MANULIFE CARD (with MediPlus) TERMS AND CONDITIONS DBS Bank (Hong Kong) Limited Manulife Card (with MediPlus) is managed by DBS Bank (Hong Kong) Limited Effective date: 15 th February 2010 CPF/CSV/0004 (02/10)
Terms and Conditions applicable to Manulife Cards (w/mediplus) issued by DBS Bank (Hong Kong) Limited on behalf of Manulife (International) Limited Please carefully read and understand these Terms and Conditions before you activate or use your new Card or sign any Card acknowledgement form. Your attention is drawn to the following key provisions: Relevant Key Provisions Clause(s) 1. Card activation and acknowledgment A Your responsibility to sign the Card without delay B 2. Your payment obligations 5.2 3. Your obligations for Card security 7.1 4. Card misuse: (a) Our Lost Card Total Protection Service 7.3 (b) Your liability if you act fraudulently or negligently 7.5 5. Your liability for losses before Card loss is reported 7.3 & 7.5 6. Limited liability of Linked Manulife Card Cardholder 8.2 7. Your 60 day right to query your Card statement 9.3 8. Our right to ask for repayment 10.5 9. Your right not to pay during our disputed amount procedure 11 10. Your liability for our collection costs 13 11. Your rights to terminate the Card immediately 15.1 We aim to ensure Cardholders can fully understand how their Card operates and will enjoy using our service. In case of questions, please contact Manulife Card 24-hour Customer Services Hotline: 2290 8888. The following terms and conditions apply in respect of the Card: - A. Activation and/or use of any Card or signature of any Card acknowledgement form shall confirm and constitute acceptance of these Terms and Conditions. B. Accordingly, immediately upon receipt of the Card, the Card applicant and/or Guardian (as the case may be) must review these Terms and Conditions, and if accepted: (a) complete the Card receipt acknowledgment procedure and/or Card activation procedure; and (b) sign the Card without delay. If the Card applicant and/or the Guardian (as the case may be) wishes not to accept these Terms and Conditions, he must immediately cut the Card in two and return it to DBS. No charge will be made. As an unsigned Card can very easily be misused, the Card applicant and/or the Guardian (as the case may be) must act without delay to accept or return the Card. 1. Interpretation 1.1 The following expressions shall have the corresponding meanings: - "Card" means the Manulife Card (with MediPlus) and/or the Linked Manulife Card (with MediPlus) from time to time issued by DBS, on behalf of the Company; "Card Account" the account administered by DBS, on behalf of the Company in the name of the Principal Cardholder in respect of any one of the Cards (including Manulife Cards and Linked Manulife Cards) issued by DBS, on behalf of the Company at the request of the Principal Cardholder; "Cardholder" a person to whom a Card has been issued and whose name appears on that Card and where the context so admits, the Guardian; "Company" Manulife (International) Limited; "DBS"DBS Bank (Hong Kong) Limited; "Fee Schedule" the schedule giving the interest rates, fees, handling charges and other charges applicable to the Card. The current fee schedule is available on request from the Customer Services Hotline and on the DBS's website (www.dbs.com/hk) and shall be updated from time to time, in accordance with Clause 15.1; "Guardian" any person nominated by the Principal Cardholder (in writing to the Company) to operate any Linked Manulife Card issued on behalf of the Linked Manulife Card Cardholder; "Hong Kong" the Hong Kong Special Administrative Region; "Linked Manulife Card" Linked Manulife Card (with MediPlus) which does not have any VISA or MasterCard credit card function and is used exclusively for Medical Transactions and issued at the joint request of the Principal Cardholder and the Linked Manulife Card Cardholder or the Guardian; "Linked Manulife Card Cardholder" a Cardholder to whom a Linked Manulife Card (with MediPlus) is issued; "Manulife" Manulife (International) Limited; "Manulife Card" means Manulife Card (with MediPlus) from time to time issued by the Company which does not have the function of a VISA Card or a VISA Gold Card or a MasterCard or a Gold MasterCard or any other credit card and is purely issued for Medical Transactions; "Medical Transactions" a transaction relating to medical charges incurred by the Cardholder or Linked Manulife Card Cardholder at designated clinics, hospitals or any other medical institutions in Hong Kong where any such Cardholder is covered by a valid MediPlus policy; "MediPlus" a valid medical insurance policy maintained with Manulife, in respect of which the policyholder can, through the use of the Cards enjoy the benefit of simplified medical claiming procedures; "Principal Cardholder" the Cardholder at whose request and in whose name a Card Account is opened and maintained; "Terminal" includes any machine or device (such as Point-of-Sale terminal) approved by the Company or provided by DBS from time to time, through which a Medical Transaction may be effected. 1.2 Words suggesting one gender shall include all other genders and words in singular number shall include plural number and vice versa. 1.3 All references to any of the Company or DBS shall where the context permits be deemed to include a reference to its successors and assigns. 2. The Card 2.1 DBS is authorised by the Company to provide administrative and operational support to the Company to handle the Card transactions and enquiries relating thereto and to receive any of the payments due to the Company from the Cardholder on behalf of the Company. Autopay will not be accepted and in case of PPS payment, the input on merchant code should be the code of DBS, save for the above, DBS has no other obligation or responsibility to the Cardholders. 2.2 A renewal Card will normally be issued by DBS on behalf of the Company at least 30 days prior to the expiry date of a Card. Unless DBS receives written termination notice within such 30 day period, the renewal Card will be deemed to have been received and accepted. The Cardholder must promptly inform DBS if a renewal Card has not been received by the Card expiry date. 2.3 Any person authorised in writing on behalf of a Cardholder may collect any Card provided that such person shall sign and provide any requested acknowledgment of receipt, which will include confirmation of acceptance of these Terms and Conditions on behalf of the Cardholder.
2.4 The Company shall not be obliged to issue a replacement Card to the Cardholder if such Card is lost or stolen and may charge a handling fee (as shown in the Fee Schedule) for any replacement Card. 2.5 The Company may (at its sole discretion) issue Linked Manulife Cards in the name of those persons nominated by the Principal Cardholder. 2.6 A Cardholder or a Linked Manulife Card Cardholder can use such card to pay for Medical Transactions on condition that: (a) he can fulfil all claims settlement or payment requirements imposed by the Hospital from time to time which shall include but not limited to the supply of all necessary personal or medical information to the Hospital; and (b) he shall hereunder irrevocably authorise the Company to receive or obtain from the hospitals, clinics or medical institutions providing medical services to the said Cardholder all relevant personal and medical information for claims administration and settlement purpose under the MediPlus policy of which the said Cardholder is a member. The Cardholder is required to pay the shortfall between the Medical Transaction amount and the amount reimbursed by Manulife pursuant to the MediPlus policy. 3. Restrictions on Card Use 3.1 The Card shall be used exclusively by the Cardholder. The Card is not transferable and may not be pledged by the Cardholder as security for any purpose. 3.2 The Cardholder must not use the Card in connection with illegal gambling transactions or for any other illegal purposes and if the Company believes such use has occurred, it may refuse to accept any resulting Card transactions. 4. Credit Limit DBS will, on behalf of the Company, administer a Card Account which will be maintained at DBS in the name of the Principal Cardholder and the Company shall from time to time assign a medical credit limit which shall be notified to each Principal Cardholder. The Cardholder shall not allow such medical credit limit to be exceeded and shall forthwith pay the Company any amount in excess of such limit, whenever incurred, whether or not demanded by the Company. 5. Interest Rates and Charges 5.1 Interest rates, fees and charges in respect of the Card are payable in accordance with the Fee Schedule or other notices. 5.2 The Cardholder shall pay the Company and /or DBS (as the case may be determined by the Company) at such rate as the Company may from time to time determine, as stipulated on the Fee Schedule, such interest, fees and charges which are determined by the Company from time to time at its absolute discretion if the Cardholder fails or persistently delays in repaying any debts or liabilities to be payable under this agreement. 5.3 Payments to the Company shall only be treated as made once the relevant funds have been actually received. Such payments will be applied in or towards payment of: (a) all interest and finance charges; then (b) all other fees and charges; and then (c) all principal amounts due provided that the outstanding amount due for the longest period under such class shall be satisfied first, regardless of whether the amount due was incurred by the Principal Cardholder or any Linked Manulife Card Cardholder. 5.4 All payments to the Company must be made in Hong Kong Dollars. The Company will convert Card transactions not in Hong Kong Dollars into Hong Kong Dollars at its applicable exchange rate. Such rates are available from the Customer Services Hotline. 6. Company / Bank's Liability 6.1 All Medical Transactions are subject to the relevant terms and conditions of the MediPlus policy issued by the Company from time to time. The records of the Company and /or DBS in relation to any Medical Transaction shall (in the absence of manifest error) be conclusive against and binding on the Cardholder. 6.2 The Company shall not be liable for the refusal of any hospital, doctor panel or any other eligible medical institution covered by MediPlus from time to time, to accept or honour the Card nor shall it be responsible in any way for the goods or services supplied to the Cardholder or any other obligations of the said service providers. Any Cardholder complaint must be resolved between the Cardholder and the said service providers and no claim by the Cardholder against the said service providers may be the subject of set-off or counter-claim against the Company. The Company will credit the relevant Card Account with the amount of any refund only on receipt of a properly issued credit slip duly imprinted and signed by the said service providers making the refund. Adjustment in Card Account will only be made upon formal notification in writing by Manulife. 7. Cardholder's Obligations and Liability 7.1 Safety Precautions The Cardholder must take all reasonable steps to keep the Card safe, to help prevent fraud. In particular: (a) no one else should be permitted to use the Card; (b) the Card should be kept safely; and (c) the Card should only be used in accordance with such procedures, instructions and security features as may from time to time be notified to the Cardholder. 7.2 Reporting of Card Loss/Unauthorised Use The Cardholder shall report immediately to the Company and also to the police: (a) any loss and/or theft of the Card (including any Linked Manulife Card); and/or (b) suspicion of any counterfeit card bearing the same number as the Card or purported to be issued in respect of his Card Account; and/or (c) any actual or suspected unauthorized use of any Card, in each case promptly followed by a written confirmation to the Company with evidence of a police report having been made. 7.3 Liability Waiver for Unauthorised Transactions If the Company considers the Cardholder acted honestly, in good faith and with due care (including by safeguarding the Card and immediately reporting loss/misuse, as outlined in Clauses 7.1 and 7.2), then the Company may waive the Cardholder's liability: (a) arising due to misuse, if the Card is not received by the Cardholder; (b) for any or all transactions not authorized by the Cardholder; (c) where faults have occurred in the Terminals, or other systems of any Bank, which cause the Cardholder to suffer loss, unless the fault was obvious or advised by a message or notice on display; (d) due to failure of the Company's security features in respect of the Card; and/or (e) when transactions are made through the use of counterfeit cards or fraud (not involving the Cardholder).
7.4 Limit on Liability Notwithstanding Clause 7.3, in no circumstances shall the Company or DBS be responsible for any indirect, consequential or other types of loss or damage arising directly or indirectly as a result of any use, misuse or malfunction of the Card or other devices or otherwise howsoever arising. 7.5 Cardholder's Liability Where the Cardholder has acted fraudulently or with negligence, including by not acting in accordance with Clauses 7.1 (Safety Precautions) and 7.2 (Reporting of Card Loss/ Unauthorised Use) or failing to follow safeguards from time to time notified by the Company, then, where Clause 7.3 (Liability Waiver for Unauthorised Transactions) is not applied, the Cardholder shall remains liable and agrees and undertakes to: (a) pay promptly on demand all debts, liabilities and/or other amounts from time to time incurred in respect of the Card Account or as a result of the issue and/or use (whether or not authorised) of any Card issued in respect of the Card Account; and (b) hold DBS and the Company harmless and indemnify each of them on a full indemnity basis, on demand for any liability for loss, damage, reasonable costs and expenses (payable in accordance with Clause 13), which DBS or the Company may suffer or incur by reason of: (i) any transaction with or other use of the Card; (ii) any information supplied in relation to the application for or use or loss of the Card being false, incomplete or inaccurate; and/or (iii) all consequences arising from the Cardholder's breach of these terms and conditions (including consequences of any Card coming into the possession of any unauthorised person). 8. Liability for Linked Manulife Cards 8.1 The Principal Cardholder shall (jointly and severally with the Linked Manulife Card Cardholder) be liable to the Company and DBS and shall fully indemnify each of them in respect of any transaction by or obligation of a Linked Manulife Cardholder and the Guardian. 8.2 A Linked Manulife Card Cardholder is liable only for his own transactions and use of and obligations for his Linked Manulife Card (including any transaction effected by the Guardian). The Linked Manulife Card Cardholder is not liable for the Principal Cardholder's obligations. 8.3 The Cardholder shall be liable for all transactions effected or authorised through the use of the Card notwithstanding that no sales draft is signed by him and/or the medical credit limit is exceeded. Types of transactions effected or authorised without the Cardholder's signature may include, without limitation, orders placed over the telephone, the internet, by mail, by facsimile, use of Card at merchant's point of sale terminal or any other device approved by the Company from time to time. 9. Account Statement 9.1 All payments for Medical Transactions by the use of the Card and all fees, charges, costs and/or amounts payable will be charged by the Company to the Card Account in Hong Kong Dollars and a statement showing the amounts so charged (other than the interest fee/charge which may appear in separate correspondence) and the payment due date, will be sent to the Cardholder monthly or at such other intervals as the Company may decide. 9.2 The Company's records of transactions by the use of the Card (including mail, telephone, facsimile or internet orders for goods and/or services without any supporting draft or voucher) and all charges and fees shall, subject to Clause 9.3, be conclusive and binding on the Cardholder for all purposes. 9.3 The Cardholder agrees to examine each Card Account statement received from the Company or DBS (as the case may be) and to notify the Company or DBS (as appropriate) within 60 days after such statement was delivered or posted to the Cardholder or the Cardholder being notified by e-mail that the statement has been posted on-line (if the Cardholder has elected for such on-line internet notification), of any alleged error/s or omission/s. After such 60 day period, such statements shall be deemed accepted and conclusively settled and no claim to the contrary by the Cardholder shall be admissible, save only in respect of: (i) any alleged errors or omissions so notified; or (ii) cases involving forgery or fraud by any third party or other circumstances in which Clause 7.3 is applied, in either case, provided the Cardholder has complied with Clauses 7.1 and 7.2. 9.4 The Cardholder agrees to inform the Company or DBS (as the case may be) promptly if the regular Card Account statement has not been received within a reasonable time. 9.5 The Company may not issue a statement if there has been no transaction since the last statement and there is no payment due or the balance is a credit. The Card Account balance may be requested by contacting the Customer Services Hotline. 10. Termination of Account 10.1 The Card shall cease to be valid and its use must cease upon the death, bankruptcy or insolvency of the Cardholder or when the whereabouts of the Cardholder becomes unknown to the Company (other than through the fault of the Company), upon the termination of the Cardholder's MediPlus policy, or upon the cessation of the Cardholder's membership of the MediPlus policy according to its terms and conditions. 10.2 By written notice to the Company enclosing the relevant Card cut in half: (a) the Principal Cardholder may at any time terminate the use of the Card (which will also automatically terminate all Linked Manulife Cards issued for the Card Account) or of any Linked Manulife Card or Associate Card; and/or (b) a Linked Manulife Cardholder may at any time terminate the use of his Card. If only a Linked Manulife Card is terminated, the Principal Card shall remain valid, provided that the Principal Cardholder shall remain liable for all transactions effected through the use of the Card notwithstanding such termination and each Linked Manulife Card Cardholder shall remain liable for such transactions through use of his Linked Manulife Card only. 10.3 If there is a credit balance remaining after the Card Account is terminated, the Cardholder shall promptly arrange to collect the remaining credit balance within one month from the termination date, failing which the Company shall refund such balance to any person who can prove a good claim at any future time. No interest will be accrued on any credit balance. 10.4 These Terms and Conditions shall continue in full force and effect despite termination of the Card Account and/or the Card for any reason. 10.5 The entire outstanding balance on the Card Account shall become immediately due and payable: (a) upon demand by the Company; (b) upon termination or cancellation of the Card; and/or (c) if the Cardholder is in breach of any of these Terms and Conditions. 11. Disputed Amount Procedure If the Cardholder reports an unauthorised transaction to the Company or DBS (as the case may be) before the payment due date, the Cardholder may withhold payment of the disputed amount during the investigation period. If the Company's investigation concludes that the Cardholder's report was correct, then such transaction will be removed from the
statement, otherwise, the Company may re-impose the applicable interest and/or finance charges over the whole period, including the investigation period. 12. Company's Cancellation Right The Card remains the property of the Company. The Company may (where the circumstances are considered reasonable) at any time suspend, withdraw, cancel or terminate the Card and/or any related services offered and/or disapprove any proposed Card transaction and may not give any reason. Although prior notice of any such step may be given, this will not always be possible. Neither the Company nor DBS shall be liable for any loss or damage of whatever nature suffered or incurred by the Cardholder whether directly or indirectly as a result of such suspension, withdrawal, cancellation, determination or disapproval. The Cardholder shall unconditionally and immediately upon demand return the Card to the Company. 13. Customer's Liabilities for Collection Costs The Company and DBS are authorised at their discretion to appoint debt collection agents and/or lawyers for collection of any moneys owing by the Cardholder hereunder or for enforcement of any of their respective rights against the Cardholder hereunder. The Cardholder shall indemnify the Company and DBS on demand in respect of all reasonable costs and expenses thereby incurred. The total collection costs to be recovered shall in normal circumstances not exceed 30% of the amount collected. 14. Customer Data and Account Information 14.1 DBS follows the DBS Bank Group Data Policy in force from time to time. A copy of such policy has been provided and forms a part of these Terms and Conditions and was accepted by Cardholders upon applying for the Card. Further copies of such policy are available from the Data Protection Officer, DBS Bank (Hong Kong) Limited, 15th Floor, Man Yee Building, 68 Des Voeux Road, Central, Hong Kong, by calling the DBS Credit Card Customer Services Hotline, from the website (www.dbs.com/hk) or at branches of DBS. 14.2 The data of Cardholders may from time to time be used for direct marketing and/or promotional purposes regarding products and special promotions from the DBS Group. If any Cardholder does not want such use to be made of such data, he should write to the Data Protection Officer. 15. Amendments and Notices 15.1 The Company and DBS may from time to time by notice to the Cardholder change any of these Terms and Conditions and the Fee Schedule (including the applicable medical credit limit of the Card Account, the terms of payment by the Cardholder, interest rates, handling charges, annual fees and other fees and charges as stipulated in the Fee Schedule). Such changes will become effective and binding on the Cardholder on the effective date specified by the Company and will apply to all outstanding balances on the Card Account. At least 30 days notice of changes to fees or other charges payable and of changes that increase the liabilities or obligations of the Cardholders will be given. Retention or use of the Card after the effective date will constitute the Cardholder's acceptance of such changes. If the Cardholder does not accept any proposed change, use of the Card must be terminated prior to the effective date in accordance with Clause 10.2. 15.2 Any correspondence and/or information in connection with and/or arising from the operation of the Card and/or notice to be given by the Company and DBS to any Cardholder shall be deemed to have been so given to every Principal and Linked Manulife Card Cardholder and Guardian if addressed to the Principal Cardholder at his last known address by prepaid postage or by any other reasonable method. Any such notice shall be deemed to have reached the Principal and each Linked Manulife Card Cardholder and Guardian the next business day after posting if posted to an address in Hong Kong and seven days after posting if posted to an address elsewhere. The Linked Manulife Card Cardholder and Guardian shall be deemed to have consented to the disclosure and provision of his/ her data contained in the above communication (including but not limited to personal data) by the Company and DBS to the Principal Cardholder. 15.3 The Cardholder shall promptly notify the Company and DBS in writing of any changes of personal details, including employment or addresses (office, home or e-mail). Personal representative of the Cardholder shall promptly notify the Company in writing of the death of the Cardholder. 16. Law and Jurisdiction 16.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of Hong Kong. In case of inconsistency, the English version of these Terms and Conditions shall prevail over the Chinese version. 16.2 These Terms and Conditions shall be enforceable in Hong Kong and/or any other places where the Cardholder or his assets may be found. 17. Miscellaneous 17.1 These Terms and Conditions (a) shall be binding upon each successor, personal representative and person lawfully acting on behalf of the Cardholder; (b) are personal to the Cardholder and Cardholder's rights or obligations may not be assigned but DBS may assign or otherwise dispose of all or any of its rights and obligations hereunder; and (c) shall not operate so as to exclude or restrict any liability, the exclusion or restriction of which is prohibited by Hong Kong law, and if they contain any provision which is invalid for any reason, shall be ineffective only to the extent of such invalidity, which shall not affect the validity of the remaining Terms and Conditions. 17.2 The DBS may assign all or any of its rights under or in connection with these Terms and Conditions and the Card Account to any third party. The DBS may also transfer or delegate all or part of its duties and obligations hereunder to a third party it considers suitable. Such rights of assignment, transfer or delegation may be exercised without notice to or consent of the Cardholder. 17.3 No failure to act, omission or delay by the Company or DBS to exercise or enforce any right shall operate as a waiver of such right, nor will any single, partial or defective exercise of any right prevent any other or further exercise of it or the exercise of any other right. 17.4 If the Cardholder has any feedback/complaints/enquiries, please contact the Customer Services Hotline on 2290 8888 or write to DBS. Address: G.P.O. Box 639, Hong Kong.