Important Terms and Conditions of BOC RMB Credit Card
| The important terms and conditions of the BOC RMB Credit Card User Agreement ("User Agreement") are summarized below for your reference and you should read the User Agreement (available at our principal place of business or on our website at www.boci.com.hk) which shall be binding on you. | |
| 1. | Approval of this credit card application and issue of any credit card ("Card") to you is subject to our satisfactory verification of the data stated in this application form and the documents supplied by you and to our credit policy from time to time in force. We reserve the right to refuse your application without assigning any reason therefor. |
| 2. | Immediately upon receipt of the Card, you have the responsibility to sign the Card on the space provided, and if so required by us activate the Card by acknowledging receipt of it or by other means according to our instructions. Your signature on the Card, or use or activation of the Card shall constitute conclusive evidence of your agreement to be bound by the terms and conditions of the User Agreement. |
| 3. | Use of the Card is restricted exclusively for bona fide purchase of goods and/or services and/or cash advances only and you shall not use the Card for any other purpose, in particular any illegal purpose including without limitation payment for any illegal transaction. You shall also observe all laws and regulations from time to time in operation in Mainland China in relation to any transaction conducted with the Card in Mainland China. |
| 4. | You shall not transfer the Card to any person or allow any person to use the Card or pledge the Card as security for whatever purpose. |
| 5. | The Card is denominated in CNY and is only valid for use within Mainland China, Hong Kong and such other places from time to time designated by us for bona fide purchase of goods and/or services from merchant establishments which are connected to the POS system of China UnionPay Company Limited ("CUP") and/or cash advances effected at ATM from time to time designed by us. |
| 6. | All transactions effected by the use of the Card in currencies other than CNY shall be debited to the Account after conversion into CNY at a rate of exchange determined by reference to the exchange rate adopted by CUP on the date of conversion plus an additional percentage charged by us. In addition, we shall be entitled to charge a conversion fee as set out in our BOC RMB Credit Card Fees Schedule ("Fees Schedule"). |
| 7. | You shall strictly observe the credit limit, the cash advance limit and the daily cash advance limit imposed by us from time to time and shall not use the Card in excess of such limits. Breach of the foregoing shall not in any way reduce or discharge your liability for payment of any sums arising as a result of such breach. You shall forthwith upon demand pay to us any amount in excess of such limits. |
| 8. | You will receive from us a statement in respect of the Account ("Statement") on a monthly or other periodic basis showing (among other things) the last date of the statement period ("Statement Date"), the balance in the Account as at the Statement Date ("Current Balance"), the minimum repayment amount in respect of the Current Balance and the due date for repayment of the Current Balance ("Due Date"). You agree to verify the transaction details of the Statement and notify us in writing of any error or unauthorized transactions within 60 days from the date of the Statement. Otherwise, we shall be entitled to treat all transactions shown on the Statement as correct and conclusive. |
| 9. | You acknowledge and agree that in the event the whole of the Current Balance is not settled on or before the relevant Due Date and to the extent the same is not subject to any dispute, we are entitled to charge on the unpaid balance such handling fee, late charge, interest and/or other fees as set out in our Fees Schedule. |
| 10. | If any payment is made in currencies other than CNY, such payment shall be credited into the Account after conversion into CNY at a rate of exchange determined by us in which case we shall be entitled to charge a conversion fee as set out in the Fees Schedule. |
| 11. | All applicable fees, charges and interest payable in respect of the issue and use of the Card are set out in our Fees Schedule. A copy of the Fees Schedule is available at our principal place of business or on our web site at www.boci.com.hk. |
| 12. | Where additional card(s) is/are issued to you, we may treat any or all fees, charges and/or interests arising out of the use of any additional card as though they were incurred by the main cardholder and payment made by the main cardholder shall be applied towards repayment of the respective sums of moneys due from the main cardholder and from the additional cardholder(s) in such order and proportions as we may in our sole discretion determine from time to time. |
| 13. | You acknowledge that the Card is our property. You agree to take all necessary measures to keep the Card safely under your personal control and the personal identification number ("PIN") secret and use the Card in accordance with the procedures, instructions and/or security guidelines from time to time issued by us to prevent fraud. |
| 14. | It is your responsibility to report as soon as reasonably practicable to us and to the police of any loss, theft and/or unauthorized use of the Card and/or PIN or suspected unauthorized use of the Card or any counterfeit card. |
| 15. | You shall repay all sums due to us immediately upon our demand. |
| 16. | Provided that you have acted in good faith and with due care (including taking all necessary precautions to safeguard the Card and to report loss, theft and/or unauthorized use of the Card as soon as practicable) in handling the Card, your liability for loss, theft and/or unauthorized use of the Card shall not exceed the maximum amount from time to time prescribed by applicable laws or regulatory directives. |
| 17. | You shall be fully liable for all loss and damage arising out of or in connection with the loss, theft and/or unauthorized use of the Card if you have acted fraudulently or with gross negligence, or have failed to take all necessary precautions to prevent such loss, theft and/or unauthorized use of the Card, or if the unauthorized use of the Card involves the use of your PIN with or without your knowledge and shall indemnify us against all losses, damages, liabilities and all reasonable costs and expenses incurred as a result thereof. |
| 18. | Where any additional card is issued, a main cardholder shall (jointly and severally with the additional cardholders) be liable to us for any and all transactions effected and/or liabilities incurred by the additional cardholders and/or through the use of the additional cards whereas an additional cardholder shall be liable only for the transactions effected and the liabilities incurred by him through the use of his additional card. |
| 19. | You authorize us at any time to instruct or request any bank with which you may have an account to deduct from such account and repay us any amount due from you to us. |
| 20. | You acknowledge that we are entitled to appoint debt collection agencies and/or institute legal proceedings at any time without prior notice to you to recover any amount from time to time due to us. You agree to indemnify us against all costs and expenses reasonably incurred in connection with the appointment of debt collection agencies provided that the total collection costs recoverable against you shall in normal circumstances not exceed 30% of the aggregate outstanding balance of your account, and against all legal costs and expenses reasonably incurred by us in enforcing payment via legal process. |
| 21. | We may in our sole discretion from time to time (i) change any of the terms and conditions of the User Agreement and/or the Fees Schedule; (ii) change any amounts, percentages, penalty rates or other fees and charges contained in the Fees Schedule; and (iii) impose any new fees and charges in respect of any current or new services, and you shall be bound by the above if you continue to use the Card after the relevant effective date provided that if any of the above will affect fees and charges or otherwise your liability or obligation and is not necessitated by any circumstances beyond our control, we shall give you not less than 30 days' notice. You may terminate the Card in accordance with the User Agreement if you do not accept our proposed change. |
| 22. | We may at any time without notice and without giving any reason suspend the Card, suspend or otherwise cancel any services offered through the Card, and/or disapprove any transaction to be effected by the Card. |
| 23. | You may at any time terminate the Card by giving not less than 14 days' prior written notice to us provided that you shall remain liable for the outstanding balance of the Account together with all transactions effected through the use of the Card and any fees and charges which have not yet been posted to the Account notwithstanding such termination until all sums due under the Account (whether or not posted to the Account) are paid in full. |
| 24. | Where the Card is incorporated with ATM facility, the use of the Card shall be subject to the terms and conditions of use as stipulated by the relevant ATM facility provider(s) (including without limitation our "ATM Services Terms and Conditions"). |
| 25. | If there is any inconsistency or conflict between the English and the Chinese versions of these terms and conditions, the English version shall prevail. In the event of any inconsistency between the terms and conditions stated herein and the User Agreement, the User Agreement shall prevail. |
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