Terms and Conditions for NiHao Card



1
Definitions
In these Terms and Conditions and the Brochure:
Activate and Activation refers to the activation of the Card to enable you to use the Card or the Additional Card.
Accountmeans the aggregate of all Supported Currency records maintained by us (or by service providers on our behalf) of the funds loaded onto your Card, in each Supported Currency and available for transactions using the Card in the Supported Currency.
Account Centre means the Website or any applicable Mobile Portal application that you log onto in order to access the secure elements of your Account.
Additional Card means an additional “Travelex NiHao Card” (or any replacement) which accesses the Account.
ATMmeans an automated teller machine that accepts UnionPay International cards for cash withdrawals and balance enquiries.
Available Balance means the total monetary value available to you for transactions using your Account, i.e. the total value of all Currency Wallets less any applicable tolerance limits, which may apply to certain transactions.
Cardmeans the “Travelex NiHao Card” with ATM access and point of sale functionality described in these Terms and Conditions. References to the Card include (where consistent with the context) any Additional Card.
Card Scheme means UnionPay International, and Card Scheme Rules means the operating rules and by-laws of the Card Scheme, as issued from time to time.
Card Services means any services provided by us or on our behalf in connection with the Card or Additional Card.
CNYmeans the lawful currency of China.
Compliance Checkmeans any check or screening that we conduct for anti-money laundering, detection of crime, legal compliance, regulatory or fraud prevention purposes.
Customer Servicesmeans our dedicated 24 hour, seven days a week call centre at 800 0905096 (within Hong Kong) or +852-5-8010928 (all other countries), or our online support accessible through the Account Centre.
Currency Walletmeans the portion of your Account that holds the total of each of the Supported Currencies which are loaded onto your Account.
Distribution Outletmeans any branch of an organisation which is authorised to sell the Travelex Nihao Card or accepts loads/reloads.
Fees and Limits Tablemeans the fees and limits table set out in clause 8.
HKDmeans the lawful currency of Hong Kong.
Issuermeans Travelex Card Services Limited, a company organised and existing under the laws of Hong Kong having its principal place of business at Unit 2211-2218, Level 22, Tower 1, Millennium City, 388 Kwun Tong Road, Kwun Tong, Kowloon, Hong Kong.
Legal Guardianmeans a person who has the requisite legal authority to care for an applicant who is under the age of 18 years.
Mobile Portalmeans a software application and/or web application for accessing the Account Centre that has been created to suit small-screen and/or portable electronic devices including mobile phones and tablets, and which may have different levels of functionality than those available when accessing the Account Centre via a web browser.
Mobile Servicesmeans mobile financial services that you can opt into to allow you to access your Account information and to perform financial transactions using your Registered Mobile Device.
Negative Balancemeans a negative rather than positive Available Balance, arising because the debits on your Account exceed the total value of all your Currency Wallets.
Personal Information means the information that we and our respective agents collect from you or your Legal Guardian (if you are under 18 years of age), including any application form, correspondence, emails, telephone calls, internet communications and transactional information in connection with the Card.
PINmeans the personal identification number used for transactions using a physical Card, ATM, POS terminals and/or Mobile Services.
POSmeans point of sale.
Prohibited Countrymeans Iran, Sudan, South Sudan, Cuba, Syria, North Korea or any other country we may in our sole discretion decide and publish on the Website.
Privacy Policy means the privacy policy available at www.travelex.com.hk/nihao or accessible through the Website.
Prohibited Countrymeans Iran, Sudan, South Sudan, Cuba, Syria, North Korea or any other country we may in our sole discretion decide and publish on the Website.
Security Detailsmeans the information given by you when applying for a Card (or for an Additional Card) or during Activation, for the purposes of verifying your identity, or any changes made to this information.
SMSmeans the Short Messaging Service provided by your mobile phone service provider.
Supported Currencymeans Hong Kong Dollars (“HKD”) and Chinese Yuan (“CNY”).
Registered Mobile Devicemeans any mobile device or other device enabled to access your Account which has been registered by you at the Account Centre.
Unauthorised Transaction means a transaction not authorised by you, but does not include any transaction carried out by you or by anyone performing the transaction with your knowledge and consent.
you, your means the natural person purchasing the Card and entering into these Terms and Conditions, and where applicable, includes the Legal Guardian of a natural person under 18 years of age.
we, us, our means the Issuer and, except where the context indicates a different intention, also includes any third party authorised to act on behalf of the Issuer.
Website means the Travelex NiHao Card website at the URL www.travelexnihao.com.hk or any future URL applicable to your Account and Card.
2
Introduction
These Terms and Conditions govern the use of your Card and any Additional Card. By Activating your Card you agree to be bound by these Terms and Conditions.
By law we are required to verify your identity before providing relevant services and products to you. You must satisfactorily meet our customer identification process and policies. If you are not able to verify your identity (including, but not limited to, your full name, residential address and date of birth) to our satisfaction, as exercised at our sole discretion, we may refuse to accept your application and provide you with a Card. If you are under 18 years of age, we are required to verify the identity of your Legal Guardian before providing relevant services and products to you. Your Legal Guardian must satisfactorily meet our customer identification process and policies. If your Legal Guardian is not able to verify his or her identity (including, but not limited to, his or her full name, residential address and date of birth) to our satisfaction, as exercised at our sole discretion, we may refuse to accept your application and provide you with a Card.
We encourage you to read these Terms and Conditions carefully. Please contact Customer Services if you do not understand or are unsure about any of these Terms and Conditions.
3
Activation and Expiry
3.1
The Card is Activated and ready to use immediately after purchase unless such other period is notified by the Distribution Outlet at the time of purchase. There will be additional Compliance Checks conducted up to 24 hours after purchase, and if you (or your Legal Guardian, if applicable) do not satisfactorily pass these additional Compliance Checks, we may suspend your use of the Card.
3.2
Any Additional Card must be Activated by you either by calling Customer Services or through the Account Centre.
3.3
The expiry date is printed on the front of the Card.
3.4
The Card cannot be used after it has expired. However, you will still be able to obtain a refund of the Available Balance, less any applicable fees (please refer to the Fees and Limits Table).
4
Issuing of Cards
4.1
You must be at least 14 years of age to apply for a Card, and applications must be made at a Distribution Outlet. If you are under 18 years of age, you must be accompanied by your Legal Guardian when applying for a Card, and your Legal Guardian must also sign and agree these Terms and Conditions. By signing these Terms and Conditions, your Legal Guardian acknowledges that if you fail to comply with any of the Terms or Conditions, he or she will comply with the Terms and Conditions on your behalf to the fullest extent possible, and will be accountable for any and all loss suffered by us as a result of your non-compliance.
4.2
Subject to clause 5.5, you are responsible for determining the amount held for each Supported Currency and for ensuring that you have sufficient funds for all transactions in the relevant Supported Currency. Subject to certain limits and fees (as set out in the Fees and Limits Table), you may be able to allocate your funds across different Supported Currencies via the Website and/or by such additional methods as we may make available to you from time to time. If you experience any difficulties in allocating amounts via the Website, you are able to allocate amounts via a Distribution Outlet.
4.3
You should memorise your PIN to prevent unauthorised use of the Card, and follow the rules on Card Security (see clause 11 below).
4.4
The Card (and any Additional Card) is our property. We, or any third party we have utilised to manage the Card program, may suspend the use of the Card (and any Additional Card) and ask that you return the Card (and any Additional Card) if we or such third party believes there is a good reason to do so (please see clause 20.2 below). You must ensure that the Card (and any Additional Card) is promptly returned to us if we or our Card program manager ask you to do so.
4.5
The Card is not a credit card and, subject to the Account becoming overdrawn, all use is limited to the amount pre-loaded and standing to the credit of the Account and any other limits referred to in these Terms and Conditions.
4.6
There is no interest payable to you on the credit balance of the Account.
4.7
Amounts can be added to the Account only as specifically provided in these Terms and Conditions.
4.8
The issuance of a Card is subject to you satisfying the relevant application criteria, as determined by us from time to time in order to meet customer identification and customer due diligence requirements set by law, including by providing us with sufficient information and proof in relation to your identity (or sufficient information and proof in relation to the identity of your Legal Guardian, should you be under 18 years of age).
4.9
In certain circumstances we may ask you to provide additional details, including, but no limited to, your source and use of funds. We may ask you to provide additional information in relation to your identity and/or source or use of funds at any time during the life of this Agreement.
4.10
We reserve the right to refuse an application at our sole discretion on any lawful grounds, including, but not limited to, where you do not pass any Compliance Check or where your card profile is inconsistent with our customer profile for the Card.
4.11
You must provide all information to us that we reasonably require in order to conduct any Compliance Check or to comply with any Card Scheme Rule, law or regulation in Hong Kong or any other country.
5
Use of the Card
5.1
The Card (and any Additional Card) may, subject to any applicable fee, be used to withdraw cash from an ATM displaying the UnionPay International acceptance mark and / or to pay for goods and services at merchants or online who accept UnionPay International cards electronically. Please note that the Card is for electronic use only and cannot be used for manual or offline transactions. In addition, the Card must not be used for any unlawful activity. You agree to never give your Card, Additional Card or PIN to another person.
5.2
You may also be able to obtain cash over the counter through a financial institution, such as a bank or bureaux de change, subject to a fee. Please see the Fees and Limits Table for details.
5.3
Certain businesses may not accept the Card as a means of pre-authorising expenditure. If the Card is used for this purpose, some businesses (such as hotels, cruise lines and car rental companies) may pre-authorise the estimated amount of the final bill and this amount will be temporarily unavailable. Only the actual amount of the final bill will be deducted from the Account. When a Card is used to purchase goods for delivery by mail or online an additional charge may be automatically added by the merchant as an anticipated delivery charge. If the actual delivery charge is less, any unused difference may be temporarily unavailable.
5.4
Subject to the application of clause 5.5, the applicable Supported Currency balance (and therefore the Account) will be debited with the amount of each cash withdrawal or transaction and any fee, and these debits will reduce the balance of the applicable Supported Currency (and therefore the Account). Each transaction will require authorisation or validation before completion.
5.5
If there are insufficient funds in a particular Supported Currency to pay for a transaction, the balance of the transaction will be automatically processed using other Supported Currencies loaded on the Card. If following the use of the available balances of all Supported Currencies there are still insufficient funds to pay for a transaction, the Card may be declined or the merchant may allow you to pay the balance by some other means.
5.6
You agree to accept a credit to your Card in the applicable Supported Currency if you are entitled to a refund or other credit for any reason for goods or services purchased using the Card.
5.7
A transaction or payment cannot be stopped once you authorise the use of the Card (or Additional Card).
5.8
ATMs and point of sale terminals are not owned or operated by us and we are not responsible for ensuring that they will accept the Card, or for any fees that the ATM owner or operator may charge.
5.9
You must comply with all laws and regulations (including any foreign exchange controls) in respect of the Card in the country of purchase and/or use.
5.10
By successfully applying for and using the Card, you acknowledge and consent that we do not provide and you will not receive paper statements. Electronic statements showing the Card’s transactions and Account balance are available for viewing and printing through the Account Centre.
5.11
If a person reports that a mistaken payment has been made from the person’s account to your Card, you agree that:
5.11.1
we may inform that person’s financial institution whether or not your Card has sufficient credit funds to cover the mistaken payment; and
5.11.2
freeze those funds, or debit those funds from your Card where we are required to do so under any applicable law, regulation or code.
5.12
If you do not pass any Compliance Check, you acknowledge that we may be required to block access to the Card and/or Account and immediately refuse to process or complete any transaction or suspend or terminate our arrangements with you. You agree that under these circumstances we have no liability to you.
5.13
You agree that we may delay, block or refuse to process any transaction without incurring any liability if we suspect that the transaction:
5.13.1
may breach any law or regulation in Hong Kong, China or in any other country;
5.13.2
involves any person (natural, corporate or governmental) that is itself sanctioned or is connected, directly or indirectly, to any person that is sanctioned under restricted, economic or trade sanctions imposed by the United States Office of Foreign Assets Control, United Nations, the European Union or any country; or
5.13.3
may directly or indirectly involve the proceeds of, or be applied for the purposes of, any unlawful conduct.
5.14
The Card may not be used in any Prohibited Country.
6
Additional Cards
6.1
You may purchase an Additional Card from us, however this will not be Activated at the time of purchase and must be Activated by either calling Customer Services or through the Account Centre. Please see the Fees and Limits Table for the fee that you will be charged for an Additional Card.
6.2
The Additional Card can be used in the same way as the main Card but cannot be used to load/reload amounts to the Account.
6.3
You can de-activate an Additional Card at any time by contacting us via the numbers on the back of your Card, set out elsewhere in these Terms and Conditions, or available on www.travelex.com.hk/nihao or the Website.
6.4
You will be responsible for any transactions made with any Additional Card and for ensuring that an Additional Card is used in accordance with these Terms and Conditions.
6.5
The Additional Card is provided to you for your use as a back up in the event the Card is lost or unable to be used. The Additional Card is strictly for your use only and it and its security PIN should not be provided to anyone else.
7
Account
7.1
Except as otherwise set out in these Terms and Conditions, any liability we have to you is equal to the balance on the Card at any given time and is in the currency of the funds loaded onto the Card. Card loads or reloads will only be credited to the Account once we, or our agent, have received cleared funds from you. Your Account will be debited and will decrease as a result of transactions and any applicable fees, as set out in these Terms and Conditions, as soon as we authorise the relevant transaction. Where a fee applies, that fee will be deducted from the balance on your Card at the relevant time and your Card balance will decrease accordingly. Please see clause 9 for an explanation of how to redeem any unspent balance on your Card.
7.2
Until the expiry of the Card you can add additional funds to each Supported Currency through a Distribution Outlet (who will advise you of the acceptable methods of payment) or through other methods made available from time and set out on the Website. There may be a delay (usually no more than 2 business days if the payment is made before 2pm Hong Kong Standard Time) before funds added to your Account via the Account Centre are available for use.Until the expiry of the Card you can add additional funds to each Supported Currency through a Distribution Outlet (who will advise you of the acceptable methods of payment) or through other methods made available from time and set out on the Website. There may be a delay (usually no more than 2 business days if the payment is made before 2pm Hong Kong Standard Time) before funds added to your Account via the Account Centre are available for use.
7.3
As best as you can, memorise your PIN. For security purposes, you should not keep your PIN written anywhere near your Cards. If you forget your PIN, you can obtain a PIN reminder by calling Customer Services and answering the security questions you supplied on your application.
7.4
You may also be able to make a balance enquiry at some ATMs although availability is dependent on the country and the ATM used. There may be a fee payable (to the ATM operator) for balance enquiries.
7.5
If an ATM displays a balance for the Account, then this may be displayed in CNY or HKD depending on your location, in which case the exchange rate applied may be different to ours and minor discrepancies can arise. An ATM will not display a balance for each Supported Currency. An accurate balance for each Supported Currency can be obtained through Customer Services or through the Account Centre.
7.6
Information sent over the internet may not be completely secure and the internet and any online systems used are not controlled or owned by us, so we cannot guarantee that they will function at all times. You agree that we have no liability for unavailability or interruption of the internet or any online system, or for the interception or loss of Personal Information or other data.
7.7
The Account can only be used if it is in credit. If a particular Supported Currency becomes overdrawn and a Negative Balance arises following any transaction authorised by you, the resulting debit balance immediately becomes a debt payable by you to us and we retain the right to recover this debt by deducting funds held in another Supported Currency. When we convert the Negative Balance into the relevant Supported Currency we will use the same rate that we use for Supported Currency to Supported Currency allocations on the given day we process the transaction. If notwithstanding any such deduction a Negative Balance remains, the resulting debit balance immediately becomes a debt payable by you to us. If the Account does become overdrawn, every attempt should be made by you to stop subsequent transactions.
7.8
If we notice an error in the Account that is our fault, we will correct it within 5 business days of becoming aware of the error.
7.9
If you notice any error in any transaction in your Account, you must notify us immediately and in any event within 30 days of the transaction in question. We may request that you provide additional written information concerning any error and you must comply with that request.
7.10
Provided that you have complied with all reasonable requests for information we will correct the error if it is our or any of our service providers’ fault. If we determine it is not our fault, we will notify you in writing or by email as soon as this decision is made. Where we are required to do so, we normally re-credit the Account within 10 business days, although there may be a delay while investigations are completed.
8
Fees and Limits
8.1
You agree to pay and authorise us to debit the Account for the fees set out in the Fees and Limits Table. These fees may be debited from the Account as soon as they are incurred. Unless otherwise specified, all fees will be debited in HKD. If there are insufficient funds in HKD to pay such fees, then we will automatically deduct funds from other Supported Currencies. Any such deduction of funds may be subject to a fee (refer to the Fees and Limits Table). If we make additional currencies available to you in connection with the Card, then we will notify you of the order of priority for the purposes of this clause 8.1.
8.2
Certain merchants may charge an additional fee if the Card is used to purchase goods and/or services. The fee is determined and charged by the merchant and is not retained by us.
8.3
If there is no credit balance on the Account following the debit of any monthly inactivity fee (refer to the Fees and Limits Table) and the Card has expired, we will automatically close the Account. In these circumstances, if the credit balance on the Account before the debit of the monthly inactivity fee is less than the fee, we will waive the difference.
8.4
Most ATM operators limit the minimum and maximum amounts that can be obtained in a single transaction. These amounts may also be limited by regulatory controls.
8.5
Other limits are also applicable to the use of the Card (and any Additional Card), as set out in the Fees and Limits Table.
Fees
Card Purchase Fee Free
Load Fee HKD 60
Reload fee HKD 30
Paying in shops, restaurants, hotels and online (some merchants may charge a fee) FREE2
Using a cash machine/ATM abroad (some ATM operators charge a fee) FREE2
Domestic (HKD) ATM Fee HKD 20
Additional Card HKD 20
Cashing out at a Distribution Outlet HKD 60
Replacement Card FREE
Transferring money from one Supported Currency to another Subject to an exchange rate determined by us and communicated to you at the time of the transfer
Not using your Card for a long time? If you don’t use your Card for 12 months an inactivity fee will be taken off your balance each month+ HKD 15
Cross Currency Margin 4.95%

 

LIMITS
Maximum total balance at any one time (including all Supported Currencies) HKD 80,000
Maximum load and reload over 12 months (the most you can load onto your Travelex NiHaoCard over 12 month period, including all Supported Currencies) HKD 240,000
Minimum load and reload HKD 800
Withdrawing cash from cash machines over 24 hours (some operators may set their own limits) HKD 8,000
Spending money in shops, restaurants etc. over 24 hours (some merchants may set their own limits) HKD 40,000
Card lifetime See Card for expiry date
Maximum number of attempts when entering your PIN 3 in each 24 hour period
Maximum number of active accounts at any one time 1

2: Merchant transactions and ATM withdrawals in a currency other than a Supported Currency will be exchanged to HKD at an exchange rate determined by us on the day the transaction is processed, plus the Cross Currency Margin of 4.95%. If there are insufficient HKD funds held on the Card to support the merchant transaction or ATM withdrawal you will incur additional charges, as we will exchange your CNY funds into HKD at an exchange rate determined by us on the day of the transaction.
+ If following the debit of any monthly inactivity fee, the Account balance is less than the fee, we will waive the difference.
These fees and limits can change in accordance with these Terms and Conditions. We keep the latest version online at www.travelex.com.hk/nihao
The Card is issued by, and remains the property of, the Issuer. We are a member of the Card Scheme and under obligation to comply with all Card Scheme Rules applicable to us as a member of the Card Scheme.
9
Redeeming Unspent Funds
9.1
You may be able to redeem and cash out any unspent funds on your Card through some Distribution Outlets. Please note that not all Distribution Outlets can provide cash outs. Payment will be in HKD and the exchange rate may vary by Distribution Outlet.
9.2
If you request us to cash out your Card and redeem any balance, we will repay the balance no later than one (1) working day after your request, less the cash-out fee set out in the Fees and Limits Table, subject always to you providing us with clear and correct banking details. In addition, the credit balance available to you will not include un-cancelled pre-authorised or ‘held’ amounts (see clause 5 above), although these sums will be made available to you once the pre-authorisation has been cancelled or the ‘held’ amounts released and the relevant amounts have been re-credited to the Account.
10
Closing the Account
10.1
The Account continues until you ask us to close it and redeem your unspent funds in accordance with clause 9, even if the Card has expired or this Agreement has ended in accordance with clause 20. The Account will be closed and the Agreement will expire in the event your Account balance is nil and your card has expired.
10.2
Once the Account is closed, you must destroy the Card and any Additional Cards by cutting it (or them) in half diagonally, ensuring the chip is destroyed, and disposing of it (or them) securely
11
Card Security
11.1
You must make sure that you keep the Card, any Additional Card, the Security Details and any PINs safe and secure by:
11.1.1
never allowing anyone else to use the Card or anyone else to use the Additional Card;
11.1.2
not interfering with any magnetic stripe or integrated circuit on the Card;
11.1.3
not unnecessarily disclosing the Card or Additional Card number;
11.1.4
1not writing the PIN on the Card;
11.1.5
not carrying the PIN with the Card;
11.1.6
not recording any PIN where it may be accessed by other people;
11.1.7
not giving the PIN to anyone else (including the police, call centre personnel or the Distribution Outlet’s employees);
11.1.8
not giving the Additional Card PIN to any person;
11.1.9
complying with any instructions we give about keeping the Card, any Additional Card and any Security Details safe and secure.
11.2
The Card will be disabled if an incorrect PIN is entered three successive times. If the Card is disabled, please contact the Call Centre to reactivate the Card. There may be a delay (usually 24 hours) in reactivating a disabled Card.
12
Loss, Theft and Misuse of Cards
12.1
If you know or have reason to suspect that the Card is lost, stolen, damaged, likely to be misused or you have reason to suspect that someone else may know the PIN or Security Details, you must immediately notify us by contacting Customer Services or by using the details set out on the Website. We will then suspend the relevant Card and/or Additional Card to restrict further use.
12.2
You may be required to confirm details of the loss, theft or misuse in writing and to provide particular information in the confirmation.
12.3
You must assist us and the police in any enquiries and attempts to recover a lost or stolen Card or Additional Card.
12.4
12.4 If any lost Card or Additional Card is subsequently found it must not be used unless we confirm it may be used.
13
Liability for Unauthorised Transactions
13.1
You will be liable for all Card transactions which you have authorised. You will also be liable for transactions which you have not authorised if:
13.1.1
you have acted fraudulently;
13.1.2
you have failed to use the Card in accordance with these Terms and Conditions;
13.1.3
you have failed to notify us on becoming aware of the Card loss, theft or misuse;
13.1.4
you have failed to take all reasonable steps to keep the Card’s security features safe; or
13.1.5
you have failed to notify us on becoming aware of a transaction on your Card that you do not recognise.
13.2
You must notify us of any dispute without undue delay and in any event within 30 days of the relevant transaction.
13.3
Subject to clause 13.1, you will not be liable for any unauthorised Card transactions. Where you are not liable for an unauthorised transaction we will refund the value of that transaction, including any charged fees, and will have no further liability to you for any other losses you may suffer. However, if our investigations conclude that the transaction you have disputed has been authorised by you or on your behalf, we may charge you an investigation administration fee of up to HKD500.
13.4
1To dispute a transaction(s) on your Card you must complete a dispute claim form. To obtain a dispute claim form, please visit the Website or email us at dispute@travelexnihao.com.
14
Replacement Cards
14.1
If the Card is lost, stolen or damaged, you can request a replacement Card by attending a Distribution Outlet in person or by contacting Customer Services. Prior to the issue of a replacement Card you may be asked to produce proof of identification.
14.2
Replacement Cards are sent to you at your nominated address by express post. If you are overseas replacement Cards can be delivered to you, depending on location and availability.
15
Changing the Terms and Conditions
15.1
We may change these Terms and Conditions (including bringing in new fees, changes in the fees or limits and the services we offer) at our discretion by giving you at least 20 days’ notice.
15.2
We will not be in breach of these Terms and Conditions if we take steps in order to enable us to comply with any law, regulation, Card Scheme Rule or other legal obligation.
15.3
We will not be in breach of these Terms and Conditions if we take necessary action in order to make a change necessitated by an immediate need to restore or maintain the security or integrity of our systems, the Card Scheme’s systems, the relevant transaction processing systems or the Account.
16
Your Personal Information (Important Information about your Privacy)
16.1
By purchasing the Card you consent to us and the Distribution Outlet collecting, using and disclosing your Personal Information under these Terms and Conditions. If you do not agree to our doing so then we cannot make the Card facility available to you and you should not purchase the Card. If you are under 18 years of age, then your Legal Guardian must consent to us and the Distribution Outlet collecting, using and disclosing his or her Personal Information under these Terms and Conditions. If your Legal Guardian does not agree to our doing so then we cannot make the Card facility available to you and you should not purchase the Card.
16.2
You must notify us immediately of any change to your address and other contact details through the Account Centre and by typing the relevant changes yourself or by contacting us. You should also contact us if you change your name. We will not be responsible if you do not receive any notice or correspondence that has been sent in accordance with the contact details you have provided to us.
16.3
You may be required to provide information to us or the Distribution Outlet (including evidence of identity) when purchasing the Card or adding additional funds to the Card.
16.4
We will take all reasonable precautions to keep your Personal Information secure and protect it as described in our Privacy Policy, which is available at www.travelex.com.hk/nihao.
16.5
Your Personal Information may be disclosed by us to third parties to facilitate the provision of the Card Services, to monitor compliance with these Terms and Conditions, for data analysis, to conduct any Compliance Check, or if required by the Card Scheme Rules. We may also disclose Personal Information to collection agencies and lawyers in the event that we seek to recover any money that you owe under these Terms and Conditions.
16.6
You consent to us sending you SMS Service Messages from time to time advising you of Card features, information relevant to your Card, or alerts relating to your Account and Card activity (such as low balance alerts). You can elect to not receive further SMSs at any time by sending “STOP” to the number indicated in the SMS (you acknowledge that your mobile phone provider will charge you their standard SMS fee for sending this SMS).
16.7
Your Personal Information will be processed outside Hong Kong, but all third party service providers are required to have adequate safeguards in place to protect your Personal Information.
16.8
Your Personal Information will not be shared or used for any other purpose except as stated above unless we are required or permitted to do so as a result of any laws and regulations, by a court order or by any business or persons to whom we transfer our rights and obligations under these Terms and Conditions.
16.9
We will continue to keep such of your Personal Information that is necessary after the expiry of the Card or closure of your Account on the same terms as are set out above.
16.10
You are entitled to ask us to supply you with any Personal Information that we hold about you. You must submit your request in writing, as specified in our Privacy Policy. We will delete any incorrect information or correct any errors in any of your Personal Information that come to our notice.
16.11
To aid us in the provision of the services provided under these Terms and Conditions, in the interests of security, and to help us maintain and to improve our level of service, all telephone calls may be recorded and/or monitored.
17
Our Liability
17.1
17.1 We will not be liable to you for any loss due to:
17.1.1
any instructions given by you not being sufficiently clear;
17.1.2
any failure by you to provide correct information;
17.1.3
any failure due to events outside our reasonable control;
17.1.4
any system failure or industrial dispute;
17.1.5
any ATM refusing to or being unable to accept the Card;
17.1.6
the way in which any refusal to accept the Card is communicated to you;
17.1.7
any indirect, special or consequential losses;
17.1.8
any infringement by you of any currency laws in the country where the Card or Additional Card is issued or used;
17.1.9
any dispute between you and the supplier of any goods and/or services purchased with the Card;
17.1.10
our taking any action required by any government, law, regulation or court order; or
17.1.11
anything specifically excluded or limited elsewhere in these Terms and Conditions.
17.2
Unless otherwise required by law or as set out in these Terms and Conditions, we will not be liable to you in respect of any losses you or any third party may suffer in connection with the Card, except where such losses are due to a breach by us of these Terms and Conditions or due to our gross negligence or fraud.
17.3
ATMs and point of sale terminals are not owned or operated by us and we are not responsible for ensuring that they will accept the Card. We will not be liable to you for disputes concerning the quality of goods or services purchased on your Card or any additional fees charged by the operator of these terminals.
17.4
Nothing will limit our liability to you for death or personal injury arising out of our gross negligence or fraud, or insofar as any limitation or exclusion of liability is prohibited by law.
17.5
The Distribution Outlet is only authorised by us to provide the services explained on the Website or on any other materials provided to you by the Distribution Outlet in relation to the Card. We are not responsible for and accept no liability for any other goods or services that may be offered or provided to you by the Distribution Outlet.
17.6
We do not maintain the website through which the Account Centre is accessible. You agree that we are not responsible for any content on that website other than information relating specifically to you, the Account or your Card.
18
Third Parties
18.1
We may transfer our rights and obligations under this agreement with you to any other person or business. If this happens, the person or business to which this agreement is transferred assumes all of our rights and obligations under the agreement. From then on, references in these Terms and Conditions to us are to be read as references to the person or business to which the agreement was transferred.
18.2
Except in the circumstances set out in clause 18.1, nothing in these Terms and Conditions will confer on any third party any benefit or the right to enforce any terms of the Agreement between you and us.
19
Governing Law
19.1
These Terms and Conditions are governed by the laws of Hong Kong and any legal questions concerning the Terms and Conditions will be decided under those laws.These Terms and Conditions are governed by the laws of Hong Kong and any legal questions concerning the Terms and Conditions will be decided under those laws.
19.2
You submit to the non-exclusive jurisdiction of the courts of Hong Kong to hear and determine any disputes or legal questions concerning these Terms and Conditions.
20
Ending this Agreement
20.1
You may end this Agreement at any time by writing to, or emailing, us. You may close the Account in accordance with clause 10 above.
20.2
We may, with or without notice and without incurring any liability to you, ask for the return of the Card , cancel or suspend its use and/or end this Agreement if we have good reason to do so, including but not limited to where:
20.2.1
we consider the Card has been or is likely to be misused;
20.2.2
you breach any of these Terms and Conditions;
20.2.3
we suspect any illegal use of the Card; or
20.2.4
you, or where applicable your Legal Guardian, gave us or the Distribution Outlet false, inaccurate or incomplete information when you applied for the Card.
20.3
We may end this Agreement for any other reason, or without assigning a reason, by giving you at least 30 days’ notice.
20.4
Even if the Agreement comes to an end in accordance with this clause 20, the Account will continue until you close it in accordance with clause 10.
Global Web Sites