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APPLE PAY
TERMS AND CONDITIONS

These terms and conditions ("Terms and Conditions") constitute a binding agreement between you and AlloyX (HK) Limited ("we", "us", or "AlloyX") governing your access to and use of eligible AlloyX credit cards ("Credit Cards") linked to accounts based in Hong Kong ("Cards") through Apple Pay.

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The Apple Pay service encompasses the Apple Pay payment functionality, card provisioning capabilities, and transaction history display features. AlloyX maintains sole discretion in determining which Cards are eligible for Apple Pay usage and reserves the right to reject any Card enrollment in Apple Pay without providing justification.

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Please thoroughly review these Terms and Conditions before proceeding with your Card enrollment in Apple Pay. By registering or using a Card through Apple Pay, you acknowledge and agree to comply with these Terms and Conditions. Should you disagree with these Terms and Conditions, you must refrain from registering or using your Card with Apple Pay. The use of Apple Pay is entirely voluntary, and you are not required to use Apple Pay with any of your Cards.

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Your use of Apple Pay for purchasing goods and services with your Card is subject to the applicable terms and conditions governing each account linked to the Card ("Account"). The existing terms and conditions applicable to your Card and/or Accounts with us, including:

  • (a) Terms and Conditions For Accounts and Services;

  • (b) AlloyX Credit Card Agreement ("Cardholder Agreement"); and

  • (c) Policy Statement relating to the Personal Data (Privacy) Ordinance (collectively referred to as the "Relevant Terms"), are incorporated by reference into these Terms and Conditions.

Additionally, you acknowledge that your use of Apple Pay is subject to Apple's and/or its affiliates' ("Apple") terms and conditions regarding Apple Pay usage, which shall not modify or supersede these Terms and Conditions.


ELIGIBILITY AND ENROLLMENT

Apple Pay is available to cardholders who wish to make purchases using a compatible Apple device, such as a phone, tablet, wearable device, MacBook, or Mac (collectively referred to as "Eligible Devices"). You can use Apple Pay at merchants equipped with near field communication (NFC) technology, as well as at online merchants—whether in-app or on websites—that accept Apple Pay as a payment method. This service allows you to use your Eligible Device to access and use your Cards for purchases instead of presenting your physical Card.

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To add your Card to Apple Pay, you must register your Card by either scanning it or manually entering your card details ("Card Registration"). Additional steps may be required to verify your identity before your Card is added to Apple Pay ("Identity Verification"). Enrollment will be declined if your Card is not eligible for this service, if you do not successfully complete the verification process, or if your Card or the associated Account is not in good standing or does not meet our standards, as determined at our sole discretion.

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Apple Pay may set limits on the number of Cards that can be stored on a single Eligible Device, which is outside of our control. AlloyX may also impose restrictions on the number of Eligible Devices in which the same Card can be stored; please refer to our latest communications for details on such limits.

For Credit Cards with supplementary cards, each supplementary card is treated as a separate Credit Card. Supplementary cardholders must complete their own Card Registration and Identity Verification process when adding their supplementary Credit Cards to Apple Pay.

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When you add your Card to Apple Pay, you will be assigned a unique numerical identifier that differs from your actual Card number. This identifier will be used for making purchases and processing refunds through Apple Pay. Due to how Apple Pay functions, merchants may require you to present the same Eligible Device used for the original purchase when processing returns of items bought using Apple Pay.

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Your use of Credit Cards enrolled in Apple Pay will continue uninterrupted when your AlloyX Credit Card is renewed upon expiry or replaced due to damage, regardless of whether you have activated the renewed or replacement Credit Card.


USE OF ALLOYX CARDS WITH APPLE PAY

Purchases made using your Credit Card through Apple Pay are subject to the Relevant Terms. Please review these terms for important details regarding your rights and obligations when making purchases. You are responsible for keeping your Eligible Device secure, including ensuring it is not modified in ways that violate the manufacturer’s software or hardware guidelines. If a passcode or personal identification number is required to access and use your Cards for Apple Pay purchases, you must not disclose this information to anyone and must take all necessary steps to prevent fraud, loss, or theft related to your Eligible Device or any Card used with Apple Pay.

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If biometric authentication, such as fingerprint or facial recognition, is enabled on your Eligible Device, you must not store any third party’s biometric information on the device. If a third party’s biometric data is saved on your Eligible Device and can be used to access and use your Cards, you understand and agree that this person may be able to make purchases with your Cards through Apple Pay, and you will be responsible and liable for any resulting transactions.

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If you use biometric verification (such as fingerprint or face recognition), personal identification number, or passcode (collectively referred to as “Device Passcode”) for Apple Pay, the collection, storage, enrollment, and access to Apple Pay using this information will be managed by the technology on your Eligible Device. When you log into Apple Pay and choose to verify your identity using your device’s technology, your biometric information or passcode will be matched and verified by your device. You acknowledge that AlloyX has no control over the technology, availability, verification methods, security, or integrity of your Eligible Device, and cannot be held responsible for transactions made using Apple Pay that are authorized through biometric information or passcode.

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You should carefully consider whether the verification methods and associated risks of your Eligible Device are acceptable to you.

Use of Apple Pay is entirely optional, and you are not required to use Apple Pay with any of your Cards. By choosing to access and use your Cards through Apple Pay, you agree that such use is authorized by you, and you accept full responsibility and liability for all related transactions. If your Eligible Device is lost or stolen, or if your biometric information, personal identification number, or other passcode is compromised or used, or if your Card is used through Apple Pay without your permission, you must notify us immediately. If requested, you may be required to provide a statutory declaration in a form specified by us, a police report, or any other information we reasonably require. You are responsible for all unauthorized use of your Card in connection with Apple Pay.

However, your liability for unauthorized transactions made before you notify us will be limited to HK$500, provided that

  • (i) you have fully complied with these Terms and Conditions, including all safety precautions, and notified us without delay;

  • (ii) you cooperate with any investigations and recovery efforts; and

  • (iii) we are satisfied that the unauthorized transactions were not due to your willful misconduct, gross negligence, or fraudulent actions.

If you do not notify us immediately of any unauthorized transactions involving your Card on Apple Pay, you will be held liable for those transactions. The Relevant Terms provide further details regarding your liability for losses.

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You acknowledge and agree that the transaction history shown in Apple Pay for your Card only reflects our authorization of the Apple Pay transaction made with that specific Eligible Device, and does not include any post-authorization activities such as clearing, settlement, foreign currency exchange, reversals, returns, or chargebacks.

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Accordingly, the purchase amount, currency, and other details shown in your Apple Pay transaction history may not match the final transaction amount that is cleared, settled, and posted to your Card statement of account. In case of any discrepancy between your Card statement of account and the transaction history displayed in Apple Pay, your Card statement of account will prevail, and you remain liable for all amounts shown on your statements.

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While AlloyX currently does not charge a fee for using your Card through Apple Pay, we reserve the right to implement fees at our discretion in the future. All applicable interest, fees, and charges outlined in your AlloyX Credit Card Agreement will continue to apply after registering your Credit Card with Apple Pay. Your telecommunications carrier or provider may charge web-enablement, data usage, text messaging fees, or other charges for your use of Apple Pay ("Charges"). You are solely responsible for these Charges.

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By using your Card with Apple Pay, you acknowledge and consent to receiving notifications and automatically dialed calls or text messages on your Eligible Device, which may or may not be the same device as your mobile phone number registered with us. If you withdraw this consent at any time, we may suspend or cancel your ability to use your Card with Apple Pay.

Devices that have been modified against the manufacturer's software or hardware guidelines, including the disabling of hardware or software controls (commonly known as "jail breaking"), are not considered Eligible Devices. You acknowledge and agree that using a modified device with your Card through Apple Pay is strictly prohibited and constitutes a breach of these Terms and Conditions. Such violation gives us grounds to deny your access to your Cards through Apple Pay.

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AlloyX reserves the right to suspend or cancel your ability to use your Card with Apple Pay at any time without prior notice or justification.

AlloyX maintains the right to set limits on daily and/or individual transaction amounts charged to your Card through Apple Pay. These limits will be determined by us and communicated to you from time to time.


AUTHORIZATION TO COLLECT AND SHARE DATA

You acknowledge that the following parties will have access to certain details of your transactions made with merchants when using your Cards through Apple Pay:

  • (i) Apple, as the provider of Apple Pay technology that supports the Cards in Apple Pay, along with its sub-contractors, agents, and affiliates, and

  • (ii) The applicable payment network branded on your Card (e.g., MasterCard International Incorporated and its affiliate Maestro, or Visa, U.S.A., Inc. and its affiliate Interlink), along with their sub-contractors, agents, and affiliates.

This access is granted for the following purposes:

  • Performing their obligations under these terms

  • Providing you with relevant transaction data

  • Detecting and addressing fraud

  • Complying with applicable laws and regulations

  • Responding to inquiries made pursuant to court orders or by regulators

  • Managing, making product enhancements to, and/or promoting the use of Apple Pay

  • Creating business and/or technical performance reporting

  • You acknowledge that any personal information provided by you directly to Apple, the applicable payment network branded on your Card, or other third parties supporting Apple Pay will be governed by the privacy policy of such party.


MERCHANT RELATIONSHIPS AND DISCLAIMERS

Merchants may offer you certain discounts, rebates, or other benefits (such as free shipping) (“Offers”) when you make payments using Apple Pay. These Offers are subject to terms and conditions between you and the relevant merchant and may change at any time without prior notice. AlloyX is not responsible for any loss or damage resulting from your interactions with merchants regarding these Offers.

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Subject to applicable law and the Relevant Terms, all matters related to the delivery of goods and services, returns, and warranties are strictly between you and the merchant. You acknowledge that AlloyX does not endorse or guarantee the merchants accessible through Apple Pay or any Offers they may provide.


CHANGES TO PARTICIPATION IN APPLE PAY AND TERMS AND CONDITIONS

Subject to applicable laws and regulations, AlloyX may at any time:

  • (i) terminate your use of Cards with Apple Pay,

  • (ii) modify or suspend the types or amounts of transactions permitted using Cards with Apple Pay,

  • (iii) change the eligibility of a Card for use with Apple Pay, and/or

  • (iv) alter the Card authentication process. If your Card has been cancelled or suspended in accordance with the Relevant Terms, you will not be able to use it through your Eligible Device, even if the Card symbol still appears on your device.

AlloyX may amend these Terms and Conditions at any time by providing reasonable prior notice to you. We may update these Terms and Conditions by revising this posting. You are bound by any such revisions and should therefore visit www.alloyx.com periodically to review the current Terms and Conditions.


SECURITY AND YOUR LIABILITY

If you share your Device Passcode with anyone, you are considered to have authorized that person to conduct transactions on your account using Apple Pay. This means that any Apple Pay transaction initiated by that person using your Device Passcode will be considered as authorized by you, and you will be fully responsible and liable for it. Such transactions will not qualify as unauthorized transactions under the Relevant Terms.
When registering your Card with Apple Pay, you are responsible for ensuring that:

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  • (i) the Apple Pay wallet is for your exclusive use and not shared with anyone;

  • (ii) you secure the Device Passcode in your Eligible Device with the same level of security as you would a banking password or PIN, including:

  •    a. not sharing it with anyone;

  •    b. not keeping a record of it with an Eligible Device or anything that could be stolen along with an Eligible Device (unless reasonable security measures are taken);

  •    c. not selecting an easily guessable passcode, such as your birth date or a recognizable part of your name; and

  •    d. not compromising the security of the Device Passcode;

  • (iii) you maintain the security of the Eligible Device (including locking it when not in use or unattended and installing current anti-virus software); and

  • (iv) you remove any Cards from Apple Pay or the Eligible Device before disposing of the Eligible Device.

  • You can delete or suspend your Card from Apple Pay at any time, and any supplementary cardholder can do the same with their Card. As the principal cardholder of a Credit Card, while you cannot suspend a supplementary cardholder's Credit Card in Apple Pay directly, you can suspend or close their Credit Card by calling AlloyX at 2860 0333 (24 hours a day).

  • Contact us immediately at 2860 0333 (24 hours a day) if:

  • (i) your Credit Card(s) added to Apple Pay has/have been lost or stolen;

  • (ii) your Eligible Device is lost or stolen;

  • (iii) your Eligible Device mobile service is unexpectedly disconnected without your authorization (which may indicate unauthorized use or access to your Eligible Device and/or Card(s) added to Apple Pay); or

  • (iv) you suspect a security breach of your Eligible Device or Apple Pay, or that an unauthorized person has used your Device Passcode, Card PIN, or other credentials.

 

INTELLECTUAL PROPERTY

All intellectual property rights, including patents, trade secrets, copyrights, trademarks, and moral rights (“Intellectual Property Rights”) in Apple Pay—such as text, graphics, software, photographs, images, videos, sound, trademarks, and logos—are owned by Apple, AlloyX, our licensors, or third parties.

Nothing in these Terms and Conditions grants you any rights to intellectual property owned by Apple, AlloyX, our licensors, or third parties, and you acknowledge that you do not acquire any ownership rights by adding your Card to, or using your Card with, Apple Pay.


DISCLAIMERS OF WARRANTY

Apple Pay is provided by Apple and is not warranted by AlloyX. You acknowledge and agree that your use of your Card with Apple Pay may occasionally be delayed, interrupted, or disrupted for reasons beyond our control. Neither AlloyX nor our affiliates will be liable for any claims arising from or related to the use of your Card through Apple Pay due to such delays, interruptions, disruptions, or similar failures.

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You acknowledge that AlloyX is not a party to the terms and conditions for Apple Pay between you and Apple, and we do not own or take responsibility for Apple Pay. AlloyX does not provide any warranty for Apple Pay. We are not responsible for the performance, maintenance, or support services for Apple Pay, and we are not liable for any claims, losses, liabilities, damages, costs, or expenses related to Apple Pay, including but not limited to third-party product liability claims, claims that Apple Pay does not meet legal or regulatory requirements, claims under consumer protection laws, or claims regarding intellectual property infringement. Any inquiries or complaints regarding the use of Apple Pay, including those related to intellectual property rights, should be directed to Apple.

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AlloyX does not recommend, endorse, or make any representation or warranty regarding the performance or operation of your Eligible Device. You are solely responsible for selecting an Eligible Device and for all matters related to its operation, performance, and associated costs.


LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, neither AlloyX, our processors, suppliers, or licensors (nor their respective affiliates, agents, directors, and employees) shall be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from the use of, inability to use, or unavailability of Apple Pay, including your use of your card in connection with Apple Pay.

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To the maximum extent permitted by applicable law, AlloyX, our processors, suppliers, and licensors (and their respective affiliates, agents, directors, and employees) assume no liability or responsibility for any:

  • (i) errors, mistakes, or inaccuracies of content;

  • (ii) personal injury or property damage of any nature whatsoever resulting from your access to or use of Apple Pay, including your use of your card in connection with Apple Pay;

  • (iii) any interruption or cessation of transmission to or from Apple Pay;

  • (iv) any bugs, viruses, Trojan horses, or similar threats that may be transmitted to or through Apple Pay by any third party;

  • (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through Apple Pay; and/or

  • (vi) user content or the defamatory, offensive, or illegal conduct of any third party.

 


INDEMNITY

​You agree to indemnify, defend, and hold harmless AlloyX and our employees, directors, agents, affiliates, and representatives from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including reasonable attorneys’ fees) arising from any claim, action, audit, investigation, inquiry, or other proceeding brought by any person or entity that results from or relates to:

  • (a) any actual or alleged breach of your representations, warranties, or obligations under these Terms and Conditions, including any violation of our policies;

  • (b) your wrongful or improper use of Apple Pay, including willful misconduct or fraud;

  • (c) your violation of any third-party right, including but not limited to rights of privacy, publicity, or intellectual property;

  • (d) your violation of any law, rule, or regulation of Hong Kong or any other jurisdiction;

  • (e) any access to or use of Apple Pay by another party using your Device Passcode or other security code; and

  • (f) any change in law, regulation, or official directive that affects the Card or Apple Pay. Such amounts may be debited to your Card and/or must be paid by you upon demand.


REPRESENTATION AND WARRANTY

You represent and warrant to AlloyX that:

  • (i) the name you provided during Card registration for Apple Pay is your own;

  • (ii) all Cards you add to Apple Pay are your credit Cards (or you are a supplementary cardholder of a Credit Card);

  • (iii) you and all transactions initiated by you or using any of your Cards added to Apple Pay will comply with all applicable laws, rules, and regulations, including tax laws and regulations;

  • (iv) you have the authority to authorize the receipt of notices, calls, and text messages from us at the phone number you provide;

  • (v) you will not use any of your Cards through Apple Pay for any fraudulent activity or in any way that interferes with the operation of Apple Pay;

  • (vi) you will not permit any third party to use your Card(s) through Apple Pay; and

  • (vii) your use of your Card with Apple Pay will comply with these Terms and Conditions.


REMOVAL OF YOUR CARDS FROM APPLE PAY

You must follow Apple Pay's instructions to remove your Credit Card from Apple Pay if you no longer wish to use or enroll your Credit Card through Apple Pay. Removing your Credit Card from Apple Pay will not terminate your physical Credit Card unless you specifically choose to terminate it in accordance with the Relevant Terms.


SEVERABILITY

If any provision or part of a provision of these terms is deemed invalid or unenforceable, it will be separated from these terms, and the remaining provisions (or parts of provisions) will continue in full force and effect.


THIRD PARTY RIGHTS

No person other than you and AlloyX will have any right under the Contracts (Rights of Third Parties) Ordinance (Cap 623) of the laws of Hong Kong to enforce or enjoy the benefit of any provisions of these Terms and Conditions.


GOVERNING LAW

These Terms and Conditions shall be governed by the same laws that govern your Account.

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