WELCOME TO CARDUP – Terms of Service
If you sign up for a personal account on https://www.cardup.hk these Terms of Service will form a binding contract between CardUp HK Limited (‘us’, ‘we’, ‘our’, etc.) and you, the service user (‘you’, ‘your’, etc.).
If you sign up for a business account on https://www.cardup.hk these Terms of Service will form a binding contract between us and that business (which, for convenience we will also refer to as ‘you’, ‘your’, etc.). You must not sign up for a business account unless you are authorised by the business to do so.
If you use our services as a guest, these Terms of Service will form a binding contract between CardUp HK Limited (‘us’, ‘we’, ‘our’, etc.) and you, the service user (‘you’, ‘your’, etc.), or the business you are authorised to conclude a contract for (which, for convenience we will also refer to as ‘you’, ‘your’, etc.).
You must not sign up for either a personal account or a business account on https://www.cardup.hk or use our services as a guest without creating an account with CardUp (via our “Guest Checkout” option), unless you are at least 18 years old. You must not impersonate any other person, operate under an alias or otherwise conceal your identity.
We reserve the right to close your CardUp account if you fail to comply with these Terms of Service.
We can change these Terms of Service at any time and from time to time at our discretion. We will notify you of any such changes by sending you an email to the email address for your account and/or by informing you of the change the next time you log in to your CardUp account.
If you continue to use the CardUp service by scheduling a payment after we have notified you of the change, you will be bound by the revised Terms of Service.
We intend to continually update and improve the functionality of the CardUp service in our sole discretion. Consequently, you acknowledge and agree that we may modify it, for example, to include new functionality and/or features and/or to delete existing functionality and/or features without the need to notify you in advance.
The CardUp service provided through https://www.cardup.hk enables you to make payments to various payees with a payment card that you hold that bears a brand shown on that website (such as Visa, Mastercard) and that you choose to use in conjunction with the CardUp service.
CardUp does not issue credit or payment cards, nor does it operate or manage a credit/debit card rewards program. It is up to you to know and understand the rewards programme associated with the payment card you choose to use in conjunction with the CardUp service.
This includes understanding any promotion offered by the issuer in connection with its rewards programme, including where we send a promotion or other code as part of a payment we make for you using the CardUp service. We cannot and do not take any responsibility for the rewards offered by your payment card issuer falling short of, or otherwise being different from your expectations.
5.2 We do not take responsibility for your rewards programme
Sometimes we include in our promotional material updates on changes to credit card bonus programmes and points calculators. To do this, we rely on our understanding of information provided to us by card issuers. We make reasonable efforts to keep all such marketing material and points calculators accurate and up to date.
However, we have no obligation to confirm with a payment card issuer that the information they have provided to us is complete, correct and up to date and that we have understood it correctly and completely. In addition, we have no obligation to find out about, or inform you about, any changes subsequently made by a payment card issuer to any programme that we include in our promotional material updates.
We disclaim any liability arising from any errors or omissions in the rewards programme information we provide to you and/or any liability arising from any changes made to a rewards programme by a payment card issuer.
6.1 Scheduling one-off payments using the CardUp service
You can choose to make a one-off payment using the CardUp service. To schedule a one-off payment you need to log into your CardUp account on our website at https://www.cardup.hk, go to ‘Schedule Payment’ and follow the instructions there. Whenever you schedule a payment your dashboard will show the date for that payment to be charged by us to the payment card you choose to nominate for the payment (the ‘Payment Charged Date’).
Whenever you want to make a one-off payment using the CardUp service you must schedule the payment not less than three (3) working days before the date you wish the payment to be with your recipient. If you choose to process the payment via our Next-Day payment speed, then you must schedule the payment not less than one (1) working day before the date you want the payment to be with your recipient. If the Payment Charged Date is after the date you log into your CardUp account and schedule a payment it is a ‘Pre-Scheduled Payment’.
6.2 Making one-off payments using the CardUp service
When you schedule a one-off payment (whether or not it is a Pre-Scheduled Payment) you are authorising us to, on the Payment Charged Date, obtain the following amounts from the payment card that you choose to nominate:
You can choose to schedule regular / recurring payments using the CardUp service. To schedule regular / recurring payments you need to follow the steps set out in clause 6.1 and also select their dates and frequency. Your dashboard will show you the Payment Charged Date for each of those payments.
Whenever you want to make regular / recurring payments using the CardUp service you must schedule the first payment not less than three working days before the date you wish the payment to be with your recipient. If you choose to process the payment via our Next-Day payment speed, then you must schedule the payment not less than one (1) working day before the date you want the payment to be with your recipient. If the Payment Charged Date for that first payment is after the date you schedule it then it is a Pre-Scheduled Payment. All of the subsequent regular / recurring payments are Pre-Scheduled Payments.
6.4 Making regular / recurring payments using the CardUp service
When you schedule regular / recurring payments you are:
6.5 Additional information to enable CardUp to make a payment
(a) When you schedule a payment using the CardUp service we will ask you for all the information we think we will need in order to make that payment to the payee / recipient for you. However, sometimes when we review that information and/or start to process the payment we discover and/or conclude at our sole discretion that we need or should obtain additional information and/or supporting documents for various operational reasons (for example, to identify the payment with certainty and/or to reconcile it). When this happens we will ask you by email or phone for such information and/or documents.
We will not make the scheduled payment for you on its Payment Charged Date unless and until you provide us with such additional information and/or supporting documents as we so request on or before that Payment Charged Date. Consequently, you should respond to any such request immediately to minimise any delay in us making the scheduled payment for you. CardUp reserves the right to cancel any scheduled payment for which the additional information and/or supporting documents have not been provided by the payment due date.
(b) In the unlikely event that we discover after the Payment Charged Date that there is some reason why in our sole discretion it would be unwise for us to make a payment for you using the CardUp service, including where it appears to us that you may have failed to comply with these Terms of Service, we reserve the right not to make the payment and to refund the amount of the payment and the CardUp Fee relevant to it to the payment card that you chose to nominate to us in connection with the payment.
(c) We disclaim any liability arising from any delay in making a payment that you have scheduled to be made using the CardUp service and/or arising from us not proceeding to make the scheduled payment at all where we seek additional information and/or supporting documents under paragraph (a) or we decide under paragraph (b) not to make the scheduled payment.
6.6 SMS reminder / confirmation about a Pre-Scheduled Payment
Whenever a payment is a Pre-Scheduled Payment (see clause 6.1 (one-off payments) and clause 6.3 (regular / recurring payments), we will typically send you an SMS three days before the Payment Charged Date for that payment confirming that CardUp will make the payment for you. CardUp is not responsible for any fees that your service provider charges for SMS, data services and other charges related to receiving SMS messages.
you can do so at any time before the Payment Charged Date (that is, typically within about 48 hours of receiving that SMS) by logging into your CardUp account and cancelling or amending, respectively, the Pre-Scheduled Payment. You may cancel or amend the payment at any time before the Payment Charged Date even if you do not receive the SMS for some reason.
Whenever you schedule a Pre-Scheduled Payment you must check your CardUp profile on https://www.cardup.hk and make sure that the mobile phone number included in your contact details is correct and up-to-date so that you will receive that SMS message from us.
6.7 Setting up a payment via guest checkout
Whenever CardUp makes a payment for you, CardUp will charge a fee (the ‘CardUp Fee’) that is calculated as a percentage of the amount of the payment you give us instructions to make. The percentage is stated on our website at https://www.cardup.hk and may vary from time to time.
By using the CardUp service to make a payment you accept and agree that, with one exception, the CardUp Fee will not be refundable under any circumstances. The exception arises if in the unlikely event, CardUp makes a payment in error (for example, if CardUp makes a duplicate payment due to a CardUp systems error – however, this would not apply for duplicate payments that were set up by you and processed according to your instructions).
7.2 Calculating the CardUp Fee and your acceptance of it
When you are scheduling a payment to be made using the CardUp service we will calculate the amount of the CardUp Fee and display it to you. You will have the option of not proceeding to schedule the payment if you do not agree to pay the CardUp Fee for that payment.
7.3 Your payment card statement
The CardUp Fee is in addition to the amount of the payment you schedule to be made using the CardUp service. However, the amount appearing on the statement for your payment card will add them together and show the total amount as ‘CardUp - <name of your payee>’, or another payment descriptor chosen by you.
Subject to the terms of these Terms of Service, you acknowledge to, and agree with us that:
In addition to the SMS described in clause 6.6 for Pre-Scheduled Payments, we will always send you a confirmation email once we have charged your card. You must notify us via ‘Contact us’ on https://www.cardup.hk immediately, but not later than one working day, if you think that we have made an error in charging the card – that is, if you think that the charge on your card did not comply with your instructions. We will investigate the situation urgently and respond to your claim in writing as soon as reasonably possible and, in any event, within five working days of receiving it from you.
8.2 Your responsibility for your username and password
You must protect your CardUp username and password and must not share your CardUp username and/or password with any other person. Consequently, you acknowledge to, and agree with us, that you are solely responsible for any payment that is scheduled using your username and password, whether or not:
8.3 Your responsibility for payment details provided to us
You must provide us with accurate, sufficient, and valid details when you schedule a payment using the CardUp service. Consequently, you acknowledge to, and agree with, us that you are solely responsible for:
8.4 Your decision to use the CardUp service to make a payment
Before you schedule a payment in accordance with clause 6.1 or 6.3 you are responsible for making sure that:
If you decide you do not want to make a Pre-Scheduled Payment, it is your responsibility to cancel it by logging into your CardUp account on https://www.cardup.hk , going to your dashboard and cancelling it before its Payment Charged Date. (For a Pre-Scheduled payment, we give you a final reminder when we send you the SMS described in clause 6.6 and a final opportunity to change your mind and cancel the payment before its Payment Charged Date)
If you decide you do not want to make a payment you have scheduled and it is not a Pre-Scheduled Payment, log into your CardUp account on https://www.cardup.hk , go to your dashboard and cancel it. If you are not able to do so (for example, because it is already the Payment Charged Date or after, or if you are using Guest Checkout) you should contact us by telephone immediately and we will assess the progress of the payment and cancel it for you if cancellation is still reasonably possible.
As a consequence of your responsibilities under clause 8, you acknowledge, confirm and agree that you do not have any right to, and will not, get or attempt to get the issuer of your payment card to charge back the amount of any payment made using the CardUp service on the basis that, e.g.:
9.2 No right to a refund from CardUp
Any contract between you and a payee in respect of any goods or services provided to you by the payee, or in respect of any payment obligation between you and a payee, is independent of these Terms of Service and is entirely between you and such payee. You acknowledge and agree that CardUp is acting only as an intermediary and is not a party to any transaction between you and the payee. You remain solely and fully responsible for the timely and complete fulfillment of all your obligations towards your payee (whether under contract or at law).
When you use the CardUp service to make a payment you do not have any right to require CardUp to provide you with a refund of the payment and you do not have any right to a refund of the CardUp Fee relating to the payment.
You may of course direct a refund request to the relevant payee / recipient. If the payee / recipient agrees to a refund, the payee / recipient might either pay the refund to your bank account directly or pay the refund to us. In that case, we will then apply the amount we receive from the payee / recipient to your payment card account.
9.3 Remedies available to CardUp
You acknowledge and agree that:
the breach may result in loss to us that may not be adequately compensated by payment of damages and that we are entitled to equitable relief, including enforcing our rights by specific performance or injunction proceedings.
We may ask the Court to order you to pay costs to us in connection with any such proceedings.
The CardUp service is designed and offered to you by us on the condition that you do not do any one or more or all of the following things:
You may request us to close your CardUp account at any time by contacting us at firstname.lastname@example.org.
Closing your CardUp account shall not affect your liability or obligations under these Terms of Service and closing or attempting to close your CardUp account will not have the effect of evading any investigation into you or your CardUp account or any matter related or connected to it and/or any payment(s) made by you using the CardUp service.
11.2 Involuntary termination by CardUp
We may, in our sole discretion, without any penalty or liability whatsoever, terminate these Terms of Service and our agreement with you, including closing your CardUp account, at any time, without prior notice to you if you fail to comply with these Terms of Service or we reasonably believe that you have failed to do so or we consider at our sole discretion that it is in our legitimate interest to do so.
11.3 Consequences of voluntary or involuntary termination
Closing your CardUp account as contemplated by clause 11.1 or termination of these Terms or Service and our agreement with you (collectively, ‘Termination’):
The CardUp service enables you to make payments and get benefits or rewards when you do so. However, we are not a bank, remittance agent or payment system as defined by the applicable laws.
When you schedule a payment there may be a gap between the time we receive the amount of the payment by obtaining it from the payment method that you nominate and the time we make payment to the payee / recipient. In any event, we will hold all amounts that we obtain from your nominated payment method in a bank account (a ‘Segregated Account’) that is separate from the bank account we use for our corporate operating expenses. We will then make the payment to the payee / recipient from the Segregated Account.
The funds held in the Segregated Account can only be used for making payments scheduled by you and such other users and not for any other corporate purposes. However, the funds in the Segregated Account do not include the CardUp Fees.
Our obligations as a trustee under any statute are excluded to the fullest extent allowed.
12.2 CardUp’s rights regarding payments made with the CardUp service
We reserve the right to impose limitations on the size, frequency and time frame of the payments we make on your instructions using the CardUp service. If we impose any such limitation we do not have to give you a reason for doing so.
We aim to make our service available to you on a 24/7 basis, but it may be temporarily unavailable to you sometimes. Where our website will be down for scheduled updates or maintenance, for example, our service will not be available. (Whenever it is reasonably feasible for us to do so, we will include a notification on our website in advance of that downtime whenever we expect it to be down for more than 12 hours.) Sometimes it may be down unexpectedly.
We do not accept any liability for any consequences of, for example, your inability to schedule a payment when our service is unavailable, irrespective of the reason why it is unavailable and irrespective of whether we have given you advance notice that we expect it to be down.
The CardUp website may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster of those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content, products or services of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. If you decide to access any External Sites, you do so at your own risk.
You agree to fully indemnify and hold us, our shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders, partners and employees (each an ‘Indemnified Party’) harmless from and against any and all claims, actions, proceedings and suits and all related liabilities, demands, damages, settlements, penalties, fines, costs and expenses (including losses attributable to any chargeback of a payment transaction, economic loss, accounting fees and court and legal costs assessed on a solicitor-client basis and other dispute resolution expenses) suffered or incurred by any Indemnified Party arising whether directly or indirectly from:
15.2 Limitation on liability
In no event shall we, our parent company, suppliers and our respective officers, directors, employees or agents be liable to you or any third party for any direct, indirect incidental, special, consequential or exemplary damages, whether foreseeable or no, under contract or tort, including damages for loss of profits, loss of business, revenue, use, data, money, goodwill reputation or other economic advantage, personal injury or property damage, even if we are aware of or advised of the possibility of the same, arising out of or in connection with our website at https://www.cardup.hk or the CardUp service (including your use and access thereof) or these Terms of Service.
Your use of the CardUp service is entirely at your own risk. If you are dissatisfied with any part of whole of the CardUp service, your sole remedy is to discontinue use of the CardUp service. Nothing in these Terms of Service shall limit or exclude our liability for any liability that cannot be excluded or limited by applicable laws.
In the event that we are liable for damages despite the provisions in these Terms of Service, you agree that no action, whatever its form, may be brought by you more than one year after the event which gave rise to your claim and, further, that our liability to you, if any, under any and all causes of action shall not exceed the CardUp fees paid by you to us for the CardUp transaction that gave rise to such claim.
15.3 Disclaimer of liabilities
Our website at https://www.cardup.hk and the CardUp service are provided to you ‘as is’, ‘as available’ and without any representation or warranty of any kind, whether express, implied or statutory, including any implied warranties of title, merchantability, satisfactory quality, fitness for a particular purpose, compliance with any description, non-infringement or any implied warranty arising from course of performance, course of dealing, usage of trade or otherwise, all of which are expressly disclaimed.
We do not guarantee continuous, uninterrupted, secure, error-free or virus-free access to any part of the CardUp service, and the operation of our website at https://www.cardup.hk may be interfered with by numerous factors outside of our control. We make no representations or warranties regarding the amount of time needed to complete the processing of any payment or delivery of payments to the payee / recipient. By using the CardUp service, you acknowledge and agree that internet transmissions are never completely private or secure and that it is possible that the data on the CardUp service can be mistakenly released, lost, hacked or accessed by unauthorised users. You understand that any content or information you upload or send using the CardUp service or make available to us through the CardUp service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
If for whatever reason you are dissatisfied with the CardUp service or have a complaint about it or us, you must send us written notice via ‘Contact Us’ on our website at https://www.cardup.hk to provide us with the opportunity of resolving it with you.
CardUp grants the User a limited, worldwide, non-exclusive, non-transferable, royalty-free licence for the term of this Agreement to use and reproduce CardUp’s Trade Marks for the purpose of performing its obligations under this Agreement, subject always to CardUp’s prior written approval of the specific form and manner of use.
"CardUp", "CardUp.co", all related logos, marks, symbols, words on the Website and the entire contents of the Website are either trademarks or registered trademarks that belong to CardUp or to its licensors. In addition, all content and materials on the Website, Website page headers, custom graphics, button icons, and scripts are CardUp’s copyrighted materials, service marks, trademarks or trade dress that belong to CardUp or its licensors. You may not copy, imitate or use any of the foregoing without CardUp’s prior written consent. If copying, redistribution or publication of copyrighted material is authorized by law, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice.You agree not to co-brand, frame, link or resell any portion of the services we provide you with.
16.3 Survival of clauses
The following clauses of these Terms of Service and all other terms which by their nature should survive, will survive the termination of the agreement formed by acceptance of these Terms of Service:
You may not transfer or assign any rights or obligations you have under the agreement formed by your acceptance of these Terms of Service without our prior written consent. We reserve the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
You agree that CardUp may provide notices to you by emailing them to the email address associated with your account. Such notice will be deemed to have been received on the next working day, unless we receive a notice of non-delivery. In that case, we mail send you notice by post to your last street or postal address known to us and still in our records.
You may send notices to us by email to our ‘Contact Us’ facility and they will be deemed to have been received on the next working day.
If any provision of the agreement formed by acceptance of these Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect.
Failure or neglect by us to enforce at any time any of the provisions of the agreement formed by acceptance of these Terms of Service shall not be construed or deemed to be a waiver of our rights under it, nor in any way affect the validity of the whole or any part of it or prejudice our right to take subsequent action.
16.8 Rights of third parties
A person or entity who is not a party to the agreement formed by acceptance of these Terms of Service shall have no rights under the Cap. 623 Contracts (Rights of Third Parties) Ordinance to enforce any term of this agreement, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.
16.9 Force majeure
We shall not be liable for any non-performance, error, interruption or delay in the performance of our obligations, the provision of the CardUp service (or any part thereof), the processing of any payments or in the operation of the CardUp service or our website at https://www.cardup.hk or any unavailability of the CardUp service, that is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control including, without limitation:
16.10 Entire agreement
The agreement formed by acceptance of these Terms of Service, together with information contained on our website at https://www.cardup.hk constitute the entire agreement and understanding between you and us with respect to the CardUp service.
16.11 Governing law
These Terms of Service, all matters relating to your use of our website at https://www.cardup.hk and all matters relating to the use of the CardUp service shall be governed by, and construed in accordance with, the laws of Hong Kong Special Administrative Region. By using the CardUp service you submit to the exclusive jurisdiction of the Courts of Hong Kong Special Administrative Region.