This Agreement is an agreement between you and 8V.
- Main Terms
1. This Agreement applies to various credit cards (“Cards”) issued or operated by 8V and/or its successors and assigns (hereinafter referred to as “8V”, “we”, “our”, “us”) under its credit card programs (including but not limited to credit and/or credit services), and related services provided to you as a cardholder by 8V and/or its affiliates, subsidiaries, related entities and any of their branches and offices (hereinafter collectively referred to as “8V”).
2. Please read this Agreement carefully before using your Card. By using (including upon approval and activation) your Card, you will be deemed to have accepted and be bound by all terms and conditions of this Agreement applicable to your Card. Your use of the Card is also subject to any additional terms and conditions that 8V may implement from time to time. In the event of any inconsistency between the terms of this Agreement and other terms and conditions (if any), the terms of this Agreement will prevail. Capitalized terms used in this Agreement are defined at the end.
3. Any rights and/or permissions granted to 8V under this Agreement shall be in addition to the agreements or other relationships between contracts or other relationships set forth in other terms and conditions. You further agree and acknowledge that notwithstanding that such rights and permissions may be inconsistent therewith, nothing in the other terms and conditions shall be construed as limiting or restricting 8V’s rights and permissions under this Agreement.
- Your Responsibilities
4. You understand and acknowledge that the issuance of the card is based on the fact that the information you provide is true, complete and accurate.
(a) You are responsible for your Card Account and all Card transactions (including all associated fees and charges). You are responsible even if:
(i) you do not sign the sales slip (including where a card transaction is conducted by telephone, mail, electronically or by direct debit arrangement without the need for a sales slip or your signature) or the signature on the sales slip is different from the signature on your card;
(ii) Card transactions were conducted unwillingly. You remain liable even after termination of your Card or this Agreement.
(b) You should not transfer your Card or PIN or allow any other person to use your Card or PIN.
(c) You should take appropriate security measures, including the following:
- (i) sign your Card immediately upon receipt;
- (ii) keep your Card in a safe place and under your personal control. You should treat your Card as cash;
- (iii) write down your card number in a safe place, separate from your card;
- (iv) Remember to retrieve your card after using the ATM;
- (v) ensure that your card is returned to you promptly after each card transaction;
- (vi) upon receiving notification of the assigned PIN, memorize the PIN and destroy the notification;
- (vii) ensure that the PIN is not visible to others when it is in use;
- (viii) change your PIN regularly;
- (ix) immediately change your PIN if it is, or could be, viewed by anyone else;
- (x) Do not write down or keep your PIN on or near your Card. You should keep any record of your PIN secret;
- (xi) Do not choose obvious numbers as your PIN (such as Hong Kong ID card number, date of birth, telephone number or other easily accessible personal information);
- (xii) do not use the same PIN for other services or purposes (such as connecting to the internet or accessing other websites);
- (xiii) Always complete the “Total” box on sales receipts and place a currency symbol before the number. Do not leave space for additional writing;
- (xiv) ensure that only one sales receipt is printed for each card transaction; and
- (xv) Keep a cardholder copy of each sales receipt and check it against your card statement.
You agree and acknowledge that the foregoing is not an exhaustive list of appropriate security measures you should take to protect your Card and PIN.
(d) You shall report any loss, theft, disclosure or unauthorized use of your Card or PIN in accordance with Section F.
(e) If you are the Primary Cardholder, you shall ensure that each Additional Cardholder uses and handles their Card and related matters in accordance with this Agreement.
In particular, you should note that even if you do not use or enjoy certain services and card benefits associated with your primary card, the additional cardholder may still use or enjoy certain services and card benefits associated with the additional card. In these cases, you should ensure that the additional cardholder uses or enjoys such services and card benefits in accordance with this Agreement and other terms and conditions (if any) governing such services and card benefits.
C. Credit Limit Allocation and Review
5. Your card has a credit limit for purchases and cash withdrawals. Please refer to your card statement and/or any notices from 8V for the applicable credit limit on your card. You will be subject to the credit limit on your card.
6. We set and review credit limits regularly. We may set or change the credit limit on your card at any time, as we deem appropriate, without prior notice to you. We set your credit limit based on the credit risk associated with your card account (including any spending and repayment patterns) and the type and value of the collateral you provide us with your application under Section 13(c). This means that we have absolute discretion to set and change your credit limit at any time, based on specific circumstances. In particular, we may reduce your credit limit (even to zero) without prior notice to you.
7. We reserve the right to set the credit limit on your card in Hong Kong Dollars or US Dollars at our sole discretion, and we may change the currency of the credit limit at any time.
8. We may deny card transactions that exceed your credit limit. However, we reserve the right to allow such card transactions without prior notice to you, unless we have received and processed your request to opt out of our over-credit limit service. Even if we accept your opt-out request, certain over-credit limit card transactions may still be allowed (each, an “Excluded Card Transaction”). Excluded Card Transactions include any card transactions that we do not immediately process or that do not require our authorization for payment. Examples of Excluded Card Transactions may include the following (depending on your card type):
- (i) Octopus Automatic Add Value Transaction;
- (ii) mobile or contactless payment transactions;
- (iii) approved transactions but delayed in recording;
- (iv) Transactions where the recorded amount exceeds the transaction amount due to exchange rate fluctuations in foreign exchange transactions;
- (v) Transactions approved by Visa or MasterCard Worldwide (as applicable) charged to your Card Account that may result in a transaction exceeding your credit limit.
You will be responsible for Card transactions that exceed your credit limit in accordance with the provisions of this Agreement.
9. Notwithstanding any other provision of this Agreement, we reserve the right to refuse a Card Transaction (particularly a Cash Withdrawal) with or without justifiable reason. We reserve the right to refuse a Card Transaction even if the Card Transaction is within the applicable credit limit, without prior notice to you.
D. Cash withdrawals and card transactions
10. Subject to Clause 9 (and the other terms of Section C), the usual cash advance limit will be 90% of your available credit limit. If you withdraw cash from an ATM, your cash withdrawal limit will also be subject to the ATM’s daily cash withdrawal limit.
11. We are not responsible for any merchant’s refusal to accept your card. We are also not responsible for any goods or services provided to you by any merchant. Your obligations to us under this Agreement are not affected, nor are they mitigated or reduced by any claim you may have against a merchant. You are responsible for resolving any disputes between you and the merchant. In particular, you and the merchant must agree on the establishment, modification, or termination of any automatic payment or direct debit arrangement for charging funds to your card account. We reserve the right not to implement any request to establish, modify, or terminate such arrangement if (i) there is any dispute between you and the merchant; or (ii) the instructions are given unilaterally by either party.
E.Card Benefits
12. We may offer different benefits for different card types. We may introduce new benefits or change or withdraw any benefits without prior notice. We reserve the right to set, exclude or withdraw any account associated with any card benefit.
13. Card Benefits may include the following (or any of them), depending on your Card type:
- (i) mobile or contactless payment capabilities;
- (ii) rewards and privileges;
- (iii) interest-free instalment payment plans for purchases of goods or services from designated merchants;
- (iv) ATM access where the Cardholder can use his or her Card for banking transactions at designated ATMs or point-of-sale terminals or through other designated electronic means, as applicable; and
- (v) any other benefits we may notify you of from time to time.
14. The following are additional terms and conditions regarding management card benefits:
- (i) You may need to apply separately to receive certain benefits.
- (ii) We or any Merchant may impose supplemental, additional or overriding terms and conditions on any Card Benefits from time to time.
- (iii) The terms and conditions relating to the Card Benefits set out the eligibility criteria, conditions, restrictions, guidelines or instructions applicable to the Card Benefits.
- (iv) Terms and conditions relating to the Card Benefits are available for review via the Website or upon request at our Hong Kong office.
- (v) In the event of any inconsistency between the terms and conditions relating to a Card Benefit, the provisions of that Card Benefit will prevail.
- (vi) Your application, use or assertion of any rights against us or any Merchant will be deemed acceptance of these Terms and Conditions.
F. Please report any loss, theft or misuse of your card or PIN promptly.
15. You should promptly report any loss, theft, disclosure, or unauthorized use of your card or PIN. You should report a lost card through the App or Website. Please contact our Customer Service for further assistance.
16. If you report an unauthorized transaction under this Agreement before your settlement date, we will endeavor to contact the relevant party to suspend payment of the disputed amount. While our investigation is ongoing, we will not charge any finance charges or interest on the disputed amount, nor will we place a negative credit report against you.
17. Following your report, we will investigate the suspected unauthorized transactions. Our findings in such investigation will be final and binding unless fraud is proven upon our part of the investigation.
18. If our investigation finds that you are responsible for such unauthorized use, we reserve the right to re-impose finance charges or interest on the disputed amount for the entire period (including the investigation period).
19. As you are responsible for keeping your card and personal identification number (PIN) secure and for avoiding any unauthorised use of your card, you will be liable for any such unauthorised use of your card unless it is proved that such unauthorised use was due to our gross negligence.
20. Even if such unauthorized use is due to fraudulent behavior by the merchant and/or third party, you may still make a claim against us for such unauthorized use if we have already completed a transaction with that merchant. You may only make a claim against the merchant and/or third party, and not against us.
21. You will be responsible for all cash withdrawals and other transactions made through the unauthorized use of your Card or PIN until the loss, theft, disclosure or unauthorized use is reported to us or any Mastercard International member (as applicable).
22. If you report your card or PIN as lost, we may (but are not obliged to) issue you a replacement card and/or reset your PIN. You will be responsible for the administrative and/or replacement costs we may prescribe from time to time.
G. Card Statement
23. We may provide a card statement each month which includes the following and other details relating to the card (including add-on cards, if applicable):
- (i) the total outstanding amount on the Card Account (the “Billing Balance”);
- (ii) the date on or before which all payments must be made (the “Due Date”)
If the bill balance is a credit amount, (i) and (ii) will not be displayed.
24. We reserve the right to send all card statements to the primary cardholder, including card statements relating to additional cards.
25. Alternatively, we may not send you a card statement but may allow you to review your transaction history and other information we deem necessary through the App and/or Website.
26. You must promptly notify us of any transactions that you do not authorize that appear on any card statement, in the App, or on the Website. You must notify us within 60 days of receiving the statement or seeing it appear on the App or Website. You must notify us in any manner acceptable to us from time to time. If you do not notify us within the prescribed period, the transactions will be deemed correct, final, and binding on you, and you will be deemed to have waived any right to raise any objection or seek any remedy from us.
H. Payment
27. We will notify you of the prescribed methods of payment from time to time. You must pay in accordance with those prescribed methods, subject to our normal terms and conditions.
28. If you are leaving Hong Kong, you should make appropriate arrangements to settle your card account before your departure.
29. We will immediately use the funds transferred or credited to your Card Account to reduce the outstanding balance on your Card Account. The order of reduction will be as follows:
- (i) first, all fees and charges posted to your Card Account;
- (ii) then, the purchase amount;
- (iii) Any amount exceeding the billed balance will then remain on your Card Account.
30. Without prejudice to or limitation of Clause 29 above, we reserve the right to use the funds transferred or credited to your Card Account in any other order we deem appropriate without prior notice to you.
31. If you conduct a Card Transaction in a currency other than Hong Kong Dollars, we will credit your Card Account with the Card Transaction after converting it into Hong Kong Dollars. The exchange rate will be determined by us based on the exchange rate applied by Mastercard International (if applicable) on the conversion date. We will also credit your Card Account with the percentage of the Card Transaction amount charged by us and any transaction fee (in whole or in part) charged by Mastercard International. The same arrangement applies if your Card is denominated in US Dollars, i.e., if you conduct a Card Transaction in a currency other than US Dollars.
32. All amounts paid to us under this Agreement (including the unpaid balance on your Card Account, interest, fees, and charges) must be paid in full. You may not deduct any amounts owed to you by us from any amounts you pay or to be paid. If deductions are required under any applicable law for taxes, similar charges, or for any other reason, or if we are later obligated under any applicable law to refund any payment amounts we received, you must make the required payment so that we receive full payment of the amounts paid under or in connection with this Agreement. If we are later obligated under any applicable law to refund any payment amounts we received, or if your Card is terminated without full payment, you will continue to be responsible for making the required payment so that we receive full payment of the amounts paid under or in connection with this Agreement, and we will be entitled to claim the required payment from you as if we had never terminated your Card.
33. You hereby acknowledge that any obligation under any applicable law to deduct any taxes or similar charges or other reasons from any amounts payable to us under this Agreement (whether under the applicable laws of Hong Kong or any other country) will be your responsibility. Upon our request, you will promptly provide us with evidence satisfactory to us of your compliance with such applicable deduction or withholding obligations. You will be fully responsible to us for the consequences of your failure to comply with such obligations and will indemnify us in full upon our request.
34. You hereby acknowledge that any obligation under any applicable law to deduct any taxes or similar charges or other reasons from any amounts payable to us under this Agreement (whether under the applicable laws of Hong Kong or any other country) will be your responsibility. Upon our request, you will promptly provide us with evidence satisfactory to us of your compliance with such applicable deduction or withholding obligations. You will be fully liable to us for the consequences of your failure to comply with such obligations and will indemnify us in full upon our request.
35. Clauses 32 to 34 will survive termination of your Card.
36. You agree that we may refund your Card Account by deducting part or all of the credit balance at any time without prior notice by any means determined by us, including by sending a cashier’s cheque to your last notified address.
37. You agree that if you fail to repay the Outstanding Balance, we will liquidate the corresponding amount of Collateral from your Card Account and further authorize 8V to liquidate the corresponding amount of Collateral and transfer it to us as payment of the Outstanding Balance.
I. Fees and Charges
38. If we receive payment in full for a statement balance on or before the payment due date, you will not be required to pay any finance charges or late fees on that statement balance. Payment of the statement balance includes payment of all fees, charges, costs and expenses associated with the card transaction.
39. Depending on the nature of the card transaction and the status of your card, you may be entitled to an interest-free period of up to 56 days on your purchases.
40. Financial expenses
(i) If you fail to pay your statement balance in full on or before the payment due date, we may impose a finance charge without prior notice. Finance charges will be levied on the following amounts:
(1) the unpaid statement balance from the statement date immediately preceding the payment due date to the date we receive payment in full; and
(2) The amount of each new transaction between the date of that statement and the date we receive full payment.
(ii) Finance charges will accrue daily and be calculated at a specified monthly interest rate. We reserve the right to set different interest rates for outstanding Cash Advances and outstanding Purchases.
41. If you fail to pay in full on or before the payment due date, we may charge a late payment fee in addition to the finance charge without prior notice. The late payment fee will be debited from your Card Account on the next statement date.
42. You will be required to pay the applicable fees listed below. If you require any additional services, you may be required to pay other fees and charges.
- (i) Over-Limit Processing Fee: If your statement balance (excluding all fees and charges currently billed to your Card Account) exceeds your Card’s credit limit, we will treat this as an informal request from you to increase your credit limit. We may agree to your request and charge a processing fee without prior notice.
- (ii) Cash withdrawal processing fee and cash withdrawal fee: we will charge a processing fee and cash withdrawal fee on the cash withdrawal date;
- (iii) Decline of automatic payment processing fee: If an automatic payment is declined, we will treat it as an informal request for special processing services and may charge a processing fee;
- (iv) Card Replacement Fee: We will charge a Card Replacement Fee for each Card replaced before its expiration date;
- (v) Retrieval Fee: We will charge a retrieval fee for the sales receipt copy you request;
- (vi) Annual Fee: We may charge or waive an annual fee for your Card and any additional Cards;
- (vii) Foreign Currency Transaction Fees: We reserve the right to require you to pay in full or in part the transaction fees charged to us by Mastercard International (as applicable) for card transactions conducted in a currency other than Hong Kong Dollars.
43. We may change our fees and charges from time to time. We will debit your Card Account for any fees and charges. These fees and charges will not be waived or refunded.
J. Additional Cards
44. If you are an Additional Cardholder, you will be responsible for the Additional Card you use and will be bound by the terms and conditions of this Agreement.
45. If you are the Primary Cardholder, you will be responsible for the use of your Primary Card and each Additional Cardholder. We reserve the right to recover from the Primary Cardholder or Additional Cardholder (or both) all debts (including all fees and charges) incurred by the Additional Cardholder, including but not limited to using the means set forth in Section M for the satisfaction of the Primary Cardholder’s collateral.
K. Termination of Card
46. You may terminate your Card at any time. If you wish to terminate your Card, you must notify us in writing and return your Card and any additional Cards (if any) to us. If your Card is a primary Card, your termination notice will terminate your Card and all additional Cards (if any).
47. The Supplementary Card may be terminated by either the Primary Cardholder or the Supplementary Cardholder. The Primary Cardholder or the Supplementary Cardholder must notify us in writing and return the Supplementary Card to us.
48. If you terminate your Card, you should cut the Card in half before returning it to us.
49. We reserve the right to terminate or suspend your Card (whether the primary or additional Card) at any time without prior notice or for any reason.
50. Even after termination:
- (i) if you are the Primary Cardholder, you remain responsible for the debt associated with your Card and any additional Cards;
- (ii) If you are an additional cardholder, you remain responsible for any debt associated with your additional card.
51. Upon termination of your Card for any reason or upon your bankruptcy or death, the following amounts will become immediately payable to us in full:
- (i) the outstanding balance on the Card Account; and
- (ii) Card transaction amounts that have not yet been credited to your Card Account.
52. You or your estate will be responsible for paying us all outstanding amounts, even if your Card is terminated or you become bankrupt or die. These outstanding amounts include any scheduled payments made or authorized before you terminated your Card or became bankrupt or died (even if the payments were subsequently posted to your Card account). We reserve the right to continue to charge a finance charge on any outstanding amounts (including any fees and charges we incur) until we receive payment in full.
53. You are responsible for any Card Transactions using your Card until your Card is returned to us. If you are the Primary Cardholder, you are also responsible for any Card Transactions using an additional Card until (i) the additional Card is returned to us or (ii) you ask us to implement the lost card procedure. Such Card Transactions include purchases, automatic payment arrangements, Octopus or other payment methods.
54. Termination of your Card will not automatically terminate or transfer any arrangements you have set up or authorised prior to termination of your Card. Such arrangements include automatic payment arrangements, direct debit arrangements, regular payment arrangements, instalment plans and other standing arrangements.
L. Limitation of our liability
55. We are not liable to you or anyone else for the following (or any of them):
- (i) any delay, failure or computer processing error in the provision of any of our equipment, facilities or services to you where this is caused by circumstances beyond our reasonable control; and
- (ii) any indirect losses relating to our provision of equipment, facilities or services or our delay or failure in providing equipment, facilities or services.
56. If any equipment, facilities or services are not provided to you by our agent, we are not responsible for any acts or omissions of that person.
57. Subject to clause 58, you will be liable to us, our agents and principals and our officers and employees and the officers and employees of our agents or principals for and indemnify us or them for all costs, losses, damages and reasonable expenses and costs that we or they may incur or suffer arising out of or in connection with your use of our equipment, facilities or services or our provision of equipment, facilities or services to you. This indemnity will survive any termination of this Agreement.
58. If it is proved that any action, proceeding, claim, loss, damage or expense referred to in this clause 57 was caused by the gross negligence or wilful misconduct of us, our agents or principals or our officers or employees or our agents or principals’ officers or employees, then you will not be liable for the indemnification under this clause 57 to the extent that it was directly and reasonably foreseeable, but only to the extent that it was directly and solely caused by such gross negligence or wilful misconduct.
59. If you fail to pay us any amount when due or you breach any term or condition of this Agreement, we may enforce our rights or take steps to collect or recover any outstanding amounts. We may use agents or service providers for this purpose. You will indemnify and reimburse us for all amounts reasonably incurred by us (including legal costs) in collecting or recovering any outstanding amounts. We may continue to charge a finance charge on any outstanding amounts (including any fees and charges incurred by us) until we receive payment in full.
M. Mortgage, Set-off and Transfer of Collateral
60. You hereby expressly agree that any Virtual Assets or other assets you deposit with us and any balances on any other accounts you maintain with us (or in our books of account) at any time will be used as collateral to meet your obligations (whether payment or otherwise) under this Agreement.
61. In addition to any rights of set-off at law or under any Agreement, we are entitled to combine or consolidate the outstanding balance on your Card Account with the balance on any other account you maintain with us (or in our books of account) at any time without prior notice. If you are the Primary Cardholder, our rights will extend to the outstanding balance on the Card Account of any additional Cardholder.
62. Notwithstanding any other terms of this Agreement, we reserve the right, at any time and without prior notice, to offset or transfer any funds or assets you have deposited, pledged, or otherwise provided as security to us. This includes, but is not limited to, liquidating your virtual assets or any other type of assets with any counterparty (for which we may act as counterparty) at any price. Such offsets or transfers may be used to settle any or all of your obligations under this Agreement, regardless of whether such assets are in our custody or used as collateral for any of your cards (including primary and supplementary cards).
63. You hereby expressly agree that any virtual assets or other types of assets you deposit with 8V will be pledged to us as collateral to secure the performance of your obligations under this Agreement (whether payment or otherwise). Furthermore, 8V is irrevocably authorized to liquidate such assets to satisfy any or all of your liabilities to us under this Agreement. Alternatively, 8V is authorized to transfer such assets to us and continue to use them as collateral to secure the performance of your obligations under this Agreement.
64. Based on the above terms, if you cannot provide sufficient virtual assets or other types of assets as a guarantee for the issuance or issuance of a credit card, we may reject your credit card application, suspend the use of your credit card, or adjust your credit limit to zero.
N. Changes to Terms and Conditions
65. We reserve the right to change the terms and conditions of this Agreement, interest rates, finance charges, or other fees and charges at any time. We will notify you of any such changes as promptly as we deem appropriate. You must return your Card and pay all outstanding balances in full before the changes take effect, otherwise you will be deemed to have accepted the changes. In addition, your continued use of the Card, Additional Card, or any Services (whether or not such Services are affected by the changes) will be deemed your express consent to the changes.
O. Collection and Disclosure of Your Information
66. Capitalized terms used in this Section O are defined below. If any term used in this Section O is not defined below, then that term shall have the meaning ascribed to it at the end of this Agreement.
Authority means any local or foreign judicial, administrative, public or regulatory body, any government, any tax authority, securities or futures exchange, court, central bank or law enforcement agency, industry self-regulatory or financial services providers association or its agent, having jurisdiction over any part of the 8V Group.
Compliance Obligations means legal or international guidelines and internal policies or procedures to which 8V Group is subject, any reporting, disclosure or other obligations required by any authority or under law, and any legal obligation where 8V Group is required to verify the identity of its customers.
A Related Person means a person or entity, other than you, about whom information (including personal data or tax information) is provided to any member of the 8V Group through or on your behalf, or is otherwise received by any member of the 8V Group in connection with the provision of services. A Related Person may include any guarantor, a director or officer of a company, a partner or associate, any “substantial owner,” “controlling person” or beneficiary, the settlor, trust creator or protector of a trust, the account holder of a designated account, the payee of a designated payment, your representative, agent or nominee, or any other person or entity related to your relationship with the 8V Group.
Controlling persons are those individuals who exercise control over an entity. For trusts, these are the trustee, trustee, protector, beneficiary or classes of beneficiaries, and any other persons exercising ultimate effective control over the trust. For non-trust entities, these are persons in an equivalent or similar position of control.
Financial crime refers to money laundering, terrorist financing, bribery, corruption, tax evasion, fraud, evasion of economic or trade sanctions or any act or attempt to circumvent or violate any laws relating to these matters.
Financial crime risk management activities mean any actions we or any member of the 8V Group may take to comply with our obligations relating to the detection, investigation and prevention of financial crime.
Law includes any local or foreign law, regulation, judgment or court order, voluntary code, sanctions regime, agreement between 8V Group and an authority, agreement or treaty applicable to us or a member of the 8V Group, or guidelines or restrictions of any industry or self-regulatory body applicable to us or a member of the 8V Group.
Personal data is any information that relates to an identifiable individual.
Services include (a) opening, maintaining, closing and terminating your account or card (including add-on cards), (b) providing credit facilities and other products and services, escrow services, processing applications, credit and eligibility assessments, and (c) maintaining our overall relationship with you, including marketing services or products to you, market research, insurance, auditing and administrative purposes.
A substantial owner is any person who is entitled to more than 10% of the profits of the entity in question or who holds more than 10% interest in the entity, directly or indirectly.
Tax Authorities means tax, revenue or monetary authorities in Hong Kong or a foreign country.
Tax Information means documents or information regarding your tax status or tax information or that of an Associated Person.
Your Information means all or any of the following items relating to you or an Affiliate, as applicable: (i) Personal Data, (ii)
information about you, your account, cards (including additional cards), transactions, use of our products and services and your relationship with 8V Group, and (iii) tax information.
References to the singular include the plural (and vice versa).
67. This Section O explains how we use information about you and your Affiliates. The Personal Data (Privacy) Regulation Notice (formerly known as the Notice relating to the Personal Data (Privacy) Regulation) (the “Notice”) that applies to you and other individuals also contains important information about how we and the 8V Group use such information, and you should read this section together with the Notice. We and members of the 8V Group may use your information in accordance with this Section O and the Notice. Your information will not be disclosed to anyone (including other members of the 8V Group) unless:
- (i) we have a legal obligation to disclose;
- (ii) we have a public disclosure obligation;
- (iii) our legitimate business purposes require disclosure;
- (iv) the disclosure is with the consent of the data subject;
- (v) disclosed in the manner specified in this Section O or in the notice.
68. Collection – We and other members of the 8V Group may collect, use and share your information. Your information may be requested by us or on our behalf or the 8V Group and may be collected directly from you, someone acting on your behalf, or from other sources (including from publicly available information), and may be generated or combined with other information available to us or the 8V Group.
69. Use – We and members of the 8V Group may use, transfer and disclose your information: (1) in connection with the purposes listed in this Section O, (2) in the manner set out in the Notice (applicable to Personal Data), and (3) in connection with the purposes of matching any data held by us or the 8V Group (whether or not contemplating any action resulting in adverse action against you). (1) to (3) are collectively referred to as the “Purposes”.
70. Sharing – We may transfer and disclose your information (as necessary and appropriate for the Purposes) to the recipients specified in the Notice (who may also use such information for the Purposes).
71. You agree to notify us promptly, and in any event no later than 30 days, in writing of any changes to the information you have provided to us or a member of the 8V Group at any time, and to respond promptly to any request from us or a member of the 8V Group for your information.
72. You confirm that you have (or will, when relevant, notify) any Affiliates who have provided information (including personal data or tax information) to us or any member of the 8V Group through you or on your behalf and that they consent to the processing, disclosure and transfer of their information in accordance with this Section O and the Notice (as may be amended or supplemented by us from time to time). You will inform any such Affiliates of their rights to access and correct their personal data.
73. You agree and shall take such steps as are necessary to permit us to use, store, disclose, process and transfer all your information in the manner described in this Agreement, as required by applicable data protection or confidentiality laws. You agree to promptly notify us in writing if you fail or fail in any respect to comply with the obligations set out in Sections 72 and 73.
74. If: (a) you or any Associated Person fails to promptly provide us with your information that we reasonably request, (b) you or any Associated Person refuses or withdraws your consent to any processing, transfer or disclosure of your information for any purpose we may require (other than for purposes related to marketing or promoting products and services to you), or (c) we or any member of the 8V Group has suspicions about financial crime or related risks, we may:
- (i) we are unable to provide you with new or continue to provide you with all or part of the Services and we reserve the right to terminate our relationship with you;
- (ii) take any action necessary for us or any 8V Group member to satisfy any compliance obligation; and
- (iii) suspend, block, transfer, close or terminate your Account or Card (including additional Cards) (where permitted by local law).
75. In addition, if you fail to provide your or your Affiliate’s tax information and accompanying declarations, releases, and consents on a timely basis, we may determine, in our sole discretion, your or your Affiliate’s tax situation, including whether you or your Affiliate should report to any tax authority, and may require us or others to withhold amounts as required by any tax authority’s statutory requirements and pay such amounts to the appropriate tax authority.
P. Financial Crime Risk Management Activities
76. Financial crime risk management activities may include:
- (A) screen, intercept and investigate any instructions, 80 communications, withdrawal requests, service applications or payments sent to or on your behalf;
- (B) investigate the source of funds or the intended recipient;
- (C) combine your information with other relevant information held by 8V Group; and
- (D) to inquire further about the status of relevant persons or entities, whether or not they are subject to sanctions, or to confirm the identity and status of you or an associated person.
77. Financial Crime Risk Management Activities may result in the delay, prevention or refusal of the clearing of any payment, the processing of your instructions or service applications, or the provision of all or part of the Services. To the extent permitted by law, we and any member of the 8V Group will not be liable to you or a third party for any losses (howsoever arising) suffered or incurred as a result of Financial Crime Risk Management Activities.
Q. Tax compliance
78. You acknowledge and warrant that you and each Associate are solely responsible for understanding and complying with all your tax obligations (including the payment of all applicable taxes or the filing of returns or other related documentation), regardless of the jurisdiction in which such obligations arise, in connection with the opening and use of accounts or services provided by us or 8V Group. Certain countries may have tax laws that have extraterritorial effect, regardless of the Associate’s or your place of residence, residency, citizenship, or incorporation. We or 8V Group do not provide tax advice. You should seek independent legal and tax advice. We or 8V Group have no liability in any jurisdiction for your tax obligations, including those arising in connection with the opening and use of accounts, cards (including add-on cards), and services provided by us or 8V Group.
R. Miscellaneous
79. If any provision of this Agreement conflicts or is inconsistent with any provision of any other service, product, business relationship, account or agreement between you and us, the provision of this Agreement will prevail.
80. If any part of this Agreement is held to be illegal, invalid or unenforceable under the laws of any jurisdiction, this will not affect or impair the legality, validity or enforceability of that provision in any other jurisdiction, nor will it affect or impair the legality, validity or enforceability of the other provisions of this Agreement in that jurisdiction.
S. Survival after Termination
81. The provisions of this Agreement will continue to apply even if you or we or any member of the 8V Group terminates the provision of any services to you, closes any of your accounts or terminates any of your Cards (including any additional Cards) (or any of your Cards).
T. General
82. Your card remains our property. We reserve the right to request that you return it to us.
83. You will promptly notify us if you change your employment or contact details (including address, telephone number, email address and fax number). Such notices shall be given in such manner as we may accept from time to time.
84. In the course of providing services, we may record verbal instructions received from you and any other verbal communications between us.
85. We reserve the right to destroy any documents relating to your Card Account after microfilming or scanning them.
86. Unless we specify otherwise, you will be deemed to have received any notice from us:
- (i) when delivered in person or left at the address last notified by you (if delivered in person);
- (ii) if that address is in Hong Kong, within 48 hours after it is sent to that address, and if that address is outside Hong Kong, within 7 days after it is sent (if sent by post);
- (iii) immediately to the email address last notified by you (if sent by email);
- (iv) immediately to the mobile phone number last notified by you (if sent by mobile message);
- (v) immediately after a pop-up appears on the Application and/or Website and you click on “ok”, “accept” or similar button (if a pop-up appears via the Application and/or Website).
87. You should not use your Card to pay for any gambling or other transactions that are illegal under applicable law. If we suspect, believe or know that any Card transaction or transaction related to a Card transaction is illegal, we reserve the right to
- (i) refuse to process or pay for the card transaction, or
- (ii) reverse, cancel or reverse the Card transaction.
88. Unless we say otherwise, no person other than you and us will have any rights under the Contracts (Rights of Third Parties) Regulations to enforce or enjoy any provision of this Agreement.
89. Notwithstanding anything to the contrary in this Agreement, the parties agree that they intend to confer rights on 8V as a third-party beneficiary under the Contracts (Rights of Third Parties) Regulations. Accordingly, 8V will be entitled to enforce any term of this Agreement directly against you under any rights granted by us herein or otherwise as if 8V were a party to this Agreement. This includes, but is not limited to, reversing, canceling, or reversing any card transaction and providing you with the notices or undertakings set out in Section 22 of this Agreement (“Your Rights and Responsibilities”).
90. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent possible, the invalid or unenforceable provision shall be replaced by a valid and enforceable provision that, as nearly as possible, aligns with the intent of the original provision.
91. This Agreement shall be governed by and construed in accordance with the laws of Hong Kong.
92. You agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.
93. In the event of any inconsistency between the English and Chinese versions, the English version shall prevail. Any Chinese version is for reference only.
U. Definition of Terms
Additional Cardholder means any person or person to whom we issue an additional Credit Card.
Agreement means this Credit Cardholder Agreement, as may be amended from time to time.
APP means the software application designed, operated and/or maintained by 8V and/or 8V that is designed to run on a mobile device to provide functions or services to you and/or cardholders from time to time.
Applicable Law means any law, regulation or court order, or any rules, guidelines, codes, notices or restrictions (whether or not having the force of law) issued by any body or industry or self-regulatory body, whether within or outside Hong Kong, to which we or you are subject.
ATM means automatic teller machine.
Authority means any regulator, government body (including tax authorities), settlement or clearing bank or exchange.
Credit Card means any credit card issued by us from time to time.
Card Account means an account established in connection with a credit card for the purpose of recording credit card transactions and other items.
Card Transaction means every transaction (including cash advances) made using your credit card or Personal Identification Number (PIN).
A cash advance is a cash withdrawal from your credit card account, including any funds remaining in the account.
Excluded Card Transactions are defined in Clause 10.
Hong Kong means the Hong Kong Special Administrative Region of the People’s Republic of China.
8V Group means 8V and its subsidiaries, affiliates, related entities and their branches and offices (collectively or individually) and 8V Group Members have the same meanings.
The Due Date for Payment is defined in Clause 26.
PIN means a personal identification number or any code or number that we use to identify you when you use your credit card or any other service, as applicable.
8V refers to Eight V Technology Ltd.
Website means the Internet site established, operated and/or maintained by 8V and/or 8V from time to time.
You or Your means the person to whom we issue a Credit Card (whether a Principal Card or a Supplementary Card).
8V official website: https://8V.com and https://8V.com/info
Android Google PlayStore download (not applicable to UK IPs): https://play.google.com/store/apps/details?id=com.royallyborn.v8&hl=en
Android Standalone installation package: https://static.aws-s1.com/app/8v_1_3_0_s.apk
Apple iOS standalone installation package: https://get.8v.com
Samsung GalaxyStore download: https://galaxystore.samsung.com/detail/com.royallyborn.v8