Terms and Conditions

As a customer of Tap & Go Payment Service (“Tap & Go”)(except holding Type A of Account in Condition 1.2 below), you will automatically become a member of our loyalty program The Club. You agree that your use of Tap & Go will be subject to the respective Terms and Conditions and Privacy Statement of Tap & Go and The Club:

I.  Tap & Go Payment Service Terms and Conditions

II.  The Club Terms and Conditions

III.  Privacy Statement

Part A  Tap & Go Payment Service Terms and Conditions

Tap & Go Payment Service (“Tap & Go”) is provided by HKT Payment Limited (Stored Value Facilities Licence No. SVF0002) (“HKT”/ “we”/ “us”/ “ours”). It is a virtual prepaid payment card service which allows you (i) to conduct peer-to-peer fund transfer within the Tap & Go customer group, store value facility operators, banks and financial institutions (collectively, the “Users”); (ii) to make payment at participating merchants around the world that accept Mastercard contactless card or UnionPay card or anywhere with a “Tap & Go” logo or any other sign notified by us to you from time to time or through the Faster Payment System (“FPS”) which is a 24 x 7 payment system allowing real time funds transfer for peer-to-peer and merchant payments; (iii) to purchase goods/services at any online store that accept Mastercard, UnionPay card or anywhere with a “Tap & Go” logo or any other sign notified by us to you from time to time or through the FPS; and (iv) to purchase any other services which we may introduce from time to time (collectively, the “Services”) providing there are sufficient funds available in your Tap & Go Account as defined in Condition 12.1 for the transaction.

These terms and conditions relate to the use of the Services.

1.  WHO CAN APPLY FOR TAP & GO

1.1  By activating for Tap & Go, you confirm and declare that you are not a US Person as defined in US Tax legislation or a U.S. taxpayer for any other reason, in particular, (i) you are not a U.S. citizen, U.S. resident or U.S. green card holder; (ii) you do not fulfill the “substantial presence test” in the U.S.; (iii) you are not born in the U.S.; and (iv) you do not have a mailing address or contact details in the U.S.

1.2  You can apply for any of the following Accounts with different eligibility requirements and features:

Type A B C
Age All ages 11 years old or above 18 years old or above
Supporting Document and Information None A copy of your valid Hong Kong/ Macau identity card or Macau/ PRC passport or Exit-entry Permit for Travelling to and from Hong Kong and Macau (a) A copy of your valid Hong Kong/ Macau identity card or Macau/ PRC passport or Exit-entry Permit for Travelling to and from Hong Kong and Macau; and
(b) A copy of your permanent residential address
Aggregated Account Balance Limit HK$3,000 HK$100,000
(HK$3,000 if aged between 11 and 17)
HK$200,000
Daily Aggregated Total Deposit HK$25,000 HK$38,000
(HK$25,000 if aged between 11 and 17)
HK$38,000
Annual Aggregated Total Deposit HK$25,000 HK$100,000
(HK$25,000 if aged between 11 and 17)
Unlimited
Maximum Account Opening One (1) per Hong Kong/ Macau/ PRC mobile number One (1) Five (5)

1.3  If you wish to activate for Tap & Go (“Activation”), you must download and install the Tap & Go Mobile Wallet (the “Wallet”). Upon Activation and from time to time upon our reasonable request, you are required to provide us (if applicable):

(a)  copy of a valid identification document in Condition 1.2 above;

(b)  copy of a valid form of proof of residential address in Condition 1.2 above, such as a mobile phone or pay TV statement issued within the last three (3) months, a recent utility bill issued within the last three (3) months, a recent correspondence from a Government department or agency issued within the last three months or a statement, issued by a bank, a licenced corporation or an insurer within the last three (3) months; and

(c)  any other information or document as we reasonably require in order to comply with all applicable anti-money laundering and counter-terrorist financing laws, rules, regulations, codes, guidelines and circulars and HKT's policies and procedures.

1.4  All documentation and information provided in relation to your Activation must be truthful, accurate and complete at the time of Activation and throughout such time as you are a customer (“Customer”) of Tap & Go. We may take up to three (3) business days (excluding Saturdays, Sundays and public holidays in Hong Kong) to process any Activation after we have received a valid copy of the identification document and residential address (if applicable) and any other information as we determine as applicable and necessary, provided that all accompanying documentation and information is truthful, accurate and complete.

1.5  We may approve or reject any Activation. We are not required to provide any reason or explanation for our decision.

1.6  We will, at the time of Activation or as soon as is reasonably practicable after the Activation, and subsequently from time to time, conduct such checks as applicable and/or necessary to determine whether the individual activating Tap & Go or being the registered Account holder (as the case may be), is a person listed on any applicable or relevant sanctions list or such other list issued by any organizations or authorities in any jurisdictions for the purposes of complying with all applicable anti-money laundering and counter-terrorist financing laws, rules, regulations, codes, guidelines and circulars.

 

2.  TAP & GO

2.1  You must:

(a)  only install the Wallet from our website www.tapngo.com.hk, Google Play Store and/or Apple App Store;

(b)  ensure you comply with any local laws, rules, regulations and HKT's policies on downloading and using the Wallet (including any encryption keys or similar content stored in the Wallet);

(c)  not use the Wallet in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms and conditions or in any manner which would cause or result in any damage or loss to HKT (whether monetary, reputation or otherwise) or cause HKT to breach or not comply in full with any applicable laws, regulations and rules, or act fraudulently or maliciously (for example by hacking into or inserting malicious codes into the Wallet);

(d)  not use the Wallet in a way that could damage, disable, overburden, impair or compromise the Services, our systems or security or interfere with other users; and

(e)  not collect, collate or harvest any information or data from the Services or our systems or attempt to decipher any transmissions to or from the servers running the Wallet or attempt to use such information or data to create, amend or update your records or for any commercial or non-personal use such as marketing or promotional activities or sharing with someone else.

2.2  The Wallet may use third party software, including open source software.

2.3  We are not responsible for any direct or indirect losses or damages which you may suffer or incur as a result of using the Wallet.

2.4  We will not extend credit to you, unless in our sole and absolute discretion we decide otherwise. Accordingly, you must ensure that you have sufficient funds in the Segregated Trust Account (as defined below) before you transfer funds or pay for services or goods using Tap & Go. We may reject any instructions given by you if you do not have sufficient funds.

2.5  Upon successful Activation, you can use the Near Field Communication SIM Card (“NFC SIM Card”) provided by your mobile service provider, Tap & Go Card or virtual Tap & Go card called “i.Card” (collectively, “Cards”), QR code or other means which we may introduce from time to time to use the Services. You acknowledge that the mobile service provider is the provider of the NFC SIM Card (and not us).

2.6  We do not guarantee the quality of the Cards. Any disputes or complaints in connection with the NFC SIM Card must be directed to your mobile service provider. We will not be liable for any matters arising from or in connection with the Cards and/or any loss and expense incurred or suffered by you or any other persons due to any improper or unauthorized use of the Cards or any loss of the Cards, any failure to follow the security precautions and guidelines issued in relation to the Cards or use of mobile devices that are not compatible with the NFC SIM Card. We exclude all loss, damage, cost, expense, liability and penalty arising out of the Cards.

 

3.  YOUR INFORMATION

3.1  When you activate for Tap & Go, your mobile number, email address, name, nationality, identification document containing evidence of your address, date of birth (“your information”) will be shared with and disclosed by HKT to the following parties (as the case may be):

(a)  your mobile service provider for updating and verification of your information (except for Tap & Go Card users);

(b)  companies and organizations who provide a service to us or are acting as our agents (including their sub-contractors), on the understanding that they will keep your information confidential;

(c)  any third party as a result of any restructure, sale or acquisition of any company within the HKT Group, provided that any recipient uses your information for the same purposes as it was originally supplied to us and/or used by us;

(d)  any person for audit purposes;

(e)  any national or international government, regulatory, tax or law enforcement authorities, agencies or courts anywhere in the world as required by applicable regulations or at their request or other persons if required by applicable regulations;

(f)  any other person under a duty of confidentiality to us;

(g)  any actual or proposed assignee or transferee of all or any part of the business of HKT; or

(h)  any users of the Addressing Service through the FPS in Condition 13.

3.2  We collect, use, analyze and store your personal, financial and any other information as required by applicable laws and regulations, which may include information about your spending behaviour and transactional data so that we can provide and continuously improve our products and services. We will use your information to contact you from time to time about the Services, including marketing messages relating to the Services. We will do this electronically, for example by email, SMS or other messages on www.tapngo.com.hk or by telephone.

3.3  You may notify us about services, products or offers which may be of interest to you through Tap & Go or by other means, if there are any products or services which we or any companies in the HKT Group believe may be of particular interest to you, whether provided by us, by our affiliates or by third party service providers, you may be contacted by HKT and/or its affiliates. You may tell us at any time if you do not wish to receive direct marketing messages from us by contacting us at 2888 0000 or by following any instructions we may include in the messages we send to you.

3.4  If false or inaccurate information is provided or fraud is suspected by us, details may be passed to fraud prevention and credit reference agencies. Law enforcement agencies may access and use this information. The information recorded by fraud prevention agencies may be accessed and used by organizations in Hong Kong and in other countries.

3.5  We will use your information for assessment and analysis (including behavior scoring, market and product analysis and market research), to develop and improve our services to you and other customers and protect our interests. We may also use your information for market and product analysis in order to generate statistical reports which may be shared with HKT Group’s affiliates, subsidiaries, associated entities and any of their branches and offices (collectively “the HKT Group”) and external non-HKT Group companies. These reports are aggregated and will not contain any information that identifies you.

3.6  If we transfer your information in accordance with Conditions 3.1(a) and (b) to a person, office, branch or organization, we will make sure that they agree to apply the same levels of protection as we are required to apply to your information and, where appropriate, to use your information strictly in accordance with our instructions.

3.7  We will retain your personal, financial and any other information as required by applicable laws and regulations after your Activation is cancelled or if your Activation is declined or abandoned, for as long as permitted for legal, regulatory, fraud and other financial crime prevention and legitimate business purposes (such as contacting you about Tap & Go).

3.8  You can ask for a copy of the information we hold about you by writing to our Privacy Compliance Officer at HKT Payment Limited Privacy Compliance Officer, PO Box 9896, GPO, Hong Kong, a reasonable fee will be charged for this service.

  

4.  USE OF COOKIES AND OTHER INFORMATION

4.1  Tap & Go and its website use cookies and similar technologies (“cookies”) when you activate for Tap & Go, to authenticate you when you use the Services, and to generally improve your experience on Tap & Go. By using Tap & Go, you accept our use of cookies as set out here. We use these cookies to collect information about your use of the Wallet, for example, the areas you use most often and whether you have received any error messages. This information helps us improve the Service’s performance and your user experience and to develop our products and services for you and other users. This information may also be used to help us provide more meaningful and relevant communications to you.

  

5.  SECURITY

5.1  As the Wallet can be used to make payments from your Account, you must keep your Cards, mobile device and your security PIN secure and must not disclose your security PIN to anyone else.

5.2  If you suspect that someone else knows your security PIN or other security details, you must contact us immediately by calling us at 2888 0000 or the telephone number(s) available on our website. If you fail to do so, you will be liable for any unauthorized transactions on your Account resulting from your security details becoming known to someone else. However, if you contact us about your PIN or other security details and to disable your Account, you are not required to bear the loss for any unauthorized transactions after that.

5.3  After your Activation, we will never contact you to request your security details and we will not ask anyone else to do so on our behalf. If you receive such a request, it is likely to be fraudulent and you must not supply your security details in any circumstances. You should report any such activity to us immediately.

5.4  You must ensure that your name, nationality, mobile number, address proof and other details provided to us are correct and up to date and notify us as soon as there are changes to such information by calling us at 2888 0000 for a Change of the Personal Information Form to request information update or arrange update at www.tapngo.com.hk.

5.5  If you lose your mobile device or any of the Cards, you must immediately notify the relevant financial institutions (if you have set up the top up function with a financial institution through your Account) and us to disable your Account. If you report loss of your mobile device or any of the Cards, you are not required to bear the loss for any unauthorized transactions after that.

 

6.  LIABILITY

6.1  Unless we have been grossly negligent, committed fraud or willful default, we will not be liable to you for any losses you suffer or costs you incur because:

(a)  you are unable to access or use Tap & Go for any reason or there is a delay in its use;

(b)  any device, hardware or software you use in connection with Tap & Go is damaged or corrupted or fails to work;

(c)  Tap & Go does not work as you expect, does not meet your requirements or contains errors or defects or we fail to correct these;

(d)  you do not receive any SMS notifications in a timely manner;

(e)  you send, receive or share inappropriate content or breach the rights of another person; or

(f)  there is a reduced level or failure to provide any service caused by any third party service providers including merchants, payment service providers and software providers.

6.2  Under no circumstances will we be liable for any indirect or consequential losses, even if advised of the possibility of such losses.

 

7.  ENDING TAP & GO

7.1  You may terminate the Services at any time you wish by submitting an Account Service Request Form to us. You can either call us on 2888 0000 to request for the form or download it from www.tapngo.com.hk/eng/form.html.

7.2  You will not be able to use the Services after the Services have been terminated. You must notify your bank or any financial institution that you have registered for the top-up service in the Wallet that you wish to cancel the top up function.

7.3  We can close your Account (and stop providing you the Services) by giving you at least thirty (30) days’ notice in writing. Any benefit or services linked to the Services will stop at the same time.

7.4  We may immediately stop providing you the Services if we reasonably believe you have seriously or persistently breached any of these terms and conditions or we have reasonable grounds for thinking that you have done any of the following things, which you must not do:

(a)  you have put us in a position where we might break a law, regulation, code or other duty that applies to us if we maintain your Account;

(b)  you have given us any false, inaccurate or misleading information at any time;

(c)  you have committed (or attempted to commit) fraud against us or someone else;

(d)  you have used (or allowed someone else to use) your Account illegally or for criminal activity (including receiving proceeds of crime into your Account) or for any other purposes which in our reasonably opinion we consider to be inappropriate;

(e)  you have inappropriately let someone else use your Account; or

(f)  you have behaved in a threatening or abusive manner to our staff.

7.5  We can also immediately stop providing you the Service if we reasonably believe that maintaining your Account might expose us (or the HKT Group) to action or censure from any government, regulator or law enforcement agency.

7.6  We can close your Account and/or stop providing you the Services if we find out that you are not eligible for the Services (for example, through age, residence status, or credit status). We will try to tell you in advance if this happens, but if we were breaching any rules or laws by continuing to offer you the Account or the Services, we would have to close your Account and/or stop providing you the Services immediately.

  

8.  CUSTOMER HOTLINE

8.1  For assistance in your use of Tap & Go, please call 2888 0000 or email us at enquiry@tapngo.com.hk.

  

9.  CHANGES TO TAP & GO PAYMENT SERVICE TERMS AND CONDITIONS

9.1  We may at any time vary any of the Tap & Go Payment Service Terms and Conditions by giving written or electronic notice (if such variation is unfavourable to you, we will give thirty (30) days’ notice) to you to that effect. For the avoidance of doubt, notice or other communication may be given by us to you in the form of a letter, message or email message, statement on our website, message in the Wallet, advertisement placed in a Hong Kong daily newspaper or any other method as determined as adequate by us. Such notice or communication will be deemed to have been received by you:

(a)  in the case of a posted letter, twenty-four (24) hours after posting;

(b)  in the case of a notice or communication sent by electronic means, immediately after being transmitted by us or posted on our website; and

(c)  in the case of a newspaper advertisement, when the first edition of the newspaper is available for purchase.

  

10.  DISPUTE

10.1  You can either call us at 2888 0000 to request for a Cardholder Dispute & Resolution Request Form or download the form from www.tapngo.com.hk/eng/form.html.

10.2  You have to return the completed form by Post to PO Box 9896, GPO, Hong Kong or email to enquiry@tapngo.com.hk.

10.3  You have to raise any dispute request to us within sixty (60) days after the transaction date.

10.4  Upon receipt of the completed request form, we will credit back to the cardholder if the dispute is valid.

  

11.  GOVERNING LAW AND JURISDICTION

11.1    These terms and conditions are governed by the laws of Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”). The courts of Hong Kong are to have exclusive jurisdiction to settle any disputes that may arise out of or in connection with these terms and conditions and accordingly any legal action or proceedings arising out of or in connection with these terms and conditions may be brought in such courts.

  

Part B  ACCOUNT TERMS

12.  OPERATING THE ACCOUNT

12.1  When you activate for your Tap & Go, you will establish an account (“Account”). After you have provided a copy of your valid identification document, you will have a Mastercard Account and an UnionPay Account. The Account is a virtual account which will reflect the funds standing to your credit in the Segregated Trust Account (as defined below).

12.2  You need to ensure you have sufficient funds in the Account when you make payment or fund transfer.

12.3  Subject to Condition 1.2 above, you can top-up or fund your Account Balance Limit by way of (a) cash at a maximum of HK$3,000 per day at HKT, 1010 and csl. shops or designated merchants; (b) authorized credit card; (c) Peer-to-Peer transfer; (d) designated bank; and/or (e) any other means we advise you from time to time.

12.4  The annual aggregated total deposit in your Account is no more than the amount as set out in Condition 1.2 above. We will advise you of any changes to the annual aggregated total deposit, from time to time. You must be aged 18 or above and provide us with a copy of your valid identification document and residential address (please refer to Conditions 1.2 and 1.3(b) for examples) in order to enjoy an unlimited annual aggregated total deposit.

12.5  You are required to obtain pre-authorization, register debit instructions and/or set up an electronic direct debit authorization (“eDDA”) using a Hong Kong bank account or Hong Kong issued credit card for the top-up function offered by participating banks and/or financial institutions. You authorize us to collect, use, transfer and disclose the required information to your bank(s) and/or financial institution(s) that you have registered for an eDDA. If you do not agree to provide the required information to us, we may not be able to provide such top-up function to you in accordance with your instruction. Participating banks and/or financial institutions may have separate, additional terms and conditions which you should confirm and agree before using the top-up function. In such circumstances, any contract is between you and the relevant bank(s) and/or financial institution(s).

12.6  In order to use the Services, you will be required to deposit funds into a segregated trust account to be opened in the name of HKT held at a bank in Hong Kong for the benefit of our Customers and other similar users of the Services (the “Segregated Trust Account”). You may also transfer funds from your other accounts to the Segregated Trust Account or receive funds from third parties to be deposited into the Segregated Trust Account pursuant to the peer-to-peer terms and conditions. All your funds shall be held in the Segregated Trust Account designated for the benefit of our Customers and are segregated from HKT's operating accounts until such funds are either returned to you at your request or transferred out of the Segregated Trust Account upon your instructions.

12.7  By holding your funds in the Segregated Trust Account on trust for you, we undertake to:

(a)  hold your funds free from any lien, charge, pledge, mortgage or other encumbrance, equity or thirty party right of any nature; and

(b)  keep or cause to be kept proper books and records relating to the Segregated Trust Account.

12.8  You acknowledge and agree that:


(a)  you will only be entitled to all funds standing to your credit as reflected in your virtual Account and you will not be entitled to any interests in any other part of the Segregated Trust Account;

(b)  HKT may, but shall not be obliged to, invest the funds in the Segregated Trust Account in accordance with applicable laws, rules, regulations, codes, guidelines, circulars and HKT's policies. If HKT decides to invest funds in the Segregated Trust Account, HKT will provide relevant information (for example, the scope of permissible investment) to you through such means as HKT considers to be appropriate or in accordance with applicable laws, rules, regulations, codes, guidelines or circulars; and

(c)  if HKT decides to exercise its power to invest the funds which are being held in the Segregated Trust Account, HKT shall be entitled, as remuneration for the services which it provides in its capacity as a trustee, to retain the net profits generated from time to time by the appreciation of value of the investment for its own use absolutely.

  

13.  ADDRESSING SERVICE

13.1  After you have provided a copy of your valid identification document upon activation of Tap & Go, you can register for the addressing service (“Addressing Service”) through the FPS (“FPS Service”) which allows you to use predefined Proxy ID (including your mobile number or email address) instead of account number to identify the destination of a payment of funds transfer, subject to the applicable rules, guidelines and procedures imposed by Hong Kong Interbank Clearing Limited (“HKICL”) from time to time.

13.2  We have no control over the operation of the FPS Service nor the timing on which your instructions or requests are executed by HKICL. We are not liable for any loss, damage or expense of any kind which you or other person may incur or suffer arising from or in connection with the use of the FPS Service or the processing or execution of instructions or requests given by you in relation to the FPS Service.

13.3  You will indemnify us and hold us harmless against all liabilities, claims, demands, losses, damages, costs, charges and expenses of any kind which may be incurred or suffered by us and all actions or proceedings which may be brought by or against us as a result of or in connection with your use of the FPS Service.

  

14.  TRANSACTION INFORMATION

14.1  You will be able to access through the Wallet and/or website about recent payments into and out of the Account. If you ask us to, we will also provide details about such transactions in writing.

  

15.  INTEREST

15.1  No interest is payable on the Account.

  

16.  DUAL CURRENCY

16.1  If you make a payment in Reminbi (“RMB”), you need to use your RMB UnionPay Account.

16.2  If you make a payment in Hong Kong dollar (“HKD”), you can choose to debit from your HKD Mastercard or UnionPay Account.

16.3  If you make a payment in a currency other than HKD or RMB, you can choose to debit that transaction to your HKD Account from your HKD Mastercard or UnionPay Account after conversion into HKD.

16.4  The exchange rate for the foreign currency will be determined by Mastercard or UnionPay International (as the case may be) on the date of conversion.

16.5  You can transfer fund from HKD to RMB or vice versa through your Wallet, subject to the exchange rate which will be determined by us from time to time.

  

17.  CLOSING THE ACCOUNT

17.1  The Account will be closed immediately:

a)  If you are using the NFC SIM provided by your mobile service provider to use the Service and you terminate your mobile service with your mobile service provider; or

b)  if you wish to, you can terminate the Account by contacting us by telephone (2888 0000) or email the completed Account Service Request Form to enquiry@tapngo.com.hk to cancel the Account.

17.2  You are encouraged to spend the remaining balance in your Account before submission of Account Service Request Form. However, if there is balance in your Account after you terminate the Services and provide us a copy of your valid identification document, we will refund the unused fund to you by cheque within one (1) month after receipt of written instructions from you to do so and we may deduct a handling fee from your Account.

 

Part C  PEER-TO-PEER TERMS

18.  PEER-TO-PEER

These additional conditions apply when you send or receive fund using Tap & Go.

18.1  Peer-to-Peer allows you to send or receive fund in the same currency through your Wallet to or from the Users.

18.2  Each single transaction of Peer-to-Peer cannot exceed the balance of your Account and you are required to conduct an affirmative authorization action as provided by us prior to sending the fund through your Wallet to another User.

18.3  Subject to Condition 1.2 above, when you instruct to send fund to another User, the balance of such individual’s Account after the transfer of fund cannot exceed the balance limit of the Account, otherwise your instruction will be rejected.

  

19.  MISTAKEN PAYMENTS

19.1  When making a Peer-to-Peer fund transfer, you must ensure the payee information (including the mobile number, email address, account number or card number, if you are using a reference, the payee, payment reference and amount) is current and correct, otherwise the payment may be returned or made to the wrong payee. We will not be liable to you if the payment is sent to the wrong person.

19.2  By agreeing to the terms herein and using Tap & Go, you confirm that you are the intended recipient of the funds sent to you using Tap & Go or the FPS Service. If you receive any payments by mistake, you must tell us as soon as possible and return the payment to us.

  

20.  KEEPING YOUR DETAILS UP TO DATE

20.1  It is essential that you ensure any information we hold about you is correct and up to date. You must tell us as soon as possible if you change any of your details so that payments can be sent to the correct account. Until such time as we have received written notice of any change to your details, we will be entitled to rely on, and act upon, the information we hold about you then prevailing at the time.

  

Part D  TAP & GO STUDENT SMART CARD

21.1  If you have already provided a copy of your valid identification document and residential address (if applicable) (please refer to Conditions 1.2 and 1.3(b) for examples), you can activate an Account by pairing up with a designated Tap & Go Student Smart Card. Upon Activation, you can manage such individual’s Account and enjoy different features as amended by us from to time. The balance limit and the annual aggregated total deposit of such individual’s Account are HK$3,000 and HK$25,000 respectively.

21.2  We will not be liable for any loss, damage, cost, expense incurred or suffered by you or any other persons arising from and in connection with the use of designated Tap & Go Student Smart Card.

  

Part E  BUYING WITH TAP&GO

These additional conditions relate to the use of Tap & Go to purchase products from and/or pay participating merchants.

22  THE PLATFORM: HKT ROLE

22.1  You can use the functions in the Wallet to order/pay products or services to participating merchants.

22.2  When using the functions in the Wallet, HKT acts as a platform provider only, acting on your instruction to send a payment to the participating merchant.

22.3 Under certain circumstances, for a transaction made via the merchant payment network, a single transaction may not exceed HK$1,000 or such other limit as may be imposed by the individual participating merchants at the material time. Some participating merchants may hold up a transaction amount from the balance of your Account higher than what you will be charged where the actual amount is not known at the time a transaction is made to ensure payment guarantee. The actual transaction amount will be deducted from your Account. We shall not be liable for any loss or damage whatsoever or howsoever related to such deduction.

22.4  No single transaction may exceed the available balance of your Account except under certain circumstances where a transaction may be processed even your Account has insufficient fund provided that your overdraft balance does not exceed a limit as determined by Mastercard or UnionPay International from time to time. You are responsible for repaying the full sum by which such available balance is exceeded.

22.5  Making an order and/or payment through Tap & Go does not create a contract between you and HKT or other Users for the supply of any product or services. Tap & Go is solely a payment service that you can use to instruct HKT or other Users to pay a merchant. In all circumstances, any contract that is formed for the supply of products or services is only between you and the relevant participating merchant.

  

23  PAYMENT TO MERCHANTS

23.1 You must ensure you have sufficient funds in the Wallet when making payment for a product or service or bill, otherwise payment instruction given by you will be rejected. We will not be liable for any penalty or charge imposed on you by the merchant for overdue payment.

23.2  Once you confirm an order and/or payment for a product or service, we will send the payment for you to the relevant participating merchant for the full price of the product or service.

23.3  You cannot cancel or change the payment as it is processed straight away. If you cancel an order or are entitled to a refund or have a complaint, you must contact the relevant participating merchant directly.

  

24  PRODUCTS AND MERCHANTS

24.1  The participating merchant (and not HKT) is responsible for:

(a)  the availability, supply, delivery, return and refunds of, and fulfillment of any order placed by you for any product or service, including whether a delivered product conforms to the description of a participating merchant’s website; and

(b)  the quality, safety or legality of the products or services advertised, the accuracy of the description of the products or services or the ability of the participating merchant(s) to sell and deliver the products or services.

24.2  You undertake to HKT to comply with any terms and conditions you agree with a participating merchant.

  

Part F  DIGITAL WALLET SERVICE PROVIDER’S PLATFORM

25.1  You can add your Account (except Type A of Account in Condition 1.2 above) to a digital wallet service provider (“WSP”)’s platform (“Platform”) by following instructions from a WSP. The Platform allows you to make payment with your Account via a compatible mobile phone or device at places where such Platform is accepted.

25.2  You must ensure you comply with WSP’s policies on downloading and using the Platform.

25.3  You may follow the instructions provided by a WSP or contact a WSP to remove your Account from a WSP’s platform if you do not want to use your Account anymore.

25.4  We do not guarantee the quality of the services provided by WSP. Any disputes or complaints in connection with the WSP Platform must direct to the WSP. We will not be liable for any matters arising from or in connection with the Platform and/or any loss and expense incurred or suffered by you or any other persons due to any improper or unauthorized use of the Platform, any failure to follow the security precautions and guidelines issued in relation to the Platform. We exclude all loss, damage, cost, expense, liability and penalty arising out of the Platform.

  

26.  HKT LIABILITY

26.1  HKT is not responsible for, and has no liability to you for each of the matters in Condition 24 above and/or in respect of:

(a)  any product complying with its specification or its fitness for any purpose, or whether it is free from defects or is of merchantable quality;

(b)  any dealings or contract between you and any participating merchant;

(c)  the solvency of any participating merchant or that any participating merchant will or is able to comply with its terms and conditions presented to you ;

(d)  any loss we could not predict at the time you gave us an instruction; or

(e)  any loss of business, loss of goodwill, loss of opportunity or loss of profit.

  

27.  PERSONAL DATA AND INFORMATION

27.1  The use of your personal information by the participating merchants, banks and financial institutions will be governed by its own privacy policy or terms and conditions.

27.2  If there is a dispute about a transaction initiated using Tap & Go, you agree that HKT may release any information it holds about that transaction to the relevant participating merchant, bank, financial institution and/or any person adjudicating the dispute, such as a court, mediator or arbitrator.

  

28.  THIRD PARTY RIGHTS

28.1  Save for the HKT Group, no other person who is not a party to these terms and conditions has any right under the Contracts (Rights of Third Parties) Ordinance (Chapter 623, the Laws of Hong Kong) to enforce any of these terms and conditions and/or benefit of these terms and conditions.

  

PART G  OUR FEES AND CHARGES

29.  We may charge you a fee for each payment transaction and an administration fee for any refund of the payment amount (or part thereof). The applicable fees and charges are determined by us at our sole discretion. You agree that we may directly debit our fees and charges (as applicable) from your Account. The latest fees and charges will be posted on the Wallet and/or visit www.tapngo.com.hk/eng/charges.html from time to time. You are advised to check our latest fees and charges from time to time.

30.  For the avoidance of any doubt, your use of Tap & Go may incur charges when you use SMS, data and/or make telephone calls. You must settle those charges with your mobile service provider.

31.  You shall bear and pay all taxes (including goods and services taxes) imposed under any applicable laws.

32.  Please refer to the Wallet, our website or any other sites as we may notify you from time to time if you would like to find out our fees and charges.

  

Any Chinese translation of these English terms and conditions provided is for reference only. This English version shall prevail in case of any inconsistency or ambiguity between the English and the Chinese versions.