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| IMPORTANT
The Verified by Visa service
("Verified by Visa") is provided by BOC
Credit Card (International) Limited ("Company")
jointly with Visa International to cardholders
of valid Visa credit cards issued by the
Company ("Card") on the following terms
and conditions. Please read these terms
and conditions carefully before registering
for Verified by Visa.
These terms and conditions
supplement and are deemed incorporated into
the cardholder user agreement(s) governing
the use of the Card ("Cardholder Agreement").
In addition to these terms and conditions,
Verified by Visa is also subject to the
rules, regulations and guidelines applicable
to Verified by Visa from time to time issued
by the Company and Visa International.
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ACCEPTANCE OF TERMS |
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- The use of Verified by Visa by the
Cardholder is subject to the terms and
conditions herein as may be amended by
the Company from time to time ("Terms
and Conditions"). The most current
version of the Terms and Conditions is
available on the web site of the Company
at www.boci.com.hk.
- The registration, activation or use
of Verified by Visa by the Cardholder
will constitute conclusive evidence of
the Cardholder's acceptance of the Terms
and Conditions and that continued use
of Verified by Visa after the Cardholder
has been advised of revisions to the Terms
and Conditions shall constitute the Cardholder's
agreement to accept and be bound by such
revised terms.
- Unless explicitly stated otherwise,
any new features that augment, enhance
or otherwise change Verified by Visa shall
be subject to the Terms and Conditions.
- The Company reserves the right at any
time and from time to time to modify or
discontinue, temporarily or permanently,
Verified by Visa (or any part thereof)
with or without notice.
- Upon the request of the Company, the
Cardholder shall sign a non-electronic
version of the Terms and Conditions.
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DESCRIPTION OF VERIFIED
BY VISA |
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| Verified
by Visa is a service provided by the Company
jointly with Visa International to protect
the use of the Card by a Cardholder on the
Internet by requiring the Cardholder to
verify his/her identity using a password
(or such other authentication information
or tools from time to time prescribed by
the Company) assigned to or selected by
him/her ("Password"). The Password is required
when the Cardholder uses his/her Card to
make online or other transactions at the
web sites of any Verified by Visa participating
merchants ("VBV Merchants"). Registering
for Verified by Visa involves providing
certain personal information of the Cardholder
to the Company and/or Visa International,
which is then used to confirm the identity
of the Cardholder in connection with future
online or other transactions for which Verified
by Visa is used ("VBV Transactions"). |
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REGISTRATION |
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- The Cardholder shall comply with any
registration procedures that the Company
may from time to time prescribe in order
to use Verified by Visa. For the purpose
of registration, certain information of
the Cardholder is to be transmitted by
the Company to Visa International and
other relevant third parties to validate
the identity of the Cardholder. The Cardholder
hereby authorizes the Company to use any
information that the Company may have
in its possession relating to and provided
by the Cardholder to register for Verified
by Visa ("Registration Data")
and disclose the Registration Data to
Visa International and other relevant
third parties for purposes related to
Verified by Visa.
- The Cardholder undertakes to maintain
and promptly update the Registration Data
to keep it true, accurate, current and
complete and upon the request of the Company
provide such information to the Company
as it sees fit.
- If the Cardholder has not successfully
registered for Verified by Visa, the Company
and/or the VBV Merchants may not accept
his/her Card in payment for any VBV Transactions.
- In order to use Verified by Visa, the
Cardholder must have the ability to access
the World Wide Web and must pay any service
fees associated with such access. In addition,
the Cardholder must have the equipment
necessary to make such a connection to
the World Wide Web, including a computer
and modem or other access device.
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AUTHENTICATION |
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- The Cardholder will be provided with
a Password upon activation of Verified
by Visa in the manner prescribed by the
Company. The Cardholder may change the
Password by specifying his/her own password
and hint-and-response question and answer.
When engaging in any VBV Transactions,
the Cardholder may be asked to enter his/her
Password and/or the hint-and-response
answer before the relevant VBV Merchant
accepts his/her Card in payment for the
transaction. If the Cardholder is unable
to provide his/her Password and/or the
hint-and-response answer, or if the authentication
through Verified by Visa otherwise fails,
the Company and/or the relevant VBV Merchant
may not accept his/her Card in payment
for that transaction.
- By activating or using Verified by
Visa, the Cardholder assents to the use
of Verified by Visa to evidence his/her
identity, including for purposes of authorization
of transactions authorized in advance
to recur at substantially regular intervals.
- The Cardholder must strictly observe
any rules, regulations and guidelines
from time to time issued by the Company
and Visa International on using the Password
and/or hint-and-response answer and the
Company is not responsible for any loss
or damage incurred as a result of non-observance
thereof by the Cardholder.
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PRIVACY POLICY |
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- The Company undertakes that it will
not share any Registration Data with any
VBV Merchants in any transactions for
which Verified by Visa is used.
- The Cardholder acknowledges and agrees
that the Registration Data may be disclosed
by the Company to other third parties
if required to do so by Applicable Law,
as defined in Section 7(a)(ix) below,
in the good faith belief that such preservation
or disclosure is permitted by Applicable
Law, or as reasonably necessary to (i)
comply with legal process or (ii) enforce
the Terms and Conditions.
- The Registration Data and all personally
identifiable information about the Cardholder
are subject to the Company's privacy policy
which can be viewed from the Company's
web site at www.boci.com.hk. The Cardholder
may also request for a hardcopy of such
privacy policy from the Company.
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CARDHOLDER PASSWORD AND
SECURITY |
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| The Cardholder
shall be solely responsible for maintaining
the confidentiality of his/her Password,
Registration Data and other verification
information (such as the hint-and-response
answer) in connection with Verified by Visa
and all activities or transactions involving
the use of any of the above. The Cardholder
agrees not to transfer or assign his/her
use of, or access to, Verified by Visa to
any third party. The Cardholder shall immediately
notify the Company of any unauthorized use
of his/her Password or other verification
information, or any other breach of security
in accordance with the notification procedure
as set out in the Cardholder Agreement or
such other procedure from time to time prescribed
by the Company. The Cardholder acknowledges
and agrees that, except as otherwise provided
by Applicable Law or in the Cardholder Agreement,
the Company shall not be liable for any
loss or damage arising from the failure
by the Cardholder to comply with the Terms
and Conditions. |
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OBLIGATIONS OF CARDHOLDER
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| The Cardholder
agrees not to:
- impersonate any person or entity using
Verified by Visa;
- upload, post, email or otherwise transmit
any material that contains software viruses
or any other computer code, files or programs
designed to interrupt, destroy or limit
the functionality of any computer software
or hardware or telecommunications equipment
used by Verified by Visa;
- spam or flood the Verified by Visa
Website or service;
- modify, adapt, sub-license, translate,
sell, reverse engineer, decompile or disassemble
any portion of the Verified by Visa Website
or service or the software used in connection
with Verified by Visa;
- remove any copyright, trademark, or
other proprietary rights notices contained
in Verified by Visa;
- "frame" or "mirror"
any part of the Verified by Visa Website
or service without the prior written authorization
of the Company and/or Visa International;
- use any robot, spider, site search/retrieval
application, or other manual or automatic
device or process to retrieve, index,
"data mine" or in any way reproduce
or circumvent the navigational structure
or presentation of the Verified by Visa
Website or service or its contents;
- otherwise interfere with, or disrupt,
Verified by Visa or servers or networks
connected to Verified by Visa, or violate
the Terms and Conditions or any requirements,
procedures, policies or regulations of
Verified by Visa or of any networks connected
to Verified by Visa; or
- intentionally or unintentionally violate
any applicable law, regulation, regulatory
guideline or judicial or administrative
interpretation, or any rule or requirement
established by Visa International (all
of which shall be referred to as "Applicable
Law") in connection with the use
of Verified by Visa.
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LIABILITY |
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- The Cardholder agrees that the Company
shall not be liable to the Cardholder
or to any third party for any modification,
suspension or discontinuance of Verified
by Visa.
- Under no circumstances will the Company
be liable for consequential, incidental,
special or indirect losses or other damages,
such as any damage to the Cardholder's
computer equipment or telephone service
resulting from the use of Verified by
Visa by the Cardholders.
- The Company assumes no responsibility
for, and will not be liable for, any damages
to, or any viruses which may affect, the
Cardholder's computer equipment or other
property as a result of the Cardholder's
access to, use of, or downloading from,
the web sites of the Company or Visa International.
- Although the Company and Visa International
will use all commercially reasonable efforts
in ensuring the security of all VBV Transactions,
the Password or the hint-and-response
answer, neither the Company nor Visa International
can guarantee the absolute security in
respect thereof especially in circumstances
(without limitation) where fraud or internet
crime is involved. The Cardholder acknowledges
the potential risks inherent in transmitting
information over the internet and agrees
and confirms that the Company shall not
be responsible for any loss or damage
incurred as a result of the use of Verified
by Visa by the Cardholder regardless of
whether the rules, regulations and guidelines
applicable to Verified by Visa have been
strictly observed by the Cardholder.
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TERMINATION |
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- The Cardholder may, by written notice
to or through such other mode of communication
as may from time to time be prescribed
by the Company, request the Company to
terminate Verified by Visa in respect
of his/her Card. The Company will terminate
Verified by Visa in respect of the Card
within 7 working days (excluding Saturdays)
after actual receipt of a notification
from the Cardholder for such purpose.
- The Company may, without prior notice
to the Cardholder and regardless of whether
the Cardholder is at fault, temporarily
or permanently deactivate the Verified
by Visa at any time. Any online or other
transactions made by the Cardholder using
Verified by Visa prior to deactivation
will not be affected.
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DEALINGS WITH MERCHANTS
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| The correspondence
or business dealings with, or participation
in promotions of, any VBV Merchants on or
through Verified by Visa, including payment
and delivery of related goods or services,
and any other terms, conditions, warranties
or representations associated with such
dealings, are solely between the Cardholder
and such VBV Merchants. The Cardholder agrees
that, except as otherwise provided by Applicable
Law or in the Cardholder Agreement, the
Company shall not be responsible or liable
for any loss or damage of any sort incurred
as the result of any such dealings. The
Cardholder hereby acknowledges and confirms
that the Company does not and shall not
verify the identity of any VBV Merchants
or the quality of the VBV Merchants' goods
or services, regardless of whether the merchant
participates Verified by Visa or not. |
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DISCLAIMER OF WARRANTIES |
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- The Cardholder expressly acknowledges
and agrees that any software obtained
through the use of Verified by Visa is
downloaded and used at the sole discretion
and risk of the Cardholder and that except
as otherwise provided in the Terms and
Conditions, the Cardholder will be solely
responsible for any damage to his/her
computer system or loss of data that results
from the download or use of any such software
or other materials through Verified by
Visa.
- EXCEPT AS OTHERWISE REQUIRED BY ANY
APPLICABLE LAW, THE COMPANY MAKES NO REPRESENTATIONS
OR WARRANTIES (WHETHER EXPRESS OR IMPLIED)
ABOUT VERIFIED BY VISA INCLUDING, WITHOUT
LIMITATION, ANY WARRANTIES AS TO MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE.
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NOTICE |
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| Any statement,
notice or demand given by the Company hereunder
shall be deemed to have been received by
the Cardholder (i) if by post, within two
days of it being posted by prepaid post
to the Cardholder's last known address in
Hong Kong or, if the Cardholder's last known
address is outside Hong Kong, within six
days of it being posted by prepaid post
to such address by airmail; and (ii) if
by e-mail, immediately after transmitting
to the Cardholder's e-mail address last
notified in writing to the Company if the
same was not returned undelivered. |
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AGE AND RESPONSIBILITY
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| The Cardholder
represents that he/she is of sufficient
legal age to use Verified by Visa and to
create binding legal obligations for any
liability he/she may incur as a result of
the use of Verified by Visa. Except as otherwise
provided by the Applicable Law or in the
Cardholder Agreement, the Cardholder understands
and acknowledges that he/she is responsible
for all activities or transactions involving
his/her use of Verified by Visa whether
by the himself/herself or by any other third
party. |
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GOVERNING LAW AND JURISDICTION
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| This Agreement
shall be governed by and construed in accordance
with the laws of the Hong Kong Special Administrative
Region ("Hong Kong") and the Cardholder
irrevocably submits to the non-exclusive
jurisdiction of the Hong Kong courts. |
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