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Important Notes to Customers

Octopus on iPhone or Apple Watch (including Bank Co-Brand Smart Octopus) is designated as a “Smart Octopus” and is issued subject to the “Conditions of Issue of Octopus”.

Notes to customers who transfer your physical Octopus to Octopus on iPhone or Apple Watch (except Bank Co-Brand Smart Octopus):

Card Transfer enables you to transfer refundable deposit, remaining value and most of the services/offers on your physical Octopus to Octopus on iPhone or Apple Watch. Please note the following before proceeding.

- Adult / Elder / Personalised Octopus (On-Loan version only) can be transferred to Octopus on iPhone or Apple Watch. However, some Personalised Octopus which cannot be transferred to Octopus on iPhone or Apple Watch include but not limited to the following:

  (i) Personalised Octopus for customers aged below 12

  (ii) Personalised Octopus with Persons with Disabilities Status

  (iii) Personalised Octopus with Student Status

  (iv) Staff Personalised Octopus

  (v) Personalised Octopus with Lo Wu / Lok Ma Chau / Disneyland Monthly Pass

- Card Transfer is non-reversible and your physical Octopus will be cancelled.

- Services/offers listed below will not be transferred to your Octopus on iPhone or Apple Watch. You are not recommended to proceed with Card Transfer if your Octopus possesses these service(s)/offer(s) :

  × Hourly / Monthly Parking Management

  × MTR Park & Ride Scheme

- Services/offers can be transferred to your Octopus on iPhone or Apple Watch:

  √ The latest 9 spending records in the past 30 days

  √ Automatic Add Value Service

  √ Public Transport Fare Subsidy Scheme#

  √ Campus Management System

  √ Residential Building/Commercial Building/Campus Access Control System*

  √ Residential Building/Commercial Building/Campus Shuttle Services*

  √ KMB Monthly Pass

  √ Sun Ferry Monthly Ticket / Holiday Return Ticket

  √ New World First Bus / Citybus Fare Concessions

  √ Concession Fares and Services of MTR, such as:

    √ Light Rail Personalised Octopus Frequent User Bonus Scheme

    √ MTR Monthly Pass Extra

    √ MTR "10% Same-Day Second Trip Discount" (if applicable)

    √ MTR Fare Savers Discount

    √ MTR Points and collected MTR Free Ride under MTR Mobile Account**

Card Transfer requires a stable network environment and takes around 2 minutes to complete.

 

#The record of public transport expenses and uncollected subsidy of the physical Octopus will be transferred to the new Octopus on iPhone or Apple Watch. After successful transfer, you can collect the relevant subsidy with the new Octopus on iPhone or Apple Watch from the 16th of the following month.

*Please use the function(s) with your Octopus on iPhone or Apple Watch immediately after the transfer, to ensure this function has transferred successfully. Please contact the relevant management office / service provider if the function does not work after transfer.

**It usually takes 3 days to update the Octopus link up record of MTR Mobile Account. Please contact "MTR Points" Service Hotline for details.

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Conditions of Issue of Octopus

YOUR ATTENTION IS DRAWN TO CONDITION 13 AND THE PERSONAL INFORMATION COLLECTION STATEMENT IN CONDITION 16

1. Conditions of Issue

These Conditions of Issue of Octopus (these "Conditions of Issue") are effective from 27 September 2021 for all customers.

2. Introduction

2.1 These Conditions of Issue are a contract between you, our customer, and us, Octopus Cards Limited, the issuer of Octopus, in respect of the use of your Octopus, and the issuer of the stored value facility under the Octopus Wallet Service. By using Octopus and/or Octopus Wallet Service, you agree to be bound by these Conditions of Issue.

2.2 These Conditions of Issue explain our obligations to you and yours to us. While they apply to all our main services, they may be complemented or changed by particular terms and conditions for certain services which you may use.

2.3 There are a few terms we use in these Conditions of Issue which we should explain:

(a) "Authorised Add Value Service Provider" is a Service Provider, bank or financial services company that we have authorised to offer the service of adding value to your Octopus in return for cash or other consideration;

(b) "Authorised Distributor" is an entity that we have authorised to make available an Octopus to you;

(c) "Authorised Mobile Payment App" means the mobile applications operated by Authorised Mobile Payment Service Provider(s) to provide services in respect of your Smart Octopus;

(d) "Authorised Mobile Payment Service Provider" is a mobile payment service provider that we have authorised to offer Smart Octopus;

(e) "Authorised Partner" is a bank or financial services company or a FPS Participant or a corporate entity that we have authorised to offer their services in respect of your Octopus Wallet;

(f) "Authorised Service Centre" is an entity that we have authorised to service an Octopus on our behalf;

(g) "Card Funds" means the SVF Deposits and Float from time to time;

(h) "Card Association" is a payment association that licenses card programmes to banks or financial services companies or corporate entities under its specific brand(s) or scheme;

(i) "Card Association Merchant" means designated merchant that accepts payment products or services licensed by the relevant Card Association for the goods and services offered by such designated merchants;

(j) "ClientFunds Company" shall mean Octopus Cards Client Funds Limited, whose Articles of Association provide that its function is to hold and deal with Card Funds in accordance with these Conditions of Issue and PSSVFO;

(k) "Converted Octopus" means selective Octopus that can be converted into a Smart Octopus and once converted, cannot be re-activated. Upon conversion, the SVF Deposit, if applicable, and the Float, if any, stored on such Octopus shall be added to the SVF Deposit and the Float, if any, of your Smart Octopus;

(l) "Faster Payment System" or "FPS" means the financial infrastructure launched by the Hong Kong Monetary Authority and operated by Hong Kong Interbank Clearing Limited to facilitate payment services and other related services amongst FPS Participants;

(m) "FPS User Account Holder" means the holder of the FPS User Account;

(n) "FPS User Account" means a registered account maintained with a FPS Participant by a FPS User Account Holder;

(o) "FPS Participant" means a participant of FPS which may be a bank or financial services company or a licensee of the stored value facility licence granted under PSSVFO or a corporate entity as approved by Hong Kong Interbank Clearing Limited;

(p) "Float" shall mean the stored value remaining (1) on an Octopus, excluding SVF Deposit, and (2) in your Octopus Wallet;

(q) "Friend" means another Octopus Wallet Holder who has established a linkage between his/her Octopus Wallet and your Octopus Wallet for the purpose of performing P2P Payment;

(r) "Hong Kong" means the Hong Kong Special Administrative Region of the People’s Republic of China;

(s) "Mobile Network Operator" is a company that provides mobile telecommunication services in Hong Kong that we have authorised to offer Octopus;

(t) "Mobile Device" means any eligible mobile or wearable technology device or any other device as we may announce from time to time;

(u) "Octopus" means device- and non-device-based stored value facility cards and products provided by us, including without limitation:

  (i) On-Loan Octopus;

  (ii) Sold Octopus;

  (iii) our stored value facility in Bank Co-Brand Octopus (see Condition 3.1(b)), Octopus Mobile SIM (see Condition 3.1(d)), Cross Border Octopus (see Condition 3.1(c)), Smart Octopus (see Condition 3.1(e)) and other consumer items such as watches, phone covers and keyrings;

(v) "Octopus Mobile App" means mobile applications developed and operated by us for Octopus services and/or the Octopus Wallet Service;

(w) "Octopus Wallet" means a network-based stored value account applied for by an Octopus Wallet Holder with and approved by us in respect of the Octopus Wallet Service (see Condition 8A.1);

(x) "Octopus Wallet Holder" means a holder of the Octopus Wallet;

(y) "Octopus Wallet Payment Card" shall have the meaning ascribed to it in Condition 8A.1;

(z) "Octopus Wallet Service" shall have the meaning ascribed to it in Condition 8A.1;

(aa) "P2P Payment" means person-to-person payment from one Octopus Wallet to another Octopus Wallet (including his/her Friend’s Octopus Wallet);

(bb) "PSSVFO" shall have the meaning ascribed to it in Condition 2A.1;

(cc) "Registered Octopus" means selective Octopus that can be registered for the purpose of making fund transfer with your Octopus Wallet;

(dd) "Schedule of Fees and Guidelines" means the "Schedule of Fees and Guidelines relating to the use of Octopus" published by us, Octopus Cards Limited, as amended from time to time, the latest version can be obtained from our website at www.octopus.com.hk;

(ee) "Service Provider" means any transport operators, retailers (including without limitation supermarkets, convenience stores, restaurants and fast food shops, food, other consumer goods e.g. medicines and 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), online and/or mobile payment platform providers, online and/or mobile payment service providers or other parties which offer their services when you present your Octopus and are approved by us. These Service Providers should display the Octopus acceptance logo clearly;

(ff) "SVF Deposit" shall have the meaning ascribed to it in Condition 5.1; and

(gg) "Third Party Operator" is an entity, whether in Hong Kong or elsewhere, with which we have entered into a formal business relationship to provide you with Cross Border Octopus, and some other functionalities, if any. Third Party Operators do not include any bank or financial services company with whom we offer the Bank Co-Brand Octopus, or any Mobile Network Operator with whom we offer the Octopus Mobile SIM or any Authorised Mobile Payment Service Provider with whom we offer the Smart Octopus.

2A. Float and SVF Deposit of a Stored Value Facility

2A.1The Octopus and Octopus Wallets are stored value facilities under the Payment Systems and Stored Value Facilities Ordinance ("PSSVFO").

2A.2 As the licensee of the stored value facility licence granted under PSSVFO, we, Octopus Cards Limited, are responsible for the adequate protection of Card Funds in accordance with PSSVFO.

2A.3 The Float and the SVF Deposits, if applicable, do not accrue interest or profits. Any interest accrued and other returns generated on Card Funds, if any, shall belong to us.

2A.4 In compliance with PSSVFO, upon receiving SVF Deposits (if applicable) and payments representing the value you intend to add to your Octopus (in accordance with Condition 6.1) or your Octopus Wallet (in accordance with Condition 6.1), as the case may be, we shall deposit all such payments directly into and shall maintain Card Funds respectively relating to Octopus and Octopus Wallets to and in separate designated bank accounts ("Designated Bank Accounts") which are specifically opened under our name with reputable licensed bank(s) and financial services company(ies) in Hong Kong and which are designated for solely holding Card Funds relating to Octopus and Octopus Wallets respectively. We hold the Card Funds deposited in the Designated Bank Accounts as a bare trustee for Client Funds Company absolutely.

2A.5 We shall further maintain Card Funds respectively relating to Octopus and Octopus Wallets held by us in the relevant Designated Bank Accounts.

2A.6 Subject to Condition 2A.8, we will administer the Card Funds on behalf of Client Funds Company in accordance with these Conditions of Issue and are authorised to deposit and withdraw money into and out of the Designated Bank Accounts in accordance with these Conditions of Issue.

2A.7 In particular, we shall deduct from Card Funds:

(a) such sums as are required to meet payments and other transactions made by holders of Octopus and Octopus Wallet Holders, including without limitation payments under Condition 3.3;

(b) any refunds or other payments made or due in accordance with these Conditions of Issue;

(c) any interest accrued or other returns generated on Card Funds;

(d) the fees or other costs or amounts which we are allowed to charge or deduct in accordance with these Conditions of Issues; and

(e) any Card Funds forfeited in accordance with Condition 15A.2.

For the avoidance of doubt, we shall be entitled to the amounts specified in Conditions 2A.7(c), (d) and (e) and are authorised to deduct or call for payment of such amounts on such dates as we shall reasonably decide.

2A.8  We shall administer the Card Funds for the purpose of ensuring that there will always be sufficient funds for redemption by you.

2A.9 We will take all reasonable organisational measures to minimise risks of loss or diminution of Card Funds through theft, fraud, misuse, misappropriation, negligence or poor administration.

2A.10 We shall ensure that the bank(s) and financial services company(ies) with which we maintain the Designated Bank Accounts shall have no rights (including without limitation any right of setoff) over Card Funds.

3. General

3.1 (a) We offer two types of Octopus:

  (i) "On-Loan Octopus" is an Octopus which we lend to you and which we will require you to pay a SVF Deposit. Subject to Condition 12.2, you may return your On-Loan Octopus for a refund; and

  (ii) "Sold Octopus" is an Octopus which you can buy from our Authorised Distributors or receive from a third party under Condition 4.1(e). You are not required to pay a SVF Deposit for buying a Sold Octopus but you may not return the Sold Octopus except in the case of malfunction of the Octopus as described in Condition 11 or cancellation as described in Condition 12.3.

(b) A bank or financial services company authorised by us may offer you a "Bank Co-Brand Octopus". This is a card or product issued by that bank or financial services company with banking and/or payment functionality offered by that bank or financial services company incorporating our stored value facility which can be used for making payments via Octopus payment system. Each Bank Co-Brand Octopus may have separate additional terms and conditions which you should read carefully, and you should confirm that you agree to those additional terms and conditions before use. We do not accept any liability resulting from the terms and conditions issued by the bank or financial services company concerned. A Bank Co-Brand Octopus may be offered with or without any of our additional services (for example, Personalised Octopus service (Condition 14), Automatic Add Value Service (Condition 8), lost Octopus service (Condition 15)). We will, through the issuing bank or financial services company, inform you whether any of these services will be offered on your Bank Co-Brand Octopus. In case you want to return the Bank Co-Brand Octopus, you should return it to the issuing bank or financial services company and not to us, our Authorised Distributor or Authorised Service Centre.

(c) We, together with any Third Party Operator(s), may offer you a co-brand or co-named cross-border card or product ("Cross Border Octopus"), which consists of two or more electronic purses, one of which has our stored value facility which can be used for making payments via Octopus payment system, and the other electronic purse(s) provided and managed by such Third Party Operator(s). Separate additional terms and conditions from the Third Party Operator(s) may apply to the respective electronic purse(s). You should agree to those additional terms and conditions before use. We do not accept any responsibility or liability in relation to or resulting from the terms and conditions issued by the Third Party Operator(s) concerned. We will inform you if your Cross Border Octopus consists of a Sold Octopus (as defined in Condition 3.1(a)(ii)), and whether any of our services (for example, Personalised Octopus service (Condition 14), Automatic Add Value Service (Condition 8), lost Octopus service (Condition 15)) will be offered on your Cross Border Octopus.

(d) A Mobile Network Operator authorised by us may offer you an "Octopus Mobile SIM". This is a SIM card or product issued by that Mobile Network Operator with mobile telecommunication functionality offered by that Mobile Network Operator incorporating our stored value facility which can be used for making payments via Octopus payment system.  Each Octopus Mobile SIM may have separate additional terms and conditions which you should read carefully, and you should agree to those additional terms and conditions before use. We do not accept any responsibility or liability in relation to or resulting from the terms and conditions issued by the Mobile Network Operator concerned. An Octopus Mobile SIM may be offered with or without any of our services (for example, Personalised Octopus service (Condition 14), Automatic Add Value Service (Condition 8), lost Octopus service (Condition 15)). We will, through the Mobile Network Operator, inform you whether any of these services will be offered on your Octopus Mobile SIM.

(e) We, together with any Authorised Mobile Payment Service Provider, may offer you a "Smart Octopus" issued:

  (i) directly through the Authorised Mobile Payment App on Mobile Device(s) or through other channels as we may announce from time to time; or

  (ii) directly through the Authorised Mobile Payment App on Mobile Device(s) and co-brand or co-named with a bank or financial services company (“Bank Co-Brand Smart Octopus”); or

  (iii) by way of converting a Converted Octopus through the Authorised Mobile Payment App on Mobile Device(s) or through other channels as we may announce from time to time;

which can be used for making payments via Octopus payment system. We will require you to pay a SVF Deposit and an issuance fee ("Smart Octopus Issuance Fee")for issuing a Smart Octopus (except for Bank Co-Brand Smart Octopus). Separate terms and conditions from the Authorised Mobile Payment Service Provider(s) and/or bank(s) or financial services company(ies) may apply which you should read carefully, and you should agree to those additional terms and conditions before use. We do not accept any responsibility or liability in relation to or resulting from the terms and conditions issued by the Authorised Mobile Payment Service Provider and a bank or financial services company concerned, as the case may be. A Smart Octopus may be offered with or without any of our services (for example, Personalised Octopus service (Condition 14), Automatic Add Value Service (Condition 8), lost Octopus service (Condition 15)). We will, through the Authorised Mobile Payment Service Provider, inform you whether any of these services will be offered on your Smart Octopus.  

3.2 We operate the Octopus payment system and the Octopus Wallet Service and will ensure that the system and the service are operated with reasonable care, skill and diligence. If you discover any discrepancies in the usage of your Octopus or Octopus Wallet, as the case may be, you should contact us (see Condition 23) as soon as possible.

3.3 The funds paid by you for adding value to the Float on your Octopus, whether received by us directly or our Authorised Add Value Service Provider, will be credited to your Octopus and made available for your use in a timely manner according to these Conditions of Issue. The Octopus payment system provides you, if you are a holder of a valid Octopus (see Condition 4.4), with the ability to pay for certain goods and services using the Float where you see the Octopus acceptance logo at one of our Service Providers. The funds paid by you for adding value to the Float in your Octopus Wallet, whether received by us directly or our Authorised Partner, and the funds received by you through P2P Payment or fund transfer from Registered Octopus will be credited to your Octopus Wallet and made available for your use of the Octopus Wallet Service in a timely manner according to these Conditions of Issue. The Octopus Wallet Service provides you, if you are a genuine Octopus Wallet Holder, with the ability to pay for certain goods and services using the Float where you see the acceptance logo of the Octopus Wallet Service at one of our Authorised Partners.

3.4 Some of the Service Providers may provide you with a service, such as entry to premises, and may not make use of the payment functions of your Octopus.

3.5 A Service Provider or an Authorised Partner can be identified by their clear display of the Octopus or Octopus Wallet Service acceptance logo, whether online, at physical locations or otherwise. Please contact the Service Provider, the Authorised Partner or us if the Service Provider or the Authorised Partner does not accept your Octopus as payment for their goods/services or your use of the Octopus Wallet Service, as the case may be.

3.6 The Service Providers, the Authorised Partners and the Card Association Merchants, as the case may be, are responsible for all aspects of the goods and/or services they provide to you. In using their services and/or facilities you should abide by their rules, regulations and by-laws. We have no responsibility for the goods and/or services provided by the Service Providers and/or the Authorised Partners and/or the Card Association Merchants and you should direct any enquiries relating to these matters to the relevant Service Provider or the Authorised Partner or the Card Association Merchant, as the case may be.

3.7 Under normal circumstances, we will make reasonable efforts to ensure that the Octopus payment system is operating, but we cannot guarantee that a Service Provider will be able to accept an Octopus payment as this depends on the Service Provider’s own systems and operations as well as network, electrical, climatic and other conditions or circumstances which are beyond our control. Under normal circumstances, we will make reasonable efforts to make available the Octopus Wallet Service, but we make no representations, endorsements or warranties as to the reliability, availability, title, suitability or any kind whatsoever. Further, we cannot guarantee that an Authorised Partner or a Card Association Merchant will be able to provide designated services in respect of your Octopus Wallet or your Octopus Wallet Payment Card, as the case may be, as this depends on the Authorised Partner’s or the Card Association Merchant’s own system and operation as well as network, electrical, climatic and other conditions or circumstances which are beyond our control. Subject to Condition 10.4, we shall not be responsible for any loss or damage whatsoever incurred directly or indirectly by you as a result of or in connection with your use of Octopus service and/or Octopus Wallet Service.

3.8 We will charge a reasonable fee for any of the Octopus service, the Octopus Wallet Service and other services we provide to you. Any such fees will be published in the Schedule of Fees and Guidelines.

4. Obtaining and Using your Octopus; Applying and Using your Octopus Wallet Service

4.1 To use our service relating to Octopus, you will need to obtain a valid Octopus from:

(a) one of our Authorised Distributors which will ask you to either buy a Sold Octopus or pay a SVF Deposit for the On-Loan Octopus (see Condition 5.1);

(b) a bank or financial services company authorised by us to issue you with a Bank Co-Brand Octopus;

(c) a Third Party Operator, which may choose to provide you with a Cross Border Octopus;

(d) a Mobile Network Operator which offers you with an Octopus Mobile SIM;

(e) any other third party authorised by us to provide you with a Sold Octopus. In this case, we will treat you as the owner of that Octopus as if you have bought that Sold Octopus;

(f) an existing holder of a valid Octopus, whether that Octopus has been bought by the existing holder or lent by us to the existing holder. In this case, we will treat you, the current holder of such Octopus, as the new holder and our customer for the purpose of these Conditions of Issue. By using the Octopus, you agree to be bound by these Conditions of Issue. However, the existing holder should not transfer the Octopus to you if the Octopus has been Personalised (see Condition 14) or has a service the terms of which do not allow transfer (such as the Automatic Add Value Service (see Condition 8)); or

(g) an Authorised Mobile Payment Service Provider which offers you with a Smart Octopus (including Bank Co-Brand Smart Octopus).

4.2 We do not own any:

(a) Sold Octopus (as described in Conditions 4.1(a), 4.1(e) or 4.1(f));

(b) Bank Co-Brand Octopus (as described in Condition 4.1(b));

(c) Cross Border Octopus (as described in Condition 4.1(c));

(d) Octopus Mobile SIM (as described in Condition 4.1(d)); and

(e) Smart Octopus (as described in Condition 4.1(g));

but we will retain the right to manage the software and data loaded on the Octopus therein.

4.3 All On-Loan Octopus will remain our property and we retain the right to recover from you the On-Loan Octopus, as well as managing the software and data loaded on your On-Loan Octopus, at our sole discretion.

4.4 A "valid Octopus" means a genuine Octopus:

(a) which is of a specific fare category for which you are eligible in accordance with the conditions of issue, rules, regulations and/or by-laws of a particular Service Provider (e.g., child, elder or student status);

(b) which has not been damaged or tampered with; and

(c) which you have lawfully obtained.

4.5 If there is a positive Float in your Octopus, but the Float is insufficient for an intended transaction, your Octopus may still be used for such transaction, provided that the resulting negative value (i.e. the convenience limit) in your Octopus does not exceed a maximum amount as determined and announced by us from time to time. The negative value feature on any Octopus is provided at our option and sole discretion which we will notify you from time to time.

4.6 To use the Octopus Wallet Service, you will need to register for an Octopus Wallet (see Condition 8A).

4.7 If you suspect that your Octopus or your Octopus Wallet has been used for unauthorised transactions, please immediately contact us (see Condition 23). We may require that you provide information (including personal data) to support your claim of unauthorised transactions within a reasonable time. Upon confirmation that you have complied with Condition 9.1 and that there are unauthorised transactions in connection with your Octopus or your Octopus Wallet, as the case may be, we will refund you the amount involved in such unauthorised transactions. We will charge a reasonable fee ("Unauthorised Use Claim Fee") for providing this service. Our decision on the investigation is final.

4.8 To protect your interest, we will perform user authentication procedure before effecting a high-risk transaction ("High-risk Transaction") of your Octopus and/or your Octopus Wallet. A High-risk Transaction means a transaction which exceeds the per-transaction limit or aggregate total limit as announced by us from time to time.

5. Paying a SVF Deposit when we lend you an Octopus or when we issue a Smart Octopus to you

5.1 If we issue an On-Loan Octopus to you, the Authorised Distributor will collect a deposit which shall be placed with us for enabling the Octopus to be used ("SVFDeposit") from you on our behalf, which we will hold as security for your Octopus.

5.2 If we issue a Smart Octopus (except Bank Co-Brand Smart Octopus) to you, we will collect the SVF Deposit from you, which we will hold as security for your Octopus.

5.3 The amount of the SVF Deposit we collect from you in respect of an On-Loan Octopus or a Smart Octopus (except Bank Co-Brand Smart Octopus) shall be of such reasonable amount as determined and announced by us from time to time to cover the cost of such Octopus, the costs we incur in issuing you the Octopus, the costs of maintaining the Octopus payment system for your use and for providing a negative value feature (if applicable).

6. Adding Value to your Octopus and your Octopus Wallet

6.1 In order to be able to make payments using the Octopus payment system, you will need to add value to your Octopus by presenting cash or other accepted payment to an Authorised Add Value Service Provider or in the case of your Smart Octopus, by presenting accepted payment through the Authorised Mobile Payment App or if applicable, by way of the Octopus Automatic Add Value Service (see Condition 8) or by such other means as determined and announced by us from time to time. In order to be able to use the Octopus Wallet Service, you may need to add value to your Octopus Wallet by presenting cash or other accepted payment to an Authorised Partner or by such other means as determined and announced by us from time to time. We will charge you a reasonable fee for the provision of the add value services ("Add Value Service Fee"). Authorised Add Value Service Providers and Authorised Partners will only offer to add value to your Octopus and your Octopus Wallet, as the case may be, above a minimum amount, in multiples of an amount and/or any amount which will be determined and announced by us from time to time.

6.2 A genuine Authorised Add Value Service Provider or Authorised Partner will not offer you a discount to add value to your Octopus or your Octopus Wallet, as the case may be, unless as part of an official promotion authorised by us. You should not attempt to add value if you have any suspicion that the Authorised Add Value Service Provider or the Authorised Partner may not be genuine. We will not honour value that is added to your Octopus or your Octopus Wallet by an unauthorised add value service provider or unauthorised partner or through unlawful means.

7. Maximum Amount of Stored Value

Your Octopus and your Octopus Wallet can store up to a maximum amount ("Stored Value Limit") which we may notify you from time to time.

8. Octopus Automatic Add Value Service

We, in association with a number of participating banks and financial services companies, may offer an automatic add value service ("Automatic Add Value Service") for selective Octopus. You may separately apply for Automatic Add Value Service through one of these banks or financial services companies. In addition, Automatic Add Value Service may be offered for your Bank Co-Brand Octopus. Each Automatic Add Value Service may have separate, additional terms and conditions which you should read carefully, and you should confirm that you agree to these additional terms and conditions before using this service. We do not accept any liability resulting from the terms and conditions issued by the bank or financial services company concerned.

8A. Octopus Wallet Service

8A.1 We offer a network-based stored value service ("Octopus Wallet Service") which shall be subject to certain account and transaction limitations as we may notify you from time to time. We may also offer the Octopus Wallet Service in association with Authorised Partners, which you may separately apply for through one of such Authorised Partners. Octopus Wallet Service offered by us in association with Authorised Partners may have separate, additional terms and conditions which you should read carefully, and you should confirm that you agree to those additional terms and conditions before use. We do not accept any liability resulting from the terms and conditions issued by any such Authorised Partners. We, under the specific brand of the relevant Card Association, may issue you a branded network-based card or product ("Octopus Wallet Payment Card") for the Octopus Wallet Service. Each Octopus Wallet Payment Card may have separate, additional terms and conditions which you should read carefully, and you should confirm that you agree to those additional terms and conditions before use. We do not accept any liability resulting from the terms and conditions issued by the Card Association concerned.

8A.2 To use the Octopus Wallet Service, you will need to register for an Octopus Wallet as an Octopus Wallet Holder through such channels and on such requirements as we may announce from time to time. As an Octopus Wallet Holder, you warrant that (a) you have attained the minimum age requirement as we may announce from time to time, (b) you are a holder of valid identification document(s) as we may announce from time to time, (c) any information you provide, including your personal particulars, is accurate, complete and up-to-date, and (d) you shall promptly update the information (including personal particulars) to ensure that any information provided to us is accurate, complete and up-to-date. We will charge you a reasonable fee for the provision of the Octopus Wallet ("Octopus Wallet Fee"). As an Octopus Wallet Holder, you may register for an Octopus Wallet Payment Card with and to be linked to your Octopus Wallet through such channels and on such requirements as we may announce from time to time. If you have been issued with an Octopus Wallet Payment Card, you should contact us or such other channel(s) as we may announce from time to time when you seek to apply for a replacement Octopus Wallet Payment Card. We will charge you a reasonable fee for the provision of a replacement Octopus Wallet Payment Card ("Octopus Wallet Payment Card Replacement Fee"). You may apply for cancellation of your Octopus Wallet at any time through such channels and in such manner as we may announce from time to time. Upon cancellation of your Octopus Wallet, your Octopus Wallet Payment Card registered with and linked to your Octopus Wallet will be deactivated which cannot be re-activated subsequently.

8A.3 You understand that once you become an Octopus Wallet Holder, your status (including your masked name or display name) showing you as an Octopus Wallet Holder ("Status") may, at your option, be hosted, shared and viewable by other Octopus Wallet Holders (including Friends) through the Octopus Mobile App who have your mobile number registered under your Octopus Wallet on their Mobile Devices. You further understand that any message, photo and/or other information (e.g., your Status) ("Content") is the property of the person from whom such Content is originated. By using the Octopus Wallet Service, you shall be solely responsible for the upload, posting, dispatch, transmission, sharing or otherwise making available of the Content, whether in whole or in part, through your Octopus Wallet and the consequence of uploading, posting, dispatch, transmission, sharing or otherwise making available of the Content. We are not responsible for the confidentiality of the Content or any part thereof. By submitting the Content under the Octopus Wallet Service, you grant us an irrevocable, non-exclusive, perpetual, worldwide, royalty free, transferrable licence to use, reproduce, distribute and make available the Content under the Octopus Wallet Service in any and all media and manner, and you warrant that you have the authority to grant the foregoing licence. You also grant each of the Octopus Wallet Holders access to your Status under the Octopus Wallet Service and each Friend access to the Content under the Octopus Wallet Service. In the event we, in our sole and absolute discretion, are of the view that any Content is found to be or is likely to be:

(a) infringing intellectual property or rights of any third party;

(b) unlawful, obscene, defamatory, offensive or threatening;

(c) containing hostile, discriminating, disturbing message; or

(d) inappropriate or insulting to any Octopus Wallet Holders, users of the Octopus Wallet Service or any third party;

in addition to other rights and remedies available, we shall be entitled to terminate your Octopus Wallet immediately without notice. Upon termination of your Octopus Wallet, your Octopus Wallet cannot be re-activated subsequently.

8A.4 We shall only disclose the Content to satisfy a search warrant or an order by a competent court of law or a relevant regulatory body that we are required to comply with.

8A.5 You can perform P2P Payment with any Octopus Wallet Holder(s) (including your Friend(s)) through the Octopus Mobile App on Mobile Device(s) or through other channels as we may announce from time to time. Each P2P Payment shall be subject to certain limitations, including without limitation Stored Value Limit, daily transaction limit and annual transaction limit, which we may notify you from time to time. We will charge you a reasonable fee for P2P Payment ("P2P Payment Fee").

8A.6 You can transfer fund between your Octopus Wallet and Registered Octopus (or in respect of such type of Octopus Wallet as specified by us, you can transfer fund from such Octopus Wallet to Octopus (including Registered Octopus)) through the Octopus Mobile App on Mobile Device(s) or through other channels as we may announce from time to time. You can add value to your Octopus Wallet (see Condition 6) through the Octopus Mobile App on Mobile Device(s) or through other channels as we may announce from time to time. Fund transfer between your Octopus Wallet and Registered Octopus (including, in respect of such type of Octopus Wallet as specified by us, fund transfer from your Octopus Wallet to Octopus) and/or provision of add value service to your Octopus Wallet shall be subject to certain limitations, including without limitation Stored Value Limit, daily transaction limit, annual transaction limit, monthly fund transfer limit from Registered Octopus and monthly fund transfer limit from Smart Octopus as Registered Octopus, which we may notify you from time to time.

8A.7 You can use the Float in your Octopus Wallet to make payment for goods and services offered by our Authorised Partners through the Octopus Mobile App on Mobile Device(s) or through other channels as we may announce from time to time, which shall be subject to certain limitations, including without limitation daily transaction limit, which we may notify you from time to time. If you have been issued with an Octopus Wallet Payment Card, you can use the Float in your Octopus Wallet to make payment with your Octopus Wallet Payment Card for goods and services offered by Card Association Merchants, whether online, at physical locations or otherwise, or through other channels as we may announce from time to time, which shall, in addition to such limitations applicable to Octopus Wallet, be subject to certain limitations, including without limitation, annual spending limit, which we may notify you from time to time. We will charge you a reasonable fee for making payment with Octopus Wallet Payment Card, including without limitation, transaction fee for payment transaction in currencies other than Hong Kong dollar ("Foreign Currency Transaction Fee"), and transaction fee for cross border payment transaction in Hong Kong dollar ("Transaction Fee for Cross Border Transaction (in Hong Kong dollar)"), which we may notify you from time to time.

8A.8 You can transfer fund from your Octopus Wallet to:

(a) your registered bank account maintained with a bank or financial services company; or

(b) FPS User Account(s); or

(c) registered account(s) with a corporate entity as authorised by us;

through the Octopus Mobile App on Mobile Device(s) or through other channels as we may announce from time to time. Fund transfer from your Octopus Wallet to your registered bank account, FPS User Account(s) and/or registered account(s) with a corporate entity as authorised by us shall be subject to certain limitations, including without limitation daily transaction limit, which we may notify from time to time. We will charge you a reasonable fee for fund transfer from your Octopus Wallet to your registered bank account, FPS User Account(s) and/or registered account(s) with a corporate entity authorised by us ("Fund Transfer Fee").

8A.9 In addition to Condition 8A.3, we may, at any time and without incurring any liability whatsoever, immediately suspend or terminate your Octopus Wallet at our sole and absolute discretion if:

(a) you have violated or you are about to violate any applicable laws or regulations;

(b) you have committed or you are about to commit a breach of any of these Conditions of Issue;

(c) we are of the opinion that the integrity or security of the Octopus Wallet Service will be jeopardised or compromised by use of your Octopus Wallet; or

(d) this is to comply with an order by a competent court of law, or a governmental or regulatory body, or a stock exchange.

In the event of suspension, we will lift such suspension after we are satisfied that none of the above events occurs or will occur and that the integrity and security of the Octopus Wallet Service will not be jeopardised or compromised by your use of the Octopus Wallet Service. Subject to Condition 15A, in the event of termination, we shall, after deducting any amounts including fees outstanding for the Octopus Wallet Service, arrange for refund of the Float, if any, in your Octopus Wallet as recorded in our system. Upon termination of your Octopus Wallet, your Octopus Wallet cannot be re-activated subsequently.

8A.10 In addition to Conditions 8A.3 and 8A.9, if there are insufficient Float in your Octopus Wallet to settle any amounts including fees outstanding for the Octopus Wallet Service, we shall be entitled to, in addition to other rights and remedies available, terminate your Octopus Wallet immediately without notice. Upon termination of your Octopus Wallet, your Octopus Wallet cannot be re-activated subsequently.

8A.11 You should notify us immediately if your Octopus Wallet has been compromised in any way (see Condition 23). You have to bear a loss when your Octopus Wallet has been used for an unauthorised transaction before reporting that your Octopus Wallet has been compromised.

9. Your Obligations in Using your Octopus and your Octopus Wallet

9.1 You should take good care of your Octopus with reasonable security precautions to prevent it from damage or from being tampered with or from unauthorised use. You should take good care of your Octopus Wallet with reasonable security precautions to ensure proper and secure use of your Octopus Wallet, including your account password protection. We will charge you a reasonable fee as set out in Schedule of Fees and Guidelines to cover the cost of the damage upon return of the On-Loan Octopus to us if it is damaged or altered through delamination, bending, cutting, breaking, graffiti or attachment of materials and/or objects on the Octopus by any means.

9.2 You must not use, or allow anyone to use, your Octopus and/or your Octopus Wallet for any illegal purposes.

9.3 You should only present your Octopus when you see the Octopus acceptance logo. You must not present your Octopus at readers that do not show the Octopus acceptance logo as this may cause damage to the Octopus and/or loss to yourself.

9.4 You must not tamper with the Octopus (including without limitation the software and the data recorded on the Octopus) in any way. You must not do anything to exploit or interfere with your Octopus Wallet or disrupt other users of the Octopus Wallet Service and, in particular, you must not use or launch any automated system, including without limitation robots, load testers or spiders to access the Octopus Wallet or in the use of the Octopus Wallet Service. Tampering with the data on your Octopus may be a criminal offence. We shall not honour transactions or refund any Float or the SVF Deposits, if applicable, relating to tampering of your Octopus or exploitation or interference of your Octopus Wallet.

9.5 We have the right to recover reasonable costs, expenses, losses and damages suffered or incurred by us as a result of your altering or interfering, or allowing a third party to alter or interfere, with the data on your Octopus and/or your Octopus Wallet.

9.6 We will ask you to co-operate with us and, if appropriate, the police, in recovering your Octopus if it is lost or stolen or if we have reasonable grounds to suspect suspicious behaviour or as required by prevailing law. We will ask you to co-operate with us and, if appropriate, the police, in any investigation in respect of your Octopus Wallet if it is being tampered with or if we have reasonable grounds to suspect behaviour of such nature or as required by prevailing law.

9.7 Our staff and authorised representatives of our approved Service Providers shall have the right to inspect your Octopus and items incorporating Octopus, including the data in that Octopus, at any reasonable time.

10. Proper Use of your Octopus and your Octopus Wallet

10.1 You should not carry more than one Octopus or an Octopus with another contactless smartcard together in close proximity as they may interfere with one another. If you do so, it will be at your own risk. We shall not be responsible for any damage to the Octopus or the electronic devices the functions of which have been affected in connection with the use of your Octopus. We reserve our right not to entertain any request for a refund of an amount that has been deducted incorrectly as a result of your carrying more than one Octopus or an Octopus with another contactless smartcard together in close proximity.

10.2 We shall not be responsible for any personal injury and/or property loss or damage caused as a result of your inappropriate or unauthorised use of your Octopus and/or your Octopus Wallet.

10.3 You shall indemnify us against all actions, proceedings, liabilities, claims, loss, damages and reasonable costs and expenses (including all reasonable legal fees) which may be taken against us or which we may suffer, sustain or incur howsoever arising out of or in connection with any inappropriate or unauthorised use of your Octopus or the Octopus Wallet Service.

10.4 Nothing in these Conditions of Issue shall exclude or restrict our liability for death or personal injury resulting from our negligence, or liability for fraud.

11. Malfunction

If your Octopus malfunctions due to no fault of yours and you have not damaged or tampered with it in any way:

(a) you should return your Octopus to our Authorised Service Centre if you hold an On-Loan Octopus or if you have bought a Sold Octopus from our Authorised Distributors. We will, in the case of an On-Loan Octopus, arrange refund of the Float, if any, stored on such Octopus and a temporary replacement, or, in the case of a Sold Octopus, only arrange a refund of the Float, if any, stored on such Octopus (see Conditions 12.2 and 12.3); or

(b) in case you hold a Cross Border Octopus, you should contact our Authorised Service Centre (or any parties as directed by our Authorised Service Centre) or such other channel(s) as we may announce from time to time. We will only arrange a refund of the Float, if any, stored on such Octopus (see Condition 12.5); or

(c) if you have obtained your Octopus from any other third party as described in Condition 4.1(e), you should contact that third party; or

(d) if you have bought an Octopus with a limited time warranty, you should contact the warranty provider; or

(e) if you have been issued with a Bank Co-Brand Octopus you should contact the issuing bank or financial services company which, under normal circumstances, will issue you with a replacement Bank Co-Brand Octopus. In case there is any positive or negative Float therein, this will be managed by the issuing bank or financial services company; or

(f) if you have been offered with an Octopus Mobile SIM, you should contact us or use our online application or such other channel(s) as we may announce from time to time for cancellation of use of the Octopus in your Octopus Mobile SIM, and we shall arrange a refund of the Float therein, if any. You should also contact the issuing Mobile Network Operator which, under normal circumstances, will offer you with a replacement Octopus Mobile SIM with or without charge; or

(g) if you have been issued with a Smart Octopus and, if applicable, have provided your personal data to us at the time of issuance of your Smart Octopus, you should contact us or use our online application or such other channel(s) as we may announce from time to time for cancellation of your Smart Octopus, and we shall arrange a refund of the SVF Deposit, if applicable, and the Float therein, if any, to you directly or in the case of Bank Co-Brand Smart Octopus, through the issuing bank or financial services company, as the case may be. Refund of the SVF Deposit, if applicable, and the Float in your Smart Octopus shall be subject to certain limitations, including without limitation annual refund limit per Mobile Device, as we may notify you from time to time.

12. Return or Cancellation of your Octopus and Cancellation of your Octopus Wallet

12.1 This Condition 12 applies subject to Condition 15A.

12.2 You may return your Octopus:

(a) if it malfunctions, as described in Condition 11; or

(b) in case of an On-Loan Octopus, at your option, to an Authorised Service Centre. When you return your On-Loan Octopus and apply for a refund, the SVF Deposits, if applicable, and the Float therein, if any, will be refunded to you in full except in the following situations when we will deduct a reasonable amount to cover:

  (i) any negative Float on your On-Loan Octopus;

  (ii) a handling fee (depending on how long we have lent you that Octopus) ("Handling Fee") to cover the costs incurred by us, including those charged by the Authorised Service Centre for providing this return and refund service;

  (iii) the cost of repairing any damage to your On-Loan Octopus, if applicable;

  (iv) any outstanding payment from the Automatic Add Value Service;

  (v) the Inactive Octopus Administrative Fee as described in Condition 13.2, if applicable;

  (vi) any other amounts including fees outstanding for Octopus services.

12.3 You may return your Sold Octopus for cancellation and we will disable your Sold Octopus and, after deducting any amounts including fees and payment outstanding for Octopus services, refund to you any Float therein. However, we will not refund the cost, if any, of your Sold Octopus to you. If you cancel your Sold Octopus, your Sold Octopus cannot be re-activated subsequently.

12.4 You or the issuing bank or financial services company may request for cancellation of your Bank Co-Brand Octopus as permitted under the cardholder agreement between you and the issuing bank or financial services company and in accordance with the provisions therein. In case of such cancellation, the Float therein, if any, will be refunded to you via the issuing bank or financial services company, subject to provisions of the cardholder agreement between you and the issuing bank or financial services company. However, we will not refund the cost, if any, of your Bank Co-Brand Octopus to you.

12.5 You may return your Cross Border Octopus to our Authorised Service Centre (or any parties as directed by our Authorised Service Centre). Refund of your Cross Border Octopus will be processed in the same manner as that for Sold Octopus pursuant to Condition 12.3 above.

12.6 You may contact us or our Authorised Service Centre (or any parties as directed by our Authorised Service Centre) or use our online application or such other channel(s) as we may announce from time to time for cancellation of use of Octopus in your Octopus Mobile SIM and we will disable the Octopus in your Octopus Mobile SIM and, after deducting any amounts including fees and payment outstanding for Octopus services, refund to you any Float therein. However, we will not refund the cost or any fees, if any, of your Octopus Mobile SIM to you. If you cancel the use of the Octopus in your Octopus Mobile SIM, the Octopus in your Octopus Mobile SIM cannot be re-activated subsequently.

12.6A If you have been issued with a Smart Octopus and, if applicable, have provided your personal data to us at the time of issuance of your Smart Octopus, you may use the Authorised Mobile Payment App or our online application or such other channel(s) as we may announce from time to time for cancellation of your Smart Octopus and we will disable the Smart Octopus and, after deducting:

  (i) any negative Float on your Smart Octopus;

  (ii) other than Bank Co-Brand Smart Octopus, a handling fee (depending on how long you have been issued with that Smart Octopus) ("Handling Fee for Smart Octopus") to cover the costs incurred by us;

  (iii) any outstanding payment from the Automatic Add Value Service;

  (iv) the Inactive Smart Octopus Administrative Fee as described in Condition 13.4, if applicable;

  (v) any other amounts including fees outstanding for Octopus services;

refund to you directly or through the issuing bank or financial services company, as the case may be the SVF Deposit, if applicable, and the Float therein. However, we will not refund the cost of or any fees associated with your Smart Octopus to you. If you cancel your Smart Octopus, your Smart Octopus cannot be re-activated subsequently. Refund of the SVF Deposit, if applicable, and the Float in your Smart Octopus shall be subject to certain limitations, including without limitation annual refund limit per Mobile Device, as we may notify you from time to time.

12.7 You may apply for cancellation of your Octopus Wallet at any time through such channels and in such manner as we may announce from time to time. We shall, after deducting any amounts including fees outstanding for the Octopus Wallet Service, arrange for refund of the Float therein, if any. However, we will not refund the cost of or any fees associated with your Octopus Wallet Payment Card, if any, to you. Upon cancellation of your Octopus Wallet, your Octopus Wallet, including, if applicable, the Octopus Wallet Payment Card cannot be re-activated subsequently. If any Octopus Wallet Holder has become deceased, a personal representative of the deceased Octopus Wallet Holder should present proof of death of the deceased Octopus Wallet Holder, and proof of identity and capacity of the personal representative, in order to claim a refund of any Float therein. We will charge you a reasonable administrative fee ("Octopus Wallet Cancellation Fee") for cancellation of your Octopus Wallet.

12.8 We reserve the right to recover, cancel or terminate, or suspend your Octopus, the Octopus Wallet Service (including your Octopus Wallet and, if applicable, Octopus Wallet Payment Card) or any of our services at any time without specifying the reasons, but we will take reasonable steps to minimise any inconvenience caused to you. You may be required to present your Octopus for replacement in the manner as may be notified by us. In such case, we will refund to you the SVF Deposits, if applicable, and Float therein, if any.

12.9 Octopus is provided for use in payment and related services, it is not provided as a medium for the exchange or transfer of money. In respect of any of the services provided pursuant to these Conditions of Issue, we reserve the right to request information (including personal data), investigate (for which we will charge a reasonable fee, "Investigation Fee") and decline at our sole discretion multiple, high value or repeated purchase or refund requests from an individual or organisation.

13. Inactive Octopus and Octopus Wallet

13.1 Deactivation of your inactive Octopus and Octopus Wallet

(a) Your Octopus has been issued to you for your regular use. If you have not added value to your Octopus for a period announced by us from time to time, we will, for your own and our protection, deem your Octopus to be no longer in use, and we will deactivate your Octopus. If you want to re-activate your Octopus subsequently, we will charge you a reasonable fee for the re-activation ("Reactivation Fee").

(b) Your Octopus Wallet is intended for your regular use. If you have not added value to your Octopus Wallet or used your Octopus Wallet for any payment transaction for a period announced by us from time to time, we will, for your own and our protection, deem your Octopus Wallet to be no longer in use, and we will suspend your Octopus Wallet, including, your Octopus Wallet Payment Card, if applicable). If you want to re-activate your Octopus Wallet subsequently, we will charge you the Reactivation Fee.

13.2 Administrative fee on your inactive "Adult" On-Loan Octopus

If you hold an "Adult" type of On-Loan Octopus (that is, On-Loan Adult Octopus other than Personalised Octopus with Student Status or Persons with Disabilities Status, or if you are a Personalised On-Loan Octopus holder aged below 18, or if you are a Personalised On-Loan Octopus holder aged 60 or above) which is issued on or after 1 October 2017 ("Inactive Octopus Administrative Fee Effective Date") and have not added value to your Octopus or used your Octopus for any payment transaction for such specified period(s) of time as determined and announced by us from time to time (each, an "inactive period"), we will charge you an administrative fee ("Inactive Octopus Administrative Fee") on your inactive On-Loan Adult Octopus for each inactive period. The Inactive Octopus Administrative Fee shall be deducted from the Float, if any, and the SVF Deposit of your inactive Octopus:

(a) until your inactive Octopus is re-activated;

(b) until you return your Octopus as described in Condition 12.2(b); or

(c) until the Float and the SVF Deposit are fully depleted, in which case we shall cancel your Octopus and your Octopus cannot be re-activated subsequently;

whichever is the earliest.

13.3 For the purpose of Condition 13.2:

(a) The first inactive period means the later of:

  (i) the period of time as specified by us after your last add value transaction or your last payment transaction using your Octopus, whichever is later; or

  (ii) the specified period of time immediately after the Inactive Octopus Administrative Fee Effective Date.

(b) Subsequent inactive periods means successive 12-month periods thereafter or such specified period(s) of time as determined and announced by us from time to time.

13.4 Administrative fee on your inactive Smart Octopus

If you hold a Smart Octopus (other than an "Elder" type of Smart Octopus, or if you are a Personalised Smart Octopus holder aged below 18, or if you are a Personalised Smart Octopus holder aged 60 or above, or if you are a holder of a Bank Co-Brand Smart Octopus) and have not added value to your Smart Octopus or used your Smart Octopus for any payment transaction for such specified period(s) of time as determined and announced by us from time to time (each, an "inactive Smart Octopus period"), we will charge you an administrative fee ("Inactive Smart Octopus Administrative Fee") on your inactive Smart Octopus for each inactive Smart Octopus period. The Inactive Smart Octopus Administrative Fee shall be deducted from the Float, if any, and the SVF Deposit of your inactive Smart Octopus:

(a) until your inactive Smart Octopus is re-activated;

(b) until you cancel your Smart Octopus as described in Condition 11(g) or Condition12.6(A); or

(c) until the Float and the SVF Deposit are fully depleted, in which case we shall cancel your Smart Octopus and your Smart Octopus cannot be re-activated subsequently;

whichever is the earliest.

13.5 For the purpose of Condition 13.4:

(a) The first inactive Smart Octopus period means the period of time as specified by us after your last add value transaction or your last payment transaction using your Smart Octopus, whichever is later;

(b) Subsequent inactive Smart Octopus periods means successive 12-month periods thereafter or such specified period(s) of time as determined and announced by us from time to time.

13.6 Further details are set out in Schedule of Fees and Guidelines, which can be obtained from our website at www.octopus.com.hk.

14. Personalised Octopus Service

14.1 If made available by us, you may apply to us to have your identity associated ("Personalised") with a particular Octopus. Your personal data will be stored in electronic format, and may or may not be printed, on your Personalised Octopus. We will charge you a reasonable fee ("Personalisation Fee") for both producing and, if requested, handling the return of your Personalised Octopus.

14.2 A bank or financial services company that offers a Bank Co-Brand Octopus may provide you with our Personalised Octopus service. Any additional fees or charges imposed by the issuing bank or financial services company will be notified to you by relevant issuing bank or financial services company.

14.3 You should notify us promptly in writing of any changes to your name, address, telephone or email address regarding your Personalised Octopus.

14.4 Personalised Octopus enjoys strengthened protection. You should notify us immediately if your Octopus or its security is compromised in any way (see Condition 23). You may have to bear a loss resulting from unauthorised transactions of your compromised Octopus.

14.5 You should not allow your Personalised Octopus to be used by another person. If your Personalised Octopus is found in the possession of a person other than yourself, we and/or the Service Providers on our behalf, shall have the right, but are not obliged, to repossess your Personalised Octopus from such a person.

14.6 If you wish to return your Personalised Octopus to an Authorised Service Centre or such other channel(s) as we may announce from time to time, you should present your Octopus in person, or if the cardholder of that Personalised Octopus has become deceased, a personal representative of the deceased cardholder should present the Personalised Octopus together with proof of death of the deceased cardholder, and proof of identity and capacity of the personal representative, in order to claim a refund of the SVF Deposits, if applicable, and/or any Float as described in Condition 12.

15. Lost Octopus Service

15.1 If you are the holder of a Personalised Octopus or user of the Automatic Add Value Service, you will automatically be provided with our lost Octopus service. This lost Octopus service may not apply to our other services unless it is clearly stated in the terms and conditions of that service.

15.2 If you are provided with our lost Octopus service, you should notify us immediately if your Octopus has been lost or stolen (see Condition 23), except in the case of a Bank Co-Brand Octopus, you should notify the issuing bank or financial services company. We will then cancel and disable your Octopus after a specified period of time ("Lost Octopus Notification Period"), the latest period of which is set out in Schedule of Fees and Guidelines, following receipt of your report. The Lost Octopus Notification Period shall be determined and announced by us from time to time. Once cancellation of your Octopus is effected, it cannot be re-activated subsequently.

15.3 The lost Octopus service described in Condition 15.2 will protect you from the loss of the Float and any value added through the Automatic Add Value Service on your Octopus after the expiry of the Lost Octopus Notification Period. You may have to bear a loss resulting from unauthorised use of your lost Octopus before the expiry of the Lost Octopus Notification Period.

15.4 We will refund you the SVF Deposits, if applicable, and the Float, if any, on your Octopus as recorded in our system at the end of the Lost Octopus Notification Period. We will charge you a reasonable fee ("Lost Octopus Service Fee") for providing this lost Octopus (except Bank Co-Brand Smart Octopus) service, which (a) will be deducted from the refund of the SVF Deposit or Float on your Octopus, if any, or (b) may be payable by you.

15A. Expiry, Refunds and Determination of value on Octopus and in Octopus Wallet

15A.1 Any SVF Deposits and/or Float on your Octopus to be refunded to you as described in Condition 12 or Condition 15 will be paid without interest. Any Float in your Octopus Wallet to be refunded to you as described in Condition 8A or Condition 12 will be paid without interest. Any interest accrued or other returns generated on Card Funds, if any, shall belong to us.

15A.2 Any refund of the SVF Deposits and/or Float on your Octopus or Float in your Octopus Wallet which remain uncollected for a period announced by us from time to time ("Expiry Date") will be forfeited without notice and you will have no claim for such amounts whatsoever. We shall be entitled to such SVF Deposits and Float from the end of the Expiry Date.

15A.3 Upon receipt of the refund, you shall be deemed to have accepted the amount thereof as correct and agree to discharge us from any liability whatsoever to you, including without limitation any shortfall or error in the amount of such refund.

15A.4 In determining the SVF Deposits and/or the Float to be refunded to you, the records held by us shall be treated as conclusive evidence of the amount of the SVF Deposits and/or the Float except for any manifest error on our part.

15A.5 We are licensed by the Hong Kong Monetary Authority to provide Octopus service and the Octopus Wallet Service to you. We provide our services with reasonable care, skills and diligence. In the unlikely event that we exit our business operations, including cases of our insolvency or suspension or revocation of our stored value facility licence, we will follow our business exit plan and directions (if any) of the Hong Kong Monetary Authority.

16. Personal Information Collection Statement relating to you (this "Notice") in accordance with the Personal Data (Privacy) Ordinance (the "Ordinance")

16.1 The Ordinance governs the collection, holding, processing and use of your personal data and other information that we may collect from time to time ("Data"). The Data shall include transactional records (meaning the transaction data which we receive (a) from our Octopus readers and/or from other channels in respect of the use of your Octopus and (b) during the operation of the Octopus Wallet Service and/or from other channels in respect of the use of your Octopus Wallet) to the extent that those transactional records are "personal data" under section 2(1) of the Ordinance. This Data is to enable us to provide the Octopus service and Octopus Wallet Service and other related services to you. Further information is set out in our "Privacy Policy" located at www.octopus.com.hk and this Notice is the basis upon which we collect, hold, process and use the Data.

16.2 If you do not provide your personal data to us, we may be unable to provide you with some of our services you request, including without limitation Personalised Octopus service, Automatic Add Value Service, lost Octopus Service, Octopus Wallet Service, application for cancellation of use of Octopus in your Octopus Mobile SIM, application for cancellation of your Octopus Wallet, application for cancellation of your Smart Octopus or transaction records enquiry.

16.3 Direct Marketing: We intend to use your below information of your Data in the form of SMS (short messaging service), push notification via the Octopus Mobile App and/or email in sending direct marketing materials relating to our products and services (including use of Octopus at our Service Providers and use of Octopus Wallet Services at our Authorised Partners) to you from time to time:

(a) name;

(b) email address (for email only);

(c) contact number (for SMS (short messaging service) only);

(d) Octopus Wallet number and/or Octopus number, as the case may be; and/or

(e) your mobile device ID (identification number) of which the Octopus Mobile App is installed thereon.

We may not so use your Data unless we have received your consent. You may provide us with your objection to use your personal data through such channels as we may announce from time to time at no cost to you.

16.4 Only with your consent as aforesaid, we will use your Data in providing you with carefully selected direct marketing materials in relation to our products and services (including use of Octopus at our Service Providers and use of Octopus Wallet Services at our Authorised Partners). We may need to carry out internal operational procedures to enable us:

(a) to better understand your characteristics and to provide other services better tailored to your needs (such as offering special promotions to you);

(b) to assist us in selecting products and services that are likely to be of interest to you; and

(c) to arrange marketing offers and benefits.

16.5 Purpose: You agree that your Data may be used by us for:

(a) processing an application for the services offered to you from time to time;

(b) providing you with customer notifications and direct marketing materials as set out in Condition 16.3;

(c) conducting customer due diligence as required by law, rules, regulations, codes or guidelines;

(d) management, operation and maintenance of the Octopus payment system, the Octopus Wallet Service and Card Funds, including audit, and exercising our and your rights under these Conditions of Issue;

(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 you;

(g) investigation of complaints or suspected suspicious transactions (whether in relation to an Octopus or a Cross Border Octopus or otherwise), and research for service improvement;

(h) prevention or detection of crime; and

(i) disclosure as required by law, rules, regulations, codes or guidelines.

16.6 Transfer: Your Data will be kept confidential by us, but you agree that for the purposes set out in Condition 16.5, we may transfer or disclose such Data to the following parties within Hong Kong (except that the parties set out in Conditions 16.6(a), (b), (c), (d) and (e) and owners or service providers of Client Funds Company in (g) below may be located outside Hong Kong):

(a) issuers of Bank Co-Brand Octopus and participating banks and financial services companies for Automatic Add Value Service which owe a duty of confidentiality to us and with which you have selected to register;

(b) Card Association, Card Association Merchant and/or their respective agents or contractors in relation to Octopus Wallet Payment Card;

(c) Third Party Operator(s) under a duty of confidentiality to us;

(d) Authorised Mobile Payment Service Provider under a duty of confidentiality to us;

(e) our agents or contractors under a duty of confidentiality to us who provide administrative, telecommunications, computer, anti-money laundering and counter terrorist financing intelligence, payment, data processing or other services to us in connection with the operation of our business (such as professional advisors, call centre service providers, debt collection agencies (in the event you owe us any money), courier, gift redemption centres or data entry companies);

(f) our subsidiaries and/or our affiliates which owe a duty of confidentiality to us;

(g) Client Funds Company, its owners and its third party service provider involved in (i) ensuring that Card Funds are handled in accordance with these Conditions of Issue and PSSVFO, and (ii) managing Card Funds in case of our insolvency;

(h) Friend(s) as selected by you; and

(i) 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 we, our subsidiaries and/or affiliates are under a binding obligation to satisfy a legally enforceable demand for 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.

For the avoidance of doubt, we will not transfer or disclose your personal data to any third party including our subsidiaries and/or our affiliates for use by such third party in direct marketing unless we have received your consent.

16.7 Access: You have the right to:

(a) check whether we hold your Data and to have access to that Data;

(b) require us to correct any Data which is inaccurate;

(c) ascertain our policies and practices in relation to the Data and to be informed of the kind of Data held by us; and

(d) request us not to use your Data for direct marketing purposes as described in Conditions 16.3 and 16.4, in which case we will cease to do so at no cost to you.

16.8 We will charge you a reasonable fee ("Data Access Fee") for complying with any request for access to your Data.

16.9 Any Data access request should be made in writing to:

  The Data Protection Officer

  Octopus Cards Limited

  46/F, Manhattan Place

  23 Wang Tai Road

  Kowloon Bay

  Kowloon

  Hong Kong

  Email: dpo@octopus.com.hk

16.10 If at any time you do not want to receive direct marketing materials from us through specific channel(s) or all channels in the future, or if you want us to cease using any of your Data in direct marketing, you may contact us through such channel(s) as we may announce from time to time at no cost to you.

16.11 Nothing in this Notice shall limit your rights under the Ordinance.

17. Transaction Records

17.1 You may enquire about your transaction records in relation to your Octopus, including Float balance of your Octopus, date and time and amount spent with your Octopus up to such number of most recent transactions and through such channel(s) as we may announce from time to time. For Octopus Wallet Service, we will provide you with monthly statement about your transaction records in relation to your Octopus Wallet and you may request for printed copies of such monthly statement up to such period of time as we may announce from time to time. You must keep yourself promptly informed of all transactions relating to your Octopus Wallet, which will involve examining each monthly statement issued by us in respect of your Octopus Wallet and notify us of any transaction discrepancies within the specified time period as we may notify you from time to time. We will provide you with the requested information, including printed copies of the monthly statement in respect of your Octopus Wallet, within a reasonable time and we will charge a reasonable fee ("Transaction Records Access Fee") for this service.

17.2 The transaction records of your Octopus and your Octopus Wallet will be safely kept by us. Transaction records mean all the transaction data which we receive (a) from our system Octopus readers and/or from other channels in respect of the use of your Octopus, and (b) during the operation of the Octopus Wallet Service and/or from other channels in respect of your use of the Octopus Wallet Service, including, if applicable, your Octopus Wallet Payment Card. Save as provided in Condition 17.1 above, we will only disclose any of your transaction records to:

(a) the relevant Service Providers or Authorised Mobile Payment Service Provider, Card Associations and Card Association Merchant relating to the use of your Octopus, or Authorised Partners in respect of your Octopus Wallet which are under a duty of confidentiality to us;

(b) satisfy a search warrant or an order by a competent court of law or a relevant regulatory body that we are required to comply with;

(c) any other parties which are under a duty of confidentiality to us, in order for us to maintain the normal managements, operation and maintenance of the Octopus payment system or the Octopus Wallet Service;

(d) any agents, contractors or third party service providers which are under a duty of confidentiality to us and which provide administrative, telecommunications, computer, anti-money laundering and counter terrorist financing intelligence, payment, data processing or other services to us in connection with the operation of our business;

(e) Client Funds Company which is under a duty of confidentiality to us, in order for the Client Funds Company to (i) ensure that Card Funds are handled in accordance with these Conditions of Issue and PSSVFO, and (ii) manage Card Funds in case of our insolvency; or

(f) any other person under a duty of confidentiality to us including our subsidiaries, our affiliates or our business partners for the purposes outlined in Condition 16.

18. New Services

We may provide you with new services associated with your Octopus and/or the Octopus Wallet Service from time to time, and these new services will be governed by the terms and conditions herein or as amended from time to time for the respective services.

19. Fees and Charges

Our fees and charges are available on our website at www.octopus.com.hk or from our Authorised Distributors or Authorised Partners. For details, please refer to Schedule of Fees and Guidelines, which can be obtained from our website at www.octopus.com.hk. You are advised to check our latest fees and charges from time to time.

20. Changes in these Conditions of Issue

20.1 We may amend these Conditions of Issue by publishing a notice of the change(s) in one Chinese and one English language newspaper and/or on our website at www.octopus.com.hk if such change(s) affect(s) the fees and charges and the liabilities or obligations of existing customers.

20.2 The change(s) shall take effect on a date specified in the notice, which will be no less than 30 days after the date of publishing such notice in the newspapers and/or on our website at www.octopus.com.hk.

20.3 The change(s) will apply to you unless your Octopus is cancelled or your Octopus Wallet is cancelled or terminated, as the case may be, before the change(s) take(s) effect.

20.4 A copy of the latest version of these Conditions of Issue will be available on our website at www.octopus.com.hk or from our designated Authorised Distributors and Authorised Partners upon request.

21. Rights of Third Parties

These Conditions of Issue shall not create or give rise to, nor shall it be intended to create or give rise to, any third party rights. No third party shall have any right to enforce or rely on any provision of these Conditions of Issue which does or may confer any right or benefit on any third party, directly or indirectly, expressly or impliedly. The application of any legislation giving rise to or conferring on third parties contractual or other rights (including without limitation the Contracts (Rights of Third Parties) Ordinance) in connection with these Conditions of Issue is hereby expressly excluded. For the avoidance of doubt, nothing in these Conditions of Issue shall affect the rights of any permitted assignee or transferee of these Conditions of Issue.

22. Force Majeure

We shall not be in breach of these Conditions of Issue nor liable for delay in performing, or failure to perform, any of our obligations under these Conditions of Issue, if such delay or failure results from events, circumstances or causes beyond our reasonable control, including suspension or revocation of our licence under PSSVFO. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed.

23. Communication with us

23.1 Please contact us through such channels as we may announce from time to time for any question, complaint, request for support and notification of anomalies or incidents in relation to your use of Octopus and/or Octopus Wallet Service. For Octopus Wallet Service, unless stated otherwise, all communications issued by us under these Conditions of Issue shall be sent to you through the Octopus Mobile App or your mobile number registered for SMS (short messaging service) or other electronic means as we may notify you from time to time. We will communicate with you using our foregoing secure contact channels in this Condition 23 or our website at www.octopus.com.hk. Any message alleged to be sent on our behalf to you via any other means is not reliable.

23.2 To protect your interest, if a third party purports to contact us on your behalf, we may request that such third party should provide authorisation support and we may contact you directly for verification.

24. English Version Prevails

We have provided a Chinese language translation of these Conditions of Issue for reference only. If there is any inconsistency or discrepancy between the English version and any Chinese version(s), the English version shall prevail.

25. Governing Law and Jurisdiction

These Conditions of Issue shall be governed by the laws of Hong Kong. You and Octopus Cards Limited irrevocably agree that the courts in Hong Kong shall have exclusive jurisdiction to settle any dispute or claim (whether contractual or non-contractual) arising out of or in connection with these Conditions of Issue, its subject matter or formation.

Octopus Cards Limited Licence Number: SVF0001

 

 

 

Schedule of Fees and Guidelines relating to the use of Octopus (this "Schedule")

(Effective from 20 January 2022)

This Schedule supplements the Conditions of Issue of Octopus ("Conditions of Issue") issued by Octopus Cards Limited. This Schedule supersedes the Schedule of Fees and Guidelines relating to the use of Octopus which came into effect on 27 September 2021. This Schedule is effective from 20 January 2022 until such time as an updated version is issued.

1. If you have any enquiries about the use of an Octopus issued by us, please contact the Octopus Customer Service Hotline on 2266 2222. If you wish to report the loss of an Octopus, please contact the Lost Octopus Reporting Hotline on 2266 2266, or report via the Octopus website at www.octopus.com.hk.

2. If you have any enquiries about the use of a Bank Co-Brand Octopus, please contact the issuing bank or financial services company.

3. If you have any enquiries about the use of the Octopus function on an Octopus Mobile SIM, please contact the Octopus Customer Service Hotline on 2266 2222. If you have any enquiries about the use of mobile telecommunication function on an Octopus Mobile SIM, please contact the related Mobile Network Operator. If you have any enquiries about the use of your Smart Octopus, please contact the Octopus Customer Service Hotline on 2266 2222. If you have any enquiries about the use of the Authorised Mobile Payment App, please contact the related Authorised Mobile Payment Service Provider. If you have any enquiries relating to your Octopus Wallet (including Octopus Wallet Payment Card) and/or our Octopus Wallet Service, please contact our Octopus Customer Service Hotline on 2266 2222.

4. Information about our Authorised Add Value Service Providers, Authorised Distributors, Authorised Service Centres, Service Providers, Authorised Partners and Authorised Mobile Payment Service Providers can be found on our website at www.octopus.com.hk. For information about requests for adding value to Octopus by Authorised Add Value Service Providers, please refer to our website at www.octopus.com.hk.

5. The current Stored Value Limit which you may store on your Octopus is HK$1,000, save that for Smart Octopus issued on or after 1 October 2019 and Octopus issued on or after 1 December 2019, the Stored Value Limit which you may store thereon is HK$3,000.

6. The current amount of SVF Deposit applicable to an On-Loan Octopus is HK$50 which includes card cost and a provision for negative value (that is, the convenience limit) of (a) up to HK$35 on a single occasion for On-Loan Octopus issued before 1 October 2017, or (b) up to HK$50 on a single occasion for On-Loan Octopus issued on or after 1 October 2017.

7. The current amount of SVF Deposit applicable to a Smart Octopus (except Bank Co-Brand Smart Octopus) is HK$50 which includes a provision of negative value (that is, the convenience limit) of up to HK$50 on a single occasion.

8. The current initial stored value on each On-Loan Octopus is:

 Categories of On-Loan (Initial stored value)

9. For information relating to the minimum amount and other requirements for adding value to your Octopus, please refer to the section headed "Reloading Your Octopus" in the Octopus User Guide, or call the Octopus Customer Service Hotline on 2266 2222, or visit our website at  www.octopus.com.hk.

10. We, our Authorised Distributors and Authorised Service Centres will not entertain any request to loan or return 6 or more Octopus at any one time.

11. Your Octopus will be deactivated if you have not added value to your Octopus for a continuous period of 1,000 days from the date when you last added value to your Octopus.

12. If your Personalised Octopus or an Octopus with the Automatic Add Value Service is reported lost, our lost Octopus service will protect you from the loss of the Float on your Octopus after three (3) hours from successful reporting, which is the current Lost Octopus Notification Period referred to in the Conditions of Issue.

13. Currently, our Automatic Add Value Service is available to persons aged 12 or over.

14. If you hold a Bank Co-Brand Octopus, please contact the issuing bank or financial services company for details of any fees chargeable to you by them for the Octopus service.

15. A non-refundable fee of HK$100 is applicable to activate the Octopus function on an Octopus Mobile SIM. Please contact the Mobile Network Operator for details of any other fees chargeable to you by them for the Octopus Mobile SIM service.

16. Any requests to refund a malfunctioned Octopus Mobile SIM or cancel an Octopus Mobile SIM with a Float of HK$500 or more stored on it should be made through our website at www.octopus.com.hk. In all other cases, you may approach our Authorised Service Centres to submit your refund or cancellation request.

17. Any requests to refund a malfunctioned Smart Octopus or cancel a Smart Octopus should be made through our website at www.octopus.com.hk or Octopus Mobile App. For Mobile Devices with Smart Octopus thereon, any requests to refund any such malfunctioned Smart Octopus thereon or cancel any such Smart Octopus thereon is subject to an annual refund limit ("annual refund limit") of HK$3,000 per Mobile Device. "Annual refund limit" refers to the aggregate amount of refund per Mobile Device of any malfunctioned Smart Octopus and cancelled Smart Octopus on a Mobile Device over a period of twelve (12) months immediately preceding the date of request to refund a malfunctioned Smart Octopus thereon or cancel a Smart Octopus thereon.

18. The current fees charged by Octopus Cards Limited for issuing, handling returns and other services for the various types of Octopus issued by us are:

a. An administrative fee of HK$20 is applicable to the issuance of a Personalised Octopus;

b. If your Octopus is a Personalised On-Loan Octopus which was issued prior to 1 November 2004, there is no charge for the return of your Personalised On-Loan Octopus. Otherwise there is a Personalisation Fee of HK$10. For Personalised Smart Octopus (except for Bank Co-Brand Smart Octopus), a Personalisation Fee of HK$10 will be charged;

c. If your Octopus is a Personalised On-Loan Octopus or On-Loan Octopus with the Automatic Add Value Service, a Lost Octopus Service Fee of HK$50 (inclusive of administrative fee and card cost) will be deducted from the SVF Deposit should that Octopus be reported lost. If the lost Octopus is a Personalised Sold Octopus or Sold Octopus with the Automatic Add Value Service, a Lost Octopus Service Fee of HK$20 will be charged;

d. If you report loss of a Personalised Smart Octopus or Smart Octopus (except for Bank Co-Brand Smart Octopus) with the Automatic Add Value Service, a Lost Octopus Service Fee of HK$20 (inclusive of administrative fee) will be deducted from the SVF Deposit;

e. For any Octopus which is provided with the Automatic Add Value Service, there is a fee of HK$20 for transferring the Automatic Add Value Service from one bank to another, or for reactivation of the service following suspension;

f. For all On-Loan Octopus, there is a fee of HK$30 charged for any such Octopus that is returned in a damaged condition such as through delamination, bending, cutting, breaking, graffiti or attachment of materials and/or objects on such Octopus by any means;

g. For all On-Loan Octopus (excluding Personalised Octopus), there is a Handling Fee of HK$11 or 1% of any Float stored therein, whichever is higher, for any such Octopus returned that meets any one or more of the following criteria:

  (1) if the Float therein exceeds HK$1,000; and/or

  (2) if such Octopus is returned within 90 days from the date of issue; and/or

  (3) with effect from 1 October 2020, if such Octopus has only been used for five (5) payment transactions or less from the date of issue (excluding any bill payment transaction or donation transaction);

h. For all Smart Octopus issued on or after 14 October 2019, a Handling Fee for Smart Octopus of HK$11 will be charged for any such Smart Octopus(except Bank Co-Brand Smart Octopus) cancelled within 90 days from the date of issue. No Handling Fee for Smart Octopus will be charged for Personalised Smart Octopus and Bank Co-Brand Smart Octopus; and

i. If you are a Personalised Octopus holder or Automatic Add Value Service user (whether you are holding an Octopus issued by us or a Bank Co-Brand Octopus), you can request a print-out of your Octopus transactions for a Transaction Records Access Fee as follows:

The request can be made by calling the Octopus Customer Service Hotline on 2266 2222 or in writing and sent to Operations Department – Customer Relations, Octopus Cards Limited, together with the applicant’s proof of identity, by fax at 2266 2211 or mail to P.O. Box 68817, Kowloon East Post Office, Kowloon, Hong Kong, or via the Octopus website at www.octopus.com.hk.

19. If you hold an On-Loan Adult Octopus (other than Personalised Octopus with Student Status or Persons with Disabilities Status, or if you are a Personalised On-Loan Octopus holder aged below 18, or if you are a Personalised On-Loan Octopus holder aged 60 or above) which is issued on or after 1 October 2017 ("Inactive Octopus Administrative Fee Effective Date") and have not added value to your Octopus or used your Octopus for any payment transaction for three (3) years, we will charge you an Inactive Octopus Administrative Fee upon expiration of the said three (3) years’ period and subsequently every twelve (12) months thereafter (each, an "inactive period") as follows:

 Inactive period (Inactive Octopus Administrative Fee for each inactive period)

The first inactive period means the later of: (a) three (3) years after your last add value transaction or your last payment transaction using your Octopus, whichever is later, or (b) three (3) years immediately after the Inactive Octopus Administrative Fee Effective Date of 1 October 2017, that is, 1 October 2020. Subsequent inactive period means successive 12-month periods thereafter.

20. If you hold a Smart Octopus (other than an "Elder" type of Smart Octopus, or if you are a Personalised Smart Octopus holder aged below 18, or if you are a Personalised Smart Octopus holder aged 60 or above, or if you are a holder of a Bank Co-Brand Smart Octopus) and have not added value to your Smart Octopus or used your Smart Octopus for any payment transaction for three (3) years, we will charge you an Inactive Smart Octopus Administrative Fee upon expiration of the said three (3) years’ period and subsequently every twelve (12) months thereafter (each, an "inactive Smart Octopus period") as follows:

 Inactive Smart Octopus period (Inactive Smart Octopus Administrative Fee for each inactive Smart Octopus period)

21. Regarding the use of the Octopus Wallet Service:

(a) Currently, our Octopus Wallet Service is available to:

 Octopus Wallet Lite (Persons aged 12 or over)

 Octopus Wallet Plus (Persons aged 18 or over)

 Octopus Wallet Pro (Persons aged 18 or over)

(1) "Daily transaction limit" refers to the aggregate amount of payment transactions to be debited from your Octopus Wallet in a day (from 00:00 to 23:59 Hong Kong time), which, in the case of Octopus Wallet Lite, Octopus Wallet Plus and Octopus Wallet Pro, including (i) P2P Payment, (ii) fund transfer to Registered Octopus, (iii) payment for goods and services, and in the case of Octopus Wallet Plus and Octopus Wallet Pro, further including (iv) fund transfer to your registered bank account maintained with a bank or financial services company, (v) fund transfer to FPS User Account(s), (vi) fund transfer to registered account(s) with a corporate entity as authorised by us, and (vii) fund transfer to Octopus.

(2) "Annual transaction limit" refers to the aggregate amount of receiving payment to be credited to your Octopus Wallet in an anniversary year of your Octopus Wallet, including payment received through (i) P2P Payment, (ii) fund transfer from Registered Octopus, (iii) adding value to your Octopus Wallet through Authorised Partners.

(3) "Monthly fund transfer limit from Registered Octopus" refers to the aggregate amount of fund transfer from Registered Octopus to your Octopus Wallet in a calendar month.

(4) "Per transaction limit" refers to the amount of receiving payment to be credited to your Octopus Wallet in each transaction through a FPS Participant.

(5) "Annual spending limit" refers to the aggregate amount of payment transactions to be debited from your Octopus Wallet for payment for goods and services with your Octopus Wallet Payment Card in an anniversary year of issuance of your Octopus Wallet Payment Card.

(b) The current fees charged by Octopus Cards Limited in relation to use of Octopus Wallet Service (including Octopus Wallet and Octopus Wallet Payment Card) are:

 Octopus Wallet Fee

 P2P Payment Fee

 Fund Transfer Fee

 Octopus Wallet Cancellation Fee

 Octopus Wallet Payment Card Replacement Fee

 Foreign Currency Transaction Fee

 Transaction Fee for Cross Border Transaction (in Hong Kong dollar)

(c) The negative value feature on Registered Octopus (other than Registered Octopus with Automatic Add Value Service) is not available for fund transfer to your Octopus Wallet.

(ca) The aggregate amount of fund transfer from a Registered Octopus to any Octopus Wallet Lite in a calendar month shall not exceed HK$5,000.

(cb) If a Smart Octopus is registered as a Registered Octopus, fund transfer service from any such Smart Octopus as Registered Octopus to any Octopus Wallet(s) is not available.

(d) Your Octopus Wallet, including, if applicable, Octopus Wallet Payment Card will be suspended if you have not added value to your Octopus Wallet or used your Octopus Wallet for any payment transaction for a period of three (3) years.

(e) You are advised to check the monthly statement of your Octopus Wallet and you must notify us of any transaction discrepancies within sixty (60) days from the date of issuance of the relevant monthly statement, otherwise, you shall be deemed to have accepted the statement as correct. You can request a print-out of monthly statement of your Octopus Wallet up to seven (7) years of issuance for a Transaction Records Access Fee of, currently, HK$50 for each monthly statement, which will be delivered by mail or collected in person at Octopus Cards Limited. The request can be made via our website at www.octopus.com.hk.

22. Other fees and charges applicable to use of Octopus and/or Octopus Wallet Service:

 Smart Octopus Issuance Fee

 Add Value Service Fee

  1. Addition of value to Smart Octopus by credit or debit cards: 2.5% of the add value amount for each transaction (if applicable)
  2. Others: waived

 Reactivation Fee

  1. For inactive Octopus: waived
  2. For inactive Octopus Wallet: waived

 Unauthorised Use Claim Fee

 Investigation Fee

23. You can request for access to your Data by completing the data access request form as prescribed by Octopus Cards Limited. We reserve the right to charge you a Data Access Fee for complying with any request for access to your Data. We will follow up on your request as soon as we receive your data access request form and will advise you in advance the Data Access Fee required, if applicable.

24. You may provide us with your objection to use your Data in direct marketing at no cost to you in your registration for an Octopus Wallet, or via the Octopus Mobile App, or, in the case for opting out email marketing, via the unsubscribe link embedded in our email, or by calling the Octopus Customer Service Hotline on 2266 2222.

25. If at any time you do not want to receive direct marketing materials from us through specific channel(s) or all channels in the future, or if you want us to cease using any of your Data in direct marketing, you may contact us at no cost to you by:

(a) opting out via Octopus Mobile App;

(b) opting out via the unsubscribe link embedded in our email (opting out for receiving email only);

(c) opting out via Octopus Customer Service Hotline on 2266 2222; or

(d) writing to the Data Protection Officer, Octopus Cards Limited.

26. Any refund of the SVF Deposit, if applicable, and/or any Float on your Octopus, or any Float in your Octopus Wallet, as the case may be, which remain uncollected for a period of three (3) years from the date of our notification that the refund is available for collection will be forfeited without notice and you will have no claim against us whatsoever.

27. You can contact us by calling the Octopus Customer Service Hotline on 2266 2222, or via the Octopus website at www.octopus.com.hk for any question, complaint, request for support and notification of anomalies or incidents in relation to your use of Octopus and Octopus Wallet Service.

28. If there is any inconsistency or discrepancy between the English version and any Chinese version(s) of this Schedule, the English version shall prevail.

29. Unless expressly stated otherwise, all capitalised terms in this Schedule shall have the same meanings as those defined in the Conditions of Issue.

Octopus Cards Limited Licence Number: SVF0001