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Bank of China Limited Macau Branch Terms and Conditions for Use of Bank Card Apple Pay Service

(Effective 13 August 2020)

These terms and conditions are applicable for Bank Card Apple Pay Service provided by Bank of China Limited Macau Branch and are supplemental and deemed to be incorporated into the User Agreement and Conditions for Services.

Please read these terms and conditions carefully. By using the Bank Card Apple Pay Service, the Cardholder agrees to be bound by these terms and conditions. As these terms and conditions may be amended from time to time at the discretion of the Bank according to Clause 38 below and be posted through Apple Pay Service, the Cardholder should read these terms and conditions carefully whenever using Bank Card Apple Pay Service. The Cardholder shall be deemed to have agreed to the revised terms and conditions if he/she continues to use Bank Card Apple Pay Service following any changes to these terms and conditions.

Definitions

1. Terms and expressions defined in the User Agreement and Conditions for Services shall have the same respective meanings when used in these terms and conditions unless otherwise defined in these terms and conditions. In the event of any inconsistency between these terms and conditions and the User Agreement and Conditions for Services in respect of the use of Bank Card Apple Pay Service, these terms and conditions shall prevail to the extent of inconsistency.

2. In these terms and conditions, unless the context otherwise requires:

Apple Device” means a designated and eligible electronic device, with or without a Mobile Card stored, prescribed by Apple to support the use of Apple Pay Service, and the type or model of such electronic device is subject to change or cancellation by Apple from time to time without prior notice;

Mobile Payment” means the processing of initiate and complete fund payments through mobile devices, which can be divided into near-field payment and distal payment based on payment transaction initiation method;

Near-field Payment” means support of near communication (hereinafter referred to as “non-contact”) responsible terminals (including POS, etc.), using mobile devices to initiate the contactless process at the transaction site to send a connection or disconnect by non-connecting for processing of transfer of transaction funds;

Remote Payment” means the use of a mobile device to communicate directly with the back office through a wireless communication network interaction with the server to complete the transfer of funds;

Bank Card” means any Credit card(s) and Debit card(s) issued by the Bank referred to in the User Agreement and Conditions for Services in whatever form, and the terms. Cardholder, Statement, Account and Transactions shall be construed accordingly;

The Bank” means Bank of China Limited Macau Branch;

Mobile Card” means a digital representation form of the Card stored or to be stored in an Mobile Device for effecting transactions at applicable electronic terminals but no physical card will be issued in respect of Mobile Card; and

Apple Pay Service” means the service of electronic payment exclusively offered by Apple using eligible Apple Device.

Bank Card Apple Pay Service” means the Cardholder applies to bind his/her bank card to Apple Pay through Apple Device to use Apple Pay Service.

Effect of these terms and conditions

3. The provisions of these terms and conditions set out the respective rights and obligations of the Cardholder and the Bank specifically in connection with the use of Bank Card Apple Pay Service. These terms and conditions supplement shall be deemed to be incorporated into the User Agreement and the Conditions for Services together they govern the provision and use of Mobile Card for Apple Pay Service. It follows that:

(a) The activities and transactions contemplated in these terms and conditions fall within the scope of and are subject to the applicable User Agreement and Conditions for Services;

(b) If there is any inconsistency between the provisions of these terms and conditions and the provisions of the User Agreement and Conditions for Services in respect of the use of Bank Card Apple Pay Service, the provisions of these terms and conditions shall prevail to the extent of the inconsistency.

Use of Bank Card Apple Pay Service

4. The Cardholder can apply to bind his/her bank card to Apple Pay through Apple Device to use Apple Pay Service. Once the application is approved by the Bank, Apple Device will generate and active Mobile Card to bind to the Bank Card. Upon activation of Mobile Card in the Mobile Device, the Cardholder is able to use Bank Card Apple Pay Service.

5. The registration and use of Bank Card Apple Pay Service is subject to the terms and conditions, rules and regulations, service guides or similar documents and materials from time to time specified by Bank and other service provider(s) relevant for the provision of Apple Pay Service.

6. The Bank does not own, operate or control Apple Pay Service (or any part thereof) and is not responsible for any service (including Apple Pay Service) provided to Cardholder by Mobile Devices Limited or any third party engaged, appointed or nominated by Mobile Devices Limited. The Bank is not responsible for any service (including Apple Pay Service) and information provided to Cardholder by Apple or any third party engaged, appointed or nominated by Apple.

7. The Cardholder agrees and irrevocably authorizes the Bank to collect the Bank Card information and send to Apple, including but not limited to card number, expired date, CVV, mobile number and Cardholder name.

8. The Cardholder authorizes the Bank to debit the transactions directly from the Card when the Bank receives the transaction order made by The Cardholder in Apple Pay. All transactions effected through Apple Pay Service by use of Bank Card shall be shown in the Statement or Transactions.

9. Bank Card Apple Pay Service will only be made available to a Cardholder that satisfies all the following conditions:

(a) Whose Card is determined at the Bank’s sole discretion to remain valid and in good standing;

(b) Whose Card is accepted by the Bank at its discretion for registration with and use of Apple Pay Service;

(c) Who holds a Mobile Device;

(d) Who has successfully requested the generating of and activated Mobile Card in the Mobile Device.

10. The Cardholder shall follow the guidance and instructions provided by Apple and the Bank to apply the use of Bank Card Apple Pay Service. The Cardholder shall immediately activate Mobile Card for use of Apple Pay Service by means prescribed by the Bank and/or Apple from time to time, including but not limited to entering the verification code received from the Bank.

11. Notwithstanding any other provisions of these terms and conditions to the contrary, Apple shall have the absolute sole discretion to determine the provision of Apple Pay Service to any Mobile Device. The Bank shall have no obligation (in whatsoever nature) to provide or continue to provide Bank Card Apple Pay Service to any person. The Bank shall have the right to specify or vary from time to time the provision or use of Bank Card Apple Pay Service, including (but not limited to) the following:

(a) The type(s) and number(s) of Card for Bank Card Apple Pay Service;

(b) Any transaction limit or currency of Bank Card Apple Pay Service;

(c) Any restriction, condition or specification on the availability for Bank Card Apple Pay Service; and

(d) The type(s) of mobile device applicable for Bank Card Apple Pay Service.

12. The Cardholder shall act in good faith at all time in relation to all dealings with the Bank.

13. The Cardholder agrees that he/she shall not use Bank Card Apple Pay Service for any illegal purchase and/or purposes.

14. The Cardholder shall be solely responsible for all fees, charges, costs and expenses in relation to Bank Card Apple Pay Service, data connection and other ancillary services.

15. The Cardholder may contact the Bank for activation, suspension, deletion or termination of Use of Mobile Card for Bank Card Apple Pay Service. The Cardholder may contact Apple for use of Apple Pay Service or other related customer services.

16. Apple Pay Service enables Cardholder to select a Mobile Card in the Mobile Device to make contactless payment (a) at merchants contactless enabled point-of-sales terminals or reader that accept contactless payment using Bank Card Apple Pay Service; and (b) in-app or other digital commerce payments at merchants participating in Bank Card Apple Pay Service.

Duty to take security precautions

17. The Cardholder shall take reasonable care of the Mobile Device (including access to the Mobile Device) and the password of Bank Card Apple Pay Service, and keep Mobile Card and Mobile Device safely under his/her personal control without anyone else using. Without prejudice and in addition to the provisions of the User Agreement and Conditions for Services regarding the security of a Card or PIN, the Cardholder shall also take the following security precautions where reasonably practicable:

(a) Activate and the use of Apple Pay Service in accordance with Clause 10;

(b) Never request the generating of and activate Mobile Card and/or the use Bank Card Apple Pay Service with an Mobile Device with any pirated, hacked, fake and/or unauthorized applications or in which the software lockdown has been overridden or root access to its software operating system has been obtained (such as, but not limited to a jail broken or a rooted Mobile Device);

(c) Never use the Bank Card Apple Pay Service in other person’s Mobile Device with his/her bank card;

(d) Delete all Mobile Cards for use of Apple Pay Service before sale or disposal of the Mobile Device or passing the Mobile Device to any other person;

(e) Never use any easily accessible personal information or any personal identification number or user code or password or other person’s biometrics for accessing, switching on or activating the Mobile Device and/or Apple Pay Service;

(f) Never disclose the access to the Mobile Device to any other person;

(g) Never write down, store or record the access to the Mobile Device without disguising them or on anything usually kept with or near it;

(h) Safeguard against accidental or unauthorized disclosure of the access to the Mobile Device, and change the access to the Mobile Device regularly or where necessary;

(i) Keep customer copy of the sales slips (if available) of Apple Pay Service transactions and check the Statement or Transactions as soon as reasonably practicable. Prompt notification to the Bank is required for any unauthorized transactions and/or objection to the Statement or Transactions in accordance with the provisions of the applicable User Agreement and Conditions for Services;

(j) Notify the Bank of any loss or theft of the Card and/or the Mobile Device with Mobile Card as soon as reasonably practicable;

(k) Notify the Bank of any suspected unauthorized transaction or use of Mobile Card and/or Apple Pay Service for any unauthorized purpose as soon as reasonably practicable via the designated service hotline.

Failure to take any security precautions in relation to Mobile Card, Mobile Device, accessing to Mobile Device as may be recommended by the Bank and/or Apple from time to time shall be at the sole and absolute risk of the Cardholder. The Bank shall, under no circumstances, be held liable for any loss or damages suffered or incurred by the Cardholder arising or resulting therefrom.

18. Upon the occurrence of any of the following events, the Cardholder shall report as soon as reasonably practicable to the Bank by phone to the 24- hour hotline number (853) 888 95566 of the Bank and thereafter confirm the same in writing within 24 hours or such other period as the Bank may prescribe from time to time:

(a) Loss and/or theft of Bank Card;

(b) Unauthorized or any suspected unauthorized use of Mobile Card and/or Apple Pay Service; and/or

(c) Suspicion of any counterfeit or fraud transactions using Mobile Card for Apple Pay Service.

19. Without prejudice to the obligations under Clauses 17 and 18, the Cardholder shall report the relevant event to the police and shall submit to the Bank satisfactory documentary evidence of such police report as soon as reasonably practicable.

Cardholder’s liability

20. The Cardholder is solely responsible for ensuring that the Mobile Device and other equipment are compatible with and capable of supporting the request for the generating, activation and to use Bank Card Apple Pay Service.

21. Provided that the Cardholder has acted in good faith, with due care and in a timely manner (including taking the precautions under Clause 17 and complying the duties under Clauses 18 to 19), the Cardholder shall not be responsible for the loss and damage incurred from the following conditions:

(a) For any unauthorized transactions made after the Cardholder has duly notified the Bank of the loss, theft and/or unauthorized use of the Mobile Device, Mobile Card and/or Apple Pay Service;

(b) When transactions are made through the use of counterfeit cards or fraud cases by other people.

22. Notwithstanding anything contained herein to the contrary, the Cardholder shall be fully liable for all losses and damages arising out of or in connection with the loss, theft and/or unauthorized use of the Mobile Device, Mobile Card and/or Apple Pay Service if the Cardholder has acted fraudulently or with gross negligence or has failed to comply with Clauses 17 to 19 or take reasonable precautions to prevent such loss, theft and/or unauthorized use of the Mobile Device, Mobile Card and/or Apple Pay Service, or if the unauthorized use of Mobile Card and/or Apple Pay Service involve(s) access to the Mobile Device with or without the Cardholder’s knowledge, the Cardholder agrees to indemnify and keep the Bank fully indemnified against all losses, damages, liabilities and all reasonable costs and expenses reasonably incurred as a result thereof.

23. The Cardholder accepts full responsibility for non-observance or violation of any provision of these terms and conditions and undertakes and agrees to fully indemnify the Bank towards any loss, damage, claim, interest, conversion, any other financial charge that the Company may incur and/or suffer as a result of any such non-observance or violation on the part of the Cardholder.

Limitation of liability

24. The Bank shall not be liable for any loss or damage suffered by the Customer or any as a result of :

(a) the cancellation of the provision of Apple Pay Service or any instruction thereof; and/or

(b) under the circumstance of beyond the Bank’s control, any cancellation or suspension or execution problem incurred directly or indirectly to the instructions done via Apple Pay Service; and/or

(c) any mechanical, electronic or other failure, malfunction, interruption, inaccuracy or inadequacy of the Bank's telecommunication or computer system or other equipment or its installation or erroneous transmission of any Instruction or any error in the execution of any Instruction (except gross negligence or intentional misconduct of the Bank's authorized officers) nor for any delay, loss (including loss of profit or any economic loss), expenses or damages whatsoever incurred or suffered by the Customer as a result thereof.

(d) any delay, interruption or suspension howsoever caused by any third party (ies) (including but not limited to service providers or equipment suppliers), which interferes with, affects or disrupts the performance of the Bank hereunder.

Fees and charges

25. All fees, charges and interest payable by the Cardholder under these terms and conditions are more particularly set out in and shall be paid according to the Fees Schedule as the Bank may issue and revise from time to time. The Bank reserves the right to charge a fee which may be debited to the Account in respect of Bank Card Apple Pay Service in such amount(s) as specified by the Bank from time to time.

Deleting Mobile Card

26. In case of malfunction of Mobile Card, the Cardholder shall immediately delete the relevant Mobile Card(s) for use of Apple Pay Service from the Mobile Device.

Limitation on liabilities

27. Under no circumstances shall the Company be responsible for any direct loss and liability which the Cardholder may suffer or incur as a result of or otherwise relating to any use, misuse or malfunction of the Bank Card or other devices provided by the Bank and other related services offered by the Bank, or Apple Pay Service provided by Apple or any goods and services obtained by the Cardholder through Apple Pay Service, subject however to Clause 21 and except to the extent that any such loss or damage is attributable to the fraud, negligence or willful default on the part of the Bank.

28. The Bank shall not be responsible for any delay in or any error, failure or malfunction of any computer system or other equipment employed by the Bank in the course of performing its obligations hereunder to the Cardholder to the extent that it is attributable to any cause beyond the Bank’s reasonable control.

29. Apple Pay Service is provided by Apple. The Bank is not responsible for the quality or performance of Apple Pay Service. No warranty, whether expressed or implied, is given by the Bank in relation to Apple Pay Service or any part thereof, including any warranty on its condition, quality, performance, merchantability, workmanship, fitness for any particular purpose, timeliness or non-infringement of third party rights, or that it is secure, error free or will function without interruption.

30. The Bank is not responsible for any loss or damage or virus to the Cardholder’s computer, Mobile Device or any other relevant device or equipment, or any software or data (including loss or damage to or nonperformance of any other applications installed or to be installed in any of the aforesaid) that may be caused by any request for the generating, activation or use of Mobile Card and Apple Pay Service or any part thereof.

Disclosures

31. The Cardholder authorizes the Bank to collect, disclose, handle and use any information relating to the Cardholder, the Mobile Device for use of Bank Card Apple Pay Service, any transaction of Bank Card Apple Pay Service and the use of Bank Card Apple Pay Service by the Cardholder (collectively “Customer Data”) in accordance with the Data Policy Notice (as defined in the User Agreement and Conditions for Services), Privacy Policy Statement or such other document(s) issued under whatever name from time to time by the Bank relating to its general policies on use, disclosure and transfer of personal data (as the same may be amended from time to time).

32. The Bank may collect and store the unique identifier of the Cardholder’s Mobile Device (i.e. SEID number), type of Mobile Device and/or Mobile Card number to enable eligibility checking of Bank Card Apple Pay Service for the purpose of Mobile Card generation and maintenance. Cardholder who refuses the Bank to use any such information in the above manner may not be able to request the generating of and use a Mobile Card.

Termination and suspension of Mobile Card for Apple Pay Service

33. The Cardholder may terminate the use of Mobile Card for Bank Card Apple Pay Service and these terms and conditions by deleting the relevant Mobile Card for use of Bank Card Apple Pay Service from the Mobile Device or in such other manner as specified by the Bank from time to time provided that the Cardholder shall remain liable for all transactions effected through Bank Card Apple Pay Service notwithstanding such termination until all sums due under the Account (whether or not posted to the Account) are paid in full and duly comply with the Bank’s requirements and paying the fees and charges in accordance with Clause 25. Clauses 17 to 25 and 27 to 32 shall survive termination of these terms and conditions.

34. The Cardholder may suspend, resume, report loss or terminate the use of Mobile Card for Bank Card Apple Pay Service in such manner as specified by the Bank from time to time.

35. Upon deletion or termination of Mobile Card for Bank Card Apple Pay Service (whether by the Cardholder or the Company), the Cardholder shall, at his/her own costs, delete the relevant Mobile Card for use of Apple Pay Service from the Mobile Device or in such manner as the Bank or Apple may direct. The Cardholder shall continue to be liable for the use of the relevant Mobile Card for Apple Pay Service and all charges arising therefrom notwithstanding deletion or termination of the relevant Mobile Card for Apple Pay Service. No request to terminate the use of the relevant Mobile Card for Apple Pay Service shall be effective unless and until the relevant Mobile Card is deleted or otherwise terminated by or disposed of in such manner as the Bank or Apple may direct.

36. The Bank may at any time with or without notice or cause, cease to subscribe to Apple Pay Service and/or any services offered thereunder and/or disapprove any transaction proposed to be effected thereby and may not give any reason. The Bank may further at any time with or without notice or cause, suspend, de-register, cancel or terminate Mobile Card and may not give any reason.

37. For the avoidance of doubt, upon expiration, cancellation or termination for any reason of a Card to which Bank Card Apple Pay Service is made available, Bank Card Apple Pay Service shall also be automatically terminated at the same time.

Amendment

38. The Bank may (in its discretion) from time to time change any of these terms and conditions and/or the Fees Schedule (as referred to in Clause 25).

Governing law and jurisdiction

39. These terms and conditions shall be governed by and construed in accordance with the laws of Macau Special Administrative Region (“Macau) and the Cardholder irrevocably submits to the non-exclusive jurisdiction of the Macau courts.

Miscellaneous

40. Each provision of these terms and conditions is severable from the others. If at any time any provision is or becomes illegal, invalid or unenforceable in any respect under Macau law or the laws of any other jurisdiction, the legality, validity or enforceability of the remaining provisions shall not be affected or impaired in any way.

41. These terms and conditions shall be binding on each successor, personal representative and any person lawfully acting on behalf of the Cardholder.

42. No failure to act, omission or delay by the Bank to exercise or not to enforce any right under any terms and conditions shall operate as a waiver of such right, nor shall any single, partial or defective exercise of any right prevent any other or further exercise of it or the exercise of any other right.

43. The Bank may assign or transfer all or any of its rights and/or obligations under these terms and conditions to any third party. The Cardholder may not assign any of the rights and/or obligations under these terms and conditions.

Interpretation

44. The English version of these terms and conditions is for reference only. If there is any conflict or inconsistency between the English and Chinese versions of these terms and conditions, the Chinese version shall prevail.

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