IMPORTANT
Please read very carefully the terms and conditions herein and only use lookcard.io Platform (the “Platform”) and its associated products/ services if you are agreeable to the terms and conditions herein. By using the platform, you shall be deemed to have accepted the terms and conditions and shall be bound by them.
GENERAL
In consideration of Lookcard Limited (Registration No 73091997) (hereinafter called the “Company”) agreeing to make available the platform and Credit Card to any Users, the Users hereby agrees to be bound by the following terms and conditions:
- DEFINITIONS
In this Agreement, the following words and expressions shall have the following assigned meanings, unless the context otherwise requires:
TERM | DESCRIPTION |
---|---|
“3D Secure” | Means the secure protocol designed to ensure enhanced security and strong authentication for the Cardholder when the Cardholder uses his/ her Credit Card for online purchases that require OTP. It is also called “Verified by Visa”. |
“Agreement” | Means this Cardholder Agreement including any addendums that may be added by the Company from time to time. |
“ATMs” | Means automated teller machines. |
“Business Day(s)” | Means any day (excluding Saturdays, Sundays and Public Holidays) on which banks are open for business in Hong Kong. |
“Card” | Means the LookCard+ Credit Card or any other co-brand card issued by the Company. |
“Cardholder” | Means the registered individual who is the holder of the Credit Card and authorised by the Company to use the card in accordance with this Agreement. |
“Current Account” | Means the platform Current Account Wallet which is non-interest bearing to be opened and maintained by the Company for the issuance and use of the card and from which deposit, payment or withdrawal for any purchases of goods and/ or services by the Cardholder and any other applicable fees, charges and/ or taxes are to be deducted or debited. |
“Credit Limit Wallet“ | Means the Company Credit Limit Wallet which is non-interest bearing to be opened and maintained by the Company for securing the credit limit for the credit card. |
“Contactless Reader“ | Means a point-of-sale device at which a credit card may be used on contactless mode to execute transactions. |
“Customer Support Help Desk” | Means the Company’s Customer Support Help Desk at +852 3001 1108. |
“Digital Currency” | Any digital assets (such as stable coins and tokenized assets), accepted, and supported by the Company, and subject to revision, prohibitions, and limitations at any time. |
“e-Statement“ | Means the monthly statement setting out the transaction history accessible by the Cardholder from the Mobile Application or email. |
“Merchant(s)” | Means any retailer, or any other person, firm or corporation, its employees, servants or agents that agrees to accept the Card and have agreed to provide goods and/ or services to the Cardholder upon presentation of the Card by the Cardholder and upon the terms and conditions herein. |
“Minimum Collateral Amount” | Means the minimum sum of money or asset value required to be held as security against a financial obligation. This amount is intended to cover potential risks or losses in case of default or non-performance. |
“Mobile Application“ | Means the mobile software application downloaded and installed by a Cardholder into a Mobile Device in order to obtain access to the applicable Mobile Transaction Services. |
“Mobile Device(s)” | Means the mobile phone or such other communication device which is used to access the applicable Mobile Transaction Services. |
“Mobile Transaction Services“ | Means the Services which may be accessed by the Cardholder via the Internet, Mobile Application, Mobile Device or any other electronic medium. |
“OTP” | Means One Time PIN which is a 6-digit code generated by the Company to facilitate Cardholder’s 3D Secure online transactions and/ or Card PIN creation/ change and/ or Mobile Application transactions. This OTP is only valid for one session or transaction, on a digital device. |
“Personal Data” | Shall have the same meaning prescribed in Personal Data Protection Act 2010. |
“PIN” | Means the personal identification number issued on the Card whereby the Cardholder must enter his or her PIN to complete transactions as and when PIN entry is required by ATMs and/ or any point-of-sale devices. |
“Stored Value Currency“ | Means currency is US Dollars. |
“Deposit/ Top-Up“ | Means the top-up amount or further reload amount deposited by the Cardholder into the Current Account Wallet, to increase the available balance, and allowed for transactions such as repayment, credit limit increment, inter-transfer among the Platform’s holders. |
“Transaction(s)” | Means any type of transaction effected through or in connection with the use of the credit card, including but not limited to, the Mobile Transaction Services, online inquiries and any other electronic mode of communications relating to the Card. |
“Visa” | Means Visa Inc., P.O. box 8999, San Francisco, CA 94128, United States of America and includes its successors-in-title and assigns. |
“Wallets” | Mean the separate wallets within the credit card account that holds one or more of the digital currencies. |
“Websites” | Means www.lookcard.io. |
Unless the context otherwise requires:
- Words denoting one gender include all other genders and words denoting the singular to include the plural and vice versa
- If any expiry date or period of time falls on a day which is not a Business Day, then that period is to be deemed to only expire on the next Business Day
- The headings in this Agreement are inserted merely for convenience of reference and shall not affect the interpretation of the provisions herein contained
- EVIDENCE OF AGREEMENT
The Cardholder’s signature and/ or biometric authentication provided during the Credit Card application process shall constitute the Cardholder’s agreement to the terms and conditions herein governing the usage of the Card. - APPLICATION AND ACTIVATION OF THE CARD
- To be eligible to apply the card, Cardholder must be at least 18 years old and provide valid identification and any additional documentation required by the Company.
- Cardholder must complete and submit the application form. The Company reserves the right to approve or deny your application based on the information provided.
- Cardholder are responsible for providing accurate and complete information on the application form. Any false or misleading information may result in the rejection of your application or the cancellation of your card.
- If applicable, a non-refundable application fee may be charged. Details of the fee will be provided in the application form or accompanying documentation.
- An initial refundable deposit of a minimum of USD 500 is required for card activation. This deposit will be allocated as follows: 80% will be used to establish credit limit, and 20% will be held as a minimum stored value or collateral.
- Upon approval of your application, Cardholder’s virtual credit card is created in the platform’s mobile application. Cardholder must activate the card by depositing the initial required amount to Credit Limit Wallet to obtain credit limit and activate the card.
- Cardholder may use the virtual card for spending while waiting for the arrival of the physical card (upon ordering by Cardholder). Upon receiving the physical card, cardholder required to activate the physical card by using the provided activation instructions in the welcome pack, which may include verifying your identity and setting a PIN.
- The Card shall be valid for such period indicated on the face of the Card unless terminated earlier in accordance with this Agreement.
- The card will be automatically renewed unless you notify us otherwise.
- Cardholder agree to use the card in accordance with the terms and conditions outlined in this agreement. Misuse or fraudulent activity may result in the suspension or cancellation of credit card.
- The Cardholder acknowledges and agrees that the Company may refuse to accept the registration of the Card without being under any obligation to inform the Cardholder of its reason for such refusal and such decision shall be final and conclusive.
- The Cardholder hereby agrees that the Company shall not, in any manner whatsoever, be held responsible for any loss incurred and/or damage suffered by the Cardholder as a result of failure to activate the Card.
- USE OF CARD
Subject to the terms and conditions of this Agreement, the Cardholder may use the Card for such Transactions set out in Clause 9 below or any other Transactions the Company may determine from time to time.
The Cardholder acknowledges that the Card is non-transferable and the Card shall only be used exclusively by the Cardholder and shall not give the Card to any other third party or allow them to use it to effect Transactions.
The Cardholder must take all reasonable precautions to prevent the Card, including but not limited to the Card number, the Card PIN, OTP, the password, any internet password and internet identity number/ code or any other security details relating to the Card or Card Account (the “Card Security Details) from being misused or being used to commit fraud. These precautions include but not limited to:- Signing the Card as soon as it is received from the Company and complying with any security instructions provided
- Protecting the Card, the Card PIN, OTP and any Card Security Details
- Destroying any notification of the OTP and/ or any Card Security Details
- Not writing down the Card PIN, OTP and/ or the Card Security Details nor disclosing them to any other person under any circumstances or by whatever means (including persons in apparent authority, family members or spouse), and the Cardholder shall be fully responsible and liable for all transactions effected by the use of the Card PIN or OTP whether with or without knowledge or authority of the Cardholder;
- Not allowing another person to see his/ her Card PIN and/ or OTP and/ or any Card Security Details at all times
- Not selling, damaging, manipulating, replicating or tampering with the Card or do any act of modification to the Card
- Regularly checking that the Cardholder still has his or her Card
- Ensuring that the transaction amount is correct before the Cardholder signs any vouchers or transaction records given to him or her by any Merchants or financial institutions or before the Cardholder enters Card PIN and/ or OTP at the Merchants’s point-of-sale device and/ or at any electronic banking terminals
- Keeping Card receipts securely and disposing of them carefully
- Remembering to retrieve Card after use
- Contacting the Company immediately relating to any suspicious matter or problem regarding the use of the Card at a device or terminal; and
- Checking the monthly e-Statement promptly and regularly and reporting any suspicious activities immediately.
- CARD IS THE PROPERTY OF THE COMPANY
The Card shall remain the property of the Company at all times, and the Cardholder shall surrender the Card to the Company on demand, failing which the Company reserves the right to withdraw or suspend the Card and/ or services offered thereby at any time without prior notice to the Cardholder, and where the Company deems fit, to terminate the use of the Card without assigning any reasons whatsoever. The Card may only be used subject to the conditions of use, instructions and guidelines as may be prescribed by the Company from time to time. - PERSONAL IDENTIFICATION NUMBER (“PIN”)
- Once the card production is completed, the card will be delivered to the Cardholder along with the temporary PIN in the welcome pack.
- The Cardholder, upon receipt of the temporary PIN, shall immediately change the temporary PIN to a new PIN of his or her choice. The Card PIN is a secret 6-digit number chosen by the Cardholder.
- The Cardholder can change the Card PIN via Mobile Application.
- The Cardholder acknowledges that the PIN serves as a means of authenticating and verifying his or her identity for the purposes of Transactions and hereby authorises the Company to accept, follow and act upon all requests or instructions when identified by the PIN and the Company shall not be liable for acting upon such requests or instructions notwithstanding any error, fraud or forgery, lack of clarity or misunderstanding in respect of such requests or instructions.
- The Cardholder agrees to act responsibly with regard to the Website and Mobile Transaction Services and their use. The Cardholder shall not access the same if his or her Mobile Device is not free of malware or viruses, and shall not violate any laws, interfere or disrupt computer networks, impersonate another person, gain any unauthorized entry or interfere with the Website or Mobile Application’s systems and integrity.
- In the event of lost or stolen Card as reported by the Cardholder and upon Company agreeing to issue the Cardholder with a new Card, a temporary PIN for the new Card will also be issued by the Company. The Cardholder will not be able to use the existing PIN for the new replacement Card. The Cardholder has to create a Card PIN of his/ her choice.
- DEPOSIT OR TOP UP
- The Cardholder may increase the Current Account Balance through Top-Up.
- Where applicable, the Cardholder must ensure that there are sufficient funds in his or her Current Account Wallet to pay for monthly repayment including the applicable fees and charges imposed for the Transactions. Where applicable, the Cardholders are not allowed to use the Minimum Stored Value/ Collateral.
- The Top-Up Channels are not fixed, and users have the flexibility to choose whichever platform they prefer to deposit digital currencies to the platform. Please note that a fee will be incurred for each deposit.
- Each Top-Up must be done in USDT/ USDC only.
- All Top-Up shall not be considered to have been made until the Company has received and processed the actual good value for the relevant reload. Company shall not be liable for any delay in crediting such reloads in the Current Account Wallet for use.
- The Company may suspend, revoke and/ or block any Top-Up to the Current Account Wallet if the Company suspects that such reloads are irregular or illegal.
- MANNER OF USE
- The use of the Card or Card PIN or OTP as well as services, functions and facilities available in connection with the Card, including the Mobile Transaction Services, shall be subject to these terms and conditions (as may be varied, modified or supplemented by Company from time to time in accordance with Clause 27) and to the compliance with such requirements, limitations and procedures as may be imposed by any regulatory authority or the Company from time to time.
- The Cardholder may use the Card to effect a transaction (whether by way of payment for purchase of goods or services from any Merchants and/ or cash withdrawal at any ATMs that display the VISA logo) provided that the Cardholder has sufficient available Credit Limit.
- The Cardholder shall be responsible for all goods and services tax and all other taxes that may be imposed on or payable in respect of any amount required to be paid under this Agreement or any Transaction. The Cardholder hereby authorises the Company to charge the amount for all goods and services tax and all other taxes and any applicable fees and charges to his or her credit card without prior notice. For further details, please log on to the Website.
- The Cardholder shall be solely responsible to ensure that the transaction amount is correct before effecting his or her payment. By signing a sales transaction slip or entering the Card PIN or OTP or otherwise using the Card at any electronic point of sale terminal, it is deemed that the Cardholder has agreed to the transaction and confirmed the amount is correct.
- The Cardholder agrees that the Company may from time to time amend/ impose maximum daily transaction limit and daily withdrawal limit, and the Cardholder shall strictly comply with such limits imposed.
- The Cardholder acknowledges that services relating to the Card may be inoperative or interrupted from time to time, and if it occurs, The Company shall not be liable or responsible for any interruption on the use of the Card.
- The terms and conditions, the availability and the use of the Card shall, where applicable, be subject to Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Cap. 615) and all rules, regulations, guidelines, notices, and restrictions issued by the Hong Kong monetary Authority (HKMA), Visa, and any other relevant bodies or authorities having jurisdiction over the Company, where applicable.
- USE OF CARD
- CASH WITHDRAWAL FROM ATM
- The Cardholder may perform cash withdrawals at any ATMs that display the Visa logos, and it shall also be governed by the relevant bank’s ATM terms and conditions in addition to this Agreement, subject always to there being sufficient funds/ credit limit available in his or her credit card. The use of the Card to perform a cash withdrawal shall be deemed to constitute the Cardholder’s agreement to pay all applicable fees and/ or charges as may be prescribed from time to time.
- The Cardholder shall not make any cash withdrawals from any ATMs which exceed any prescribed withdrawal limitation of the ATM or any other limits, conditions and amount as may be determined by the Company or the respective ATM networks.
- Any cash withdrawals performed shall only be in foreign currency of that particular country or jurisdiction.
- TRANSACTION WITH MERCHANTS
- In addition to the right to purchase good and/ or services from the Merchants, the Cardholder may be entitled to obtain such discounts, benefits and privileges as the Company may from time to time notify the Cardholder PROVIDED THAT the Card shall be valid during the time of purchase and has not been cancelled by the Company for any reasons whatsoever.
- The issue of the Card does not imply any obligation on the Company that the Card will be honoured by the Merchants upon its presentation or use. Any complaint in respect of the refusal of any Merchants to accept the Card shall be resolved directly with such Merchants. The Cardholder shall not be entitled to set-off or counterclaim against Company or to withhold payment to Company on account of such complaint or under any circumstances whatsoever in respect for any payment made to any Merchants notwithstanding any claim or dispute that the Cardholder may have against the Merchants.
- All Transactions with Merchants carried out by the Cardholder at Merchant outlets, online transactions and/ or via the Mobile Application and/or via any platform made available by the Merchants shall firstly be made in the currency of the jurisdiction where the Transaction took place or in the currency in which the Transaction is denominated.
- The amount will then be converted to the stored value currency in USD, with applicable fees and charges. Please note that additional fees may apply for international or cross-border transactions, including currency conversion fees and foreign transaction fees.
- CARD NOT PRESENT
- For all online transactions and transactions via Mobile Application, the Cardholder agrees that any entry of his or her Card information (and OTP, if required) shall be regarded as a genuine and legitimate instruction from the Cardholder, and the Company is under no obligation to verify the identity or the authority of the person entering the Card information or OTP. Company reserves the right, at its sole and absolute discretion, to refuse or reject any such transaction if the Company doubts its authenticity or it is suspicious or unlawful, but the Company shall not be obliged to investigate the transaction
- For all online transactions and transactions via Mobile Application, the Cardholder agrees that any entry of his or her Card information (and OTP, if required) shall be regarded as a genuine and legitimate instruction from the Cardholder, and the Company is under no obligation to verify the identity or the authority of the person entering the Card information or OTP. Company reserves the right, at its sole and absolute discretion, to refuse or reject any such transaction if the Company doubts its authenticity or it is suspicious or unlawful, but the Company shall not be obliged to investigate the transaction
- CASH WITHDRAWAL FROM ATM
- CUSTOMER SUPPORT
Customer support enables you to communicate with the Company wherein you may make a request to by accessing this portal through a call at +852 3001 1108 or at support@lookcard.io to do the following:- Assistance with activating your LookCard+ Credit Card
- Guidance on how to add funds to your Current Account Wallet and Credit Limit Wallet.
- Report and resolve dispute regarding unauthorised or incorrect transactions.
- Requesting a replacement for lost, stolen or damaged cards
- Information on applicable fees, charges, and foreign transaction costs
- Freezing your card in case of loss or fraud, and unfreezing it when recovered
- Updating your personal information
- Initiating the cancellation of your credit card
- General enquiries about the products and services.
- CARD WITH CONTACTLESS TRANSACTION ENABLED FEATURES
- The Cardholder acknowledges that the Card will incorporate a feature which enables the Card to be utilised to pay for goods and services by tapping the Card at Contactless Readers/ Terminals. This Card and the related contactless devices and terminals will carry Visa payWave logos.
- The contactless transaction exceeding a certain amount (per transaction amount or cumulative amount for the day) will require the Cardholder to enter his/ her Card PIN at the point-of-sale terminals.
- The Cardholder acknowledges and agrees that the use of the performance of contactless transaction is at the absolute risk of the Cardholder and the Cardholder shall be liable for all contactless transactions regardless of whether or not the transactions were authorised by the Cardholder. All contactless transactions will be deemed to have been properly authorised by the Cardholder.
- LOSS/ THEFT/ UNAUTHORIZED USE OF CARD
- The Cardholder must keep his or her Card, Card PIN, OTP and Card information secure and use all reasonable precautions to prevent the loss, theft or unauthorised use of the Card and ensure that his or her Card PIN and/or OTP and/or Card information is not disclosed to any other person. The Cardholder agrees that he or she shall be fully and solely responsible and liable for all transactions effected by the use of the Card including online transactions and transactions via Mobile Application and/or the Card PIN and/or OTP and/or the Card information whether authorised or unauthorised.
- In the event the Card is lost, stolen or suspected of being compromised or used in an unauthorised way or Card PIN and/or OTP and/or Card information is disclosed to any unauthorised person, the Cardholder shall notify the Company immediately of the same by calling the Customer Support Help Desk followed by a written confirmation, facsimile and/ or electronic mail. In certain circumstances, the Company may also require the Cardholder to lodge a police report of the loss, theft or disclosure and provide a copy of the police report and any other information that the Company may require. Company reserves the right not to entertain any claims of lost or stolen Card if the information given by the Cardholder is deemed incomplete.
- The Cardholder shall remain fully and solely responsible and liable for all transactions carried out using his or her Card including online transactions and transactions via Mobile Application prior to the Card Account being blocked by the Company.
- REPLACEMENT CARD
- During the validity period of the Card, subject to payment by the Cardholder of any replacement Card fee imposed by the Company, a replacement Card shall be issued, at the Company discretion, in the following circumstances:
- due to loss or theft of the Card; or
- due to faulty, damaged or defective Card arising from the Cardholder’s own negligence
- In the event the Cardholder does not wish to receive the replacement Card, his or her credit card shall be terminated, and the initial deposited amount shall be refunded to the Cardholder (less any applicable fees and charges) within ninety (90) days from the date the request was made and received by the Company.
- During the validity period of the Card, subject to payment by the Cardholder of any replacement Card fee imposed by the Company, a replacement Card shall be issued, at the Company discretion, in the following circumstances:
- EXPIRY
- A Card shall not be valid or useable upon its expiry. The expired Card will need to be replaced with a new Card.
- In the event that there is outstanding balance in the expired credit card, upon activation of the new Card, the Company shall transfer the outstanding balance from the expired credit card to the Cardholder’s new credit card.
- In the event that upon the expiry of the Card, the Cardholder does not wish to be issued with a new Card, his or her credit card shall go through termination request and the initial deposit shall be refunded to him or her (less any applicable fees and charges), within ninety (90) Days from the date the request was made and received by the Company.
- CANCELLATION/ TERMINATION BY CARDHOLDER
- The Cardholder may, at any time on his or her own accord request to cancel or terminate his or her Card. The Cardholder can only cancel the Card by contacting the Customer Support Team or send in email request.
- Upon receipt of the Cardholder’s cancellation request, the Company will terminate the Card. Where the termination was carried out upon the Cardholder’s request, the initial deposit will be made available (less any applicable fees and charges) within ninety (90) days from the date the request was made and received by the Company.
- The Cardholder shall remain liable for any transaction effected through the use of his or her Card prior to receipt by the Company of the cancellation request and confirmation by Company on the cancellation.
- The Cardholder acknowledges and agrees that upon opting to terminate the credit card, personal details of such Cardholder which is stored by the Company may not be deleted entirely. Company may in accordance with regulatory requirements and record keeping obligations store the Cardholders personal details or transactional data of Cardholders in accordance to its privacy policy and applicable laws.
- The cancellation or termination of your credit card does not result in the deletion or closure of your Current Account Wallet. Even if the credit card is terminated, your Current Account Wallet on the platform will remain active and fully functional.
- You will still be able to access and manage your funds, conduct transactions, and use all available services within the platform through your current account wallet.
- Should you choose to obtain a new credit card in the future, your Current Account Wallet can be linked to the new card without disruption to your existing funds or service.
- It is your responsibility to manage your Current Account Wallet and ensure that all transactions and activities comply with the Company’s terms and conditions, even after the credit card has been cancelled or terminated.
- ONLINE ACCOUNT AND MOBILE APPLICATION
- The Cardholder acknowledges that his/ her opening, download and use, where applicable, of the Online Account and/or the Mobile Application shall be on a non-exclusive and non- transferable basis and is subject always to the following additional conditions.
- The Cardholder shall not use the Online Account or Mobile Application for any purpose other than to access the Cardholder’s own Account;
- The Cardholder shall not download or install the Mobile Application into a Mobile Device which the Cardholder does not own or have exclusive control;
- The Cardholder shall not permit or enable any person to access the Account or Mobile Application, or leave your electronic device or Mobile Device unattended in such a manner as to enable a person to access the Online Account or Mobile Application;
- The Cardholder shall not reproduce, modify or reverse engineer the Mobile Application or permit another person to do so;
- The Online Account and Mobile Application is made available to the Cardholder strictly on an “as is” basis, and to the extent as permitted under law and/or regulation, no warranty is made in relation to the Online Account or Mobile Application, including any warranty in relation to its merchantability, fitness for purpose, satisfactory quality or compliance with description, and all warranties which may be implied by law or custom are hereby excluded. In addition, the Cardholder agrees that the Company cannot ensure that the Online Account and Mobile Application will be compatible or may be used in conjunction with any electronic device or mobile device, and the Cardholder agrees that unless inconsistent with the other expressed provisions herein, the Cardholder shall not hold the Company liable for any such incompatibility or for any loss or damage to any electronic device or mobile device which may be caused by the Online Account or Mobile Application or the installation process.
- Device compatibility. The Mobile Application currently only works on certain compatible electronic devices or smartphones and other devices as determined by the Company. The Company may change the version of the operating system that works with the Mobile App at any time. Some features may not be available on all platforms or operating system.
- Application Stores. The Cardholder may download the Mobile Application from the authorized Apple App Store and Google Play. Updates to the Mobile Application may be issued by the Company from time to time via the Apple App Store and Google Play stores. Depending on the update, you may not be able to use the Mobile Application until you have downloaded the latest version of the Mobile Application and accepted any new term.
- Security. The Cardholder shall not open, install or use the Mobile Application on a jail-broken or rooted device. Unauthorised modification to any mobile devices’ operating system bypasses security features and can cause numerous issues to the hacked devices. Company strongly cautions against opening or installing the mobile application on any hacked mobile devices. For the avoidance of doubt, the Company shall not be liable for any losses that is suffered or for any costs that the Cardholder might incur due to damage or corrupted or failure of device, hardware or software that Cardholder use in connection with the mobile application.
- MOBILE INFORMATION
- Certain functions (such as uploading content to the Mobile Application) shall require access to information on your Mobile Device(s) to work. By using such function, Cardholder permit the Mobile Application to access your Mobile Device(s) and information.
- The Company may use cookies and similar technologies (herein referred to as “cookies”) to perform authentication when Cardholder use the Mobile Transaction service and to improve your experience on the Online Account or Mobile Application. By using the Online Account or Mobile Application, Cardholder accept the use of cookies by the Company. The Company may use these cookies to collect information about the Cardholder use of the Online Account or Mobile Application. This information helps the Company to improve the Online Account and Mobile Application’s performance and to develop and tailor for the Company’s products and services for the Cardholder and other user.
- Use of location data. Certain services of the Mobile Application require data of the Cardholder’s location, which data will be sent from the Cardholder’s Mobile Device. The Cardholder can turn off this functionality at any time by turning off the location services settings for the Mobile Application on the Cardholder’s Mobile Device. If the Cardholder uses these services, the Cardholder shall be deemed to give consent to the Company and the Company partners’ and licensees’ transmission, collection, maintenance, processing and use of the Cardholder’s location and data and queries to provide and improve location-based services. The Cardholder may withdraw this consent at any time by turning off the location services settings on the Cardholder’s Mobile Device or on the Mobile Application (for other mobile devices).
- LIABILITY FOR TRANSACTIONS
- All Transactions including but not limited to Internet transactions, transactions via the Mobile Application and cash withdrawals using the Card shall be deemed to have been made by the Cardholder and the Company shall not be liable for acting in good faith for honouring the said transactions. The Cardholder agrees that he or she shall be solely and fully responsible and liable for all Transactions effected by the use of the Card and/or the Card PIN and/or OTP and/ or the Card information whether with or without his or her knowledge, acquiescence or authority. The Cardholder agrees that the Company shall not under any circumstances whatsoever be responsible or liable for all Transactions effected by the use of the Card and/or the Card PIN and/or OTP and/or the Card information. The Cardholder shall indemnify and keep the Company fully indemnified against and from all direct or indirect consequential losses, damages, claims, demands, actions, proceedings, costs and expenses (including legal fees and other disbursements) suffered by the Company including claims, actions and proceedings from any third parties howsoever arising from such unauthorised use.
- Except as otherwise expressly stated in these terms and conditions and to the extend permitted under laws and regulations (which includes any guidelines, circulars or rules issued by relevant governing bodies), the Company shall in no event be liable whether in contract, tort (including negligence), strict liability or any other basis for any loss of profits, loss of business, loss of use, loss of goodwill, loss of savings, loss of opportunity, business interruption or other consequential, special, incidental, indirect, exemplary or punitive damages incurred or suffered by the Cardholder or any other person as a consequent of accessing or using the Card and the services. Specifically, for the E-statement and any information regarding the Credit Card made available by the Company, this includes (but is not limited to) loss or damage arising from:
- Any inaccuracies, or errors in any data or information in the e-Statements or otherwise provided or made available by the Company regarding the credit card
- The failure to view, save, print or download the e-Statements or such other information due to limitations or any failure of the relevant service
- Any unauthorised use of the e-Statement service or such applicable service on any of these Services by any person, virus, Trojan Horse, worm, macro or other harmful components or deleterious programs or files
- CREDIT CARD TERMINATION BY THE COMPANY
- Notwithstanding Clause 15, the Company reserves all rights at its absolute discretion to suspend or terminate the Card and/or Card Account or limit the use of the Card at any time for whatsoever reason without prior notice and without compensation to the Cardholder. If the Company suspends or terminates the Card, the Cardholder will be entitled to a refund of initial deposit in his or her Credit Limit Wallet, after deduction of any outstanding fees and charges.
- If the Company detects unusual, illegal, fraudulent or suspicious activity on the Card Account, the Company may, at its absolute discretion, temporarily suspend and block the use of Card immediately until the Company can verify the activity. The Company will attempt to notify the Cardholder by phone or SMS or email if the Company decides to suspend or block the use of the Card but the Company shall not be held liable if the Company fails to notify the Cardholder for whatsoever reason.
- The Cardholder shall remain liable for all transactions effected through the use of Card prior to termination of the Card and all monies owing to the Company under the Card shall become due and immediately payable upon termination of the card for whatever reason.
- ANNUAL FEE, MONTHLY FEE, OTHER FEES AND CHARGES
- A one-off activation fee shall be charged for the use of the Card and the Services which is chargeable upon activation of credit card and the fee shall be billed to the credit card.
- An annual fee shall be charged to the cardholders on annual basis for the services; however it is waived for the first year.
- All fees applicable and chargeable can be viewed on the Website.
- The Cardholder agrees and undertakes to pay all fees arising out of and in connection with the use of his or her Card and Services stated herein including but not limited to the activation fee, annual maintenance fee, top up admin charge and such other fees and charges as the Company may prescribe from time to time.
- The Cardholder irrevocably authorises and agrees that all such fees and charges payable by the Cardholder as set out in this Agreement and listed on the Website may be debited by the Company directly from the available balance in the Current Account Wallet at such time as may be applicable and are non-refundable under any circumstances whatsoever.
- The Company reserves the right to temporarily suspend the credit card if the Current Account Wallet has insufficient funds to pay all applicable fees and charges.
- The Company reserves the right to revise all fees and charges prescribed from time to time and to charge additional fees for new or additional services which may be offered by the Company in the future.
- For full details of all the fees relating to the Card and Services, please visit the Website. Such fees/ charges listed on the Website shall constitute and form part of this Agreement.
- EXCLUSION OF LIABILITY
The Company is not liable in any way for any inconvenience, loss, damage, or embarrassment incurred or suffered in any of the following events:- should the Card or Card PIN or OTP be rejected by a Merchant or any terminal used to process Transactions for whatsoever reason;
- should the Merchant key-in an amount greater than the transaction amount;
- for any malfunction, defect or error in any terminal used to process Transactions or Services, or other machines or system of authorisation whether belonging to or operated by the Company or other persons
- for any delay or inability to perform any of its obligations under this Agreement because of any electronic, mechanical, system, data processing, transmission or telecommunication defect or failure, Act of God, civil disturbance or any event or factor outside its control or the control of any of its servants, agents or contractors or any fraud or forgery
- any neglect, refusal or inability of on our part or any Merchant to authorise or approve the Card or honour or effect any other transaction on the Card Account for any reason whatsoever
- for any damage or loss or inability to retrieve any data or information that may be stored in the Card or any microchip or circuit or device in the Card; and/or
- for any interception or disclosure to any person (whether unlawful or otherwise) of any data or information relating to the Cardholder, any Transaction or the Card Account transmitted through or stored in any electronic system or medium, howsoever caused.
- LIMITATION OF LIABILITY
Without prejudice and subject to the terms and conditions herein, the Cardholder hereby agrees that the amount of total liability of the Company arising from this Agreement shall not in any event exceed the initial deposit amount. - DISPUTED TRANSACTION ON GOODS AND SERVICES
- The Company shall not be responsible and liable for whatsoever goods and services, including but not limited to any defect or deficiency in goods and services purchased with the Card.
- The Company shall not be responsible for the delivery, quality, safety, legality, fitness for purpose or any other aspect of the goods or services purchased by the Cardholder from any Merchants with the Card. All disputes involving the same should be addressed directly to the Merchants, and the Cardholder shall settle all disputes directly with the relevant Merchants and shall pay the Company all amounts required under this Agreement despite such disputes. The Cardholder shall not initiate any claims or take legal action against or enjoin the Company for any claims or disputes or legal proceedings the Cardholder has against the Merchants or for any issues with regard to the delivery, quality, safety, legality, fitness for purpose or any other aspects of the goods or services purchased by the Cardholder from the Merchants.
- CONCLUSIVENESS OF EVIDENCE
- The Cardholder may check from the mobile applications for their available credit limit any time.
- The Cardholder may access E-Statement free of charge via the mobile application by logging into his or her account with his or her username and password.
- Each E-Statement will provide Transactions history over a monthly period including fees and charges that have been incurred and posted to the credit card.
- The Cardholder shall inform the Company of any errors within 14 days from the date Transactions are posted to the E-Statement, failing which the Cardholder shall be deemed to have accepted all entries contained in the E-Statement as correct, final and conclusive
evidence of the facts contained therein and binding on the Cardholder, and the Cardholder shall thereafter be precluded from making any claims against the Company by alleging that the said E-Statement contains any error, discrepancy or inaccuracy.
- VARIATION REVISION OR CHANGE OF TERMS AND CONDITIONS
- The Company may, at its absolute discretion, from time to time, by giving to the Cardholder of at least fourteen (14) calendar days prior notice before the effective date, add, delete or amend any of these terms and conditions.
- At the discretion of the Company, notice of such additions, deletions or amendments may be effected by:
- mailing the notice to the Cardholder
- sending the notice by electronic mail to the Cardholder;
- sending the notice by SMS to the Cardholder;
- posting the notice on the Website
- Retention or use of the Card after the effective date of any variation, revision or change of the terms and conditions pursuant to Clauses 25(a) and 25(b) shall be deemed to constitute acceptance of such variation, revision or change without reservation by the Cardholder.
- If the Cardholder does not accept the proposed variation, revision or change, the Cardholder may terminate the use of the Card by giving prior written notice to the Company and return the Card, cut across the magnetic strip and across the chip, to the Company prior to the effective date, and the use of the Card thereafter shall be deemed terminated upon the Company’s receipt of the destroyed Card and the provision relating to termination in Clause 15 hereof shall henceforth apply.
- COMMUNICATION AND SERVICE OF DOCUMENTS
- General communications and notices to the Cardholder shall be displayed on the Website, and it is the Cardholder’s responsibility to check regularly for such notices on the Website.
- Specific notices or communication to the Cardholder shall be sent to his or her last known address by personal delivery, facsimile transmission, email, ordinary post and/or by SMS or in any manner as the Company may deem fit.
- Communication and notices displayed on the Website shall be considered to have been received by the Cardholder on the date of posting on the Website. Communication and notices sent by facsimile or electronic mail or SMS shall be considered to have been sent and received by the Cardholder on the same day. Communication and notices sent by ordinary post shall be considered to have been delivered three (3) calendar days after the date of posting if sent by post to an address within Hong Kong, and considered delivered five (5) calendar days after the date of posting if sent outside of Hong Kong.
- The Cardholder hereby agrees that the service of any notices or any other legal process in respect of any claim arising from or connected with this Agreement may be effected on the Cardholder by sending a copy of the same by prepaid ordinary post to the Cardholder’s last known address and such postings shall be deemed good and sufficient service thereof on you whether or not the same shall be returned undelivered. Any failure by the Cardholder to notify any change of your address resulting in the delay or return of notices, correspondences, and legal process shall not prejudice the rights and entitlement of LookCard under this Agreement.
- COMPANY RIGHT TO WITHDRAW ANY FACILITIES OR TERMINATE USE OF CARD
- Notwithstanding any other provisions to the contrary herein set out, the Company may, at its sole and absolute discretion, at any point of time, with or without notice, decide not to renew, to cancel, to revoke the Card or to suspend or restrict the use of Card by the Cardholder upon the occurrence of any one of the following events:
- use the Card for any illegal, unauthorized or unlawful activities or transactions including but not limited to online betting and gambling activities;
- use the Card for any activities or transactions which are prohibited under any law, or constitute a breach of public policy of the country in which such activity or transaction is effected or take place or constitute a breach of public policy if the Cardholder’s country of residence; or
- pledge the Card or otherwise use the Card as security to any party for any reason whatsoever.
- In addition to the provisions herein, the Cardholder hereby agrees and confirms that all fees and charges payable by the Cardholder under the terms and conditions herein may be charged by the Company directly from his or her Credit Card and are non-refundable.
- The Cardholder undertakes to hold the Company harmless and to indemnify the Company against any liability for loss, damage, costs and expenses (legal or otherwise including cost on a solicitor and client basis) which the Company may incur by reason of the provisions herein or enforcement of its rights hereunder.
- Notwithstanding any other provisions to the contrary herein set out, the Company may, at its sole and absolute discretion, at any point of time, with or without notice, decide not to renew, to cancel, to revoke the Card or to suspend or restrict the use of Card by the Cardholder upon the occurrence of any one of the following events:
- COSTS AND EXPENSES
The Cardholder shall be fully liable to pay to the Company all costs (including legal costs on a solicitor and client basis), charges and expenses which the Company may incur in enforcing or seeking to enforce any of the provisions herein or in obtaining or seeking to obtain payment of all or any part of the monies owing by the Cardholder. - WAIVER
- The Company’s acceptance of any terms or payments, or any delay or failure by the Company to exercise of its rights and/or remedies under this Agreement does not represent a waiver of any of its rights and does not prevent the Company from enforcing any of its rights under this Agreement. Any single or partial exercise of any right, power or privilege shall not preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder. The Company shall be considered to have waived its rights only if the Company specifically notify the Cardholder of such a waiver in writing.
- The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
- FEATURES AND BENEFITS
The Company may review, revise, add or remove any of the features and benefits listed in the Website from time to time. - CONSENT TO DISCLOSE OF INFORMATION AND LOOKCARD’S RIGHT TO DISCLOSURE
- The Cardholder irrevocably authorizes and consents to the disclosure by the Company at any time to any party of any information or documents pertaining to the Cardholder’s
particulars and affairs (financial or otherwise), the Card Account or the Card and any other information which the Company deems necessary to facilitate the use of the Card or the processing of any Transactions effected or to be effected through the use of the Card or for any other purposes which the Company may require the disclosure, subject to prevailing regulations. - In addition, the Cardholder hereby authorizes the Company to disclose any information concerning the Cardholder to any of the Company existing or future business partners for the purpose of providing information about the Card or services to the Cardholder or for any other purposes.
- The Cardholder hereby warrants and undertakes that all personal information provided to the Company is true, correct and complete. The Cardholder shall ensure that all information provided to the Company are current and updated at all times, and the Company shall not be liable for the consequences arising out of erroneous/ incomplete/ incorrect information supplied by the Cardholder.
- Disclosure of information pursuant to Clause 31 herein shall survive the termination of this Agreement or the Card.
- The Cardholder agrees that the Company shall not be liable for any disclosure by the Company in Clause 31 and the Cardholder undertakes to hold the Company harmless and keep the Company fully indemnified from and against all claims, losses, damages (including direct or indirect damages) or liability whatsoever and howsoever arising out of such disclosure of information by the Company or any error, inaccuracy or misstatement of such information whether caused by the Company or any other third party’s omission or due to system or technical default or failure or otherwise.
- The Cardholder irrevocably authorizes and consents to the disclosure by the Company at any time to any party of any information or documents pertaining to the Cardholder’s
- FORCE MAJURE
The Company shall not be responsible or liable for any loss or damage sustained by the Cardholder for failing or delaying to perform in whole or in part any part of its obligations under this Agreement, attributable directly or indirectly to service failures, delays or disruptions as a result of circumstances, including without limitation, unavailability, malfunction and failure of computer system, data and telecommunication, or electricity failures, Acts of God, riots, civil commotions, insurrections, wars, strikes, terrorism, material shortages, natural calamities, pandemic, civil unrest, regulatory and government action or other industrial action or trade disputes and any other causes beyond the Company’s or its agents’ or service providers’ reasonable control or any fraud or forgery. The Company obligations, as far as affected by such acts or occurrences, shall be suspended during the continuance of any delay or failure in performances so caused, and such delay or failure shall not be a breach of this Agreement. - GOVERNING LAW AND JURISDICTION
This Agreement shall be governed and construed under the laws of Hong Kong Special Administrative Region (HKSAR). - CONFLICT BETWEEN ENGLISH VERSION AND OTHERS
In the event of any inconsistency, conflict, ambiguity or discrepancy between the English version and any other version of the terms and conditions herein, the terms and conditions in the English version shall prevail. - SEVERABILITY
The invalidity or unenforceability of any of the provisions herein shall not nullify the underlying intent of this Agreement and any such invalid or unenforceable provision shall be severable. The invalidity or unenforceability of such terms or provisions of this Agreement shall not affect the validity or enforceability of other terms or provisions herein contained which shall remain in full force. - SUCCESSORS BOUND
The provisions contained herein shall be binding upon the heirs and personal representatives of the Cardholder and the Company’s successors-in-title and assigns. - ASSIGNMENT
The Cardholder is not permitted to assign this Agreement to any party; however, the Company reserves the right at any time without the Cardholder’s consent to assign the whole or any part of the Company’s rights and obligations under this Agreement with or without notice to the Cardholder. - INDEMNITY
The Cardholder hereby undertakes to hold the Company harmless and fully indemnify the Company from and against all losses (including consequential or otherwise), damages, actions, proceedings, claims, demands, costs, expenses and liabilities whatsoever from all parties, directly or indirectly arising out from such use or misuse of the Card or Card Account or the Website, Web Portal or Mobile Application or the Cardholder’s breach of any of the provisions herein or in enforce of the Company hereunder or any claims being brought against the Company. - TIME OF ESSENCE
Time wherever mentioned shall be of the essence of this Agreement. - DISCREPANCY AND AMBIGUITY
- Should there be any conflict or discrepancy between the terms and conditions of the Standard Application Form and the terms and conditions herein, the Cardholder agrees that the terms and conditions more favourable to the Company shall prevail and be deemed as the governing and operative provision binding on the Cardholder.
- In the event of any ambiguity arising from this Agreement, such ambiguity shall be resolved by the Company, and any construction of the meaning of any provision by the Company shall be final and binding on the Cardholder.
- PRESERVATION OF RIGHTS AND ENTITLEMENT
Notwithstanding anything in this Agreement, the Company rights and entitlement under this Agreement shall continue to remain in full force and effect and shall survive any cancellation, termination, revocation or suspension of the Card. - NOTICES AND NOTIFICATION OF CHANGE
- All notices, requests, notifications and complaints may be communicated to the Company at the channels stipulated in this Clause 42 herein or such other channels as the Company may prescribe from time to time.
- The Cardholder shall promptly notify the Company of any change in his or her residential, employment or business address or telephone number(s).
- INSTRUCTION FROM THE CARDHOLDER
Any request or instruction to the Company shall be in writing and shall be signed by the Cardholder, provided that the Company may, but shall not be obliged to, accept and act on any instruction or request by facsimile transmission or through the telephone which the Company ‘s officer or employee attending to such instruction or request believe to have been given or made or authorised by the Cardholder. Notwithstanding that such instruction or request may not have been given or made or authorised by the Cardholder, and notwithstanding any fraud or forgery that may exist in relation thereto, the Company shall not be liable for any loss or damage suffered as a consequence of acting or acceding to any such instruction or request.