(a) You can start using your account(s) once we have opened them for you in the Mox app.
(b) There is no minimum or maximum balance for any (or all) of your accounts. But, you will only earn interest on balances across your Hong Kong dollar accounts up to a certain amount, which we’ll display on the Mox app and our website (“Amount”). That is, once the total balance of all your Hong Kong dollar accounts is above the Amount, no interest will be earned on the portion of the total balance which is above the Amount. How interest will be paid where the total balance of all your Hong Kong dollar accounts is above the Amount will also be displayed on the Mox app and our website.
(c) We may introduce, specify or vary any conditions in relation to the use or features of an account, including:
(i) introduce, specify or vary the means by which funds may be deposited into an account, or payments withdrawn or made from an account;
(ii) specify, vary or withdraw any currencies accepted in respect of any account; and/or
(iii) accept or reject any Instruction made by you to deposit funds into an account or withdraw or make payment from an account.
(d) Each deposit into an account is subject to final payment or clearing, which means that the relevant proceeds may not be available for use until receipt or clearing of full and final payment.
(e) We may take any money out of an account that was wrongly put into that account.
(f) Any deposits in your accounts with a current term equal to or less than 5 years are deposits qualified for protection by the Deposit Protection Scheme in Hong Kong established under the Deposit Protection Scheme Ordinance (Cap. 581 of the Laws of Hong Kong), up to a total limit of HK$500,000 per depositor (regardless of the number or amount of deposits).
2. Mox Account
(a) You will have a main account (“Mox Account”), which:
(i) will be opened in your name once we let you know that you have successfully completed Mox’s onboarding process;
(ii) has an account number;
(iii) can be used for saving or everyday purchases, payments and transfers in Hong Kong dollars; and
(iv) has a HK$0 monthly fee.
(b) Cheque services are not available.
(c) You need to keep track of how much money is in your Mox Account and only withdraw or spend what you have.
(d) If you try to use your Mox Card to withdraw or spend more money than you have in your Mox Account, your transaction will usually be declined.
(e) However, in some circumstances, you may be able to withdraw or spend more money than you have in your Mox Account. If this happens, you owe us that money and you need to immediately put money into your Mox Account so that it has at least a HK$0 balance. If you don’t do this, we may take money out of one of your other accounts and put it in your Mox Account.
(f) You are responsible for paying us the overdrawn amount even if your Mox Account is closed.
(g) We may also charge you a fee and interest while your Mox Account remains overdrawn. You can see details on these fees in the Mox app.
3. Goal accounts
(a) In addition to your Mox Account, you may also open sub-accounts (“Goal accounts”) on the Mox app. This way, you can keep money separate from your Mox Account.
(b) Your Goal accounts cannot be overdrawn.
(c) Your Goal accounts will not be allocated an account number.
4. Earning interest on your accounts
(a) Your Mox Account and any Goal accounts will earn interest.
(b) We calculate interest on these account balances at the end of each day.
(c) We will pay any interest that you earn on your account balances into your respective account daily, or as we may otherwise tell you. Interest will only be paid up to two decimal places (truncated).
(d) No interest will accrue before the proceeds of any deposit are actually settled and credited to your Mox Account or any one of your Goal accounts. So, interest will only be earned when there is money in your Mox Account or any of your Goal accounts. Once any money leaves your Mox Account or any of your Goal accounts, that money will not earn any interest. Even if a transaction is disputed and the disputed amount is then returned to your account, that disputed amount won’t earn interest unless and until it is settled and credited back to your account.
(e) Interest rates may change from time to time – our current interest rates and information on how we calculate them is available on the Mox app and on our website.
(f) If your Mox Account or one of your Goal accounts is closed during an interest period, interest will be paid up to but excluding the calendar day on which the account is closed.
PART B: Your Mox Card (Applicable to all customers)
5. Your Mox Card
(a) When you open a Mox Account with us, we will:
(i) provide you with a digital Mox Card (on the Mox app) which you can use to debit from your Mox Account; and
(ii) we will send you a physical Mox Card.
(b) For the purposes of these terms, your “Mox Card” includes your:
(i) physical Mox Card;
(ii) digital Mox Card on the Mox app; and
(iii) Mox Card you have added to a digital wallet.
(c) Your Mox Card will remain the property of Mox and is non-transferable.
(d) Your Mox Card details (including, your Mox Card number, CVV and expiry date) will not be shown on your Mox Card. They will be shown to you on the Mox app. Six months before your Mox Card expires, we will tell you about receiving a replacement card.
(e) We may offer you other services from time to time which you may access using your Mox Card. We will tell you about the services in the Mox app or on our website.
5.1. Your physical Mox Card
(a) Before you can use your physical Mox Card, you need to activate it and choose a 6-digit PIN using the Mox app. You may use the Mox app to change the PIN for your Mox Card at any time.
(b) Your physical Mox Card must be destroyed if and when:
(i) your Mox Account is closed;
(ii) these terms are terminated; or
(iii) your Mox Card expires, is cancelled or we issue a new Mox Card to you.
5.2. Adding your Mox Card to a digital wallet
You can choose to add your Mox Card to a digital wallet and make purchases using the digital wallet instead of directly using your Mox Card. In doing so, you agree to the digital wallet terms and conditions set out in Part D, and any separate terms and conditions provided by the digital wallet provider.
5.3. Using your Mox Card
(a) Even if you have not received your physical Mox Card, after we open your Mox Account you can:
(i) use your digital Mox Card on the Mox app for online transactions; and
(ii) add your digital Mox Card to a digital wallet and use it for transactions at a point of sale (where available).
When you receive your physical Mox Card from us, you can also use it to take cash out at an available ATM or point of sale (where available).
(b) You can use your Mox Card anywhere that Mastercard is accepted.
(c) If we approve your application for Mox Credit (see Schedule 3 to these terms), you can switch between linking your Mox Card to your Mox Account and to Mox Credit on the Mox app. While your Mox Card:
(i) is linked to your Mox Account, all new transactions (including any automatic payment and other recurring arrangements previously set up by you on Mox Credit and any refunds) will be taken from (or, in the case of a refund, deposited into) your Mox Account; or
(ii) is linked to Mox Credit, all new transactions on your Mox Card will be effected and processed in accordance with Schedule 3 to these terms (which applies to your use of Mox Credit).
To be clear – if you do not have Mox Credit, all transactions (including any automatic payment and other recurring arrangements set up by you on your Mox Card and any refunds) will be taken from (or, in the case of a refund, deposited into) your Mox Account.
(d) Our right to debit your Mox Account or any of your Goal accounts is not affected by disputes between you and third parties.
(e) We may impose limits on Mox Card transactions or cash withdrawals, either per transaction or in a given timeframe. You can see details on these limits in the Mox app. See also clause 5.5 below on how you may set your own personal limits on the use of your Mox Card.
(f) You must not (or allow anyone else to) use your Mox Card:
(i) to purchase of goods or services which impose operational, reputation or compliance risks on Mox;
(ii) for any unlawful activity (including a purchase of goods or services that is illegal or prohibited by the laws of Hong Kong or by the laws of the country where the purchase is made);
(iii) in connection with gambling, wagering or betting activities; or
(iv) in any manner in breach of Mox’s obligations to the Hong Kong Monetary Authority.
You must tell us immediately if you become aware or suspect that your Mox Card has (or may have) been used in any of those ways.
(g) We are not liable for:
(i) the refusal of any merchant, financial institution or other person to accept your Mox Card; or
(ii) any defect or deficiency in goods or services supplied to you by any merchant, financial institution or other person. You must resolve any complaint against any merchant, financial institution or other person yourself and no claim against any of them may be made against or set off against us.
(h) You may ask us to replace or renew your Mox Card, for example, if your existing Mox Card has been damaged, lost or stolen.
(i) We may cancel or refuse to re-issue, renew or replace your Mox Card without giving you any notice or reason.
(j) Any transaction you make using your Mox Card can be disputed by calling our contact centre (Tel: 2888 8228). Disputes will be handled by our disputes team, who may require you to provide further information. You may be charged a fee if your dispute is not substantiated.
5.4. Using your Mox Card overseas
(a) If you use your Mox Card overseas to make purchases at a point of sale (where available), or to buy goods or services in a foreign currency (or obtain a refund for such goods purchased in a foreign currency), at the time of the transaction:
(i) the foreign currency transaction amount will be converted into Hong Kong dollars at the foreign exchange rate provided by Mastercard;
(ii) we’ll take the Hong Kong dollar amount out of your Mox Account (or, in the case of a refund, we’ll put the Hong Kong dollar amount into your Mox Account); and
(iii) a foreign exchange mark-up will also be added by Mastercard and Mox and we’ll take this mark-up out of your Mox Account. See the Mox app for details on how this mark-up is calculated.
Some online transactions that are displayed in Hong Kong dollars are processed overseas and may incur the foreign exchange mark-up. If you’re unsure, check with the particular retailer first.
(b) If you have activated the overseas ATM withdrawal service function on the Mox app and you use your physical Mox Card overseas to take cash out at an available ATM:
(i) (for withdrawals at a Jetco ATM outside Hong Kong):
(A) the foreign currency transaction amount will be converted into Hong Kong dollars at the foreign exchange rate provided by Jetco;
(B) we’ll take the Hong Kong dollar amount out of your Mox Account, along with any fees we may impose; and
(ii) (for withdrawals at a Mastercard ATM outside Hong Kong):
(A) the foreign currency transaction amount will be converted into Hong Kong dollars at the foreign exchange rate provided by Mastercard;
(B) we’ll take the Hong Kong dollar amount out of your Mox Account, along with any fees we may impose; and
(C) a foreign exchange mark-up will also be added by Mastercard and Mox and we’ll take this mark-up out of your Mox Account. See the Mox app for details on how this mark-up is calculated.
Please also be aware that some overseas cash withdrawals using your physical Mox Card may be subject to fees and charges imposed by overseas local banks providing the ATM service, which will apply in addition to any fees we may charge.
5.5 Locking your card and spending limits
On the Mox app you can:
(a) lock your Mox Card at any time – this will decline any attempted payments with your Mox Card;
(b) unlock your Mox Card – this will allow payments to be made with your Mox Card; and
(c) set and change your own personal limits for spending on or making cash withdrawals using your Mox Card. You may also change your overseas ATM withdrawal limit via a Jetco ATM in Hong Kong before you travel.
6. CashBack on your Mox Card
(a) From time to time, we will pay you cash back into your Mox Account when you use your Mox Card on eligible transactions in Hong Kong or overseas. We call these payments “CashBack”.
(b) Your entitlement to CashBack is governed by this clause 6 (which applies to all types of CashBack that we may offer you from time to time) and any additional terms specified in the Mox app and/or on our website (including the CashBack table and Mox disclaimer. Any such additional terms prevail over this clause 6 to the extent of any inconsistency between them.
(c) The CashBack table sets out details of the CashBack offers currently available for spending with your Mox Card, including the CashBack Rates that apply to eligible transactions on your Mox Card from your Mox Account and with Mox Credit, our selected CashBack Merchants (and any specific CashBack Rates applicable to each), applicable Caps on CashBack payments, and the time period during which the CashBack offers and Caps apply.
We may change the information in the CashBack table from time to time without notice so please check it regularly.
(d) We may specify, change, modify, suspend, terminate or make any decision in connection with any CashBack offer at any time without notice, in our absolute discretion.
6.2. CashBack Rates
(a) A CashBack payment will be calculated based on a specific percentage (“CashBack Rate”) of the amount of an eligible transaction on your Mox Card.
(b) Applicable CashBack Rates:
(i) are determined by us in our absolute discretion and are specified in the CashBack table;
(ii) may change from time to time, and may be reduced to a percentage of zero percent (0%); and
(iii) may differ between transactions on your Mox Card from your Mox Account and with Mox Credit, as well as between certain CashBack Merchants.
(c) Only the highest applicable CashBack Rate will apply for each transaction eligible for CashBack. For example, if the CashBack Rate available at a CashBack Merchant is 3% and an unlimited CashBack Rate of 1% would otherwise apply, your CashBack Rate is 3% only – you will not (also) receive the 1% unlimited CashBack.
6.3. CashBack Merchants
(a) We may add or remove merchants from the list of CashBack Merchants shown in the CashBack table, without notice. We are not liable to you for any change to the CashBack Merchants.
(b) If a merchant is not (or is no longer) listed in the CashBack table, then only the unlimited CashBack Rate (if applicable) will be available on any eligible transactions with that merchant.
(c) We may specify any special or additional terms that apply to particular CashBack Merchants, in the Mox app and/or on our website.
(d) CashBack Merchants may specify additional third party offers available to you from time to time. We are not liable if we do not notify you about any such third party offers, or if the description of any third party offers in the Mox app or on our website are inaccurate. The provision of any such third party offers to you is subject to the Mox disclaimer in the Mox app and on our website.
6.4. Caps on CashBack payments
(a) We may cap the total of any and all CashBack payments you may receive over a period of time at a Hong Kong dollar amount (a “Cap”).
(b) Any Cap, and the associated time period, applicable CashBack Merchant(s) and/or transactions to which it may apply, will be set out in the CashBack table.
(c) If a transaction is refunded or reversed, we will not reset or readjust an applicable Cap (nor your utilisation of it) regardless of whether we deduct the relevant CashBack payment from your Mox Account. For example, if you earn CashBack equal to an applicable Cap for a transaction, even if that transaction is subsequently reversed and we deduct part or all of the CashBack earned from your Mox Account, you are not entitled to any additional CashBack on eligible transactions to which the Cap applies during the relevant time period.
(d) If you change between spending with Mox Credit and spending with your Mox Card from your Mox Account (or vice versa), we will not reset or readjust an applicable Cap (nor your utilisation of it). For example, if you earn CashBack equal to an applicable Cap for a Mox Credit transaction, the applicable Cap will not reset if you change to spending with your Mox Card from your Mox Account and then back to spending with Mox Credit again.
(e) Once you earn CashBack up to an applicable Cap, you may be entitled to earn another form of CashBack on eligible transactions.
(f) If a single eligible transaction results in you earning more than an applicable Cap, you will receive CashBack up to that Cap and any other form of applicable CashBack on the remaining transaction value. We will apportion the transaction value of any eligible transaction between the CashBack which is capped (up to the applicable Cap) and any other applicable form of CashBack.
6.5. Eligibility for CashBack
(a) We will not pay you CashBack:
(i) on any interest earned on your Mox Account or Goal account(s); or
(ii) on any transaction types or with merchants that are not eligible for CashBack, as ultimately determined by us in our absolute discretion based on transaction records held by us (which are final and conclusive in case of any discrepancy).
(b) The following transaction types are examples of those that are likely to constitute ‘ineligible transactions’ and will therefore not be eligible for CashBack:
(i) transactions made using your Mox Card which fall within certain merchant codes or categories designated by us (in our absolute discretion) or by Mastercard (in their discretion) from time to time. For example, a merchant may change their merchant code(s) or Mastercard may change how they categorise merchants or transaction types and this may affect your eligibility for CashBack;
(ii) gambling or betting transactions, including government licensed horse / dog racing;
(iii) cash withdrawals;
(iv) cash advances or balance transfers;
(v) payments through digital wallets (except in most cases for payments made through Google Pay or Apple Pay) or digital wallet top-ups;
(vi) payments in relation to crypto-currencies;
(vii) sending or transferring cash using your Mox Card or Mox Account (whether by a digital means or otherwise);
(viii) payments to financial institutions, including brokers and dealers;
(ix) bill payments, tax payments or insurance payments;
(x) purchases of foreign currencies, money orders or traveler’s cheques; and
(xi) payments of financial charges or fees.
(c) We have no obligation to clarify which transaction types or merchants are eligible or ineligible for CashBack, or any applicable CashBack Rate or Cap, before you conduct a transaction. We are not liable to you for any changes to the types of transactions or the list of merchants which are eligible or ineligible for CashBack or for any change to any applicable CashBack Rate or Cap.
(d) As the types of transactions that are ineligible for CashBack may change from time to time, it is possible that a transaction on which you previously earned CashBack may subsequently become ineligible for CashBack. You may also receive CashBack on a transaction that was previously ineligible for CashBack.
6.6. Payment of CashBack
(a) We will deposit all CashBack payments in Hong Kong dollars into your Mox Account based on settled transactions only.
(b) CashBack will be calculated so that amounts less than HK$0.005 will be rounded down to the nearest cent and amounts equal to, or greater than, HK$0.005 will be rounded up to the nearest cent.
(c) Where a CashBack offer is only available for a specific time period (as set out in the CashBack table), we will only pay you CashBack on any eligible transactions approved or authorised by us prior to the expiry of such time period (subject to any applicable Cap). Please refer to the CashBack table for your entitlement to CashBack after any such period has expired.
(d) Each notification that you receive via the Mox app about an approved transaction on your Mox Card will also indicate any CashBack that you are eligible to receive in respect of that transaction when the transaction has settled.
(e) As we only pay you CashBack based on settled transactions, CashBack may not appear in your Mox Account for a number of days after we notify you that a transaction is pending or approved and is eligible for CashBack. The CashBack that we actually deposit into your Mox Account might be different to the amount we notified you when the transaction was pending or approved. We may make any decision with respect to the method of calculating CashBack payments and are not liable for any difference between the CashBack amount notified to you and the CashBack amount (if any) actually deposited into your Mox Account.
(f) You can’t receive more than one CashBack payment for a single transaction, regardless of how you complete that transaction. For example, if you purchase a CashBack Merchant’s product through another CashBack Merchant’s platform (ie. through a third-party reseller), you will not receive CashBack twice.
(g) You can see any CashBack you have earned by looking at the CashBack details page in the Mox app.
(h) For overseas transactions that are eligible for earning CashBack:
(i) the foreign currency transaction amount will be converted into Hong Kong dollars at the foreign exchange rate provided by Mastercard. A mark-up will also be added by Mastercard and Mox; and
(ii) the CashBack amount will be calculated based on the total of:
(A) the converted Hong Kong dollar transaction amount; plus
(B) the mark-up.
(i) If you have been paid CashBack on a transaction that is subsequently:
(i) refunded or reversed (in full or in part), we may deduct any CashBack you earned on that transaction (or the relevant part of that transaction) from your Mox Account at any point in time (irrespective of whether the refunded or reversed transaction was made using your Mox Card from your Mox Account or Mox Credit). For example, if you refund a Mox Credit transaction, we may deduct any CashBack you earned on that refunded transaction (or the relevant part of that transaction) from your Mox Account, and it will not matter whether (or not) you have switched so that your Mox Card is linked to your Mox Account in the meantime. The same applies if you refund a transaction made on your Mox Card from your Mox Account and you have (or have not) switched so that your Mox Card is linked to Mox Credit in the meantime; or
(ii) disputed by you, and your dispute claim is successful, we retain the right to deduct the CashBack paid into your Mox Account on that transaction from your Mox Account in our absolute discretion.
(j) If you take steps to close your Mox Account, we will continue paying you CashBack on any eligible transactions settled prior to the closure of your Mox Account. If for any reason CashBack cannot be paid into your Mox Account prior to its closure, you will forego that unpaid CashBack. CashBack will not be paid to you after your Mox Account has been closed.
(k) If you take steps to close your Mox Account within 12 months of when you first opened it, we have the right to deduct the total amount of CashBack paid or payable to you from your Mox Account. If we make that deduction and you then re-open a Mox Account, your total accumulated CashBack will be reset proportionately (based on the amount of such deduction) for the purposes of determining whether you have reached any applicable Cap.
(l) You will not receive any CashBack for so long as your Mox Account is suspended.
(m) We may not make CashBack payments, and retain the right to deduct any CashBack paid into your Mox Account from your Mox Account:
(i) if the transaction to which the CashBack relates is in dispute;
(ii) if we believe that a transaction has been initiated for an improper purpose. For example, initiating and cancelling transactions or changing from spending with your Mox Card from your Mox Account to spending with Mox Credit (or vice versa) with the intent to earn CashBack or additional CashBack, are improper purposes; or
(iii) for any other reason we deem appropriate.
(n) You are only entitled to participate in a CashBack offer once. We reserve the right to cancel any CashBack offer provided to any person who seeks to participate in it more than once, for example by closing and opening more than one Mox Account, and to otherwise refuse, suspend or cancel a person’s participation in a CashBack offer for any reason we deem appropriate.
(o) By participating in any CashBack offer, you acknowledge that some of the CashBack Merchants (and/or their affiliates) may be direct or indirect shareholders of Mox (collectively, the “Mox Business Partners”). As a result, the Mox Business Partners and Mox may receive benefits directly or indirectly in connection with a CashBack offer and your participation in it. The nature, amount and method of calculating any such benefits may be varied at any time. Each of the Mox Business Partners and Mox are entitled to retain any such benefits for its own account and benefit absolutely without having to make any prior disclosure to you. The Mox Business Partners and Mox may also offer benefits or advantages to each other in connection with a CashBack offer.
(p) If any dispute arises in relation to any CashBack offer, our decision is final. This includes any decision(s) with respect to CashBack Rates, CashBack Merchants, applicable Caps, the list of ineligible transactions or the CashBack transaction records.
7. Protecting your money
(a) You must protect your Mox Card, PIN and device to make sure that only you can use them. You should refer to the security advice we will provide you from time to time.
(b) If you don't protect your Mox Card, PIN and device, we may not give you back any money another person takes out of your accounts without your permission.
(c) To protect your Mox Card:
(i) sign your Mox Card as soon as you receive it;
(ii) always keep it in a safe place; and
(iii) never lend your Mox Card to anybody or tell anyone your PIN.
(d) To protect your PIN:
(i) don’t choose a pin that contains numbers associated with you (such as your date of birth, telephone number or vehicle number plate) or the PINs for accessing other services (such as your wifi or email accounts); and
(ii) don't share it with any other person, or write it down on your Mox Card or anything usually kept with or near it.
Remember, you can always change your PIN in the Mox app if you forget it!
(e) You must also safeguard your Mox Card PIN for identity authentication purposes.
(f) You must lock your Mox Card on the Mox app straight away if you suspect that:
(i) your PIN has been disclosed to or used by any unauthorised person;
(ii) any other person has gained unauthorised possession of your Mox Card or used your Mox Card improperly; or
(iii) your Mox Card is lost or stolen.
(g) You must also let us know via the Mox app if:
(i) your Mox Card is lost or stolen; or
(ii) someone else knows your PIN.
(h) Until we receive such notice, you may be bound by any transaction by any person whether or not authorised by you. Provided you have not acted fraudulently, with gross negligence, or have not otherwise failed to let us know as soon as reasonably practicable after having found that your Mox Card has been lost or stolen, your liability prior to us receiving notification of such lost or stolen Mox Card is limited to HK$500.
You will however be liable for all losses if you have:
(i) acted fraudulently or with gross negligence;
(ii) failed to let us know as soon as reasonably practicable after having found that your Mox Card has been lost or stolen; or
(iii) otherwise failed to follow the safeguards or meet your obligations set out in this clause 7 or other recommendations or terms we provide to you from time to time regarding the safety and security of your Mox Card and the PIN, and your failure has caused the loss.
8. Third party services offered with your Mox Card
(a) We may enter into arrangements with third parties (such as card service providers and merchants) to offer you additional services or features on your Mox Card.
(b) These are provided to you on a best efforts basis only. We are not liable for any loss you suffer in connection with these services or features or any delay or failure in providing these services or features.
(c) Your Mox Card is a Mastercard World Rewards debit card and the use of your Mox Card is also subject to Mastercard terms and conditions, including the Mastercard World Rewards debit card benefits and rules. Mastercard may also give you access to services provided by third parties and you are liable under the terms of any such services. We have no control over, and take no responsibility for, any services provided by third parties or Mastercard.
9. Fees and charges
(a) You must pay us the fees and charges in connection with using your Mox Card and accounts. You can see details on these fees in our fee schedule which is available on the Mox app and on our website.
(b) In addition, there may be also fees and charges in connection with using your Mox Card imposed by third parties or Mastercard. You may be directly or indirectly subject to such fees and charges. Such fees and charges are determined and calculated by the relevant third parties at their sole discretion. We have no control over, and take no responsibility for, any determination or calculation of such fees and charges.
PART C: Terms for one-time password for online payments
In this Part C, “Mox”, “we,” “us,” or “our” refers to:
(a) Mox or its successors and assigns; or
(b) any service provider operating the OTP Service on behalf of Mox.
(a) When using the One-time Password (“OTP”) service provided by Mox (“OTP Service”), you may be subject to any posted guidelines or rules applicable to the OTP Service that may be posted from time to time in the Mox app or on our website.
(b) Any new features that augment, enhance or otherwise change the OTP Service are subject to these terms.
(a) When making an online transaction and the OTP Service is required, an OTP will be sent to your mobile phone number via SMS.
(b) You must input the OTP in order to complete the online payment transaction.
(c) If you are unable to provide your OTP, or if the authentication through the OTP Service otherwise fails, the merchant may not accept your Mox Card in payment for that transaction.
(d) You agree to the use of the OTP Service to evidence your identity and the use of your Mox Card to make payment for transactions authorised using the OTP Service (including for purposes of authorisation of transactions authorised in advance to recur at substantially regular intervals).
(a) You agree to safeguard the confidentiality of your Mox Card number and other verification or personal assurance information established by you with the OTP Service (“Security Data”).
(b) You agree not to transfer or sell your use of, or access to, the OTP Service to any third party.
(c) If you let any other person use your Security Data or disclose your Security Data to another person, you will be liable for all claims, losses and consequences arising from or in connection with all transactions made using the OTP Service by or with the consent of that person, and all activities that occur using your Security Data.
(d) If you have contributed to an unauthorised transaction (for example by keeping a written record of your Security Data, failing to take reasonable steps to prevent disclosure of your Security Data to any other person, failing to take reasonable steps to observe any of our security advice in these terms (or that we provide you from time to time), or delay in notifying us of an actual or possible disclosure to any other person of your Security Data) you may be liable for some or all of the losses resulting from the unauthorised transaction.
(e) You are not liable under this Part C for loss caused by:
(i) the negligence, fraud or wilful default of our employees or agents, or parties involved in the provision of the OTP Service;
(ii) faults that occur in our systems, including the systems used to provide the OTP Service, unless the faults are obvious or advised by a notice or message;
(iii) unauthorised transactions occurring before you have established your Security Data; or
(iv) any other transactions where it is clear that you could not have contributed to the loss.
4. Your conduct
You agree not to:
(a) impersonate any person or entity using the OTP Service;
(b) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment used by the OTP Service;
(c) spam or flood our website, the Mox app or the OTP Service;
(d) modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the OTP Service (including, without limitation, the website) or the software used in connection with the OTP Service;
(e) remove any copyright, trademark or other proprietary rights notices contained in the OTP Service;
(f) “frame” or “mirror” any part of the OTP Service (including, without limitation, the website) without the prior written authorisation of Mox;
(g) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the OTP Service (including, without limitation, the website) or its contents;
(h) otherwise interfere with, or disrupt, the OTP Service or servers or networks connected to the OTP Service, or violate these terms or any requirements, procedures, policies or regulations applicable to the OTP Service or of any networks connected to the OTP Service; or
(i) intentionally or unintentionally violate any applicable local, state, national or international statute, regulation, regulatory guideline or judicial or administrative interpretation, or any rule or requirement established by the service provider in connection with your use of the OTP Service.
5. Our liability
(a) Unless the law says otherwise:
(i) Mox does not give any warranties or conditions (whether express, implied, statutory or otherwise) in relation to the OTP Service, and Mox excludes all implied warranties and conditions;
(ii) Mox is not liable to you or to any third party for any modification, suspension or discontinuance of the OTP Service;
(iii) Mox assumes no responsibility and is not liable in anyway whatsoever to you or to any third party for your use of the OTP Service;
(iv) due to the nature of the OTP Service, Mox is not responsible for any loss of or damage to your data, software and computer, telecommunications or other equipment caused by you using the OTP Service unless such loss or damage is directly and solely caused by our negligence, fraud or wilful default; and
(v) Mox assumes no responsibility for, and will not be liable for, any damage to, or any viruses which may affect, your computer equipment or other property on account of your access to, use of or downloading from the OTP Service (including, without limitation, the website).
6. Dealings with merchants
(a) Your use of the OTP Service does not in any way indicate that we recommend or endorse any merchant (regardless of whether the merchant requires an OTP). For example, Mox does not verify the identity of the merchant or endorse the quality of the merchant’s goods or services.
(b) If there is any inconsistency between our internal records, and information relating to your Mox Card and related account(s) or your use of the OTP Service, our internal records will prevail in the absence of evidence to the contrary.
7. Property rights
(a) The OTP Service may be protected by copyright and other applicable laws. Mox and/or its suppliers retain all right, title, and interest in the OTP Service and all content, information, websites, software, and other materials related thereto.
(b) Some of the names referenced in the OTP Service are trademarks or registered trade marks. You agree not to use any trade marks referenced or any confusingly similar marks for any purpose without the express prior written consent of the relevant owner of the mark.
PART D: Digital wallet terms and conditions
(a) You agree to these terms if you add your Mox Card to a digital wallet.
2. Enrolment, eligibility and use of your Mox Card through a digital wallet
(a) To be able to use your Mox Card through a digital wallet on your device, you must have a valid Hong Kong mobile phone number registered with us and follow the enrolment instructions and comply with the eligibility requirements set out in the digital wallet or as provided by us.
(b) We may decline to enrol your Mox Card to a digital wallet, including if:
(i) the mobile phone number in our records is incorrect or invalid; or
(ii) we determine your Mox Card or account is not in good standing or conducted in a proper or satisfactory manner.
(c) Once your Mox Card is successfully enrolled to a digital wallet, you can use your Mox Card through the digital wallet to make contactless payments at merchants (provided they accept contactless payments through a digital wallet). You may also be able to make transactions within the Mox app where payment by a digital wallet is accepted.
(d) We currently do not impose any additional fees for using your Mox Card through a digital wallet. However, your telecommunications or wireless provider may impose fees or charges for your use of a digital wallet, and you are responsible for these. Please make sure you fully understand what, and how much, those fees or charges may be.
(e) Unless the law says otherwise, we may:
(i) terminate the use of your Mox Card through a digital wallet;
(ii) modify or suspend the type or dollar amounts of transactions allowed using the Mox Card through a digital wallet;
(iii) change your Mox Card’s eligibility for use through a digital wallet; and/or
(iv) change your Mox Card authentication process.
(f) If we cancel your Mox Card or it is locked, we will disable your ability to use your Mox Card through a digital wallet (even though you may still see a symbol for your Mox Card in your digital wallet or device).
3. Privacy and notifications
(b) We will display account and transaction details relating to your Mox Card which has been enrolled in a digital wallet. You may be able to customise or decline having such data displayed in a digital wallet. Please check with the digital wallet provider as to whether you can turn off this feature manually.
(c) Notification messages will be sent to you through a digital wallet by us for services notification or alerting you of any security or precautionary measures. We suggest that you do not deactivate the notification function in the digital wallet.
4. Removing, replacing, renewing your card in a digital wallet
(a) You can remove your Mox Card from a digital wallet by following the instructions in your digital wallet, as provided by your digital wallet provider. Once you have removed your Mox Card from a digital wallet, you will have to re-enrol your Mox Card if you wish to use it through a digital wallet again.
(b) If you remove your Mox Card from a digital wallet, you may still continue to use your physical Mox Card and your digital Mox Card on the Mox app for online transactions, provided your Mox Card and account is valid.
(c) Where your Mox Card is replaced, or we issue a new Mox Card to you, the original Mox Card will be rendered inactive from a digital wallet by us. However, we will update your new Mox Card details in the digital wallet as soon as possible so you can use your new Mox Card through the digital wallet again. You will not be required to enrol your new Mox Card through the digital wallet on your device.
(d) Your Mox Card may also be removed from a digital wallet as required by the digital wallet provider – take a look at your digital wallet provider’s terms for details. For security reasons, you might be asked to re-enrol your Mox Card to a digital wallet. If you don’t do so, you will not able to use your Mox Card for any purchase through a digital wallet.
5. Intellectual property
(a) The copyright of the contents, including patents, trade secrets, trademark, service marks, images, graphics, logos displayed (collectively intellectual property) are either owned by or licensed to us or the digital wallet provider. You don’t acquire any ownership to the intellectual property by enrolling or using your Mox Card through a digital wallet.
(b) You agree not to:
(i) use, modify, disseminate, edit, adapt or reproduce such intellectual property without our prior consent; or
(ii) challenge their validity or our ownership of or rights to them.
(a) We are not the provider of digital wallets and we do not give any warranty over the use of a digital wallet.
(b) We are not responsible for the performance of the digital wallet provider or any other third parties regarding any arrangement or agreement you enter into with them in relation to a digital wallet.
(c) There are some things that we are not responsible for because they are out of our control or they relate to how a digital wallet works or some other system that the digital wallet provider uses, including:
(i) the performance or operation of your device;
(ii) the performance or operation of a digital wallet; and
(iii) if the digital wallet provider stops or suspends you from using a digital wallet or your device no longer works with a digital wallet.
(d) You acknowledge that your use of your Mox Card through a digital wallet may be disrupted or terminated for reasons outside our control, and we will not be liable for any claim arising from or related to your use of (or failure to use) your Mox Card through a digital wallet.
(e) You agree not to carry out any action or otherwise use any device, software or routine to interfere or attempt to interfere with the proper working of your Mox Card or a digital wallet, including circumventing or attempting to circumvent any user authentication or security measures that have been put in place in this respect.