1.
Application
These Terms and Conditions (as defined below) apply to all Aurora Card (as defined below) users. By using the Aurora Card, you agree to be bound by these Terms and Conditions.
These Terms and Conditions (as defined below) apply to all Aurora Card (as defined below) users. By using the Aurora Card, you agree to be bound by these Terms and Conditions.
2.
Governing Terms
(a)
These Terms and Conditions shall govern our provision of the Aurora Card, your use of the Aurora Card and the transactions and any other dealings conducted by you using the Aurora Card.(b)
Each of the following shall be incorporated as an integral part of these Terms and Conditions, as if they are written in full herein:(c)
The term “these Terms and Conditions” means the terms and conditions expressly set out in this document, together with the App Terms, Privacy Notice and other terms and conditions applicable to the Aurora Card that may be provided by us to you from time to time.(d)
In case of any inconsistency between the terms and conditions expressly set out in this document and the other terms and conditions referred to in sub-clause (b) above, the terms and conditions expressly set out in this document prevail for the purpose of the Aurora Card.3.
Definitions
Unless otherwise defined in this document or unless the context otherwise requires, terms and expressions defined in the App Terms shall bear the same meanings in this document.
For the purpose of this document, unless the context otherwise requires, the following words and expressions have the meanings below.
“App” means the mobile application operated by us for your use of, or access to the App Services.
“Aurora Card” means a credit card issued by us, which includes a Virtual Aurora Card and the corresponding Physical Aurora Card (should you opt for a Physical Aurora Card).
“Digital Wallet Transaction” has the meaning given to it in Clause 5.2.
“Physical Aurora Card” has the meaning given to it in Clause 4.2.
“USD” means United States Dollars.
“Virtual Aurora Card” has the meaning given to it in Clause 4.1.
4.
General
4.1.
After you have set up and successfully established a user account(“User Account“), you will have access to a virtual Aurora Card (“Virtual Aurora Card“), which will be displayed on the App.
4.2.
We may also, at our discretion, issue a physical Aurora Card(“Physical Aurora Card“) to you. You may opt for a Physical Aurora Card during the set-up process.
4.3.
Before you can use your Aurora Card in Hong Kong or overseas, you may need to activate it in the User Account in accordance with the instructions we provide to you. Your credit limit is set upon activation of your User Account.
4.4.
We may renew your Aurora Card when it expires.
4.5.
You may request us to replace or renew your Aurora Card if:
(a)
your existing Aurora Card has been damaged, lost or stolen; or(b)
due to any suspected security incidents.4.6.
If your Aurora Card is replaced or renewed:
(a)
we will change your Aurora Card details (including the card security code (CVV), expiry date and (where your Aurora Card has been stolen or lost) the card number) and issue a replacement or renewed Aurora Card; and(b)
unless you have agreed otherwise and/or in accordance with applicable laws and regulations:(i)
the applicable limits, fees, charges and/or interest will remain the same;(ii)
you will be given the same number of Aurora Card(s);(iii)
the services and privileges applicable to your Aurora Card will remain unchanged or be improved; and(iv)
the renewal will not (in our reasonable opinion) result in additional cost, potential liability or potential risk of financial loss to you.4.7.
By continuing to use the replacement or renewed Aurora Card, subject to applicable laws and regulations, you are deemed to have consented to us issuing you a replaced or renewed Aurora Card.
4.8.
Your Aurora Card is our property and is non-transferable.
4.9.
Subject to applicable laws and/or regulations, we may suspend, cancel or refuse to renew or replace your Aurora Card without giving you any notice or reason.
4.10.
Your Aurora Card will be automatically cancelled when:
(a)
your User Account is closed;(b)
the Services are terminated; or(c)
these Terms and Conditions are terminated.4.11.
Your Physical Aurora Card must be destroyed when your Aurora Card expires, is cancelled or we issue a new or replacement Physical Aurora Card to you.
4.12.
Upon cancellation of your Aurora Card, you must immediately surrender your Aurora Card to us upon demand.
5.
Use of your Aurora Card
5.1.
You can use your Aurora Card anywhere that it is accepted, noting that:
(a)
your Virtual Aurora Card can only be used for online transactions, Digital Wallet Transactions, and any other transactions as we may approve at our sole discretion from time to time; and(b)
your Physical Aurora Card can also be used at a point of sale and to take cash out at an ATM or point of sale (where available).5.2
You can choose to add your Aurora Card to a digital wallet on your device and make purchases using the digital wallet (“Digital Wallet Transactions“). If you do so, you must agree to the separate terms and conditions that may be shown to you before adding your Aurora Card to the digital wallet. For the purposes of this Part, use of your Aurora Card includes use of your Aurora Card in a digital wallet, and you are bound by the relevant terms and conditions of the digital wallet itself.
5.3
You authorise us to debit (without notice to you) from your User Account the amount of any transactions arising from the use of your Aurora Card in accordance with the terms as set in your User Account.
5.4
We may act on a transaction arising from the use of your Aurora Card (and the transaction shall be deemed authorised by and binding on you) if we reasonably believe that it is given or authorised by you without being liable in any circumstance. You should use reasonable endeavours to procure that your Aurora Card is used only once at a point of sale or merchant location for each transaction.
5.5
Our right to debit your User Account is not affected by disputes between you and third parties.
5.6
The prevailing currency used for the Aurora Card shall be USD. If you use your Aurora Card for any transaction effected in a currency other than USD,
(a)
we will convert the relevant foreign currency amount into USD at our prevailing exchange rate between the relevant currencies at the time of such transaction or when such transaction is processed, as we determine; and(b)
we will debit such USD equivalent (plus such charges imposed by us and/or the relevant payment network) from your User Account at applicable circumstances.5.7
We may impose limits on your Aurora Card transactions or cash withdrawals (including overseas cash withdrawal limits) without giving any prior notice to you, including per transaction, by category (such as withdrawal or spending) or in a given timeframe. We may waive or vary such limit from time to time. You can see details of these limits in the App.
5.8
You may also set and change your own personal limits for spending on or making cash withdrawals using your Aurora Card.
5.9
You must not (or allow anyone else to) use your Aurora Card:
(a)
for purchases of goods or services which you reasonably know or believe would impose operational, reputation or compliance risks on us;(b)
for any unlawful activity (including a purchase of goods or services that is illegal or prohibited by the laws of Hong Kong or by the laws of the country where the purchase is made); or(c)
to pay debts incurred in connection with online gambling, wagering or betting activities conducted via the internet.You must tell us immediately if you become aware that your Aurora Card has (or may have) been used in any of those ways.
5.10
We are not liable for:
(a)
the refusal of any merchant, financial institution or other person to accept your Aurora Card;(b)
any defect or deficiency in goods or services supplied to you by any merchant, financial institution or other person. You must resolve any complaint against any merchant, financial institution or other person yourself and no claim against any of them may be made against or set off against us; or(c)
any loss or damage which you may suffer or incur in connection with any cancelled, reversed or refunded transactions or chargebacks, including any discrepancy between the original transaction amount and the amount credited to your User Account pursuant to the reverse or refund.5.11
We are not obliged to effect a Aurora Card transaction if:
(a)
it would cause, in our opinion, any limits imposed by us or yourself on your spending, transactions or cash withdrawals to be exceeded;(b)
you do not have sufficient assets in your User Account; or(c)
we have reasonable grounds to believe that such transaction is illegal, fraudulent, dishonest, unauthorised or used for any of the purposes set out in Clause 5.9 above.5.12
We may deny your request to take money out of your User Account using your Aurora Card:
(a)
if your Aurora Card is locked or your User Account is closed;(b)
if you do not have sufficient assets in your User Account;(c)
to protect us from fraud or other loss;(d)
where we have reasonable grounds to believe that there is a breach of applicable laws and/or regulations; or(e)
if we deem it reasonably necessary to do so.6.
Fees and charges
6.1.
You are required to pay to us the fees, charges and/or interest in respect of your Aurora Card in accordance with the fee information as displayed in the App from time to time, or as we may notify you.
6.2.
We may collect fees, charges or interest from you in such manner and at such intervals as we may specify. We may vary the fees, charges or interest rates and the frequency of payment by notice. Any fees, charges or interest paid are not refundable unless we agree otherwise.
6.3.
You are required to pay all costs and expenses reasonably incurred by us in connection with your Aurora Card. These costs and expenses may include any applicable taxes, duties and levies payable in respect of the use of your Aurora Card, any expenses for preserving or enforcing our rights in connection with your Aurora Card, any fees and charges related to ATM cash withdrawals, card replacements, dispute handling, statement retrieval and personal data access, fees and charges imposed by the relevant payment network (such as VISA or Mastercard) etc.
6.4.
We are entitled to debit any of your User Account(s) with all sums payable by you to us. Any delay in debiting does not constitute our waiver or affect our rights under these Terms and Conditions. If the debiting of a User Account would cause such User Account to go overdrawn, we may consider it as your request for an unauthorised overdraft and refuse your request and impose a service charge for considering and refusing your request.
7.
Your responsibilities and liabilities
7.1.
You must protect your Aurora Card, PIN and device to make sure that only you can effect any payment or transaction with your Aurora Card. You should refer to the security advice we will provide you from time to time.
7.2.
To protect your Aurora Card:
(a)
always keep your Aurora Card in a safe place; and(b)
never lend your Aurora Card to anybody or tell anyone your PIN.7.3.
To protect your PIN:
(a)
destroy any original printed copy of the PIN for the Physical Aurora Card;(b)
don’t write down or record the PIN without disguising it;(c)
don’t choose a PIN that includes numbers that can be easily guessed (such as your date of birth, telephone number or vehicle number plate);(d)
don’t use the same or similar numbers currently or previously used for your other bank accounts; and(e)
don’t share your PIN with any other person, or write it down on your Aurora Card or anything usually kept with or near it.7.4.
You must notify us and request to change your PIN and lock your Aurora Card on the App immediately if you know or suspect that:
(a)
your PIN has been disclosed or used by any unauthorised person;(b)
any other person has gained unauthorised possession of your Aurora Card or used your Aurora Card improperly;(c)
your Aurora Card is lost or stolen;(d)
a fraudulent or unauthorised bank transfer or bill payment has been made using your Aurora Card.Until we receive such notice, you will be bound by any transaction by any person whether or not authorised by you.
You are strongly advised to examine and check each transaction of your Aurora Card in a timely manner and report any unauthorised transactions in the App to us as soon as possible. If we do not receive any such report from you within 60 days from the transaction date, we will regard the transaction as correct and conclusive.
7.5.
If your Aurora Card is lost or stolen and you have not acted fraudulently or with gross negligence, and have complied with the procedures set out under this Part, your liability prior to us receiving notification of your lost or stolen Aurora Card is limited to HKD500.
7.6.
If you report an unauthorised transaction, an unsuccessful refund or an erroneous charge or entry in respect of your Aurora Card indicated on your statement in accordance with these Terms, you are entitled to withhold payment of the disputed amount. While our investigation is on-going, we will not impose any finance charge or interest on the disputed amount or make an adverse credit report against you. After we have investigated in good faith and if our investigation result shows that, in our opinion, your report was unfounded, we have the right to re-impose the finance charge or interest on the disputed amount over the whole period (including the investigation period). Our decision made following our completion of an investigation is binding on you.
7.7.
Subject to Clause 7.8 below, you are not liable in respect of loss incurred through:
(a)
the misuse of your Aurora Card when your Aurora Card has not been received by you;(b)
transactions not authorised by you arising from forgery or fraud:(i)
by a third party in relation to which we have failed to exercise reasonable care and skill; or(ii)
by us;(c)
our default or negligence, including faults that have occurred in the terminals, or other systems used, which cause you to suffer direct loss unless the fault was obvious or advised by a message or notice on display; or(d)
the use of a counterfeit Aurora Card.Our liability for such losses shall be strictly limited to direct and reasonably foreseeable loss directly and solely arising because of any of the foregoing, and in any event not exceeding the amounts wrongly charged to your User Account together with any interest.
7.8.
You are liable for all losses and damages in respect of the use of your Aurora Card if you have:
(a)
acted fraudulently or grossly negligently;(b)
failed to inform us as soon as reasonably practicable after becoming aware that your Aurora Card has been lost, stolen or the PIN has been disclosed to an unauthorised person; or(c)
failed to follow the safeguards or comply with your obligations under this Part, the these Terms and Conditions or other recommendations of us from time to time regarding the safety and security of your Aurora Card and the PIN.8.
Indemnity
8.1.
Subject to applicable laws and/or regulations and these Terms and Conditions, you will indemnify and reimburse us for all actions, proceedings and claims which may be brought by or against us, and for all our losses and damages, and all reasonable costs and expenses which we may incur or suffer, arising from or in connection with our provision or your use of your Aurora Card, unless due to our fraud, negligence or wilful default and only to the extent of direct and reasonably foreseeable loss and damage arising directly and solely from such negligence or wilful default.
8.2.
This Clause 8 is in addition to any other indemnity set out in any terms and conditions provided by us.
8.3.
This Clause 8 shall continue after the termination of your Aurora Card.
9.
Rewards on your Aurora Card
From time to time, we may offer you the opportunity to earn rewards (such as cashback) on certain eligible transactions on your Aurora Card. Any rewards offered will be further governed by and subject to its own terms and conditions as provided from time to time.
From time to time, we may offer you the opportunity to earn rewards (such as cashback) on certain eligible transactions on your Aurora Card. Any rewards offered will be further governed by and subject to its own terms and conditions as provided from time to time.
10.
Collection and use of Your Information
10.1.
We and any member and/or affiliate of PA Alliance may use, transfer, and disclose Your Information:
(a)
in connection with the purposes of provision of the Aurora Card and/or operation of or participation in any reward scheme as offered from time to time;(b)
(applicable to personal data) as set out in the Privacy Notice; and(c)
in connection with matching against any data held by us or member and/or affiliate of PA Alliance for whatever purpose (whether or not with a view to take any adverse action against you). ((a) to (c) are collectively referred to as the “Purposes“).10.2.
We may (as necessary and appropriate for the Purposes) transfer and disclose any of Your Information to the following recipients (each of whom may also use, transfer and disclose such information for the Purposes):
(a)
the recipients set out in the Privacy Notice;(b)
third party service providers or business partners based in Hong Kong or overseas that we may engage for the purposes of operating or participating in a reward scheme or reward schemes as offered from time to time.11.
Third party services offered with your Aurora Card
11.1.
We may enter into arrangements with third parties (such as service providers and merchants) to offer you additional services or features on your Aurora Card.
11.2.
These are provided to you on a best efforts basis only. We are not liable for any loss you suffer in connection with any of these services or features.
11.3.
The use of your Aurora Card is also subject to the relevant payment network (such as VISA or Mastercard)’s terms and conditions, as applicable.
11.4.
The relevant payment network may give you access to other services provided by third parties and other services(such as value-added services). Your access to such other services are subject to the terms of such services.
12.
Amendments
We will give you at least 10 days’ notice of any significant change to the terms and conditions in this Part, unless such changes are not within our control. Otherwise, we will give you reasonable notice before effecting a change.
We will give you at least 10 days’ notice of any significant change to the terms and conditions in this Part, unless such changes are not within our control. Otherwise, we will give you reasonable notice before effecting a change.
13.
Termination and Suspension
13.1.
Subject to applicable laws and/or regulations and these Terms and Conditions, we may suspend or terminate your use of the Aurora Card at any time without giving you reason. You may terminate your Aurora Card through such channels and in such manner as we may announce from time to time.
13.2.
To effect a termination, you shall take such steps as we may instruct.
13.3.
Any suspension or termination of your Aurora Card will not affect any of your or our rights or obligations which may have accrued on or before the date of suspension or termination. The terms in these Terms and Conditions that by their nature are continuing shall survive such suspension or termination, including our disclaimers, limitations of liabilities and your indemnity in our favour.
14.
Assignment by us or by you
14.1.
We may at any time assign or transfer any or all of our rights and obligations under these Terms and Conditions to any person without your agreement.
14.2.
You are not allowed to charge, assign, or transfer any of your rights or obligations in relation to your Aurora Card, or these Terms and Conditions to any person unless with our prior written agreement.
15.
Binding effect
These Terms and Conditions are binding on you and your successors and personal representatives and shall not be affected or terminated by the death, bankruptcy, incapacity, termination, and/or winding up (where applicable) of you.
These Terms and Conditions are binding on you and your successors and personal representatives and shall not be affected or terminated by the death, bankruptcy, incapacity, termination, and/or winding up (where applicable) of you.
16.
Waivers
A waiver by us of any provision of these Terms and Conditions will be effective only if given by us in writing and any such provision is waived only to the extent that is expressly stated in our written notice. No failure or delay by us in exercising any right, power, or remedy will operate as a waiver of that right, power, or remedy. Nor will any single or partial exercise preclude any other or further exercise of a right, power, or remedy. Any right, power, or remedy under these Terms and Conditions is intended to be cumulative and in addition to any other right, power, or remedy we have in law.
A waiver by us of any provision of these Terms and Conditions will be effective only if given by us in writing and any such provision is waived only to the extent that is expressly stated in our written notice. No failure or delay by us in exercising any right, power, or remedy will operate as a waiver of that right, power, or remedy. Nor will any single or partial exercise preclude any other or further exercise of a right, power, or remedy. Any right, power, or remedy under these Terms and Conditions is intended to be cumulative and in addition to any other right, power, or remedy we have in law.
17.
Partial invalidity
If any provision of these Terms and Conditions is or becomes illegal, invalid, or unenforceable under any Applicable Regulation, such illegality, invalidity, or unenforceability does not affect any other provision which remains in full force, validity, and effect.
If any provision of these Terms and Conditions is or becomes illegal, invalid, or unenforceable under any Applicable Regulation, such illegality, invalidity, or unenforceability does not affect any other provision which remains in full force, validity, and effect.
18.
No third-party rights
A person who is not a party to these Terms and Conditions has no rights to enforce or enjoy the benefit of any of its provisions under the Contracts (Rights of Third Parties) Ordinance (Cap 623 of the Laws of Hong Kong).
A person who is not a party to these Terms and Conditions has no rights to enforce or enjoy the benefit of any of its provisions under the Contracts (Rights of Third Parties) Ordinance (Cap 623 of the Laws of Hong Kong).
19.
Governing Law, Jurisdiction, and Version
19.1.
The English version of these Terms and Conditions prevails to the extent of any inconsistency between the English and the Chinese versions.
19.2.
These Terms and Conditions are governed by and will be construed in accordance with the laws of Hong Kong.
19.3.
You irrevocably submit to the non-exclusive jurisdiction of Hong Kong courts to settle any dispute (whether contractual or not) arising out of or in connection with your Aurora Card or these Terms and Conditions. These Terms and Conditions may be enforced in the courts of any competent jurisdiction.
19.4.
You waive any right you may have to immunity from legal proceedings, enforcement, or other legal process in connection with your Aurora Card or these Terms and Conditions.