QR Code Payment Service Terms and Conditions

1.1

You need to register and accept these Terms and enable the relevant transaction limit to use the service. You will need to comply with:

1.2.

You can use the service by presenting the pay code to Merchants or scanning the receive code presented by Merchants. If the payment is processed successfully, the transaction amount will be debited from your account immediately.

1.3.

Pay codes generated by Hang Seng Mobile App are time-sensitive and only valid once. You should complete the transaction in a timely manner, or the transaction will be rejected.

1.4.

The service can only be used on a mobile device running an operating system supported and specified by us from time to time.

1.5.

The service is intended for use by our customers only. We have the right to suspend or cancel the service or disable your access to the service if we discover that you are not eligible to use the service.

1.6.

Payment must be settled in Hong Kong dollars (“HKD”). If the transaction currency is not in HKD, foreign currency exchange will be involved. We can effect any currency conversion at the exchange rate and time we consider appropriate. An indicative real time exchange rate and the reference HKD amount will be shown on the transaction page. But it is subject to change. Once you confirm payment, we will debit the HKD amount from your HKD accounts on the then exchange rate. The actual exchange rate used is shown on the acknowledgement page. You shall bear any risks of currency depreciation, exchange rate fluctuations, losses and other fees and charges when using the service.

1.7.

The exchange rate used in a transaction includes the foreign exchange spread charged by the Payment Processing Parties and an additional mark-up by us.

2.1

We have the right to set or change from time to time the scope of the service and the conditions and procedures for using the service, without prior notice.

2.2.

We provide the service through Payment Processing Parties that provide payment settlement service to merchants outside Hong Kong. The list of countries or areas which the service is available and the Merchants accepting payment via the service may vary from time to time without prior notice.

2.3.

All payment made by the service will be processed, cleared and settled under the arrangements agreed by the Merchants and Payment Processing Parties from time to time. Your use of the service is subject to these arrangements.

2.4.

The payment process, clearing and settlement arrangements of the service are also subject to the rules, laws and regulations of the relevant jurisdiction.

3.1

We may specify any transaction limit and update the limits from time to time without prior notice. This may include any daily and annual limit, and any minimum or maximum payment amount per transaction.

4.1.

Once the payment is processed, it is final, irrevocable and binding on you.

4.2.

If you wish to refund due to any issue related to the goods or services provided by Merchants, you should communicate with related Merchants directly. Any refund request will be subject to the decision of the Merchant. We will not be liable for any loss due to any unfulfilled refund request. If we receive any refund from the Merchant, we will credit it to your account.

4.3.

All refunds will be in HKD and credited to your HKD account used for that QR code payment. You will bear any exchange rate and currency depreciation risks and losses on refund.

4.4.

Any related transaction limit of the service will not be resumed after refund.

5.1.

You should confirm the transaction details with the Merchant before making payment. To enable us to handle an instruction for you in relation to payment using the service, you must provide or input the necessary information and complete the process in ways as directed by us.

5.2.

You are fully responsible for ensuring that the captured data and input data is accurate and complete before making or confirming any payment using the pay code or receive code. We are not responsible for any errors contained in such payment data.

5.3.

The service is not intended for use in any jurisdiction where their use would be contrary to any law or regulation of that jurisdiction or where we are not licensed or authorized to provide the service.

5.4.

You must comply with all applicable laws and regulations that govern the download of the Hang Seng Mobile App, or access or use of the mobile app or the service.

5.5.

You must not use the service 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 service on a jail-broken or rooted device may compromise security and lead to fraudulent transactions. Use of the service in a jail-broken or rooted device is entirely at your own risk and we will not be liable for any losses or any other consequences suffered or incurred by you as a result.

5.6.

You shall bear any risks of currency depreciation, exchange rate fluctuations, and loss of income and profit when you are using the service.

5.7.

You are fully responsible for all instructions or requests given by you or any other person authorised by you in using the service.

5.8.

You are fully responsible for ensuring that the information shown or stored on your mobile device is kept secure.

5.9.

You should keep the pay code generated by Hang Seng Mobile App and your mobile device properly and should not provide the pay code information (including image and digital information of the pay code) to others. You are fully responsible for any losses that are caused by failure to properly keep the pay code information or mobile device.

5.10.

 If you know or suspect that any other person knows your security details, or has used or tried to use them, or if your mobile device is lost or stolen, you must notify us as soon as reasonably practicable.

5.11.

Your Indemnity

6.1.

We provide the service on an “as available” basis. This means we can’t promise the service will always be available, uninterrupted, secure or error-free.

6.2.

We do not give any warranties (express or implied) about the service, including that it will be fit for a particular purpose, free from viruses, or available at any specific time

6.3.

You use the service at your own risk. If you download or obtain any material or information through the service, you’re responsible for any resulting damage to your device or loss of data.

6.4.

We are not liable for any loss arising from your use of (or inability to use) the service, or from the processing, delay or error in processing your payment instruction, or any failure of refund, unless the loss is caused by our proven negligence or willful default (or that of our officers, employees or agents).

6.5.

We are not liable for any acts or omissions of the Payment Processing Parties or the Merchants.

6.6.

We are not liable for any indirect or consequential losses (for example, loss of profit, loss of business opportunity, business interruption, or loss of data).

6.7.

These limitations apply only to the extent permitted by applicable laws.

9.1.

We can suspend or terminate your use of the service (or any part of it) at any time. We do not have to give you notice or reason if:

9.2.

We may suspend or terminate the service (or any part of it) at any time without prior notice.

10.1.

If any part of these Terms no longer applies because it is illegal, invalid or unenforceable, the rest of these Terms will not be affected.

11.1.

If you breach these Terms, we may not act immediately. If we delay or choose not to enforce a right at any time, we can still enforce it later.

11.2.

Any waiver by us must be in writing. It will apply only to the specific situation and only to the extent we state in writing.

11.3.

Our rights and remedies under these Terms are in addition to any rights or remedies we may have under law or elsewhere. This means we may use one or more rights or remedies, and we may do so at different times.

12.1.

You may not transfer any of your rights or obligations under these Terms to anyone else without our prior written consent. This helps us protect the security of the service and meet legal and regulatory requirements

12.2.

We may transfer our rights or obligations under these Terms to another person (for example, a member of our group or a successor to our business). If we do, your rights under these Terms will not be affected unless we inform you otherwise.

13.1.

No person other than you and us have any right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623 of the Law of the Hong Kong) to enforce or enjoy the benefit of these Terms.

14.1.

These Terms are governed by the laws of Hong Kong. The Hong Kong courts have non-exclusive jurisdiction. These Terms may be enforced in the courts of any competent jurisdiction.

15.1.

The English version of these Terms prevails if there is any inconsistency between it and the Chinese version.