The Agreement applies to HSBC Pulse UnionPay Dual Currency Diamond and
UnionPay Dual Currency credit cards issued by us.
Your significant liabilities and obligations under the Agreement are
summarised below for your particular attention. You should read the full
version of the Agreement (which will prevail in the event there is any
inconsistency with the following). By using (which includes activating) your
card, you will be considered to have accepted the Agreement and will be
bound by it. The terms used in this document are defined at the end.
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You should not transfer your card or PIN or allow any other person to
use your card or PIN. You should sign your card as soon as you receive
it.
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Except as referred to in paragraph (v) below, you are responsible for
the card account and all card transactions (including all related fees
and charges). You are responsible even if:
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you do not sign a sales slip (including where a card transaction
may be effected by telephone, mail, electronic means or direct
debit arrangement without a sales slip or without your signature)
or the signature on the sales slip is different from the signature
on your card;
- the card transaction is effected involuntarily; or
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you have any dispute with any merchant involved in a card
transaction.
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You are required to comply with the credit limit on your card. We may
reject card transactions in excess of the credit limit. However, we
also have discretion to allow such card transactions without notice to
you, unless we have received and processed your request to opt out
from our over-the-limit facilities. Even if we accept your opt-out
request, certain card transactions in excess of the credit limit may
still be allowed, including any card transaction which is not
immediately processed by us or does not require our authorisation for
effecting payment.
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If you do not pay the statement balance of your card in full on or
before the payment due date, we may charge, without prior notice, a
finance charge even if you have paid the minimum payment due in full.
If you do not pay the minimum payment due in full on or before the
payment due date, we may charge, without prior notice, a late charge
in addition to the finance charge. We may vary the fees and charges
from time to time. Our "Bank tariff guide for HSBC Retail Banking and
Wealth Management Customers" has details of various fees and charges
including the applicable rates or amounts. That guide is available at
our website or upon request at any of our branches in Hong Kong.
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You should notify promptly our Card Centre of any transaction shown in
any card statement that was not authorised by you. You should notify
us within 60 days of the date of the statement and in such manner as
we may accept from time to time. If you do not notify us within the
specified period, the transactions shown on the statement will be
considered as correct, conclusive and binding on you and you will be
deemed to have waived any right to raise any objection or pursue any
remedies against us in relation to such transactions.
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All payments to us under or in connection with the Agreement
(including the outstanding balance in your card account, interest,
fees and charges) must be paid in full. You will not deduct any sums
owed by us to you from any payments made or to be made by you under or
in connection with the Agreement. If a deduction on account of tax or
a similar charge or any other reason is required by applicable laws or
regulations, or we are later obliged under applicable laws or
regulations to return any money received by us in payment of the
amount owing, you must make up the payment so that we receive the full
amount owing under or in connection with the Agreement. You will upon
our request, deliver promptly evidence satisfactory to us that you
have complied with applicable deduction or withholding obligations.
You hold us harmless and agree to fully indemnify us on demand for all
consequences of any failure to comply with such obligations including
any claim which may be made against us by any authorities.
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If you are the primary cardholder, you will be liable for the use of
your primary card as well as the use of each additional card. We have
full discretion in recovering indebtedness (including all fees and
charges) incurred by an additional cardholder from the primary
cardholder or that additional cardholder or both. If you are an
additional cardholder, you will not be liable for the use of any
additional card issued to another additional cardholder or the use of
the primary card.
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We are entitled to combine or consolidate the outstanding balance on
your card account with the balance on any other account which you
maintain with us without prior notice. If you are the primary
cardholder, our right will extend to the outstanding balance on the
card account of any additional cardholder. We are entitled to set off
or transfer any money standing to the credit of any other account
which you maintain with us in or towards settlement of your liability
to us under the Agreement.
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We may terminate or suspend your card (whether the primary card or an
additional card) at any time without giving you prior notice or any
reason. You may terminate your card at any time. If you wish to
terminate your card, you have to give us written notice and return to
us your card and all additional cards, if any
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Upon the termination of your card for any reason or upon your
bankruptcy or death, the following amounts will become immediately due
and payable in full to us:
- the outstanding balance on your card account; and
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the amount of any card transactions effected but not yet charged
to your card account.
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If you fail to pay any amount to us when due or if you breach any
terms or conditions of the Agreement, we may enforce our rights or
pursue remedies to collect or recover any outstanding amount. We are
entitled to employ agents or service providers for such purposes. You
are required to indemnify and reimburse us for all reasonable amounts
of costs (including legal fees) and expenses reasonably incurred by us
in collecting or recovering any outstanding amount.
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Except as set out in paragraph (m) below, you will indemnify and
reimburse (i) us, (ii) our agents and nominees, and (iii) our officers
and employees and that of our agents or nominees for the following
items which we or they may incur or suffer as a result of or in
connection with your use of our or our providing equipment, facilities
or services to you under the Agreement:
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all actions, proceedings and claims which may be brought by or
against us or them; and
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all losses, damages and reasonable amounts of costs and expenses.
The indemnity shall continue after the termination of the Agreement.
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If it is proved that any actions, proceedings, claims, losses, damages
or amounts set out in paragraph (l) above was caused by gross
negligence or wilful default of (i) ours, (ii) our agents or nominees,
or (iii) our officers or employees or that of our agents or nominees,
then you are not liable under paragraph (l) above to the extent that
it is direct and reasonably foreseeable arising directly and solely
from such gross negligence or wilful default.
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We may separately issue or vary additional terms and conditions
relating to card benefits from time to time. The terms and conditions
relating to a card benefit set out the eligibility criteria,
conditions, limits, guidelines or directions applicable to that card
benefit.
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You should not use your card for payment of any gambling or other
transaction which is illegal under any applicable laws.
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We have the right to vary the terms and conditions of the Agreement,
interest rates, finance charges or other fees or charges from time to
time. We will give you prior notice in a manner we consider
appropriate. You will be bound by a variation unless your card is
returned to us for termination before the date on which that variation
takes effect.
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You agree to inform us promptly and in any event, within 30 days in
writing if there are any changes to Your Information supplied to us or
a member of the HSBC Group from time to time, and to respond promptly
to any request for Your Information from us or a member of the HSBC
Group.
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Your card account consists of a Hong Kong dollar sub-account and a
Renminbi sub-account. We set the credit limit on your card in Hong
Kong dollar. That credit limit is allocated between the two
sub-accounts based on your allocation request in your card
application.
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If you effect a card transaction in Renminbi, we will debit that card
transaction to your Renminbi sub-account. If you effect a card
transaction in Hong Kong dollar, we will debit that card transaction
to your Hong Kong dollar sub-account. If you effect a card transaction
in a currency other than Hong Kong dollar and Renminbi, we will debit
that card transaction to your Hong Kong dollar sub-account after
conversion into Hong Kong dollar. The exchange rate will be determined
by us by reference to the exchange rate adopted by UnionPay on the
date of conversion. We will also debit to your Hong Kong dollar
sub-account a percentage of the card transaction charged by us and any
transaction fee (in full or in part) charged by UnionPay to us.
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You can use your card at an ATM to access one Hong Kong dollar bank
account ("Linked Account") only. If you withdraw cash at
UnionPay ATMs in Hong Kong, you may select to withdraw from the Linked
Account as a cash withdrawal or from your Hong Kong dollar sub-account
as a cash advance. If you withdraw at UnionPay ATMs (including HSBC
ATMs) in Mainland China, we will treat the withdrawal as a cash
advance from your Renminbi sub-account. If you withdraw at UnionPay
ATMs outside Mainland China and Hong Kong and have sufficient funds in
the Linked Account to cover the entire amount of the cash withdrawal,
we will treat the withdrawal as cash withdrawal from the Linked
Account. If you withdraw at UnionPay ATMs outside Mainland China and
Hong Kong an amount greater than the available balance in the Linked
Account, we will treat the entire withdrawal amount as a cash advance
from your Hong Kong dollar sub-account.
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Your card statement will include separate sections specifying the
payment details of each sub-account. You should pay the amount
outstanding on each sub-account separately in its own currency. We
will not convert or transfer any credit balance in one sub-account to
settle outstanding balance in the other sub-account.
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You should safeguard your card and PIN by taking appropriate security
measures. You should promptly report any loss, theft, disclosure or
unauthorised use of your card or PIN. You will be liable for all cash
advances and all other transactions effected by unauthorised use of
your card or PIN before we or any member of UnionPay receive report of
loss, theft, disclosure or unauthorised use. If you report loss,
theft, disclosure or unauthorised use of your card or PIN in
accordance with the Agreement, your maximum liability for unauthorised
transactions (other than cash advances) is HK$500 each of for your
Hong Kong dollar sub-account and Renminbi sub-account.
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However, please note that the limits referred to in paragraph (v)
above DO NOT APPLY (and you will be liable for the full amount) in the
cases below:
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if you have knowingly (whether or not voluntarily) permitted any
other person to use your card or PIN; or
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if you have acted fraudulently or with gross negligence in using
or safeguarding your card or PIN. Your failure to follow any of
the security measures recommended by us from time to time
regarding the use or safekeeping of your card or PIN may be
treated as your gross negligence.
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We may suspend your Hong Kong dollar sub-account or Renminbi
sub-account (or both) at any time without giving you prior notice or
any reason.
Definitions
ATM means an automated teller machine.
Connected Person means a person or entity (other than you) whose
information (including Personal Data or Tax Information) is provided by
you, or on your behalf, to any member of the HSBC Group or which is
otherwise received by any member of the HSBC Group in connection with the
provision of the Services. A Connected Person may include any
guarantor, a director or officer of a company, partners or members of a
partnership, any "substantial owner", "controlling person", or beneficial
owner, trustee, settlor or protector of a trust, account holder of a
designated account, payee of a designated payment, your representative,
agent or nominee, or any other persons or entities with whom you have a
relationship that is relevant to your relationship with the HSBC Group.
HSBC Group means HSBC Holdings plc, its affiliates, subsidiaries,
associated entities and any of their branches and offices (together or
individually), and member of the HSBC Group has the same meaning.
Personal Data means any information relating to an individual from
which such individual can be identified.
PIN means personal identification number or any code or number that
is used by us to identify you when you access information, give
instructions or make a transaction using a card, internet banking,
phonebanking or any other service.
Services includes (a) the opening, maintaining, closing and
terminating of your accounts or cards (including additional cards), (b)
the provision of credit facilities and other banking products and
services, processing applications, credit and eligibility assessment,
and (c) maintaining our overall relationship with you, including
marketing services or products to you, market research, insurance, audit
and administrative purposes.
Tax Information means documentation or information about your tax
status or the tax status of a Connected Person.
UnionPay ATM means any ATM bearing the logo of China UnionPay
Company Limited that accepts your card.
Your Information means all or any of the following items relating
to you or that of a Connected Person, where applicable: (i) Personal
Data, (ii) information about you, your accounts, cards (including
additional cards), transactions, use of our products and services and
your relationship with the HSBC Group and (iii) Tax Information.
Effective from 2 Dec 2019
NOTE: In case of discrepancies between the English and Chinese versions, the
English version shall apply and prevail.