HSBC Bank (Taiwan) Limited Samsung Pay Service Terms and Conditions
In order to apply for using Samsung Pay with the credit card issued by HSBC Bank (Taiwan) Limited (hereinafter referred to as the “Bank”), the cardholder has hereby read carefully and agreed to be bound by the following terms and conditions (hereinafter referred to as the “Terms”):
Article 1. Definitions
“Credit Card”: It means the specific credit card issued by the Bank to any individual customer and selected by the Company to apply to registration of the Samsung Pay app.
“Samsung Pay”: It means the mobile payment service system made available via such mobile payment technologies developed and offered by Samsung Electronics Co., Ltd. (referred to as Samsung) which encompasses such secured application and storage media, SE TSM or Host Card Emulation (HCE) and upon working with credit card issuers. The cardholder may use his/her credit card via an Samsung mobile device for shopping online or at any physical store.
“Samsung Pay app”: It means an app in the Samsung mobile device, which allows the cardholder to register and digitize his/her credit card onto the device for the purpose of conducting purchase transaction both online (In-app purchase) and at physical store in place of a physical credit card.
“Mobile Device”: It means an electronic device, such as a smart phone, pad, smart watch or other equivalents.
“Cardholder”: It means the person who is granted the right to use the credit card upon the Bank’s approval, including the primary cardholder and supplementary cardholder, unless otherwise agreed.
Article 2. Applicability of Terms
With respect to matters related to usage of a credit card via Samsung Pay between the cardholder and the Bank, the Terms herein shall apply as the first priority. In the event where such matters arises which is beyond the coverage of the terms and conditions herein, reference should be made and addressed according to the Credit Card terms and conditions master agreement.
Article 3. Registration and Usage of the Credit Card in the Samsung Pay app
The cardholder shall register his/her credit card in accordance with the registration guidance identified in the Samsung Pay app. In the event where the credit card is not applicable to the Samsung Pay app or fails to pass the verification or must be cancelled, suspended or terminated according to the credit card terms and conditions, the cardholder’s registration will be rejected. In the process of the registration, the cardholder shall provide the accurate, complete and up-to-date information. In the event of any update of the information provided by the cardholder, the cardholder shall notify the Bank immediately. The liability arising from any incorrect, inaccurate or out-of-date information in the process of the registration, if any, shall be borne by the cardholder.
There shall be no additional fees for the usage of the credit cards via the Samsung Pay app, provided that the cardholder shall bear the fees related to the physical credit card. Meanwhile, the cardholder’s telecommunications service provider, IP service provider or Samsung Pay service provider might charge fees for online transmission, SMS or other services when the cardholder is using the Samsung Pay app. In the event where the cardholder travels overseas, he/she shall also ensure that he/she has already understood said charges, which shall be borne by him/her solely, if any.
The Bank shall be entitled to decide the credit cards which are applicable to the Samsung Pay app and also reserve the right to approve the Service. The Bank might set the limit of transaction value per transaction conducted via the Samsung Pay app.
The cardholder understands that the Samsung Pay app services are made available by the Samsung Pay service supplier on supported mobile devices only. The Bank will not be liable for some of the services which are beyond the Bank’s control, including but not limited to, (a) performance or operation of related mobile devices; (b) performance or operation of related Samsung Pay apps; or (c) the Samsung Pay service provider ceases to use, or prohibits the cardholder from using, the Samsung Pay app, or the cardholder’s mobile device no longer supports the Samsung Pay app.
Article 4. Cardholder’s Liability of Custody and Risk
The cardholder shall maintain the credit card information with care, including but not limited to, the credit card number, expiry date, cardholder’s name, card security code, and other information which enables identifying the cardholder. The cardholder shall keep any other person from using the cardholder’s credit card and shall ensure that the credit card and information thereto remain safe and are stored in a safe place.
The cardholder shall maintain confidentiality of such security information which includes Samsung Pay username, login-in password, fingerprint and credit card token number and prevent any other person from using the cardholder’s credit card via Samsung Pay.
In the event where the cardholder allows another person to use such security information as his/her username, log-in password, fingerprint or credit card token number, or to register another person’s password or fingerprint on the cardholder’s device, the cardholder shall be held as having disclosed the information which may identify the cardholder, intentionally or negligently, and shall bear the liability and loss arising therefor.
In the event of occurrence or suspicion of any of the following circumstances, the cardholder shall notify the Bank immediately: (a) where the cardholder’s credit card or mobile device is lost, stolen or revised; (b) where any other person accesses such security information as the cardholder’s username, log-in password, fingerprint and credit card token number, or the Samsung Pay app has been used by any other person once.
The cardholder shall remove the credit card registered inside the Samsung Pay app before disposing of his/her mobile device or handing over the same to any other person (e.g. when the mobile device is under maintenance and repair).
The cardholder acknowledges that the usage of their credit card via the Samsung Pay app might give rise to a transaction without authorization, and agrees to accept the risk arising therefor, if any. The cardholder agrees to be liable for an order placed by, and the transaction conducted by, the credit card via the Samsung Pay app.
Subject to the said terms and conditions, any dispute arising from transactions by the cardholder’s credit card used via Samsung Pay (e.g. loss and burglary), if any, shall be settled in accordance with the Bank’s credit card terms and conditions master agreement.
Article 5. Personal Information
The cardholder agrees that the Bank may collect, process and use the information related to the cardholder’s usage of the credit card via Samsung Pay, including the transaction, technology and location information and the cardholder’s personal information, in addition to other general information, and shall apply the Bank’s directions for collection, processing and utilization of such personal information and the related laws and regulations. The cardholder also agrees that the subjects entitled to use said information and personal information shall include but not be limited to (a) Samsung Pay service providers who support the credit card, and the assignees, agents or affiliated companies managed or commissioned by the Samsung Pay service providers; and (b) the credit card payment network and organization, and the assignees, agents or affiliated companies managed or commissioned by the network or organization.
In order to help the cardholder access the transaction record, the latest transaction record or other information about the cardholder’s usage of the credit card via Samsung Pay will be displayed in the Samsung Pay app. Where the cardholder wishes to set/reject the display of such information in the Samsung Pay app, he/she shall contact the Samsung Pay service provider to ask for details about setting/rejection of the display.
Article 6. Suspension, Resume, Removal, Replacement or Update of a Credit Card in the Samsung Pay app
The cardholder may utilize the Samsung Pay app or contact the Bank to suspend or resume the credit card usage in the Samsung Pay app.
In the event where the cardholder wishes to stop using the credit card in the Samsung Pay app, he/she may proceed to remove the credit card from the Samsung Pay app. Cardholder could re-register the credit card again at any time after the successful removal should they so wish to.
The cardholder’s usage of the physical credit card remains unaffected by suspension or removal of the credit card from the Samsung Pay app, if any. The related matters shall be implemented in accordance with the Bank’s credit card terms and conditions.
Where the physical credit card which is registered by the cardholder for Samsung Pay is re-issued due to loss, burglary or fraud, the Bank will terminate the original credit card in the Samsung Pay app. The cardholder shall proceed to perform re-registration upon receiving the new card.
Where the cardholder removes the mobile device passcode or deletes or re-sets the mobile device, the credit card in the Samsung Pay app will be deleted accordingly, and the cardholder will be required to re-register the credit card in order to continue utilizing the Samsung Pay service.
Under certain circumstances for security reason, cardholder might be asked to re-register the credit card in the Samsung Pay app in order to continue enjoying the convenience of Samsung Pay service.
Unless under circumstances which meet the prohibition of the credit card or discontinued renewal of the card referred to in the Bank’s credit card terms and conditions, the Bank will send a new card to the cardholder prior to expiration of the old credit card. Upon the cardholder’s activation of the new card, the Bank will update the credit card information in the Samsung Pay app automatically and it is unnecessary for the cardholder to re-register the credit card.
Article 7. Changes of the Contents of Service and Amendments to the Terms Herein
Unless otherwise prohibited by laws, the Bank may (a) terminate the cardholder’s usage of the credit card via Samsung Pay; (b) change or suspend transaction by the cardholder’s credit card via Samsung Pay or the transaction amount; (c) change the authority of credit card used via Samsung Pay; or (d) amend cardholder verification method.
In the event where the Bank prohibits the cardholder’s usage of the physical credit card or terminates the credit card contract in accordance with the Bank’s credit card terms and conditions, the cardholder will no longer be able to use the card via Samsung Pay (even if the Samsung Pay app or mobile device still displays the icon of the credit card). Where the cooperation agreement between the Bank and the Samsung Pay service provider is terminated, the cardholder will no longer able to continue to use the card via Samsung Pay.
In the event where the Service is terminated due to changes of the laws, the competent authority’s order, or any other circumstances not attributed to the Bank, the Bank may post the information on its homepage and then proceed to amend or terminate the services and/or the Terms herein.
In addition to said circumstances, the Bank may also amend the Terms herein, subject to business needs or if necessary, and advise the cardholder of the amendments via mail, monthly statement of account, public notice on the website, public notice at the business place and/or in electronic form (e.g. email, SMS, or e-message sent by the Samsung Pay app) or in any other agreed manner. The cardholder’s continued use of the credit card via Samsung Pay upon amendment to the Terms herein, if any, shall constitute his/her agreement to the amended terms and conditions.
Article 8. Intellectual Property Rights
The intellectual property rights related to Samsung Pay (including patents, trade secrets, trademarks, service marks, images, patterns, and display logos) shall be owned or registered by the Bank or the Samsung Pay service provider. The cardholder agrees that no license related thereto will be granted to him/her via the Samsung Pay app or upon his/her registration or usage of the credit card.
Article 9. Disclaimer
The Bank is not the Samsung Pay service provider and, therefore, will not warrant the availability of Samsung Pay. The Bank will not be liable for any overdue usage or failure to complete the transaction via Samsung Pay. The cardholder acknowledges and agrees that the usage of a credit card via Samsung Pay is likely to be interrupted or suspended due to some circumstances beyond the Bank’s control. The Bank will not bear the liability arising from the cardholder’s usage of, or failure to use, the credit card via Samsung Pay. The Bank will not be liable for the Samsung Pay service provider’s performance, or the arrangement and agreement between the cardholder and a third party and related to the Samsung Pay app. The cardholder’s Internet speed and reliability or mobile service access shall rely on the cardholder’s network and/or mobile service provider, which the Bank will not be liable for.
Article 10. Other Clauses
The cardholder agrees that the documents related to usage of Samsung Pay shall be expressed in an electronic form. The electronic documents exchanged under the Agreement shall have the same binding effect as those in written form.
The Terms herein shall be governed by the R.O.C. laws. Both parties agree that the litigation arising from the Terms herein, if any, shall be submitted to the jurisdiction of Taipei District Court, Taiwan in the first instance, provided that the application of Article 47 of the Consumers Protection Act or Article 436-9 of the Code of Civil Procedure about the court having jurisdiction over small claim actions shall not be precluded therefor.
The Terms are made in Chinese and English version. In case of discrepancies between the Chinese and English versions, the Chinese version shall apply and prevail.