These Terms and Conditions
("Terms") explain your responsibilities and obligations relating
to your use of the "Verified by Visa Service" of Hang Seng Bank
Limited ("Service"). By registering for and/or using the Service
you acknowledge that you have read and understood these Terms
and you agree to be bound by them. |
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1. |
Definitions |
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In these Terms references to: |
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"card" means any Visa credit card issued by us that are associated with your Password
for the Service ; |
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"including" means including, without
limitation to the generality of the surrounding words; |
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"our", "ours",
"us" and "we" refer to Hang Seng Bank
Limited; and |
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"you", "your"
and "yours" refer to you, our customer. |
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2. |
Applicable terms |
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- When you use the Service, you must comply with these
Terms and other applicable terms, including the terms
governing the use of your cards and the terms of our website
from which you access the Service which include the Important
Message to Readers and Internet Privacy Policy Statement.
- If these Terms contradict other applicable terms, these
Terms will (in relation to your use of the Service) override
those other terms to the extent that there is a contradiction.
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3. |
Changing these Terms, the Service,
and fees |
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We reserve the right to change these
Terms and fees relating to the Service, if any, at any time,
and you agree to be bound by all changes we make. We will
give you at least 60 days notice of these changes. Notice
of any changes to these Terms may be made by posting a notice
on our website, advertisement or such other means as we, acting
reasonably, may determine. You can access the current version
of these Terms on our website. |
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4. |
Your Password and PAM [Your Security
Duties] |
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- When you register for the Service, you will need to
designate a password ("Password") and a personal assurance
message ("PAM").
- We use your Password to identify you. Clause 10 sets
out your liabilities for everything that is done with
your Password.
- You should use your PAM to identify us.
- You must keep your Password and your PAM secret and
secure at all times and take steps to prevent unauthorised
use of your Password and your PAM.
- You agree to follow the guidance and any security recommendation
or procedures provided by us online. Your failure to do
so will constitute a breach of these Terms and will be
deemed as negligence on your part.
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5. |
Registration |
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- You can register for the Service by logging on to www.hangseng.com/e-Banking
and follow our online registration procedures.
- By registering for the Service, you are authorising
us to use and retain certain information about you and
your cards.
- Your registration for the Service is subject to our
approval.
- Your failure to register for the Service may result
in your inability to use your cards for online and other
transactions which require authentication by the Service.
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6. |
Your information |
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- You must provide information that we reasonably request
to enable us to provide the Service. If you do not provide
the information we request, we may not be able to provide
the Service to you. You must ensure that information you
provide to us in relation to the Service is true, complete
and up-to-date at all times.
- Your registration data, your other personal information
including your use of the Service may be used for record
keeping and reporting purposes, as well as to help resolve
transaction disputes. Your registration data and other
personal information relating to the Service, however,
will not be transferred by us to the merchants.
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7. |
Authentication |
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- By registering for the Service, you authorise us and
the use of the Service to authenticate your identity,
your cards and/or the use of your cards to make payment
for the transactions concerned.
- When engaging in an online transaction or other transactions
for which the Service is used, you may be required to
enter your Password before the merchant accepts your cards
in payment for the transactions. If you are unable to
provide your Password or if the authentication through
the Service fails, the merchant may not accept your cards
in payment for the transactions concerned. We cannot be
held liable for any merchant's refusal to accept your
cards for the said payment, whatever the reasons shall
be.
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8. |
Accuracy of information |
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If there is any inconsistency between
our internal records, and information relating to your cards
and their related card accounts or your use of the Service,
our internal records will prevail in the absence of evidence
to the contrary. |
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9. |
Exclusion of warranties and limitation
of our liability |
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Subject to Clause 10, and to the
maximum extent permitted by applicable law:
- we give no warranties or conditions (whether express,
implied, statutory or otherwise) in relation to the Service,
and exclude all implied warranties and conditions including
any warranties and conditions of merchantability, fitness
for a particular purpose, good title and non-infringement;
- in no event will we be liable to you for any incidental,
consequential, indirect damages (including loss of profits
and business interruption), or special or exemplary damages;
- due to the nature of the Service, we will not be responsible
for any loss of or damage to your data, software and computer,
telecommunications or other equipment caused by you using
the Service unless such loss or damage is directly and
solely caused by our negligence or deliberate default;
and
- we cannot be held liable to you or any third party for
any modification, enhancement, suspension or discontinuance
of the Service, whether within or outside our control.
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10. |
Your liability for unauthorised transactions |
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- If you have acted negligently or fraudulently, you
are liable for all claims, losses and consequences arising
from or in connection with your use of the Service.
- If you let any other person use your Password or
has knowledge of your PAM, you are liable for all claims,
losses and consequences arising from or in connection
with all transactions made using the Service by or with
the consent of that person.
- If you have contributed to an unauthorised transaction,
you may be liable for some or all of the losses resulting
from the unauthorised transaction. Ways you can contribute
to an unauthorised transaction include selecting an unsuitable
Password such as your Hong Kong Identity Card Number or
passport number, birthday, telephone number or other easily
accessible personal information, keeping a written record
of your Password and your PAM, disclosing your Password
or PAM to any other person, failing to take reasonable
steps to prevent disclosure of your Password or PAM to
any other person, failing to take reasonable steps to
observe any of your security duties referred to in these
Terms and unreasonable delay in notifying us of an actual
or possible disclosure to any other person of your Password
or PAM.
- If you have as soon as reasonably practicable reported
an actual or possible disclosure of your Password or PAM
to us, you are not liable for loss occurring after you
have notified us unless you have acted fraudulently or
negligently.
- You are not liable under these Terms for loss caused
by:
- fraudulent or negligent conduct by our employees
or agents, or parties involved in the provision of
the Service;
- faults that occur in our systems, including the
systems used to provide the Service, unless the faults
are obvious or advised by a notice or message;
- unauthorised transactions occurring before you have
established a Password or PAM;
- any other transactions where it is clear that you
could not have contributed to the loss.
- Except to the extent that Clauses 10(a) to (e) limit
your liability in specific circumstances, you are liable
to us and indemnify us for all claims, losses and consequences
arising from or in connection with your use of the Service,
use of the Service by any person using your Password or
PAM, and losses and consequences otherwise caused or contributed
to by you.
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11. |
Suspension and Termination |
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- We reserve the right to at any time suspend the Service
without notice where we consider necessary or advisable
to do so, for example, to protect you when there is a
suspected breach of security, or when we have reasonable
grounds to suspect that your registration data is untrue,
inaccurate, not current or incomplete or we need to suspend
the Service for maintenance or other reasons.
- We may, without giving you notice or reason terminate
the Service or its use by you. You can request termination
of your use of the Service at any time by calling our
Credit Card Customer Service Hotline appearing on our
website. Your termination will be effective when we de-register
you from the Service.
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12. |
General |
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- Communications: Communications from us are deemed to
have been received by you (where delivered personally)
at the time of personal delivery or on leaving it at the
address last notified by you to us, (where sent by post)
48 hours after posting if the address is in the Hong Kong
Special Administrative Region and seven days after posting
if the address is outside the Hong Kong Special Administrative
Region or (where sent by facsimile transmission, telex
or email) immediately after transmitting to the facsimile
or telex number or email address last notified in writing
by you to us. Communications sent by you to us are deemed
to be delivered to us on the day of actual receipt.
- Severability: If any part of these Terms is held by
any court or administrative body of competent jurisdiction
to be illegal, void or unenforceable, such determination
will not impair the enforceability of the remaining parts
of these Terms.
- Waiver:
- A waiver by us of any provision of these Terms will
not be effective unless given in writing, and then
it will be effective only to the extent that it is
expressly stated to be given.
- A failure, delay or indulgence by us in exercising
any power or right will not operate as a waiver of
that power or right. A single exercise or partial
exercise of any power or right by us does not preclude
further exercises of that power or right or the exercise
of any other power or right.
- Our rights and remedies under these Terms are cumulative
and do not exclude other rights and remedies provided
by law.
- Governing Law and Jurisdiction: The Service and these
Terms are governed by and must be construed in accordance
with the laws of the Hong Kong Special Administrative
Region. The parties submit to the non-exclusive jurisdiction
of the Courts of the Hong Kong Special Administrative
Region. These Terms may be enforced in the Courts of any
competent jurisdiction.
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13. |
Governing Version |
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The English version of these terms
shall prevail if there is a difference between the English
version and the Chinese version. |
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