DAU Card
Terms and Conditions
INTRODUCTION
1.1 The Services (as defined below) and the DAU Card (as defined below) are provided to you by us, Lexim Trading (HK) Limited (formerly known as Golden Fame Technology), a company incorporated in Hong Kong (BRN: 76516750) (“Lexim HK”).
1.2 These terms and conditions including Annexure 1 (the “Terms”) govern your use of the Services and the DAU Card. By using the Services and/or the DAU Card or completing the registration process, you are entering into a legally binding contract with us and shall be deemed to have expressly read, understood, and agreed to be bound by these Terms.
DEFINITIONS
2.1 In these Terms, except where the context otherwise requires, the following words and expressions have the following meanings and words denoting singular shall include the plural, and vice versa:
“Account”
means the account established and is held for the Corporate Card Holder with Lexim HK and/or its affiliates by the Account Holder in respect of a DAU Card;
“Account Balance”
means any balance left in the Account which is attributable to the Corporate Card Holder and/or the Authorised User;
“Account Holder”
means any person/entity (including a trustee) who/which has entered into a Card Issuance Agreement (or any such equivalent/similar agreement) with Lexim HK and/or its affiliates;
“API”
means Application Programming Interface;
“Applicable Law”
means any Hong Kong or foreign law, rule, statute, subordinate legislation, regulation, by-law, order, ordinance, protocol, code, guideline, treaty, policy, notice, direction or judicial, arbitral, administrative, ministerial or departmental judgment, award, decree, treaty, directive, or other requirement or guideline published or in force at any time which applies to or is otherwise intended to govern or regulate any person (including all parties to this Terms), property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any governmental or regulatory authority;
“Authorised User”
means any person whom the Corporate Card Holder has permitted to use a DAU Card;
“ATM”
means automated teller machines;
“CaaS Partner”
means any service provider which (i) offers spending card as service solutions to Lexim HK and/or its affiliates and (ii) is the provider of the DAU Card pursuant to a master services agreement entered into with GFTL and/or its affiliates;
“Card Balances”
shall have the meaning ascribed to the term in Clause 4.1(a)(ii);
“Card Data”
means the primary account number (“PAN”), expiration date and security code of a DAU Card;
“Card Fees”
means the fees for the use of the DAU Cards;
“Card Issuance Agreement”
means an agreement made between the Account Holder with Lexim HK and/or its affiliates for the issuance of the DAU Cards;
“Card Issuance Services”
means the card issuance services provided by a CaaS Partner to Lexim HK and/or its affiliates, which enables the issuance of the DAU Card by Lexim HK and or/its affiliates through the CaaS Partner under the relevant Card Network;
“Card Limits”
shall have the meaning ascribed to the term in Clause 5.1;
“Card Network Rules”
means the by-laws, rules, regulations, orders, requirements and interpretations issued by the Card Network or otherwise communicated to Lexim HK and which are applicable to the acceptance of Card Transactions by the Merchants and related matters in Hong Kong, as amended from time to time by the Card Network;
“Card Network”
means any international card network which is applicable in respect of the DAU Card;
"卡片交易相关"
means each transaction effected by using the DAU Card or PIN;
“Chargeback”
means a dispute filed by Lexim HK that is sent through the relevant Card Network in accordance with the relevant Card Network Rules relating to a Card Transaction;
“Corporate Card Holder”
means any entity which the Account Holder allocates the DAU Cards to;
“DAU Card”
means a spending card, available as either a virtual or physical card issued by Lexim HK;
“Device”
means any device through which the Interface is accessed and successfully registered by you for use in connection with the Services;
“GFTL”
shall have the meaning ascribed to the term in Clause 1.1;
“HKIAC”
shall have the meaning ascribed to it in Clause 25.2;
“Interface”
means the user interface that is accessed via the API to Lexim HK, including all content and services made available on or through it, and any and all updates, upgrades, supplements, releases, and versions thereof;
“Interface Terms”
means the terms and conditions governing the use of the Interface;
“Merchant”
means a retailer, merchant or other supplier of goods and/or services which accepts payment by means of a card, card number, PIN or card and signature;
“Personal Data”
means data, whether true or not, about an individual who can be identified: (a) from that data, or (b) from that data and other information to which the organisation has or is likely to have access;
“PIN”
means such code or number that is used by us for the purpose of identification when you access information, give any instruction or conduct any transaction using the DAU Card or when you access any other Services;
“Services”
means the Interface, Service Content and all related features, services, content and applications which we and/or our affiliates may make available to you from time to time;
“Service Content”
means data, information, materials, advertisements, text, audio, video, graphics, software and other content on the Interface;
“Trade Marks”
shall have the meaning ascribed to the term in Clause 13(a);
“Transaction History”
means the transaction history of the DAU Card;
“we/us/our”
means Lexim HK;
“Withdrawal Services”
shall have the meaning ascribed to the term in Clause 11.1; and
“you/your”
means the Corporate Card Holder and each of the Authorised Users.
ONBOARDING
3.1 By signing up for the use of the DAU Card, you represent and warrant that:
(a) you acknowledge that you are accessing and registering for the DAU Card and/or the Services on your own initiative, without any active promotion or solicitation from us;
(b) you have completed the registration process and have received an approval notification from us through the Interface;
(c) you have read, understood and agreed to our Privacy Policy which can be accessed through the Interface;
(d) where applicable, you have attained the minimum age required under all relevant Applicable Laws for using the Services, the DAU Card and any other services provided under these Terms and the continued use thereof does not result in a breach of any Applicable Laws by you;
(e) you have the full right, power, and authority to agree to these Terms;
(f) you fully understand and accept the risks associated with using the DAU Card and the Services; and
(g) you are not impersonating any other person and/or entity, operating under an alias or otherwise concealing your identity.
3.2 In addition to the above, you agree to provide us with all information and/or documents requested by us (including such information and/or documents as may be required by us for compliance with the Applicable Laws) from time to time.
3.3 You agree to cooperate with all requests made by us or any of our third-party service providers on our behalf in connection with access to Interface and your use of the Services, including to identify or authenticate your identity or validate your funding sources or transactions. This may include, without limiting the generality of the foregoing, requiring further information and/or documents that will allow us to reasonably identify you, including requiring you to take steps to confirm ownership of your phone number or payment instruments or verifying your information against third-party databases or through other sources.
3.4 We are entitled, in our sole and absolute discretion, to refuse your application for or to suspend, terminate or limit your use of the Services, and/or to change the eligibility criteria for registration at any time.
3.5 We may confidentially verify the information you provide us with or obtain information on you ourselves or through third parties from secure databases. By agreeing to these Terms, you confirm that you consent to us or a third-party carrying out such verifications on our behalf.
3.6 You must ensure any information provided to us, or any of our third-party service providers, is always accurate and up to date. If at any time we believe that your information is outdated or inaccurate, we may contact you and request further information or request that you go through the verification process again. Failure to complete any step of the registration verification process may also result in your inability to use the Services.
THE SERVICES
4.1 The Services provided encompass a range of activities including:
(a) spending allocation for transactions: we provide an allocation for using the DAU Card, allowing for;
(i) purchase of goods or services from Merchants worldwide which accept payments by a DAU Card, in accordance with the relevant Card Network Rules;
(ii) settlement of card balances associated with any Card Transactions (“Card Balances”), in each case in accordance with these Terms;
(iii) the Withdrawal Services, subject to the availability and terms of such services;
(iv) other transactions that may be conducted using a DAU Card, all in adherence to these Terms;
(b) technological assistance related to the use of the DAU Card including but not limited to:
(i) transmitting information relating to transactions made using the DAU Card;
(ii) the registration of DAU Card with mobile wallet providers;
(iii) verification of transactions; and
(iv) security features of the DAU Card.
4.2 By using a DAU Card, you acknowledge that the Account Balance will be managed by us, as outlined in these Terms, to ensure the proper functions of the DAU Card, for security purposes and for compliance with the Applicable Laws.
4.3 We reserve the right to update, modify, suspend, disable, or restrict access to, or discontinue the Services, or any features, components, or content thereof at any time, for any reason, without notice or liability to the user. There is no guarantee that specific services, features, components, or content will always be available.
CARD ISSUANCE AND PRE-AUTHORISATION OF CARD TRANSACTIONS
(a) Card Issuance
The DAU Card is a spending card issued under the Card Issuance Services. The DAU Card can be used to pay for goods and services at retailers which accept cards issued under the relevant Card Network. The DAU Card may also be used to withdraw cash through ATMs outside of Hong Kong which accept cards issued under the relevant Card Network.
(b) Pre-authorisation of Card Transactions
Card Transactions made on the DAU Card will be settled by us on the relevant Card Network.
(c) Conversion and Deduction
When a Card Transaction is made, you authorise us to deduct payment for the Card Transaction from the Account Balance. The deduction will be made in accordance with the prevailing market exchange rate at the time of the transaction.
5.1 The utilisation of the DAU Card, including your credit limit, the maximum value of any single Card Transaction for which such DAU Card may be used, the daily maximum aggregate value of Card Transactions and the monthly maximum aggregate value of Card Transactions, will be subject to limits set by us (collectively, “Card Limits”). The applicable Card Limits will be indicated on the Interface.
5.2 We may, in our sole and absolute discretion, apply different Card Limits to you specifically and may without notice to you increase or reduce any such applicable Card Limit from time to time. Card Transactions in excess of any applicable Card Limit will be rejected by us. You must not effect any transaction that exceeds any Card Limit applicable to you. If any purchase or withdrawal made by you exceeds any such Card Limit, the transaction will be declined.
5.3 You acknowledge that each physical DAU Card is and remains at all times our property and you shall:
(a) exercise all due care and diligence in the custody, care and use of the DAU Card;
(b) not tamper or allow anyone to tamper, with the DAU Card;
(c) not permit the DAU Card to be used in any unauthorised manner, including but not limited to sharing the use of the DAU Card with another person;
(d) not intentionally deface or damage the DAU Card; and
(e) not affix, print or attach anything or matter onto the DAU Card or otherwise alter, remove or replace any notice, logo or design on the DAU Card.
5.4 Unless earlier terminated or cancelled, each DAU Card shall be valid for such period as may be determined by us and as indicated on the Interface. If you have used the DAU Card in the period of one (1) month before its expiry date, you will be informed that we will automatically renew the card; provided that we may charge a renewal fee as may be determined by us and as indicated on the Interface and you agree and acknowledge that such fee may be deducted from your available Card Balances or otherwise charged to you separately. These Terms will continue to apply to the new card. If you decide not to renew the existing DAU Card, please contact us through the Interface.
5.5 You are responsible for all Card Transactions incurred on the DAU Card. You shall not use the DAU Card in relation to any transaction or activity which is illegal or prohibited under any Applicable Laws in the jurisdiction where such transaction or activity is effected or in your country of residence. You shall be liable for all Card Transactions whether or not executed with your knowledge or authority, regardless of how such transactions were effected, including without limitation where arising in connection with any negligence on your part. In this regard you acknowledge the risk of unauthorised Card Transactions being carried out and accept the risk of such unauthorised Card Transactions.
5.6 You shall keep the Card Data of all the DAU Card strictly confidential and not share the Card Data with any persons other than as necessary to conduct a transaction. When sharing Card Data with Merchants, you will take all precautions to ensure the security and continued confidentiality of the Card Data. For the avoidance of doubt, providing Card Data in clear text over fax, email or other unencrypted or otherwise unprotected media is not considered to be secure. Neither us, nor our respective affiliates, shall under any circumstances be liable to you for unauthorised transactions caused by your failure to keep the Card Data secure.
5.7 We shall be promptly notified without undue delay upon you discovering that there has been any:
(a) inappropriate or unauthorised disclosure of and/or use of your PIN and/or any of the Card Data; and/or
(b) inappropriate or unauthorised access to and/or use of any of the Services effected using your PIN and/or any of your Card Data,
and you shall promptly take such steps as may be specified by us in relation to the foregoing matters (including to change your PIN).
THE INTERFACE
6.1 We may change the functions of the Interface from time to time without notice to you. The Interface currently allows you to perform the following actions amongst others:
(a) change the settings associated with the DAU Cards, e.g. setting and changing the DAU Card PIN number;
(b) view the Transaction History by month (we will not be providing any paper statements);
(c) request for DAU Cards to be disabled, enabled or blocked;
(d) credit digital assets to the Account; and
(e) access technological assistance related to the use of the DAU Card.
6.2 Subject always to your continuing compliance with these Terms, we will grant to you a limited, non-transferable, non-exclusive licence to access and use the Interface insofar as owned by or licensed through us only for your own purposes, on and subject to these Terms. All other rights not expressly granted to you are reserved.
6.3 Some software components used in the Interface may be offered under an open source or other licence as we may notify to you, in which case your use of those components of the Interface shall be governed by those terms to the extent only of any inconsistency between these Terms and those terms.
YOUR DEVICE
7.1 You acknowledge and agree that, in connection with your use of the Interface, you shall be solely responsible for the following, at your own cost:
(a) obtaining all necessary hardware, software and communications services necessary for your use of the Interface in accordance with these Terms;
(b) taking all necessary security measures including but not limited to installing antivirus and/or other security software on your Device to protect against any security or
other vulnerabilities which may arise in connection with your use of the Interface in accordance with these Terms; and
(c) installing updates and patches for the Interface and your Device in a prompt and timely manner.
7.2 Without prejudice to the foregoing and any other terms in these Terms, you shall be solely responsible and liable for any access to and use of the Interface and Services through your Device, notwithstanding that such access may have been effected without your knowledge, authority or consent. We shall not be liable to you for any loss or damage resulting from such use.
7.3 Should you discover that your Device is lost or stolen or has been accessed or used in an unauthorised way, we shall be immediately notified through the Interface of the loss/theft or unauthorised access/use. In addition, where your Device has been accessed or used in an unauthorised manner, you should immediately reset the password on your Device.
8. CHARGEBACK
8.1 We are to be contacted through the Interface without undue delay in the event of any dispute regarding the validity of any Card Transaction or request for Chargeback no later than 60 days after the transaction date in respect of a dispute to be reviewed and raised. We will assist you in resolution of the dispute or direct such request to the Merchant or the relevant Card Network for processing.
8.2 We will require compliance with the relevant Card Network Rules in relation to such dispute or Chargeback request, including furnishing a written explanation of the dispute or Chargeback request and/or a copy of the related sales transaction receipt and any other information and supporting documents that we and/or the relevant Card Network may require.
8.3 We reserve the right to investigate any disputed transaction. In the event of any investigation by us or competent authority, you agree to assist and cooperate by providing us with any additional information and/or documentation.
8.4 If evidence reasonably concludes that any disputed transaction is either a result of your wilful default, fraud or negligence, or in breach of these Terms, you agree and authorise us to deduct the amount from the disputed transaction and a Chargeback fee from the Account Balance.
8.5 Any fees imposed by us and/or the relevant Card Network for the processing of such dispute or Chargeback request may in our sole and absolute discretion either be deducted from the Account Balance or claimed from you on a strictly non-refundable basis.
8.6 You hereby agree and accept that (a) we and/or the relevant Card Network may, but are not obliged to (whether under these Terms or otherwise) assist you with or process your dispute or Chargeback request; and (b) the decisions of us and/or the relevant Card Network on all matters relating to or in connection with such dispute or Chargeback request is final and conclusive and binding on you for all purposes unless otherwise provided in such terms, conditions, rules, procedures and/or guidelines as may be issued by the relevant Card Network from time to time. You acknowledge and agree that the repayment of any amount previously charged to the DAU Card may be subject to such terms, conditions, rules, procedures and/or guidelines as may be issued by the relevant Card Network from time to time.
8.7 In any event, you acknowledge and agree that we and the relevant Card Network shall not be liable to you in respect of any matter relating to or arising out of such dispute or Chargeback request.
CARD USAGE
9.1 The DAU Card is a spending card; hence usage thereof shall be dependent on the spending allocation and the other Card Limits stipulated by us.
9.2 The DAU Card is only accepted by Merchants participating in the relevant Card Network. We will not authorise any transaction for an amount larger than the spending allocation or which otherwise exceeds any Card Limit.
9.3 The DAU Card may be used to purchase goods and/or services from a Merchant either online or at a point of sale (“POS”) terminal that accepts the DAU Card. You will need to follow the instructions on the relevant website or POS machine to perform the DAU Card purchase. This may involve you entering the details of the DAU Card (the card number, expiry date and CVC number) or the DAU Card PIN number.
CARD BENEFIT
10.1 We may offer different benefits for the DAU Card from time to time at our sole and absolute discretion. We may introduce new benefits or vary or withdraw any benefit without prior notice. We have the right to set, exclude or withdraw any Account which may be linked or used in connection with any card benefit.
10.2 Card benefits may include the following (or any of them):
(a) mobile or contactless payment function;
(b) rewards and privileges;
(c) instalment plans for purchasing goods or services from designated Merchants; and
(d) any other benefits that we may notify you from time to time.
WITHDRAWAL SERVICES
11.1 Cardholders may use the DAU Cards to withdraw cash from ATMs (“Withdrawal Services”) which accept DAU Cards. The instructions on the ATMs are to be followed to perform any such withdrawal. These instructions may involve entering the DAU Card PIN number. Any such withdrawal will be subject to such limits as may be prescribed by us or otherwise from time to time.
11.2 Withdrawal Services will be subject to such fees as may be prescribed by us from time to time, and such fees may be adjusted by us at our sole and absolute discretion from time to time without notice. Please note that fees may also be charged by ATM providers in respect of any withdrawal, in respect of which we will have no control and will not be responsible.
11.3 We shall not be liable to you or any other person in respect of any losses, damages or liabilities (including but not limited to tax liabilities) incurred as a result of, or otherwise in connection with, any withdrawal from the ATMs or any related asset or currency conversion.
CARD FEES
All Card Fees are set forth in the Annexure 1 and are subject to change from time to time. You will be notified of any changes to the Card Fees through the Interface.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that:
(a) our and our affiliates’ trade marks, logos, service marks, product names and other proprietary indicia used to provide the Services and the DAU Cards (collectively, the “Trade Marks”) remain the property of us and our affiliates;
(b) the intellectual property rights in and to the Services are either owned by us or licensed to us by third-party licensors;
(c) other than the licence expressly granted by you in these Terms, no other rights are granted to you in respect of either the Trade Marks, the Interface or the Services; and
(d) no part or parts of the Interface may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, transmitted, adapted, modified to create derivative works
or otherwise commercially exploited in any manner or by any means or stored in an information retrieval system without our prior written consent.
DATA PROTECTION
By using the Services, you confirm that you have read and understood our Privacy Policy and consent to us collecting, using, disclosing and sharing amongst ourselves your Personal Data and disclosing such Personal Data to our authorised service providers and relevant third parties for purposes required by us to facilitate and administer your use of the Services. These purposes are set out in greater detail in our Privacy Policy, which will be made accessible through the Interface.
LIMITATION OF SERVICES / TERMINATION
15.1 We may at any time, without notice and in our sole and absolute discretion, terminate, suspend or limit the use, or the functionality, of the Services (including refusing to process any Card Transactions, or reversing any Card Transaction that you have effected) for any reason, including, without limitation: (a) in the event of any breach by you of any of these Terms, or all other applicable terms; (b) for the purposes of complying with Applicable Laws; (c) where we suspect that a transaction effected by you is potentially connected to any unlawful activities (including but not limited to money laundering, terrorism financing and fraudulent activities); or (d) as may be informed by our internal risk monitoring policy and the spending allocation reasonably anticipated for the type of consumer group you belong to.
15.2 Your obligations under these Terms will continue and we shall remain entitled to deduct any amount and charges incurred in or related to Card Transactions that are carried out before or after the termination of the DAU Card and you shall continue to remain liable to us for such amounts and charges until they are paid in full.
15.3 You shall not be entitled to any payment, compensation or damages from us in relation to any suspension or termination of your use of the Services, the DAU Card for any reason whatsoever. Any suspension or termination of your use of the Services, the DAU Card for any reason whatsoever shall not release you from any liability or responsibility on your part, which at the time of such suspension or termination, has already accrued.
15.4 Our rights of suspension and termination under these Terms shall be without prejudice to any other rights or remedies which we may have (whether under these Terms, at law, in equity or otherwise).
15.5 The DAU Card may be terminated at any time upon request by the Account Holder (“User Termination”). Requests for a User Termination may be submitted to us through the Interface and such requests for a User Termination are subject to a fee which shall be deducted from the Account Balance.
15.6 To process a User Termination request, we may ask you to provide your photograph identification documents and other details for identification purposes to enable us to comply with the Applicable Laws.
15.7 Upon termination of the DAU Card for whatsoever reason(s), we shall be entitled to retain the entire Account Balance. We may however in our sole and absolute discretion refund the Account Holder the Account Balance in whole or in part in exceptional circumstances.
15.8 Should there be a refund of the Account Balance in whole or in part pursuant to Clause 15.7 above, you shall take all necessary measures to ensure that any refund of the Account Balance in whole or in part shall be completed within three (3) months of such refund by us. Failing which, we reserve the right to forfeit the entire Account Balance without any prior notice.
15.9 Any refund of the Account Balance shall be subjected to a refund fee which will be deducted from the Account Balance.
15.10 Should the Account become ineligible or is otherwise suspended at our sole and absolute discretion, you may be charged an account maintenance fee which shall be deducted from the Account Balance.
INACTIVITY
In the event the Account is deemed to be inactive at our sole and absolute discretion, you will be charged an inactivity fee which shall be deducted from the Account Balance.
LIMITATION OF LIABILITY
17.1 Except as expressly provided in these Terms, to the fullest extent permitted by law, we disclaim all other representations or warranties, express or implied, made to you, your affiliates or any other person, including without limitation, any warranties regarding quality, suitability, merchantability, fitness for a particular purpose or otherwise (regardless of any course of dealing, custom or usage of trade) of any service or any goods provided incidental to the Services provided under these Terms. Our liability in respect of representations and warranties that cannot be excluded is limited, at our option, to any one of: (i) re-supplying, replacing or repairing the services in respect of which the breach occurred or (ii) paying the cost of the re-supplying, replacement or repairing of the Services in respect of which the breach occurred.
17.2 Notwithstanding anything in these Terms, to the extent permitted by law, in no event shall we or any of our representatives be liable to you: (a) for any losses or damage or claims (i) due to an unusual or unforeseeable event, outside the reasonable control of us and the consequences of which could not have been avoided even if all due care had been exercised (including but not limited to force majeure, events of war or civil unrest, natural disasters, strike, lock-out, traffic disruption, acts of domestic or foreign governmental authorities); (ii) arising from or in connection with: (1) any delay, suspension, discontinuance or failure of the interface or services; (2) any rejection of the DAU Card; (3) any refusal to process or authorise any transaction for any reason; (4) your inability to effect or complete any transaction due to system maintenance or breakdown / non-availability of the interface, network, our hardware or software or that of any third parties; (5) use of your Device and the Services by third parties, whether authorised or unauthorised by you; (6) any theft or loss of your Device; (iii) caused by us due to compliance with the Applicable Laws, court orders, and/or Card Network Rules; and (iv) arising out of or in connection with these Terms for lost profits, lost revenues, lost business opportunities, exemplary, punitive, special, incidental, indirect or consequential damages, each of which is hereby excluded by agreement of the parties to these Terms, regardless of whether such damages were direct or indirect, foreseeable or unforeseeable, or whether we have been advised of the possibility of such damages.
17.3 In any case, our total liability arising out of or in connection with the provision of any Service under these Terms shall be limited to your Account Balance as of the date your claim arises.
17.4 We shall not be liable for fault on the part of any third-party service providers instructed by us. In such cases, our liability shall be limited to using reasonable care in the selection, appointment and instruction of such third-party service providers (but not of any sub-contractor or other third-party such third-party service provider may use).
17.5 Nothing in these Terms shall operate to limit or exclude any liability for fraud or for death or personal injury resulting from negligence.
INDEMNIFICATION
You agree to indemnify and hold us, each of our affiliates and third-party service providers, and each of their respective shareholders, officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys’ fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to (i) your breach of these Terms; (ii) your use of the Interface, the DAU Card,; (iii) your violation of any rule or regulation including the Card Network Rules, or the rights of any third-party; and (iv) any transactions resulting from your wilful default, fraud, gross negligence or breach of these Terms.
AMENDMENT AND VARIATION
19.1 These Terms may be amended from time to time, and you will be notified of any such amendments through the Interface. Such amended Terms as posted will take effect immediately upon posting. You should regularly check the Interface to inform yourself of any such amendments. In addition, we may at any time change, add or remove any feature or functionality of the Interface without prior notice.
19.2 By continuing to use the Services and/or the DAU Card after any such amendments have taken effect, you are indicating your acceptance of the amended Terms. You shall immediately cease using the Services and/or the DAU Card and immediately notify us of your intention to do so through the Interface should you wish to not be bound by such amended Terms
ASSIGNMENT AND SUBCONTRACTING
These Terms, and any rights and licences granted hereunder, are personal to you and may not be transferred or assigned by you, but may be assigned by us without restriction, including without limitation to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Any attempted transfer or assignment in violation hereof shall be null and void.
SEVERABILITY
If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. Such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any Applicable Laws.
ENTIRE AGREEMENT AND LANGUAGE
22.1 These Terms constitute the entire agreement between you and GFTL, us and these Terms supersede and invalidate all other prior representations, arrangements, understandings, and agreements relating to the subject matter hereof (whether oral or in writing, express or implied).
22.2 By using the Services and/or the DAU Cards, you acknowledge that you have not relied on any statement, representation, warranty, or understanding other than those expressly set out in these Terms.
22.3 These Terms are concluded in the English language and all communications including any notices or information being transmitted shall be in English. If these Terms or any part of it is translated (for any proceedings, for your convenience or otherwise) into any other language, the English language text of these Terms shall prevail.
22.4 Notwithstanding the foregoing, if there are conflicts between any of the terms in these Terms and any the terms in the Interface Terms and/or any the Service Content, these Terms shall prevail.
WAIVER
23.1 We may in our sole and absolute discretion waive the Terms in whole or in part in exceptional circumstances.
23.2 Our delayed enforcement or non-enforcement of any of the terms of these Terms shall not be construed as a waiver of any of the other rights we have arising out of the breach or any subsequent breach of any of these Terms and no right, power or remedy conferred upon or reserved for us in these Terms is exclusive of any other right, power or remedy available to us and each such right, power or remedy shall be cumulative.
NOTICES AND COMMUNICATIONS
24.1 By using the DAU Card and/or the Services, you agree that we, our related corporations, third-party service providers, contractors or sub-contractors may provide you with any notices or other communications relating to your use of the DAU Card and/or the Services electronically through the Interface.
24.2 Except as otherwise specified in Terms, all notices made pursuant to the use of the DAU Cards and/or the Services shall be delivered to our support system through the Interface and shall take immediate effect unless otherwise stated.
THIRD PARTY RIGHTS
A person who is not party to these Terms has no rights under the Contracts (Rights of Third Parties) Ordinance (Cap. 623 of the laws of Hong Kong) to enforce or enjoy the benefit of any of the provisions of these Terms.
GOVERNING LAW AND JURISDICTION
26.1 These Terms shall be governed by and construed in accordance with the laws of Hong Kong. You agree to commit to negotiate in good faith to seek amicable solutions to any disputes, controversies, differences or claims arising out of or in connection with any terms of this Agreement including any question regarding its exercise, validity or termination.
26.2 If an amicable solution cannot be reached within 30 days from the date that the dispute, controversy, difference or claim, you agree that any dispute, controversy, difference or claim arising out of or relating to these Terms, including but not limited to the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and resolved by arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) under the HKIAC Administered Arbitration Rules for the time being in force, and judgment on the award(s) rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The seat of arbitration shall be Hong Kong. There shall be one (1) arbitrator, and the said arbitrator shall be appointed by GFTL and/or its affiliates. The arbitration proceedings shall be conducted in the English language and shall be kept confidential in all respects.
Annexure 1
Card Fees
TIER FEES
Tier
Monthly Fee
Basic
US$0.00*
Traveller
US$10.00*
Gold
US$50.00*
*Fees stated may change from time to time as GFTL may notify you through the Interface. Please always refer to the Interface for the most up-to-date fee charges.
TRANSACTION FEES
(a) Variable Transaction Fees
Tier
Fee (% of transaction value)
Basic
0.35%*
Traveller
0.20%*
Gold
0.00%*
*Fees stated may change from time to time as GFTL may notify you through the Interface. Please always refer to the Interface for the most up-to-date fee charges.
(b) Fixed Transaction Fees
Tier
单笔转账费
Fee-Exempt Transactions per month
Basic
US$0.55*
0*
Traveller
US$0.55*
25*
Gold
US$0.00*
不适用*
*Fees stated may change from time to time as GFTL may notify you through the Interface. Please always refer to the Interface for the most up-to-date fee charges.
ATM WITHDRAWAL FEES
(a) Domestic ATM Fees (Hong Kong)
Fee Type
Amount
Fixed Withdrawal Fee
US$2.50 per transaction*
Variable Withdrawal Fee
1.00% of transaction value*
*Fees stated may change from time to time as GFTL may notify you through the Interface. Please always refer to the Interface for the most up-to-date fee charges.
(b) International ATM Fees (Outside of Hong Kong)
Fee Type
Amount
Fixed Withdrawal Fee
US$2.50 per transaction*
Variable Withdrawal Fee
2.00% of transaction value*
*Fees stated may change from time to time as GFTL may notify you through the Interface. Please always refer to the Interface for the most up-to-date fee charges.
FOREIGN EXCHANGE CONVERSION FEES
Tier
Fee (% of transaction value)
Basic
2.00%*
Traveller
1.20%*
Gold
1.00%*
ADDITIONAL FEES
Fee Type
Amount
退单处理费
US $50.00 per chargeback request*
Transaction Refund Fee
2.00% of transaction value*
Reversal Fee
Standard fixed transaction fees per reversal apply*
*Fees stated may change from time to time as GFTL may notify you through the Interface. Please always refer to the Interface for the most up-to-date fee charges.