these Terms and Conditions belongs to Hang Seng Bank (China).
These Terms and Conditions are made in Chinese and English versions and both have the same legal effects provided that in case of any inconsistency, the Chinese version shall prevail.
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