Bank Services relating to Faster Payment System

The terms and conditions specified hereunder correspond to Section IX of Account Rules.

Bank Services relating to Faster Payment System

This Part governs the Bank’s provision to the customers and the customers’ use of the FPS Bank Services. The FPS Bank Services form part of the Bank’s banking services. This Part supplements each of the e-banking terms and conditions, end user license agreement for the Bank’s mobile applications, and any other applicable agreements or terms and conditions governing the Bank’s banking services, as may be amended from time to time.

The provisions of these Rules continue to apply to the FPS Bank Services to the extent that they are relevant and not inconsistent with the provisions in this Part. Unless otherwise specified, the provisions of this Part prevail if there is any inconsistency between them and the provisions of these Rules with respect to the FPS Bank Services.

Bank Services relating to Faster Payment System
1. The Bank may provide the FPS Bank Services to customers to facilitate payments and funds transfers using the Faster Payment System. The Faster Payment System is provided and operated by HKICL. The FPS Bank Services are therefore subject to the rules, guidelines and procedures imposed by HKICL in relation to the Faster Payment System from time to time.
2. By requesting the Bank to register any Proxy ID for the customer in the HKICL FPS or to set up any eDDA for the customer using the HKICL FPS, or by initiating any payment or funds transfer using the HKICL FPS, the customer will be regarded as having accepted and will be bound by the provisions of this Part. The customer should not request the Bank to register any Proxy ID or set up any eDDA for the customer and should not initiate any payment or funds transfer using the HKICL FPS unless the customer accepts the provisions of this Part.
3. The Bank may provide the FPS Bank Services at its own discretion to customers who initiate any payment or fund transfer instructions. For the avoidance of doubt, the Bank reserves the right to determine effecting any payment or fund transfer instructions by Clearing House Automated Transfer System (CHATS) or by telegraphic transfer. The customer will be informed that the payment or fund transfer will be made using the HKICL FPS before the customer confirms the instruction. By confirming the instruction, the customer will be regarded as having accepted and will be bound by the provisions of this Part. If the customer does not accept the provisions of this Part, the customer should cancel the instruction.
4. In this Part, the following terms have the following meanings:
  "Addressing Service" means a service provided by HKICL as part of HKICL FPS to facilitate customers of Participants to use predefined Proxy ID instead of account number to identify the destination of a payment or funds transfer instruction and other communications for the purpose of HKICL FPS.
  "customer" means each customer to whom the Bank provides FPS Bank Services and, where the context permits, includes any person authorised by the customer to give instructions or requests to the Bank in connection with the use of the FPS Bank Services.
  "Default Account" means the account maintained by the customer with the Bank or any other Participant and set as the default account for receiving payment or funds using HKICL FPS or (if and to the extent specified or permitted by the rules, guidelines and procedures of HKICL) for debiting payment or funds using HKICL FPS.
  "eDDA" means a direct debit authorisation set up by electronic means using HKICL FPS.
  "eDDA Service" means a service provided by HKICL as part of HKICL FPS to facilitate customers of Participants to set up direct debit authorisation.
  "FPS Bank Services" means the services (including the QR Code Services) provided by the Bank to customers from time to time to facilitate payments and funds transfers using HKICL FPS and the Addressing Service, eDDA Service and any other services and facilities provided by HKICL in connection with the Faster Payment System from time to time.
  "FPS Identifier" means a unique random number generated by HKICL FPS to be associated with the account of a customer of a Participant.
  "HKICL" means Hong Kong Interbank Clearing Limited and its successors and assigns.
  "HKICL FPS" or "Faster Payment System" means the Faster Payment System and related facilities and services provided, managed and operated by HKICL from time to time for (i) processing direct debits and credits, funds transfers and other payment transactions and (ii) exchanging and processing instructions relating to the eDDA Service and the Addressing Service.
  "Hong Kong" means the Hong Kong Special Administrative Region of the People's Republic of China.
  "Participant" means a participant of HKICL FPS which may be a bank or other financial institution, a retail payment system operator, a licensed stored value facility, or any other person accepted by HKICL as a participant of HKICL FPS from time to time.
  "Proxy ID" means the identifiers which may be accepted by HKICL for registration in the Addressing Service to identify the account of a customer of a Participant, including without limitation the mobile phone number or email address of the customer, or the FPS Identifier.
  "QR Code Services" means the QR code and the associated payment and funds transfer services provided by the Bank to customers from time to time.
  "Regulatory Requirement" means any law, regulation or court order, or any rule, direction, guideline, code, notice or restriction (whether or not having the force of law) issued by any regulatory authority, governmental agency (including tax authority), clearing or settlement bank or exchange, or industry or self-regulatory body, whether in or outside Hong Kong, to which HKICL, the Bank or any other Participant or the respective affiliates or group companies, or the customer is subject or is expected to comply with from time to time.
Scope of FPS Bank Services and conditions for use
1. The Bank may provide the FPS Bank Services to customers to facilitate payment and funds transfer using the Faster Payment System and the Addressing Service, the eDDA Service and any other services and facilities provided by HKICL in connection with the Faster Payment System from time to time. The Bank has the right to set or vary from time to time the scope of the FPS Bank Services and the conditions and procedures for using the FPS Bank Services. In order to use the FPS Bank Services, the customer has to accept and follow these conditions and procedures.
2. The Bank may provide the FPS Bank Services to facilitate payment and funds transfer in any currency specified by the Bank from time to time, including Hong Kong dollars and Renminbi.
3. In order to enable the Bank to handle an instruction for the customer in relation to payment or funds transfer using HKICL FPS, the customer has to provide or input the necessary information and complete the process by such means or in such manner prescribed by the Bank from time to time.
4. All payment or funds transfer transactions using HKICL FPS will be processed, cleared and settled under the interbank clearing and settlement arrangements including without limitation the arrangements in relation to the Faster Payment System agreed by the Participants and HKICL from time to time.
5. The Bank reserves the right to suspend or terminate the FPS Bank Services in whole or in part at any time without giving notice or reason.
Addressing Service - registration and amendment of Proxy ID and related records
1. In order to use the Addressing Service to receive payment or funds transfer using HKICL FPS, the customer has to register the customer’s Proxy ID in the HKICL FPS. The Bank has discretion as to whether to offer the FPS Identifier as Proxy ID to the customer.
2. Registration and amendment of Proxy ID and related records in the HKICL FPS must be done in accordance with the applicable rules, guidelines and procedures imposed by HKICL from time to time. In order to enable the Bank to register or amend Proxy ID or any related records for the customer, the customer has to provide or input the necessary information and complete the registration process by such means or in such manner prescribed by the Bank from time to time.
3. At any time where the same Proxy ID is registered by the customer for more than one account (whether maintained with the Bank or with any other Participant), the customer must set one account as the Default Account. By instructing the Bank to set or change the Default Account for the customer, the customer consents and authorises the Bank to submit the request on the customer’s behalf to HKICL FPS to override the existing Default Account registered in HKICL FPS.
eDDA Service
1. In order to enable the Bank to handle a request for the customer in relation to eDDA setup, the customer has to provide or input the necessary information and complete the process by such means or in such manner prescribed by the Bank from time to time. The prescribed process may include requiring the relevant parties to set up the eDDA using their respective account numbers or customer identification numbers or codes. For the avoidance of doubt, a Proxy ID is not intended for verifying eDDA setup. Any amendment of a Proxy ID and the related records or termination of a Proxy ID after an eDDA setup will not affect that eDDA.
The customer’s responsibility
1. Present genuine owner or authorised user of Proxy ID and accounts
  
  The customer can only register its/his/her own Proxy ID for its/his/her own accounts or set up eDDA for its/his/her own accounts. The customer must be the present genuine owner or authorised user of each Proxy ID and each account provided to the Bank for registration in the Addressing Service and the eDDA Service. By instructing the Bank to register any Proxy ID or any account for the customer in relation to the Faster Payment System, the customer confirms that it/he/she is the present genuine owner or authorised user of the relevant Proxy ID or account. This is particularly important for mobile phone numbers as they may be recycled in Hong Kong.
2. Proxy ID
  
  Any Proxy ID to be registered by the customer for the Addressing Service must satisfy any applicable requirements imposed by HKICL from time to time. For example, HKICL may require the mobile phone number or email address to be registered as Proxy ID to be the same number or address registered by the customer as contact information on the Bank’s records at the relevant time. The customer understands and agrees that the Bank, other Participants and HKICL have the right and discretion without giving notice to deregister any Proxy ID that is not correct or up-to-date in accordance with available information without the customer’s consent.
3. Correct information
  1. The customer shall be solely responsible for the accuracy and completeness of all information (including any beneficiary account information) provided and that the Bank shall not be responsible for checking or verifying the same and the Bank shall not be liable for any losses or damages caused by any inaccuracies, omissions or incompleteness of any information provided by the customer.
  2. Without prejudice to the generality of sub-paragraph (i), the customer has to ensure that all the information provided by the customer for registration or amendment of Proxy ID (or any related records) or for any eDDA setup is correct, complete, up-to-date and not misleading. The customer has to notify the Bank as soon as reasonably practicable of any changes or updates to such information by such means or in such manner specified by the Bank from time to time.
  3. The customer is fully responsible for using the correct and up-to-date Proxy ID and related records in giving each payment or funds transfer instruction. The customer is solely liable for and will hold the Bank harmless from any incorrect payment or transfer effected by the Bank and HKICL FPS due to incorrect or outdated Proxy ID or related records.
4. Timely updates
  
  The customer is fully responsible for giving instructions and information changes or updates to the Bank on a timely basis for amending its/his/her Proxy ID (or related records) or any eDDA setup, including without limitation changing its/his/her Default Account, or terminating any Proxy ID or eDDA. The customer acknowledges that keeping its/his/her Proxy ID, eDDA and all related records up-to-date is critical for ensuring effective execution of payment and funds transfer instructions and for avoiding incorrect payment or transfer due to incorrect or outdated Proxy ID, eDDA or related records.
5. Change of Default Account
  
  If an account is terminated as the Default Account by the customer or by the relevant Participant for any reason (including suspension or termination of the account), the system of HKICL will automatically assign the most recently registered record in the Addressing Service that is associated with the same Proxy ID to be the Default Account. If the customer wishes to set another account as the Default Account, the customer has to change the registration through the Participant where the customer maintains that other account.
6. Transactions binding on the customer
  1. For any payment or funds transfer, once the customer confirms the details of a transaction and submit instruction to the Bank, such instruction and any resulting transaction is final, irrevocable and binding on the customer.
  2. For any Proxy ID registration or eDDA setup, once the customer submits an instruction to the Bank, such instruction is irrevocable and binding on the customer. The customer may amend or cancel any Proxy ID or eDDA setup in accordance with the procedures and requirements prescribed by the Bank from time to time.
7. Use FPS Bank Services responsibly
  
  The customer must use the FPS Bank Services in a responsible manner. In particular, the customer has to comply with the following obligations:
  1. The customer must comply with all Regulatory Requirements that govern the customer’s use of the FPS Bank Services, including collecting, using and handling the personal data and other information relating to any other person in compliance with the Regulatory Requirements protecting data privacy. The customer must not use the FPS Bank Services for any unlawful purposes or any purposes other than those authorised or contemplated in the rules, guidelines and procedures of HKICL.
  2. In sending remarks or messages to be displayed to recipients or counterparties of the customer’s payment or funds transfer instructions or eDDA setup using HKICL FPS, the customer should mask the name or other data of such recipients or counterparties to prevent unauthorised display or disclosure of any personal data or confidential data.
  3. If the Bank offers the FPS Identifier as Proxy ID to the customer, the customer should not repeatedly cancel the registration and request for generation of another FPS Identifier in an attempt to generate a number or value that the customer desires.
8. Other obligations regarding payments and funds transfers
  
  Any instruction given by the customer in relation to the FPS Bank Services will be handled by the Bank in accordance with this Part and the applicable provisions in these Rules. The customer has to comply with the other obligations with respect to payments, funds transfers and direct debit authorisations, including without limitation maintaining sufficient funds in the relevant accounts for settling payment and funds transfer instructions from time to time.
9. The customer is responsible for its/his/her authorised persons
  
  Where the customer authorises any other person to give instructions or requests to the Bank in connection with the use of the FPS Bank Services (whether the customer is an individual, a company, a corporation, or a sole proprietorship or partnership firm or any other unincorporated body):
  1. the customer is responsible for all the acts and omissions of each person authorised by the customer;
  2. any instruction or request received by the Bank, believed by the Bank in good faith to be given by the customer or any person authorised by the customer, will be irrevocable and binding on the customer; and
  3. the customer is also responsible for ensuring that each person authorised by the customer will comply with the provisions of this Part that are applicable to him/her when acting on behalf of the customer.
10. The customer is responsible for all charges
  
  The FPS Bank Services are subject to the charges and at the rates as prescribed by the Bank or any other Participants from time to time and the customer is fully responsible for the same.
The Bank’s responsibility and restriction of liability
1. The Bank will process and submit the customer’s instructions and requests to HKICL FPS in accordance with the applicable rules, guidelines and procedures imposed by HKICL from time to time. HKICL FPS has the right to process and execute the customer’s instructions and requests in such sequence or manner as HKICL considers appropriate. The Bank has no control over the operation of HKICL FPS nor the timing on which the customer’s instructions or requests are executed by HKICL FPS. Where the Bank receives status update notifications involving any of the customer’s Proxy ID (or related records) or eDDA setup or any other matter relating to HKICL FPS from or through HKICL FPS from time to time, the Bank will notify the customer accordingly by such means and at such time as the Bank considers appropriate.
2. Without reducing the effect of Clause 6a. above or the provisions of these Rules:
  1. the Bank is not liable for loss, damage or expense of any kind which the customer or any other person may incur or suffer arising from or in connection with the use of the FPS Bank Services or the processing or execution of instructions or requests given by the customer in relation to the FPS Bank Services or HKICL FPS, except to the extent that any loss, damage or expense incurred or suffered is direct and reasonably foreseeable arising directly and solely from the Bank’s negligence or wilful default or that of the Bank’s officers, employees or agents;
  2. for clarity, the Bank is not liable for loss, damage or expense of any kind which the customer or any other person may incur or suffer arising from or in connection with one or more of the following:
    1. the customer’s failure to comply with its/his/her obligations relating to the FPS Bank Services; and
    2. any delay, unavailability, disruption, failure, error of or caused by HKICL FPS, or arising from any circumstances beyond the Bank’s reasonable control; and
    3. in no event will the Bank, its affiliates or group companies, its licensors, and its and their respective officers, employees and agents be liable to the customer or any other person for any loss of profit or any special, indirect, incidental, consequential or punitive loss or damages (whether or not they were foreseeable or likely to occur).
3. Without prejudice to any provisions of this Part or these Rules, the Bank reserves the right not to accept or otherwise reject any instruction given by the customer in relation to the FPS Bank Services with or without giving any reason. The Bank further reserves the right to delay or not to process any instruction given by the customer in relation to the FPS Bank Services with or without notice for any reason, including but not limited to:
  1. if the Bank is of the opinion that:
    1. the relevant information is not complete or has not been accurately or properly provided or is not sufficiently clear; or
    2. there are not sufficient available funds in the relevant account for settling the relevant payment or funds transfer instructions from time to time; or
    3. the processing of the relevant payment or funds transfer instructions may breach any applicable laws or regulations; or
  2. for security reasons (including but not limited to where the fraud prevention or risk control measures or procedures of the Bank which the Bank deems appropriate to adopt cannot be completed, fulfilled or satisfied).
  The Bank shall not be liable for any loss or damage incurred or suffered by any person caused by any non-acceptance, rejection, delay or non-processing of any instruction given by the customer in relation to the FPS Bank Services for any reason.
4. The customer’s confirmation and indemnity
  1. Without reducing the effect of any indemnity given by the customer under these Rules or any other rights or remedies that the Bank may have, the customer will indemnify the Bank and its officers, employees and agents and hold each of them harmless against all liabilities, claims, demands, losses, damages, costs, charges and expenses of any kind (including legal fees on a full indemnity basis and other expenses reasonably incurred) which may be incurred or suffered by the Bank or any of them and all actions or proceedings which may be brought by or against the Bank or any of them as a result of or in connection with the Bank’s provision of the FPS Bank Services or the customer’s use of the FPS Bank Services.
  2. The above indemnity does not apply to the extent that it is proved that any liabilities, claims, demands, losses, damages, costs, charges, expenses, actions or proceedings are direct and reasonably foreseeable arising directly and solely from the Bank’s negligence or wilful default or that of its officers, employees or agents. The above indemnity shall continue to have effect after the termination of the FPS Bank Services.
Collection and use of Customer Information
1. This Clause 7 supplements Clause 29 of Part I of these Rules and the following shall be without prejudice to Clause 29 of Part I of these Rules.
2. For the purposes of using the FPS Bank Services, the customer may be required to provide the Bank with the personal data and other information relating to one or more of the following persons from time to time:
  1. the customer;
  2. the recipient of any payment or funds transfer to be made by the customer, or the counterparty of any eDDA to be set up by the customer; and
  3. where the customer is a company, a corporation, or a sole proprietorship or partnership firm or any other unincorporated body, any of its directors, officers, employees, authorised persons and representatives, all personal data and information provided to the Bank or compiled by the Bank from time to time in connection with the FPS Bank Services are collectively referred to as "Customer Information".
3. The customer agrees (and, where applicable, for and on behalf of each of its directors, officers, employees, authorised persons and representatives) that the Bank may collect, use, process, retain or transfer any of the Customer Information for the purposes of the FPS Bank Services and for such other purposes as set out in Clause 29 of Part I of these Rules. These purposes include without limitation one or more of the following:
  1. providing the FPS Bank Services to the customer, maintaining and operating the FPS Bank Services;
  2. processing and executing the customer’s instructions and requests in relation to the FPS Bank Services from time to time;
  3. disclosing or transferring the Customer Information to HKICL and other Participants for their use for the purpose of the operation of HKICL FPS;
  4. meeting the requirements to make disclosure under any Regulatory Requirements; and
  5. purposes relating to any of the above.
4. The customer understands and agrees that the Customer Information may be further disclosed or transferred by HKICL, the Bank or any other Participants to their customers and any other third parties who are users of HKICL FPS for the purposes of providing and operating the Addressing Service and the eDDA Service.
5. If the Customer Information includes personal data or other information of any person other than the customer (including any persons specified in Clauses 7b.ii. or 7b.iii. above), the customer confirms that it/he/she will obtain and has obtained the consent from such person regarding the use (including disclosure and transfer) of his/her personal data and other information by HKICL, the Bank and the other Participants as specified in this Clause.
QR Code Services
1. This Clause 8 applies to the use of the QR Code Services, together with these Rules and any other terms and conditions that apply to the mobile application ("App") through which the customer access the QR Code Services.
2. Using the QR Code Services and the customer’s responsibility
  1. The QR Code Services allow the customer to scan a QR code provided by the Bank or by another person to automatically capture the payment or funds transfer data without the need for manually entering the data. Any QR code provided by another person must meet the specifications and standards prescribed by HKICL in order to be accepted. The customer is fully responsible for ensuring that the captured data is accurate and complete before confirming any payment or funds transfer instruction. The Bank is not responsible for any error contained in such payment or funds transfer data.
  2. The QR Code Services can be used on a mobile device running an operating system supported and specified by the Bank from time to time.
  3. Updates to the QR Code Services may be issued periodically through the supplying app store for the App. For some devices, updates will be downloaded automatically. For other devices, the customer will need to download the updates. Depending on the update, the customer may not be able to use the QR Code Services until the latest version has been downloaded. The customer is fully responsible for ensuring the latest version has been downloaded to the customer’s mobile device for the purpose of using the QR Code Services.
  4. The QR Code Services are intended for use by the Bank’s customers only. The Bank has the right to cancel the customer’s account for the App and/or block the customer from accessing the QR Code Services if the Bank discover that the customer is not eligible to use the QR Code Services.
  5. The QR Code Services are not intended for use in any jurisdiction where their use would be contrary to any law or regulation of that jurisdiction or where the Bank is not licensed or authorised to provide the QR Code Services.
  6. The customer must comply with all applicable laws and regulations that govern the download of the App, or access or use of the App or the QR Code Services.
3. Security
  1. The customer must not use the QR Code Services on any device or operating system that has been modified outside the mobile device or operating system vendor supported or warranted configurations. This includes devices that have been "jail-broken" or "rooted". A jail broken or rooted device means one that has been freed from the limitations imposed on it by the customer’s mobile service provider and the phone manufacturer without their approval. The use of the QR Code Services on a jail broken or rooted device may compromise security and lead to fraudulent transactions. Use of the QR Code Services in a jail broken or rooted device is entirely at the customer’s own risk and the Bank will not be liable for any losses or any other consequences suffered or incurred by the customer as a result.
  2. The customer is fully responsible for all instructions or requests given by the customer or any other person authorised by the customer during the use of the QR Code Services.
  3. The customer is fully responsible for ensuring that the information shown or stored on the customer’s mobile device is kept secure.
  4. If the customer knows or suspects that any other person knows the customer’s security details, or has used or tried to use them, or if the customer’s mobile device is lost or stolen, the customer must notify the Bank as soon as reasonably practicable.
4. The Bank’s responsibility and restriction of liability
  1. While the Bank makes commercially reasonable efforts to provide the QR Code Services, the Bank is not liable for any failure to provide the QR Code Services.
  2. The QR Code Services are provided on an “as is” basis with no representation, guarantee or agreement of any kind as to their functionality. The Bank cannot guarantee that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to the customer’s mobile device in the use of the QR Code Services. The Bank is not responsible for any loss the customer may incur as a result of the customer’s use of the QR Code Services.
  3. The customer understands and agrees that:
    1. The customer uses the QR Code Services at the customer’s sole risk. To the maximum extent permitted by law, the Bank expressly disclaims all warranties and conditions of any kind, whether express or implied.
    2. The customer downloads or obtains any material or information through the use of the QR Code Services at the customer’s sole risk and discretion. The customer is solely responsible for any damage to the customer’s computer or other device or loss of data resulting from downloading, obtaining or using such material or information.
  4. For the avoidance of doubt, nothing above is intended to exclude or restrict any condition, warranty, right or liability which may not be lawfully excluded or restricted.

Hang Seng Bank Limited

(The English version of this terms and conditions shall prevail where there is a discrepancy between the English and the Chinese version.)
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