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Debit Card Cardholder Agreement


 

This Agreement governs the use by you of the Debit Card issued by Bank of China (Canada) and your personal identification number (PIN).

1. Definitions

  • BOCC" means Bank of China (Canada) and any of its branches, whichever holds your account, which will also be referred to as "Bank", "us", "we", or "our".
  • Account" means the bank account you opened and maintained with Bank of China (Canada), and is linked for access with your Debit Card for conducting banking transactions.
  • Card" means the Debit Card issued by the Bank at your request, with the Bank's name or logo on it that we permit you to use for conducting banking transactions. In this Agreement, any reference to "Card" shall include "Card number", unless otherwise specified.
  • Limit" means the daily approved withdrawal dollar limit for cash withdrawals at an ATM or debit transactions at any Point-of-Sales terminal.
  • Losses" means any and all damages, claims, fines, penalties, deficiencies, losses, liabilities (including settlements and judgments), costs and expenses (including interest, court costs, reasonable fees and expenses of lawyers, accountants and other experts and professionals or other reasonable fees and expenses of litigation or other proceedings or of any claim, default or assessment), including but not limited to indirect, incidental, special, punitive or consequential losses or damages, loss of profits, loss of revenue, loss of business opportunities, or any other foreseeable or unforeseeable loss resulting directly or indirectly out of this Agreement or the Services provided to you, even if the Bank was advised of the possibility of damages or was negligent.
  • PIN" means your personal identification number (whether provided to you by the Bank or selected by you), which is used, together with your Card
  • Services" means the provision of services to Cardholders by Bank of China (Canada) in relation to a Transaction.
  • Terminal" means any Card-activated machine, terminal or device at which the Transaction may be performed.
  • Transaction" includes
    • a. Transactions with respect to your Account, including deposits and withdrawals or payments (including, but not limited to direct payment/point of sale transactions); as well as Account information, and other transactions with respect to your Account that we may permit.
    • b. Such other Transactions, Services or information that we may make available.
  • You", "your" and "Cardholder" means the account holder(s) named in the account opening application.

The Card can be used in any access channels which we may enable you to use by means of your Card and PIN, including:

    • a. Automated banking machines which we approve for use;
    • b. Point-of-sale/debit card terminals at locations which permit you to use your Card to make direct payment transactions on your Account;
    • c. Any other channels which we may enable you to use by means of your Card and PIN

2. Applicability of this Agreement

The Cardholder shall apply for a Card by completing the application form. We have the sole discretion to accept or deny such application as may be submitted by you. This Agreement is in addition to other agreements or policies such as but not limited to the Account Opening Agreement, Customer Privacy Policy related to your account and may be amended by us from time to time.

Notwithstanding anything contained herein, all terms and conditions set by us regarding the Account will continue to be applicable to you. The terms and conditions of this Agreement will be in addition to and not subordinated to the terms and conditions relating to any of your Account(s).

3. Changes to this Agreement

We may change any of the terms of this Agreement at any time with or without prior notice unless advance notice is required by law. BOCC may tell you about those changes by sending you a notice (written or electronic), posting a notice in BOCC branches, displaying a notice on or near BOCC bank machines or by posting a notice on our website. We will send any written notice to the most recent address provided to BOCC

4. Use of Services

  • a. Your use of the Card shall be the conclusive evidence that you have received, understood and agree to be bound by the terms and conditions of this Agreement. You shall use the Card in accordance with our directions in this Agreement, or as otherwise communicated to you from time to time.
  • b. You authorize us to accept without any further verification, and you agree to be responsible for, all instructions for the Transactions, when accompanied by your Card and PIN.
  • c. Your Card will be subject to a daily dollar Limit for the cash withdrawal Transaction or debit Transaction at Point-of-Sale Terminals. This dollar Limit is set by us but could be changed if requested by you in person and is subject to our approval.
  • d. The use of your Card or PIN by you, or by any person with or without your knowledge or consent, in connection with a Transaction, binds you legally and makes you personally liable. This section is subject to any applicable limitation of your liability under the provisions in this Agreement, under the heading "Your Liability".
  • e. We may verify communications, or the source of the communications, before we accept them, but we are not obligated to do so.
  • f. Your use of the Card is subject to the following:
    •  Access will be provided to the Account that is linked to the Card in this Application form;
    •  Permitted Transactions will include those Transaction(s) that we may approve from time to time;
    •  You may use the Card at a device not operated by us, via other computer networks, as approved by us from time to time. The other network may charge your account a network and/or convenience fee for such Transaction. You are responsible for these charges; and, we have no liability whatsoever for these charges;
    • You will not use the Card for illegal, fraudulent or defamatory purposes;
    • You authorize us to accept and honour each permitted Transaction and we may charge a fee for the Services or such Transaction, according to the most current information box disclosed to you at the time of opening the Account or as advised by means of the communication channel of your preference or as posted at our retail branches as a notice to the public;
    • We may impose dollar Limits on the Transaction and may change these dollar Limits from time to time; and, we shall inform you of any of these changes in accordance with the terms of the Account Opening Agreement.

5. Foreign Currency Transactions

  • a. A Transaction in a foreign currency, if permitted, will be converted to the Canadian currency at an exchange rate determined by the related Card organization. We will convert it directly to Canadian dollars at the exchange rate in effect at the time we post the Transaction to your account. The conversion rate may not be the same as the rate that was in effect on the Transaction date.
  • b. If the Transaction is performed by China Union Pay ("CUP"), your linked Chinese Yuan ("CNY") account will be debited. If your CNY account has insufficient balance, funds will be automatically debited from your CAD account. The CUP exchange rate will be applied.

6. Confidentiality of PIN and Card Number

  • a. Each PIN is for your exclusive use. You must keep your PIN and Card number confidential. They must only be used in connection with Services that we permit.
  • b. Written records of your PIN are strongly discouraged for security reasons. If you really need to keep such records, you must keep them separate from your Card at all times.
  • c. When selecting your own PIN, you should avoid using number combinations that can easily be guessed such as your birth date, address, telephone number or other such information easily obtainable by third parties.
  • d. When inputting the PIN into bank machines or point-of-sale/debit card terminals, you must take reasonable precautions, such as ensuring that no one is watching you and using your body and/or hand as a shield, to conceal the PIN from others.
  • e. We encourage you to be cautious of web sites, online services, callers or other parties that pretend to be Bank of China (Canada) who ask for PIN information.

7. Your Responsibility for Lost or Stolen Card/Failure to Keep PIN Confidential

You must immediately notify us by telephone or in person upon learning of the loss, suspected loss, theft or misuse or unauthorized use of your Card, or PIN. You must also notify us immediately if you suspect your Card or PIN was disclosed to, obtained by, is known to anyone else or that an unauthorized use of the Card may be occurring or has occurred.

8. Your Liability

  • a. You are responsible for the full amount of all Transactions resulting from the use of your Card and/or the PIN by any person. Please take note that careless handling of your Card and/or PIN may result in serious financial loss to you.
  • b. You are not liable for any unauthorized use of the Card due to circumstances beyond your control. These situations are those that you could not have prevented and did not knowingly contribute to the unauthorized use. Such circumstances include errors, technical problems or system malfunctions.

However, you will be liable for the following circumstances:

    • You fail to notify us of any circumstance set in section "Your Responsibility for Lost or Stolen Card/Failure to Keep PIN Confidential".
    • You will be liable to all Transaction(s) incurred up to the time that you notify us (1) about the loss, theft, suspected loss or misuse of your Card; (2) the PIN was disclosed and/or obtained by anyone else or may be known by anyone else; (3) unauthorized use of the Card may be happening, as applicable.
    • You fail to keep your PIN confidential under the section "Confidentiality of PIN and Card Number".
    • You fail to cooperate with us in the investigation of any unauthorized use of your Card.
    • You knowingly contribute to its unauthorized use;
    • You willingly disclose the PIN;
    • You did not keep your PIN separated from your Card.

In those cases, your liability for each day will be limited to the dollar Limit as set for your Card.

9. Bank's Liability

You understand and agree that, in addition to those limitations of liability set out elsewhere in this Agreement, we will be liable to you only for direct damages resulting from our gross negligence, fraud or willful misconduct arising directly from the performance by us of our obligations under this Agreement and we will not be liable to you for any other damages. Gross negligence means conduct which is (a) a marked and flagrant departure from the conduct ordinarily expected of a reasonable and prudent person in our position, or (b) so wanton and reckless as to constitute an utter disregard for harmful, foreseeable and avoidable consequences.

SERVICES, EQUIPMENT, AND RELATED DOCUMENTATION ARE PROVIDED "AS IS". WE DO NOT MAKE ANY WARRANTIES REGARDING THE SAME, INCLUDING WITHOUT LIMITATION, WARRANTIES OR MERCHANTABILITY OPERATION, TIMELINESS, SECURITY ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE.

10. Indemnification

You shall indemnify the Bank against any claim, liability, or Losses asserted against or incurred by the Bank arising from or in connection with your use of the Services Transaction(s), including but not limited to any claim that use of a PIN is not a commercially reasonable means of providing security against unauthorized transactions and any liability or loss incurred by the Bank.

11. Charges for Services

We may charge fees for Services and Transactions, according to our Bank's information box. You authorize us to debit your Account for these fees. Up-to-date information on fees and charges is available at all our branches.

12. Return of Card and Non-Transferability of Card

  • a. The Card is the property of Bank of China (Canada) and it is non-transferable.
  • b. You must return it to us immediately upon our request or when you close your Account.

13. Records and Dispute Resolution

  • a. Our records will be conclusive evidence of your communications and Transactions. We may tape and record your communications with us.
  • b. Any Transaction record you receive, or any Transaction confirmation number supplied, is meant only to help you with your record keeping. We will be pleased to review our records if you disagree with their accuracy.

14. Governing Laws

Any disputes arising from or related to this Agreement, shall be governed by the laws of the Province where your Home Branch is located (without reference to the conflict of law rules thereof), as well as applicable federal laws, rules and regulations. All actions, suits or proceedings in connection with the transactions contemplated by this Agreement shall be brought to a court of competent jurisdiction in the Province where your Home Branch is located. Each party hereby irrevocably submits to the jurisdiction of such a court without, however, waiving any immunity, right of removal, or other right each party may have.

Quebec Only: You confirm that you prefer this Agreement and any related documents be in English.

Vous confirmez préférer que cette convention et les documents s'y rattachant soient rédigés en anglais.

15. Privacy Policy

You acknowledge having received, read and understood our Customer Privacy Policy. By using the Card and the PIN in a Transaction, you agree to be bound by the terms and conditions of the Privacy Policy.

16. Notice

  • a. Bank of China (Canada) may provide any notice or communication required or to be given under this Agreement by post, telephone, email, fax, web site posting or any other physical or electronic means, or by press release, advertisement or other media notices.
  • b. Unless specified otherwise in this Agreement, if notice is provide by post, the intended recipient will deem to have received the notice on the date that is five working days after the notice is mailed. In all other cases, the intended recipient will deem to have received the notice on the date the notice was sent.

17. Assignment

You agree that this Agreement is binding on you and your respective successors. You agree that you may not assign this Agreement.

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