Octopus Automatic Add Value Agreement
 
YOUR ATTENTION IS DRAWN TO THE PERSONAL INFORMATION COLLECTION STATEMENT AT CLAUSES 33-40
 
1. This Agreement is effective from 25 June 2012 and is only applicable to selective Octopus cards or products that are enabled with Automatic Add Value Service linked to bank accounts maintained with or credit cards issued by Financial Institutions. For Automatic Add Value Service linked to bank accounts maintained with or credit cards issued by other entity(ies), please refer to other applicable agreement(s) as determined by us from time to time.
 
Introduction
2. This Automatic Add Value Agreement is a contract between you, the user of the Automatic Add Value Service (whether as an Octopus Holder or as an AAVS Account Holder), and the Card Company, Octopus Cards Limited, the issuer of the Octopus card or product (product here includes (a) a consumer item incorporating our technology such as watch, phone cover, keyring etc.; and (b) any electronic purse incorporating our technology) which the Card Company will refer to as Octopus below, in respect of the use of the Automatic Add Value Service.
3. This Agreement explains the Card Company's obligations to you and yours to the Card Company when applying for and using the Automatic Add Value Service.
 
Definitions and General Provisions
4. There are a few terms the Card Company used in this Agreement that the Card Company should explain:
"AAVS Account" means the account to which your Automatic Add Value Service is linked, as defined or specified in the relevant Application Form or such other account as notified to the Card Company by the Financial Institution or by the AAVS Account Holder from time to time;
"AAVS Account Holder" means the holder(s) of the AAVS Account;
"Application Form" means an application for the Automatic Add Value Service whether this is (i) an Octopus Automatic Add Value Service Application Form, (ii) a Personalised Octopus Application Form or (iii) any other form containing an application for this service;
"Automatic Add Value Service" means the service whereby the Card Company or its Service Providers, on the Card Company's behalf, will automatically add a certain amount of value (as determined by the Card Company from time to time) to the Octopus if the value stored in the Octopus has reached a certain minimum level as determined by the Card Company from time to time;
"Authorised Service Centre" is an entity that the Card Company has authorised to service an Octopus on the Card Company's behalf;
"Bank Issued Octopus" means a card or product with Octopus function issued by a bank or financial services company authorised by the Card Company and subject to the terms and conditions of the cardholder agreement of that issuing bank or financial services company;
"Conditions of Issue" means the Conditions of Issue of Octopus published by the Card Company as amended from time to time, which can be obtained from the Card Company or downloaded from our website at www.octopus.com.hk ;
"Deposit" means the deposit paid as security for the Octopus as described in the Conditions of Issue;
"Financial Institution" means an entity governed by the Banking Ordinance (Chapter 155, Laws of Hong Kong) or licensed under the Money Lenders Ordinance (Chapter 163, Laws of Hong Kong) that manages the AAVS Account, usually a bank, a financial services company or an issuer of credit cards;
"Octopus Holder" means a user of an Octopus who may be an AAVS Account Holder or who has linked his/her Octopus to an AAVS Account in the name of one of his/her family members or friends;
"Octopus Payment System" means the payment system maintained and operated by the Card Company;
"Card Company" means Octopus Cards Limited;
"The Card Company's Account" means any bank account specified by the Card Company to the Financial Institution from time to time;
"Service Provider" means any transport operators, retailers (including but not limited to, supermarkets, convenience stores, restaurants and fast food shops, food, other consumer goods e.g. medicines & cosmetics, books, newspapers, stationery and gifts, accessories shops, shopping malls, wearing apparel, telecommunications), entertainment/recreation/sports facilities providers, educational establishments, government related entities, building access control providers, unattended services (such as vending machines/kiosks/photo booths/telephone booths) or other parties which offer their services when you present your Octopus and are approved by the Card Company. These Service Providers should display the Octopus acceptance logo clearly; and
"Value" means the electronic value recognised by the Octopus Payment System.
5. In the event that the AAVS Account Holder and the Octopus Holder are different persons, the AAVS Account Holder and the Octopus Holder shall be jointly and severally liable to the Card Company under this Agreement, including but without limitation, in respect of all value added to the Octopus by the Automatic Add Value Service, unless the Octopus Holder is a minor or otherwise does not have full legal capacity, in which case, the parent or guardian of such Octopus Holder and the AAVS Account Holder shall be jointly and severally liable to the Card Company.
6. The Octopus Holder agrees to be bound by the Conditions of Issue and unless stated otherwise, use of defined terms in this Agreement shall have the same meaning in the Conditions of Issue. If there is any conflict between this Agreement and the Conditions of Issue, this Agreement shall prevail.
7. The Chinese translation of this Agreement is provided for reference only. In case of any discrepancy between the English version and the Chinese translation, the English version shall prevail.
 
Automatic Add Value Service
8.

The Card Company shall be entitled to charge a fee to the AAVS Account Holder and/or the Octopus Holder for application of the Automatic Add Value Services in respect of their Octopus. The fee will be determined and announced by us from time to time.
9. The Automatic Add Value Service is available to any Octopus Holder over a minimum age which the Card Company will announce from time to time. However, in exceptional cases, the Card Company reserves the right to reject any application for the Automatic Add Value Service without giving any reason.
10. The Octopus Holder must not transfer his/her Octopus to another person once the Automatic Add Value Service has been applied for and has not been cancelled in respect of that Octopus.
11. Under normal circumstances, the Card Company will make reasonable efforts to ensure that the Automatic Add Value Service is operating, but the Card Company cannot guarantee that this will always be the case as it depends on the Financial Institutions' and Service Providers' own systems and operations as well as network, electrical, climatic and other conditions or circumstances which are beyond the Card Company's control.
12. The Card Company reserves the right to cancel or suspend your Automatic Add Value Service without specifying the reasons, but the Card Company will take reasonable steps to minimise any inconvenience caused to you.
13. The Card Company shall be entitled at its sole discretion to limit the amount of value that may be added to the Octopus by the Automatic Add Value Service in any single day or during any period.
14. The Card Company shall take reasonable steps to ensure that its records of the transactions relating to the Octopus are true and accurate. The Card Company's records shall be conclusive evidence of the value added to the Octopus by means of the Automatic Add Value Service and of any amounts due from the AAVS Account Holder and the Octopus Holder to the Card Company except for any manifest error on its part.
 
Direct Debit
15. For any value added to the Octopus by means of the Automatic Add Value Service, the same amount in Hong Kong dollars shall be due from the AAVS Account Holder and the Octopus Holder to the Card Company immediately.
16. The Card Company shall be entitled to instruct the Financial Institution directly or through any financial institution appointed by the Card Company to transfer from the AAVS Account to the Card Company's Account the amount of money stated by the Card Company to be due from the AAVS Account Holder and the Octopus Holder to the Card Company at any time, and the AAVS Account Holder shall authorise the Financial Institution to comply with such instructions.
17. The Card Company shall not be liable for any fees or charges that the Financial Institution may impose on the AAVS Account Holder and the same shall be borne by the AAVS Account Holder.
18. The AAVS Account Holder and/or the Octopus Holder shall ensure that there are always sufficient funds in, or credit facilities available upon, the AAVS Account to enable the Financial Institution to comply with the instructions from us in respect of the AAVS Account.
19. The Card Company reserves the right to charge the AAVS Account Holder and/or the Octopus Holder a reasonable fee for providing the Automatic Add Value Service.
 
Dishonoured Instructions
20. If the Financial Institution fails to comply with the Card Company's instructions in relation to the AAVS Account because there are insufficient funds in, or credit facilities available upon, the AAVS Account, or for any other reason:-
(a) the AAVS Account Holder and the Octopus Holder shall on demand repay any amount due from the AAVS Account Holder and the Octopus Holder to the Card Company; and
(b) the Card Company shall be entitled to charge the AAVS Account Holder and the Octopus Holder a reasonable administration fee and to apply the remaining value in the Octopus, if any, in or towards payment of any amount of money due from the AAVS Account Holder and the Octopus Holder to the Card Company (including the administration fee).
21. If the value in the Octopus is insufficient to pay the amount of money due from the AAVS Account Holder and/or the Octopus Holder to the Card Company, the Card Company shall be entitled to, in addition to other remedies available, immediately cancel the Octopus and the Automatic Add Value Service and forfeit the Deposit, if applicable, without notice to the AAVS Account Holder or the Octopus Holder. Once cancellation of the Octopus is effected, it cannot be re-activated subsequently.
 
Cancellation of the Automatic Add Value Service
22. The AAVS Account Holder and the Octopus Holder (other than a holder of a Bank Issued Octopus who should refer to Clause 22A below) may apply for the cancellation of the Automatic Add Value Service by contacting the Card Company or the Financial Institution. If accepted, the Card Company will then instruct the AAVS Account Holder and the Octopus Holder to present their Octopus to any of the designated Authorised Service Centres for the disabling of the Automatic Add Value Service on the Octopus. The cancellation will be effective upon the Octopus being disabled at the designated Authorised Service Centre. Once cancellation of the Octopus is effected, it cannot be re-activated subsequently.
22A. If you hold a Bank Issued Octopus, subject to the terms of the cardholder agreement between you and the issuing bank or financial services company, you or the issuing bank or financial services company may request for cancellation of your Bank Issued Octopus. Once notified by the issuing bank or financial services company, the Card Company will cancel the Automatic Add Value Service on the Bank Issued Octopus.
23. The AAVS Account Holder and the Octopus Holder shall be jointly and severally liable for all amounts due to the Card Company through the use of the Automatic Add Value Service on or before the effective cancellation of such Automatic Add Value Service. The Card Company shall be entitled, before and/or after the effective cancellation of the Automatic Add Value Service of an Octopus, to instruct the Financial Institution directly or through any financial institution appointed by the Card Company to transfer from the AAVS Account to the Card Company’s Account any amount of money due to the Card Company as a result of the Automatic Add Value Service transactions carried out before the effective cancellation of such Automatic Add Value Service.
24. The Card Company reserve the right to charge the AAVS Account Holder and/or the Octopus Holder a reasonable administration fee for the cancellation of the Automatic Add Value Service.
 
Indemnity
25. The AAVS Account Holder and the Octopus Holder shall jointly and severally indemnify the Card Company against all actions, proceedings, liabilities, claims, loss, damages, and reasonable costs and expenses (including all reasonable legal expenses) which may be taken against the Card Company or which the Card Company may suffer, sustain or incur (as the case may be) howsoever arising out of or in connection with any instructions given by the Card Company to the Financial Institution in respect of the AAVS Account unless the same were caused by any manifest error on our part.
 
Risks and Liabilities
26. If, except for any manifest error on our part, the Financial Institution transfers from the AAVS Account to the Card Company’s Account an amount greater than the actual amount due from the AAVS Account Holder and/or the Octopus Holder to the Card Company, the Card Company shall not be liable for any loss or damage arising therefrom. Subject to Clause 41 below, the Card Company shall only be liable to refund the amount in excess to the AAVS Account Holder.
27. Subject to Clause 26 above, the Card Company shall not be liable for any act, conduct, omission or negligence of the Financial Institution or its employees or agents unless the same is done or omitted to be done in accordance with the specific instructions from the Card Company.
28. The Card Company shall be entitled to take such action as the Card Company thinks fit for the purpose of enforcing or exercising its rights under this Agreement, and the AAVS Account Holder and the Octopus Holder shall be liable to indemnify the Card Company in full for all reasonable costs and expenses incurred by the Card Company in respect of any such actions including all reasonable legal charges and expenses.
29. The Card Company shall be entitled to employ any persons or companies for the purpose of enforcing or exercising its rights under this Agreement and, except in the case of debt collection agencies, shall not be liable or responsible for any act, conduct, omission or negligence of such persons or companies or their employees unless the same is done or omitted to be done in accordance with the specific instructions from the Card Company.
30. The Card Company shall be entitled to assign or otherwise transfer any debts due to the Card Company from the AAVS Account Holder and/or the Octopus Holder to any persons or companies (“Assignees”), and provided that the Card Company comply with all applicable laws, regulations and codes of practice in respect of such assignment(s) in force at the time of the assignment(s), the Card Company shall not be liable for actions taken by such Assignees.
 
Lost Octopus
31. All users of the Automatic Add Value Service are provided with the lost Octopus service. If the Octopus Holder loses the Octopus or if the Octopus has been stolen, he/she shall notify the Card Company immediately except where your Octopus is a Bank Issued Octopus, you should contact the issuing bank or financial services company. The Card Company will then cancel and disable the Octopus after a specific period of time ("Notification Period") following receipt of the loss report. The Notification Period shall be determined and announced by the Card Company from time to time. Once cancellation of the Octopus is effected, it cannot be reversed. This lost Octopus service will protect the AAVS Account Holder and the Octopus Holder from the loss of the remaining value and any value added through the Automatic Add Value Service on the Octopus after the expiry of the Notification Period.
32. If the Octopus is cancelled pursuant to Clause 31 above, the Card Company will refund to the Octopus Holder the Deposit, if applicable, and the remaining value, if any, on the Octopus as recorded in the Octopus payment system. In the event that there is a negative value in your Octopus, the Card Company shall be entitled to set off such negative value against the Deposit, and debit any remaining negative value from the AAVS Account, at the end of the Notification Period. The Card Company may charge the AAVS Account Holder and/or the Octopus Holder a reasonable fee, which will be determined and announced by the Card Company from time to time, for providing this lost Octopus service. The fee will be deducted from the refund of the remaining value on the Octopus, if any, or charged to the AAVS Account Holder and/or the Octopus Holder, who shall be jointly and severally liable for the payment.
 
Cancellation of AAVS Account
32A. Upon cancellation, termination or expiration of the AAVS Account for any reason, you shall present the affected Octopus for disabling the Automatic Add Value Service on that Octopus in accordance with our instructions. If you do not do so, we shall cancel and disable all and any Octopus (whether or not the Octopus belongs to the AAVS Account Holder) linked to the AAVS Account in question. Once cancellation of the Octopus is effected, it cannot be re-activated subsequently.
 
Refund Policy on Cancelled Card
32B. Upon cancellation of your Octopus under Clauses 12, 21, 22, 22A and/or 32A, we shall be entitled to set off any amount due to us from you and refund any unused remaining value of your cancelled Octopus to you.
 
Replacement Card & Transfer of AAVS Account
32C.
(a) We may offer you a replacement Octopus with Automatic Add Value Service if your Octopus is enabled with Automatic Add Value Service and:
(i) is reported lost or stolen (as described in Clause 31 above);
(ii) malfunctions and is returned to us; or
(iii) needs to be replaced for any other reason(s) as specified by us from time to time and is returned to us.
(b) Any replacement Octopus will be linked to the same AAVS Account to which the Octopus that is being replaced is linked.
(c) The AAVS Account Holder agrees and undertakes that he/she shall be responsible and liable for any and all transactions carried out on the replacement Octopus.
 
Personal Information Collection Statement relating to you (this “Notice”) in accordance with the Personal Data (Privacy) Ordinance (the “Ordinance”)
33. The Ordinance governs the collection, holding, processing and use of your personal data and other information that the Card Company may collect from the AAVS Account Holder and/or the Octopus Holder from time to time (the “Data”). The Data shall include transactional records (meaning the transaction data which the Card Company receive from our Octopus readers and/or from other channels in respect of the use of Octopus by the AAVS Account Holder and/or Octopus Holder) to the extent that those transactional records are “personal data” under section 2(1) of the Ordinance. This Data is to enable the Card Company to provide the Automatic Add Value Service and other related services to the AAVS Account Holder and/or the Octopus Holder. Further information is set out in our Privacy Policy located at: www.octopus.com.hk and this Notice is the basis upon which the Card Company collect, hold, process and use the Data.
34. If the AAVS Account Holder and/or the Octopus Holder is unable or unwilling to provide such correct data, the Card Company may be unable to provide the AAVS Account Holder and/or the Octopus Holder with the Automatic Add Value Service.
35. Purpose: Each of the AAVS Account Holder and the Octopus Holder agrees that his / her Data may be used for the following purposes:
(a) processing the application for the Automatic Add Value Service;
(b) collecting money due from the AAVS Account Holder and/or the Octopus Holder, whether from the AAVS Account or otherwise;
(c) verifying any information and records relating to the AAVS Account Holder and/or the Octopus Holder;
(d) management, operation and maintenance of the Octopus payment system, including audit and exercising our rights and the rights of the AAVS Account Holder and/or Octopus Holder under the Conditions of Issue and this Agreement;
(e) designing new or improving existing services provided by us, our subsidiaries and our affiliates (that is, our direct holding company and its subsidiaries);
(f) communication by us to the AAVS Account Holder and/or the Octopus Holder;
(g) investigation of complaints, suspected suspicious transactions and research for service improvement;
(h) prevention or detection of crime; and
(i) disclosure as required by law, rules, regulations, codes or guidelines.
36. Transfer: Data will be kept confidential by the Card Company, but each of the AAVS Account Holder and Octopus Holder agrees that for the purpose(s) set out in Clause 35 above, the Card Company may transfer or disclose such Data to the following parties within the Hong Kong Special Administrative Region (“Hong Kong”) (except that the parties set out in Clauses 36(a) and 36(b) below may be located outside Hong Kong):
(a) issuers of Bank Issued Octopus and Financial Institutions which owe a duty of confidentiality to the Card Company and with which the AAVS Account Holder and/or Octopus Holder has selected to register;
(b) our agents or contractors under a duty of confidentiality to the Card Company who provide administrative, telecommunications, computer, payment, data processing or other services in connection with the operation of our business (such as professional advisors, call centre service providers or debt collection agencies (in the event of any money due to the Card Company by the AAVS Account Holder and/or the Octopus Holder), gift redemption centres or data entry companies);
(c) our subsidiaries and/or our affiliates which owe a duty of confidentiality to the Card Company; and
(d) any law enforcement agencies and/or regulatory bodies for compliance with applicable laws, rules, regulations, codes and/or guidelines and/or any person or entity to whom the Card Company, our subsidiaries and/or affiliates are under a binding obligation to make disclosure under the requirements of any law, rule, regulation, code and/or guideline and/or order of any competent court of law, law enforcement agencies and/or regulatory bodies, but such disclosure will only be made under proper authority.
37. Access: Each of the AAVS Account Holder and the Octopus Holder has the right to:
(a) check whether we hold Data and to have access to that Data;
(b) require us to correct any Data which is inaccurate; and
(c) ascertain our policies and practices in relation to Data and to be informed of the kind of Data held by us.
38. The Card Company reserves the right to charge the AAVS Account Holder/Octopus Holder a reasonable fee for processing any request for access to his/her personal data.
39. Any request for access to data or correction of data or for information regarding the Card Company's policies and practices and kinds of data held by the Card Company should be made in writing addressed to:
The Data Protection Officer,
Octopus Cards Limited,
PO Box 38170,
Hing Fat Street Post Office,
Hong Kong
If you do not want to receive marketing materials from the Card Company in the future, you may write to the Card Company at the above address or call Octopus Customer Hotline on 2266 2222.
40. Nothing in this Notice shall limit the rights of the AAVS Account Holder and/or Octopus Holder under the Ordinance.
 
Deductions by Mistake
41. Each of the AAVS Account Holder and the Octopus Holder must ensure that the AAVS Account Holder shall:-
(a) keep himself/herself promptly informed of all transactions relating to the AAVS Account, which will involve examining each statement issued by the Financial Institution in respect of the AAVS Account or, if the Financial Institution does not issue statements in respect of the AAVS Account, updating and examining the passbook for the AAVS Account regularly, unless he/she has some other effective means of monitoring transactions on such account; and
(b) notify the Card Company within 12 months of the day of any debit from the AAVS Account to the Card Company's Account if he/she claims that the Card Company was not entitled to debit the relevant amount from the AAVS Account. After such period, neither the AAVS Account Holder nor the Octopus Holder shall make any claim that the Card Company was not entitled to debit the relevant amount from the AAVS Account unless:-
(i) the Card Company failed to exercise reasonable skill and care in respect of any such debit; or
(ii) any such debit arose from any manifest error on the Card Company's part.
 
Termination
42. This Agreement shall terminate when the Automatic Add Value Service is cancelled in accordance with Clauses 12, 21, 22 or 22A above, but such termination shall not affect the rights and obligations of the parties accrued prior to the termination.
 
Changes to this Agreement
43. The Card Company may amend this Agreement from time to time. The Card Company shall notify the AAVS Account Holder and the Octopus Holder by giving them written notice of the change(s) or, as the Card Company shall at our absolute discretion determine, by publishing a notice of the change(s) in one Chinese and one English language newspaper in Hong Kong, at least 30 days before such amendments are to take effect. The Card Company shall provide the AAVS Account Holder and/or the Octopus Holder with a copy of the latest version of this Agreement upon written request. The latest version of this Agreement will also be available on our website at www.octopus.com.hk. If the Octopus Holder uses the Octopus after any amendment to this Agreement shall have taken effect, that amendment shall be deemed to have been accepted by the AAVS Account Holder and the Octopus Holder.
 
Governing Law
44. This Octopus Automatic Add Value Agreement shall be governed by the laws of Hong Kong.