Terms and Conditions of UOBC Debit Card

Transcription

1 Terms and Conditions of UOBC Debit Card December 2014 Revised 本 文 件 归 大 华 银 行 ( 中 国 ) 有 限 公 司 所 有, 未 经 许 可, 不 得 以 任 何 形 式 复 印 此 文 件

2 Chapter 1 In order to regulate the issuance and the usage of debit card issued by United Overseas Bank (China) Ltd. (hereinafter as UOBC Debit Card ), and to provide the excellent service to the cardholder (hereinafter as Cardholder ) of the United Overseas Bank (China) Limited (hereinafter as UOBC, UOB (China) or Issuer ), and UOBC formulate these terms and conditions of UOBC Debit Card (hereinafter as T&C ) according to Regulations for Bank Savings Administration and Regulations for Business Administration of Bank Card, for UOBC and the Cardholders to abide by. UOBC Debit Card with China Union Pay logo, referred in this T&C, is issued to the public by UOB (China), for the purpose of finance payment & settlement by Chinese Renminbi. UOBC Debit Card can be classified into two types by the information carrier: Magnetic Stripe Card and IC Chip Card. Both types of Cards are linked with RMB Settlement Account, while IC Chip Card is additionally connected to E-cash Account and part of the IC Chip Card applications need relative accepting environment. UOBC Debit Card can also be categorized to two types by customer segment: Privilege Card and Privilege Crystal Card. The natural persons who completely bear the ability of civil act, meet the requirements for card issuance by the Issuer and opened RMB Settlement Account (including Chinese citizens and foreigners, and compatriots in Hong Kong, Macao and Taiwan) can apply for UOBC Debit Card. The application of UOBC Debit Card shall conform to the related PRC regulations of the real-name which require real name to open an account. Chapter 2 General Terms Application When applying for a UOBC Debit Card or the function or the service to be made available, the applicant shall provide relevant application information as required by UOBC, and fill in an applicant form, and his/her signing on the application form shall indicate that the applicant has been aware of the relevant provisions of UOBC, and is liable for the genuineness of the content he/she has filled and confirms that he/she will observe this T&C. The Cardholder shall ensure the authenticity and truthfulness of all personal information provided to the Issuer. UOBC shall have the right to check and examine the background and the credit status of an applicant, to demand for the personal information of an applicant, and to decide whether to issue UOBC Debit Card to the applicant. Each UOBC customer can apply for one Debit Card and such Debit Card can only link to and be bound with one RMB Settlement Account. The Cardholder shall abide by the terms and conditions applicable to any type of UOBC Debit Card. The Cardholder must apply for the Card and set the PIN in person with a valid ID at any branches with personal financial service. For the avoidance of doubt and unless the context otherwise requires, the PIN referred to herein shall include one or more PIN as set by the Cardholder for depositing and withdrawing, account transfer and settlement (including online payment) or etc (including but not limited to the transaction with PIN processed via any entity transaction platform and/or virtual transaction platform including any third party transaction platform) or required to be set by the Issuer for a particular transaction. The Cardholder shall ensure that all funds deposited or transferred to UOBC Debit Card account are lawful incomes or other amounts 1

3 from lawful sources. The Cardholder shall not use UOBC Debit Card or UOBC Debit Card account for any purpose in violation of laws and regulations or to the detriment of the rights and interests of a third party. It is forbidden to deposit the funds of any organization into individual accounts Chapter 3 Usage UOBC Debit Card can be used for consumption payment, fund transfer payment, cash deposit and withdrawal and account management, etc., and can be used at the UOBC branches with personal financial service, through merchants and ATMs with China Union Pay logo, via self-service equipments like multimedia terminals and other channels such as online payment platform. UOBC Debit Card should be used after first cash deposit, including online transaction, real-time account deduct, but excluding overdraft. Besides, IC Chip Card can perform E-cash balance inquiry and offline consumption at merchants, and E-cash balance inquiry, E-cash load and offload at UOBC branches with personal financial service and ATMs with China Union Pay logo, among which, E-cash offload is only allowed when cardholder replacing / canceling the Debit Card at branch. The Cardholder should conform to the regulations on the large amount cash payment of relevant authorities and the Issuer when conducting cash deposit & withdrawal transactions at the Branches, i.e. the accumulative times and amount of cash withdrawal each day for each card shall be subject to the relevant regulations of the People's Bank of China (hereinafter as PBOC ) and the Issuer; In case a Cardholder withdraws cash overseas, the accumulative amount of the cash withdrawal for each card in a single day and a single month shall be strictly subject to the relevant regulations of PBOC and/or the State Administration of Foreign Exchange and the Issuer. The IC Chip Card E-cash Account is anonymous, which does not support loss reporting, interest calculation, cash withdrawal, overdraft and fund transfer. The E-cash balance can not be treated as bank deposit, so that the Cardholder, instead of the Issuer, shall bear the liability for loss, improper usage and custody of E-cash. In case the RMB Settlement Account linked with the Debit Card is suspended or terminated, the E-cash Account will not be impacted. The Issuer shall be entitled to set, amend or cancel the limit of E-cash balance according to PRC related regulations and the E-cash balance must not exceed the limit. ATM fund transfer function of UOBC Debit Card won t be opened until the Issuer receives the Cardholder s application and the accumulative transfer amount each day for each card can not exceed the regulated limit in order for the fund safety. To the extent permitted by the applicable law, the Issuer shall be entitled to set a maximum limit for each transaction and daily or monthly maximum limit in aggregate or daily maximum number of the transaction with respect to the use of UOBC Debit Card without prior notice to the Cardholder. Subject to the terms and provisions of this T&C, UOBC Magnetic Stripe Debit Card has no expiry date and can be used for long term while IC Chip Card has 10 years of validity. The Cardholder can replace the old card with the new one by presenting the card and valid ID at the branches with personal financial service when the card has expired, is damaged, the magnetic stripe is demagnetized or the chip is unreadable. The Issuer reserves the right to charge the relevant fee in accordance with tariff and standards. For the unreadable UOBC IC Chip Card during card replacement, the E-cash balance will be transferred back to Cardholder s RMB Settlement Account after 30 working days from the date of replacement. 2

4 15. UOBC Debit Card should be used by the Cardholder only, not for rent or loan. The Cardholder should also be responsible for the loss caused by the improper maintenance or use of the debit card or the use by others. The Issuer may, in its absolute discretion, issue a replacement card or a new PIN upon such terms and conditions as the Issuer may deem fit, and the Issuer reserves the right to charge a handling fee in accordance with tariff and standards. The Cardholder should report loss of the card verbally via telephone bank or officially at the branches with personal financial service if stolen or lost. After verbal report loss of card, the Cardholder should use the valid ID to report loss of card officially at the branches with personal financial service in order to cancel or apply for reissuing card. The Issuer is not responsible for the cash loss before the report loss of card (including both verbally and officially) The Cardholder should use part or all of the checking elements (eg. PIN) as accepted by the Issuer to operate the Debit Card business. Regardless of whether the relevant transaction instruction is sent by Cardholder self directly or sent via any third party through its facility both acceptable to the Issuer (e.g. electronic network, self-service banking equipment, POS machine and etc) or whether or not processing transaction shall physically rely on UOBC Debit Card, any transaction with PIN (including but not limited to the transaction with PIN processed via any entity transaction platform and/or virtual transaction platform including any third party transaction platform) should be treated as the Cardholder s own operation whereupon the Issuer can in accordance with the said transaction instruction to debit the relevant amount from UOBC Debit Card account. Parts of the E-cash transactions do not require the PIN and the Cardholder should acknowledge, understand and accept the risks incurred from such transactions. The Cardholder should maintain and use the PIN properly, and ensure the PIN is not disclosed to any person. The electronic information records of the depositing and withdrawing, account transfer, settlement and payment (including online payment) or any other transaction of a Cardholder with a PIN shall be deemed as the valid credentials of such transaction, and shall be taken as the evidence for bookkeeping. Any records held by the Issuer of any and all instructions, communications, operations or transactions made or performed, processed or effected through the use of or via UOBC Debit Card (except for manifest error) as final and conclusive and the same are binding on the Cardholder for all purposes. The Cardholder should be responsible for the loss caused by improper maintenance or use of the PIN and the Cardholder shall not request the Issuer to refund the relevant payment or assume the relevant responsibility due to that it is not the intention of the Cardholder to do so or otherwise. If the PIN is lost or disclosed, the Cardholder should use the valid ID to report loss of PIN immediately and do PIN reset or otherwise in accordance with the relevant procedure of the Issuer at the branches with personal financial service. The Cardholder will not be able to use such PIN to process the relevant transaction. If the Cardholder enters the PIN incorrectly for continuous 3 times, the Issuer has the right to lock such PIN. The Cardholder must use the valid ID to unlock such PIN at the branches with personal financial service. When the Cardholder processes the transactions at UOBC ATM and encounters the device malfunction or misoperations (including but not limited to the exceptional card, or unable to take back the card when the ATM dispenses the card) which cause the retain of UOBC Debit Card, the Cardholder should use the valid ID and the card retain advice by ATM to get the card at the branch which this 3

5 ATM belongs to from the next business day within 7 business days. If the Cardholder fails to get it within the said 7 business days, UOBC has the right to dispose this card. When the Cardholder processes the transactions at other banks ATM and encounters the device malfunction or misoperations which cause the retain of UOBC Debit Card, the UOBC Debit Card shall be taken back subject to the procedures and rules of the bank which this ATM belongs to and the Cardholder shall inquire about the relevant procedures and rules immediately after the card is retained so that the card can be retrieved as soon as possible The Cardholder should use the card and the valid ID to cancel the card at the Issuer s branches with personal financial service. And after all balances and fees must be settled, the card will be revoked and discarded by the Issuer. If the IC Chip Card to be canceled is intact, the E-cash balance thereunder will be automatically offloaded to the linked RMB Settlement Account, and the Cardholder can close the account at the same time. If the IC Chip Card to be canceled is damaged, the Cardholder can choose to give up the E-cash balance or not and the choice is irrevocable once made. For the Cardholder who chooses to remain the E-cash balance, the account can not be closed until 30 working days from the date of cancellation when the E-cash balance to be transferred back to the linked RMB Settlement Account, on the opposite, the account can be closed immediately and the E-cash balance will be counted as Issuer s non-operating income after 30 working days from the date of cancellation. The Cardholder should provide the authentic personal information to the Issuer, and should inform the Issuer in writing when the related information is magnificently changed. Otherwise all liabilities in connection with such changes of information shall be borne solely by the Cardholder. The Cardholders shall have the right to all kinds of services regarding UOBC Debit Card as promised by UOBC, and the right to supervise the service quality and complain against UOBC for its incompetent services. The Cardholders shall have the right to demand account statements from the branches with personal financial service of UOBC, to inquire about the account statements via the Issuer s customer service hotline, phone banking (if available by then) and self-service equipment, or print the transaction list in accordance with relevant provisions of the Issuer, and shall have the right to inquire about the transactions in question. To the extent permitted by the applicable laws, the Issuer is entitled, at any time in its absolute discretion and without giving prior notice or reason, to: a. b. c. d. Chapter 4 Rights and Obligations reject any proposed transaction; suspend the Cardholder s right to use UOBC Debit Card entirely or in respect of any specific facilities; refuse to re-issue or replace UOBC Debit Card, without, in any case, affecting the obligations of the Cardholder under this T&C which will continue in force and there will be no refund of any annual fees or other fees paid if the right to use UOBC Debit Card is so suspended by the Issuer or if UOBC Debit Card is not so replaced; and/or terminate the use of UOBC Debit Card. The Issuer shall not be liable to the Cardholder for any loss or damage incurred or suffered by it as a result of any of above actions. If the use of UOBC Debit Card is terminated by the Issuer for any reason, the Cardholder must forthwith return UOBC Debit Card to 4

6 26. the Issuer. There will be no refund of any annual or other fees payable upon the termination of the UOBC Debit Card for any reason. The Cardholder s obligations under this T&C will continue notwithstanding the termination of the use of UOBC Debit Card or closure of the account by any party for any reason. Regardless of whether any other terms or provisions of this T&C provide otherwise, the Issuer shall be entitled (but not obliged), at its sole discretion, to rely and act on any communication, requests or instructions which the Issuer in its sole opinion believes emanate from the Cardholder (whether orally or in writing and whether in person or over the phone or by facsimile or other means of telecommunication and whether genuine or with or without the Cardholder s consent or authority or whether the relevant transaction instruction is sent by Cardholder self directly or sent via any third party acceptable to the Issuer), and any action taken by the Issuer pursuant thereto shall bind the Cardholder and the Issuer shall not be liable to the Cardholder for any loss or damage incurred or suffered by it as a result of such action. The Issuer shall not be under any duty to verify the identity of any person communication purportedly as or on behalf of the Cardholder UOBC is not responsible for goods or services supplied by UOBC Debit Card merchant or the quality or performance of any goods and services pursuant to or in relation to any UOBC Debit Card. Cardholder is to seek redress directly from such merchant in respect of such goods, services or any transaction dispute between the Cardholder and the merchant. The Issuer is neither in any way responsible for the dispute nor liable if any merchant refuses to accept or honour UOBC Debit Card for any reason, and the Cardholder shall not refuse to pay for the transaction and related service fees to the Issuer. The liability of the Cardholder owing to the Issuer is not affected by any dispute or counterclaim or right of set-off which the Cardholder may have against such merchant. In particular, the Issuer shall be entitled to debit UOBC Debit Card account notwithstanding the non-delivery or non-performance of or any defect in any goods or service obtained pursuant to UOBC Debit Card transaction. UOBC Debit Card is owned by UOBC. If the Cardholder violates any articles of the PRC laws & regulations and this T&C, UOBC has the right to revoke the right of use of the card from the cardholder and delegates the counter for the revocation. For the avoidance of doubt, if UOBC fails to forfeit UOBC Debit Card for cancellation, the obligation of annual fee payment and other service fees remains with the Cardholder. The Issuer has the right to offset any monies standing to the other account opened by the Cardholder with UOBC of whatsoever description (including but not limited to current, savings, fixed or call deposit account) with any sums due to the UOBC by the Cardholder. The Issuer may appoint third party to forfeit or collect UOBC Debit Card or any amounts owed by the Cardholder and the Cardholder shall be responsible for all costs and expenses which may be incurred by UOBC for the above purpose. The Issuer shall have the right to apply for legal protection and to purse the economic and legal liabilities of the relevant party in the following cases: false report of loss, falsification of UOBC Debit Card, use of falsified or invalidated UOBC Debit Card and use of UOBC Debit Card under falsified identity, etc. In order to ensure the safety of funds in the accounts of the Cardholder, the Issuer shall have the right (but not the obligation) to temporarily suspend payments in relation to UOBC Debit Card account where it discovers any risk of use of UOBC Debit Card under a falsified identity. 5

7 32. The Issuer shall have the right to assist judicial or other authorities to inquire on, freeze or make deductions from UOBC Debit Card account of the Cardholder in accordance with the laws. 33. In the case of any disruption in use of UOBC Debit Card or the Issuer s failure to perform its obligations under this T&C as a direct or indirect result of any force majeure, any power failure or failure in system or computer (whether hardware or software) or machinery or equipment or communication network or any reasons not attributable to the Issuer, the Issuer, depending on the situation, will provide necessary assistance to the Cardholder but shall not be responsible for such disruption. In respect of any incorrect book entry as a result of the aforesaid reasons, proper accounting treatments will be given by UOBC to protect the rights and interests of the Cardholder and UOBC. For the avoidance of any doubt, the Issuer is not liable in any way to the Cardholder for any inconvenience, loss, damage or embarrassment of any nature due to or arising from any failure in the performance or function or breakdown or disruption of any the Issuer s computers (whether hardware or software), machinery, equipment, products and/or systems (whether electronic, telecommunicative or otherwise) maintained by, used for, by the Issuer or in connection with the Issuer s business or otherwise whatsoever, including but not limited to the failure or inability of such computers, machinery, equipment, products and systems or any one or more of them to accept, recognize, store, process and/or transmit dates or data with respect to dates In case the Cardholder use any value added services provided by third parities (including but not limited to SMS or mobile payment functions) or in case of any transaction processed by using UOBC Debit Card or via any entity transaction platform and/or virtual transaction platform including any third party transaction platform, and any defects or losses arising from his/her use of the value added services and/or processing transaction, the Issuer shall not be held liable. Unless this T&C or the relevant laws and regulations otherwise specified, the Issuer shall keep confidential the personal and account information and/or records ( Personal Financial Information ) of Cardholders. However, for the avoidance of any doubt, the Issuer shall bear no confidentiality obligations to the personal information set forth on the face of UOBC Debit Card (including but not limited to the name of the Cardholder and card number in block letters). The Issuer shall not be held liable for any losses to the Cardholder or anyone else caused due to the use of such information by any third party in any form. The Cardholder hereby authorizes the Issuer to disclose the Cardholder s Personal Financial Information to any of the following parties (wherever situated) and any third parties (wherever situated) selected by any of the following parties for the purpose of providing required product or service (including, without limitation, for transaction, data processing, statistic, tax, risk analysis, credit monitor, risk management): a. Any branch, sub-branch, subsidiary, affiliate and other related party of UOB (China); b. Any financial institutions, counterparties, agents, service providers, contractors and merchants; c. Any other person who has established or proposes to establish any business relationship with UOB (China) or recipient of Personal Financial Information. Any such person or entity may utilize such information in the course of any business carried on by him or it; and d. Any other party as permitted or required by any law, court, regulator or legal process binding on UOB (China). 6

8 The Cardholder acknowledges that it is fully aware that the Cardholder s Personal Financial Information provided by Issuer to the third party might be misused by such third party and losses might be incurred by the Cardholder as a result of the misuse. With such awareness, the Cardholder makes the above authorization The Issuer is not liable in any way to the Cardholder for any inconvenience, loss, damage or embarrassment of any nature due to or arising from any damage to or loss of or inability to retrieve any data or information that may be stored in any microchip, circuit or other storage medium howsoever caused. The Issuer is not liable in any way for any injury to the credit, character and reputation of the Cardholder in and about any repossession of UOBC Debit Card or any request for its return. The Cardholder must indemnify and keep UOBC fully indemnified against all claims, demands, action, proceedings, losses, damages, cost and expenses of any nature (including legal costs on an indemnity basis) suffered, incurred or sustained by UOBC, directly or indirectly, by reason of or in connection with this T&C, including without limitation: a. any use or misuse of UOBC Debit Card including without limitation all UOBC Debit Card transactions regardless of whether or not authorization has been sought and/or given; b. breach of any provision of this T&C on the part of the Cardholder; c. the enforcement or protection of UOBC s rights and remedies against the Cardholder under this T&C; d. any insufficiency of available funds in UOBC Debit Card account to meet a request for payment of any UOBC Debit Card transaction or settlement of any other liability hereunder; and/or e. any change in law, regulation or official directive which may have an effect on UOBC Debit Card account and/or this T&C. The Cardholder shall not hold UOBC or any UOBC Debit Card related party with which UOBC has the contractual relationship (including but not limited to China UnionPay Co., Ltd.) responsible for the act, omission, loss or damage suffered howsoever arising from and in connection with the use of any services including but not limited to medical, legal or transportation service, or responsible for the availability and use of UOBC Debit Card in the Cardholder s use any of the aforesaid services Under any circumstances the liabilities (if any) of the Issuer shall be limited to twice the amount of the relevant transaction. Notwithstanding the above and without prejudice to the generality of other terms and provisions of this T&C, UOBC is not liable in any way to the Cardholder for any other loss, damage, cost or expense of any nature arising out of or in connection with the use of UOBC Debit Card and/or this T&C. Chapter 5 Interest and Fee The Issuer has the right to charge all service fees, including but not limited to annual fees and card costs, in accordance with tariff and standards. The Issuer has the right to deduct the amount equivalent to the required amount from the accounts opened by the Cardholder with Issuer. In case the balance of the said Cardholder s accounts is not sufficient for the deductions, the Issuer shall be entitled to suspend or terminate the provision of relevant services. The Issuer has the right to make and adjust the tariff and standards, or the functions and methods of usage of UOBC Debit Card, according to PRC related regulations and the issuance 7

9 requirements of all types of UOBC debit cards. The tariff can be executed after the public announcement. In case the tariff and standards or the functions and methods of usage of UOBC Debit Card that the Cardholder agreed to at the application of the card change, the Cardholder can choose to or not to use the card and related services during the period of public announcement. In the absence of any cancellation of UOBC Debit Card requested by the Cardholder after such announcements has been made, the Cardholder shall be deemed to have accepted such adjustments Interest shall accrue on the amounts in UOBC Debit Card account (except for the E-cash Account of IC Chip Card). The Issuer shall calculate and pay the interest to the Cardholder according to the PBOC s related deposit interest rate and interest calculation methods, and also if applicable, withhold the interest of deposit tax as personal income tax under PRC law. Chapter 6 Supplementary Terms Any matters not explicitly stated in this T&C will be governed by PRC relevant laws, rules and regulations. UOBC reserves the right of final explanation, announcement and implementation of this T&C in accordance with relevant laws and regulations. UOBC shall have the right to revise under the PRC laws and regulations. In the case of any amendment to this T&C, public announcements at the Issuer s branches or on its website or personal notices to the Cardholders will be made to that effect. In the absence of any cancellation of UOBC Debit Card requested by the Cardholder after such public announcements' announce periods have expired or the objection periods contained in such personal notices have passed, the Cardholder shall be deemed to have acknowledged and accepted such amendments to this T&C. The most up-to-date effective version of Terms & Conditions for Debit Card of UOBC shall be deemed as continuously applicable between UOBC and the Cardholder. If any one or more of the provisions of this T&C or any part thereof is declared to be illegal, invalid or unenforceable under the applicable laws, it will not affect the legality, validity or enforceability of the remainder of this T&C. The remedies under this T&C are cumulative and are not exclusive of the remedies provided by the laws. No forbearance or failure or delay by the Issuer in exercising any right, power or remedy is to be deemed to be a waiver or partial waiver thereof on the part of the Issuer; and no waiver by the Issuer of any breach of this T&C on the part of the Cardholder is to be considered as a waiver of any subsequent breach of the same or any other provision of this T&C. The Cardholder may not assign his/her rights and/or obligations under this T&C. The Issuer may, without prior consent of the Cardholder or notice to the Cardholder, assign any or all of its rights and/or obligations under this T&C to any other third party as permitted by applicable law 52. This T&C shall be governed by and construed in all respects in accordance with the laws of the People s Republic of China. Any dispute related hereof shall be submit to the jurisdiction of the court where the Issuer is located. 8

10 53. The accounts linked to UOBC Debit Card shall be governed by UOBC's Terms and Conditions Governing Individual Accounts and Services, as amended and supplemented from time to time, (collectively, the Accounts T&C ). This T&C is additional to the Account T&Cs and other those governing account operation and any other agreements that the Cardholder has with the Issuer. In the event of any conflict, the T&C shall prevail to the extent of such conflict with respect to the use of UOBC Debit Card. 54. This T&C is made in Chinese and English versions and both have the same legal effects provided that in case of any inconsistency, the Chinese version shall prevail. 9