User's Terms & Conditions

TNG USERS’ TERMS AND CONDITIONS

1. TERMS AND CONDITIONS

These Terms and Conditions are effective from [14 February 2017] for all customers.

2. INTRODUCTION

2.1 These Terms and Conditions are a legally binding agreement between you (as TNG’s customer), and TNG (Asia) Limited (“TNG”), the owner and operator of the TNG Wallet (“TNG Wallet”) or any product / consumer item incorporating its technology and / or any electronic wallet incorporating its technology, which will be referred to as “TNG,” “TNG Wallet,” “TNG Account” or “TNG System” below, in respect of the use of your TNG Wallet. “TNG Wallet” and “TNG Account” shall have the same meaning and be used interchangeably in these terms and conditions. By using TNG Wallet, you agree to be bound by these Terms and Conditions.

2.2 These Terms and Conditions explain TNG’s obligations to you and yours to TNG. While they apply to all TNG’s main services, they may be complemented or changed by particular terms and conditions for certain services which you may use. You agree that you have no claim against TNG for any statement which is not explicitly set out in these Terms and Conditions.

2.3 In these Terms and Conditions, the following words and expressions shall, where the context permits, have the following meaning:

  1. (a) “Authorised Add Value Service Provider” is a Service Provider (defined below) that TNG has authorised to offer the service of adding value to your TNG Wallet in return for cash or other consideration;
  2. (b) “Authorised Cash Withdrawal Service Provider” is a Service Provider (defined below) that TNG has authorised to offer the service of cash withdrawal from your TNG Wallet;
  3. (c) “Deposit” is a sum of money or value in your TNG Wallet which has been set aside by TNG (if any) and notified to you, as a security deposit for providing TNG Wallet services to you; and
  4. (d)“Service Provider” means any bank, financial services company, money changer (bureau de change), transport operator, retailer, entertainment / recreation facilities provider, sports establishment, educational establishment, building access control provider, unattended service (such as vending machine / kiosk / photo booth / telephone booth) or other parties which offer their services to you with respect to your TNG Wallet, and are approved by TNG. These Service Providers should display the TNG acceptance logo clearly.

2.4 Your Deposit and all the value stored on your TNG Wallet shall, to the extent not paid to TNG (for its own account), you or another person in accordance with these Terms and Conditions, be “Client Money” which TNG shall hold in one or more account(s) (the “Trust Account(s)”) opened by TNG with one or more bank(s) licensed by the Hong Kong Monetary Authority.

2.5 The Client Money in each of the Trust Account(s) shall be held by TNG on trust for you and TNG’s other customers pursuant to a declaration of trust by TNG in favour of you and TNG’s other customers.

2.6 You agree that: -

  1. (a) TNG may retain for its own account all interest accruing or accrued on each of the Trust Account(s); and
  2. (b) TNG may use any Client Money recorded in TNG’s records as owned by you, by debiting the same to any of the Trust Accounts(s) and transferring the debited amount to any account of TNG with any bank, for the purpose of paying to TNG any amount which these Terms and Conditions require you to pay to TNG by way of a fee or reimbursement of expense or for any other purpose.

2.7 All Client Money recorded in TNG’s records as referable to a specific mobile telephone number shall be deemed to be owned, at any time, by (i) the person who at that time is recorded in the relevant mobile telephone network operator’s records as the customer in respect of that number (for a contract customer) or (ii) the person whom TNG identifies as the purchaser of the SIM card referable to that number, from the proof of purchase, or if such proof cannot be produced, in such other way as TNG determines to be appropriate (for a customer linked to a prepaid SIM card).

3.GENERAL

3.1 TNG offers a non-physical TNG Wallet with full TNG functionalities which can be accessed through the downloadable TNG mobile app. TNG shall be entitled to assume that any instruction to deal with any Client Money belonging to you which is (i) received by TNG through the TNG mobile app and (ii) appears to TNG to have been generated by a person having access to the mobile telephone number which TNG’s records associate with you, is an instruction given by you and can accordingly be acted on by TNG, whether or not such instruction was actually given by you or any other person beneficially entitled to Client Money recorded by TNG as belonging to you.

3.2 The TNG System provides you, if you are the owner of a valid TNG Wallet, with the ability to pay for certain goods and services using the value stored in your TNG Wallet where you see the TNG acceptance logo at one of TNG’s Service Providers.

3.3 A Service Provider can be identified by their clear display of the TNG acceptance logo. Please contact the Service Provider or TNG if the Service Provider does not accept your TNG Wallet as payment for their goods / services.

3.4 The Service Providers 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. TNG has no responsibility for the Service Providers’ goods and / or services and you should direct any enquiries relating to these matters to the relevant Service Provider.

3.5 Under normal circumstances, TNG will make reasonable efforts to ensure that the TNG System is operating, but TNG cannot guarantee that a Service Provider will be able to accept a TNG 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 TNG’s control.

3.6 TNG reserves the right to charge a reasonable fee for any of the TNG payment service and other services TNG provides to you.

3.7 You may also transfer money using the value stored on your TNG Wallet to other TNG Wallets, or receive transfer of money from another TNG Wallet. TNG accepts no responsibility for any dispute arising from such money transfers between you and any transferee, or between you and any transferor, save for technical malfunctions of the TNG System which caused errors in such transfers, in which case, you should contact TNG in accordance with Condition 9 immediately.

3.8 TNG may offer rewards, promotions or special offers (collectively, “Promotions”) from time to time. Such Promotions are subject to terms and conditions imposed by TNG relating to the Promotions, and TNG reserves the right to final decision in the event of any disputes or disagreements.

4. OBTAINING AND USING YOUR TNG WALLET

4.1 To use TNG’s service, you will need to download the TNG mobile app from Apple App Store or Google Play Store:

  1. (a) The TNG Wallet will be paired with the mobile device and the SIM card therein used to download the app;
  2. (b) Users must provide a valid Hong Kong mobile phone number;
  3. (c) Verification of download and registration will be conducted through both the unique device identity number and the SIM card used; and
  4. (d) Each mobile device and each SIM card can only be used once for registration of a TNG Account.

4.2 A valid TNG Account means a genuine TNG Wallet or product:

  1. (a) which has not been tampered with; and
  2. (b) which you have lawfully downloaded.

4.3 Upon TNG’s request, you are required to provide us with one or more of the following documents:

  1. (a) copy of your ID card or passport;
  2. (b) copy of a valid form of proof of residential address, such as a mobile phone or pay TV statement issued within the last 3 months, a recent utility bill issued within the last 3 months or a bank statement issued within the last 3 months; and
  3. (c) any other information or document as TNG reasonably requires in order to comply with all applicable anti-money laundering and counter-terrorist financing laws, rules, regulations, codes, guidelines and circulars and TNG’s policies and procedures.

4.4 Your TNG Wallet may not be used to conduct a transaction if there is a positive balance remaining value in your TNG Account but the remaining value is insufficient for an intended transaction.

4.5 TNG may, from time to time, impose limitations on the maximum allowable amount for transactions (including for discreet / individual transactions or a series of transactions in aggregate) over any given period of time in compliant with TNG’s internal procedures to satisfy any rules, statutes, legislation or orders governing stored value facility providers or to comply with any anti-money laundering and counter-terrorism financing regulations and legislation, including the Anti-Money Laundering and Counter-Terrorist Financing (Financial Institutions) Ordinance (“AMLO”) and the Payment Systems And Stored Value Facilities Ordinance (“PSSVFO”).

4.6 The current annual transaction limits are as follows:

  1. (a) For Normal members: HKD 25,000 per annum;
  2. (b) For VIP members: HKD 100,000 per annum; and
  3. (c) For Super VIP (“SVIP”) members: Unlimited.

5. ADDING VALUE TO AND WITHDRAWAL FROM YOUR TNG WALLET

5.1 You are solely responsible for ensuring the safekeeping of your login ID, password and transaction PIN, and for keeping these confidential, to prevent unauthorised use of your TNG Wallet.

5.2 In order to be able to make payments using the TNG System, you will need to add value to your TNG Wallet by presenting cash or other accepted payment to an Authorised Add Value Service Provider or by such other means as determined and announced by TNG from time to time. TNG may charge you a reasonable fee for the provision of the add value services. Authorised Add Value Service Providers will only offer to add value to your TNG Account above a minimum amount and in multiples of an amount which will be determined and announced by TNG from time to time.

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

5.4 Please refer to TNG’s Schedule of Fees and Guidelines, and notices at any Authorised Add Value Service Provider for details on charges, add value limits and the time taken for funds to reach your TNG Wallet after adding value (fund availability period). If you add value to your TNG Wallet through credit card transfer, Jetco ATM machines and / or internet banking, you should ensure that you have sufficient credit limit and / or cash balance to complete such add value transactions. TNG will not be held liable for any charges imposed on you by your bank or credit card issuer for carrying out such add value transactions.

5.5 Value added to your TNG Account may be withdrawn at any time. TNG reserves the right to charge you a reasonable fee for withdrawal. Withdrawal will be effected through any of TNG’s Authorised Cash Withdrawal Service Providers or through a transfer of the withdrawn amount to your designated bank account and such transfer is subject to delay as a result of bank operational issues beyond TNG’s control.

5.6 TNG stored value, points or any value in whatever form awarded by TNG or TNG merchants as incentive for purchases are valid only for future purchases and cannot be withdrawn as cash.

6. MAXIMUM AMOUNT OF STORED VALUE

6.1 Your TNG Wallet can store up to a maximum amount which TNG may notify you from time to time. TNG may, from time to time, impose limitations on the amount of stored value in any TNG Account or for any given period of time in compliant with TNG’s internal procedures and to comply with the AMLO, the PSSVFO or other similar or related legislations in Hong Kong.

6.2 The current maximum stored value balances at any point in time are as follows:

  1. (a) For Normal members: HKD 3,000;
  2. (b) For VIP members: HKD 50,000; and
  3. (c) For SVIP members: HKD 100,000.

7. YOUR OBLIGATIONS IN USING YOUR TNG WALLET

7.1 You should take good care of your TNG Wallet to prevent it from unauthorised use or from being tampered with.

7.2 You must not use, or allow anyone to use, your TNG Wallet for any illegal purposes.

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

7.4 You must not tamper with the TNG Wallet (including, but not limited to, the software, applications, functions, features and the data recorded on the TNG Wallet) in any way. TNG shall not honour transactions, or refund any remaining value or the deposit, if applicable, if your TNG Wallet has been tampered with.

7.5 You should not use your TNG Wallet in any manner inconsistent with these Terms and Conditions or in any manner which would result in complaints, disputes, claims, penalties or other liability to TNG, other users or third parties or cause TNG to breach or not comply in full with any applicable laws, regulations and rules, or act fraudulently or maliciously.

7.6 You should only use your TNG Wallet for personal purposes and must not use your TNG Wallet for commercial purpose, for example, to derive income, whether for direct commercial or monetary gain or otherwise.

7.7 You should not use your TNG Wallet in a way that could damage, disable, overburden, impair or compromise the services that TNG provides to you, TNG’s systems or security or interfere with other uses.

7.8 TNG has the right to recover reasonable costs, expenses, losses and damages suffered or incurred by TNG as a result of your altering or interfering, or allowing a third party to alter or interfere, with the data on your TNG Wallet.

7.9 TNG will ask you for co-operation with TNG and, if appropriate, the police, in investigating any possible or suspected unauthorised use, or in resetting your TNG Wallet if it is hacked or tampered with, or if TNG has reasonable grounds to suspect suspicious behaviour or usage pattern, or as required by prevailing law.

7.10 TNG’s staff and authorised representatives of TNG’s approved Service Providers shall have the right to inspect your TNG Wallet, including the data in that TNG Wallet, at any reasonable time.

8. PROPER USE OF YOUR TNG WALLET

8.1 TNG 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 TNG Wallet.

8.2 You must not disclose your login ID, password and transaction PIN to anyone. If you suspect that there has been an unauthorised transaction, unauthorised access to your TNG Wallet, or your password has been compromised, you must contact TNG immediately by telephone on +852 3951 6268 or email at cs@tng.asia. Before you have disabled lost cards/compromised password and/or reported to TNG of any unauthorised transactions, you shall bear any loss suffered by you as a result of such unauthorised transactions.

8.3 You must ensure that your name, mobile number and other details provided to us are correct and up to date and notify TNG as soon as there are changes to such information by telephone on +852 3951 6268 or email at cs@tng.asia.

8.4 If you lose your mobile device, you must immediately notify TNG by telephone on +852 3951 6268 or by email at cs@tng.asia.

8.5 Any direct communication by TNG to you shall only be made through TNG’s email at cs@tng.asia. Any message made on behalf of TNG to you through any other means is not reliable.

8.6 Should you need to lodge any complaints or make any reports in relation to the use of your TNG Wallet, please contact TNG by telephone on +852 3951 6268 or email at cs@tng.asia.

9. MALFUNCTION

If your TNG Wallet malfunctions due to no fault of yours and you have not tampered with it in any way, you should contact the Customer Support Department at TNG by email at cs@tng.asia or by telephone on +852 3951 6268.

10. CANCELLATION OF YOUR TNG WALLET

10.1 You may cancel your TNG Wallet if it malfunctions, as described in this Condition 10, or at anytime and apply for a refund by effecting withdrawal in accordance with the terms governing withdrawal in Condition 5 herein.

10.2 The Deposit (if applicable) and the remaining value stored in the TNG Wallet (if any, and subject to terms governing withdrawal in Condition 5 herein) will be refunded to you in full except in the following situations when TNG may deduct a reasonable amount to cover:

  1. (a) any negative remaining value on your TNG Wallet;
  2. (b) a handling fee;
  3. (c) the cost of resetting your TNG Wallet (if applicable); and
  4. (d) any other amounts including fees outstanding for TNG services.

10.3 TNG reserves the right to recover, cancel or suspend your TNG Wallet or any of TNG’s services at any time without specifying the reasons, but TNG will take reasonable steps to minimise any inconvenience caused to you. You may be required to present your TNG Wallet for inspection in the manner as may be notified by TNG. TNG will refund to you the Deposit (if applicable), and remaining value (if any), subject to terms governing withdrawal in Condition 5 herein.

10.4 In determining the Deposit and / or the remaining value to be refunded to you, the records held by TNG shall be treated as conclusive evidence of the amount of the Deposit and / or the remaining value except for any manifest error on TNG’s part.

10.5 TNG is provided for use in payment, transfer of money and related services. TNG reserves the right to request information (including personal data), investigate (for which TNG may charge a reasonable fee) and decline at TNG’s sole discretion multiple, high value or repeated purchase / refund requests from an individual or organisation.

10.6 TNG stored value, points or other forms of rewards or incentives awarded by TNG or TNG merchants as incentive for purchases are valid only for future purchases and cannot be withdrawn as cash.

11. INACTIVE TNG WALLETS

If you have not added value to your TNG Wallet for a period announced by TNG from time to time, TNG will, for your own and TNG’s protection, deem your TNG Wallet to be no longer in use, and TNG will deactivate your TNG Wallet. If you want to re-activate your TNG Wallet subsequently, TNG may charge you a reasonable fee for the re-activation. Further details are set out in TNG’s Schedule of Fees and Guidelines, which can be obtained from TNG’s website at https://www.tng.asia.

12. PERSONAL INFORMATION COLLECTION STATEMENT RELATING TO YOU (THIS “NOTICE”) IN ACCORDANCE WITH THE PERSONAL DATA (PRIVACY) ORDINANCE (THE “ORDINANCE”)

12.1 The Ordinance governs the collection, holding, processing and use of your personal data and other information that TNG may collect from time to time (the “Data”). The Data shall include transactional records (meaning the transaction data which TNG receives from TNG readers and / or from other channels in respect of the use of your TNG Wallet) to the extent that those transactional records are “personal data” under section 2(1) of the Ordinance. This Data is to enable TNG to provide the TNG Wallet and other related services to you. Further information is set out in TNG’s Privacy Policy located at https://www.tng.asia and this Notice is the basis upon which TNG collects, holds, processes and uses the Data.

12.2 Purpose: You agree that your Data may be used by TNG for:

  1. (a) processing an application for TNG services offered to you from time to time;
  2. (b) TNG and/or any Service Provider to provide services to you;
  3. (c) management, operation and maintenance of the TNG System, including audit, and exercising TNG’s and your rights under these Terms and Conditions;
  4. (d) designing new or improving existing services provided by TNG, and TNG’s subsidiaries and affiliates (that is, TNG’s direct holding company and its subsidiaries);
  5. (e) communication by TNG to you;
  6. (f) investigation of complaints or suspected suspicious transactions (whether in relation to a TNG Wallet or product carrying or incorporating a TNG Wallet), and research for service improvement;
  7. (g) prevention or detection of crime; and
  8. (h) disclosure as required by law, rules, regulations, codes or guidelines.

12.3 Transfer: Your Data will be kept confidential by TNG, but you agree that for the purposes set out herein, TNG may transfer or disclose such Data to the following parties within the Hong Kong Special Administrative Region (“Hong Kong”) (except that the parties set out in Conditions 12.3(a) and (b) below may be located outside Hong Kong):

  1. (a) TNG’s agents or contractors under a duty of confidentiality to TNG who provide administrative, telecommunications, computer, payment, data processing or other services to TNG in connection with the operation of TNG’s business (such as professional advisors, call centre service providers, debt collection agencies (in the event you owe TNG any money), courier, gift redemption centres or data entry companies);
  2. (b) Any Service Provider which owes a duty of confidentiality to TNG;
  3. (c) TNG’s subsidiaries and / or its affiliates which owe a duty of confidentiality to TNG; and
  4. (d) Any law enforcement agencies and / or regulatory bodies for compliance with applicable laws, rules, regulations, codes and / or guidelines and / or any person or entity to whom TNG, its subsidiaries and / or affiliates are under a binding obligation to make disclosure under the requirements of any law, rule, regulation, code and / or guideline and / or order of any competent court of law, law enforcement agencies and / or regulatory bodies, but such disclosure will only be made under proper authority.

12.4 Access: You have the right to:

  1. (a) check whether TNG holds your Data and to have access to that Data;
  2. (b) require TNG to correct any Data which is inaccurate; and
  3. (c) ascertain TNG’s policies and practices in relation to the Data and to be informed of the kind of Data held by TNG.

12.5 TNG reserves the right to charge you a reasonable fee for complying with any request for access to your Data.

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

The Data Protection Officer
TNG (Asia) Limited
9/F Olympia Plaza
255 King's Road
North Point
Hong Kong

13. TRANSACTION RECORDS

The transaction records of your TNG Wallet will be safely kept by TNG. Transaction records mean all the transaction data which TNG receives from its system, TNG readers and / or from other channels in respect of the use of your TNG Wallet. The transaction records could be provided upon your request (administrative fee will be charged) through phone, email and / or other channels. TNG will only disclose any of your transaction records to:

  1. (a) the relevant Service Providers which are under a duty of confidentiality to TNG;
  2. (b) satisfy a search warrant or an order by a competent court of law or a relevant regulatory body that TNG is required to comply;
  3. (c) any other parties which are under a duty of confidentiality to TNG, in order for TNG to maintain the normal management, operation and maintenance of the TNG payment system;
  4. (d) any agents, contractors or third party service providers which are under a duty of confidentiality to TNG and which provide administrative, telecommunications, computer, payment, data processing or other services to TNG in connection with the operation of its business; or
  5. (e) any other person under a duty of confidentiality to TNG including its subsidiaries, affiliates or its business partners for the purposes outlined in this Condition 13.

14. NEW AND ADDITIONAL SERVICES

14.1 TNG may provide you with new or additional services associated with your TNG Wallet 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.

14.2 Bill payment services:

  1. (a) Bill payment services to merchants are or may be provided as a concierge-type service to you for your convenience;
  2. (b) Please refer to TNG’s Schedule of Fees and Guidelines for details on charges and the time required for settlement for such bill payment services;
  3. (c) You need to ensure adequate and accurate information is provided (e.g., payment instruction reference number etc.) to ensure payments will be made correctly;
  4. (d) You need to ensure adequate time is provided for TNG’s concierge bill payment services to be processed before the actual payment due date. TNG will not be liable for any penalty or extra charges imposed on you by the merchant for payments not being made before due date; and
  5. (e) TNG reserves the right to reject any bill payment instruction if your TNG Wallet does not have sufficient balance to fulfil any bill payment, or if your TNG Wallet is not valid / active at the time of the bill payment processing. TNG will notify you of any rejected payment as soon as practicable and your TNG Wallet would not be charged for the bill payment sum instructed by you. TNG reserves the right to impose a reasonable administration charge for any payment rejection.

14.3 VIP Passes:

  1. (a) All VIP passes purchased using your TNG Wallet are subject to the specific terms and conditions of the merchant offering the VIP passes (“Participating VIP Pass Merchants”);
  2. (b) Participating VIP Pass Merchants will be responsible for providing the related goods / services;
  3. (c) No refund will be offered for any unused VIP pass upon expiry;
  4. (d) TNG does not warrant or guarantee the quality, merchantability or fitness for purpose, of goods / services sold / offered by Participating VIP Pass Merchants; and
  5. (e) If any Participating VIP Pass Merchant ceases to carry on business before the expiry of the VIP pass for the consumption of goods / services provided by that Participating VIP Pass Merchant, you may obtain a refund from TNG for any unused pass.

14.4 Tickets, Vouchers and Coupons:

  1. (a) All tickets, vouchers and coupons purchased and / or collected using your TNG Wallet are subject to the specific terms and conditions of the merchant offering such tickets, vouchers and coupons (“Participating Ticketing Merchants”);
  2. (b) Participating Ticketing Merchants will be responsible for providing the related goods / services;
  3. (c) No refund will be offered for any unused ticket, voucher or coupon upon expiry;
  4. (d) TNG does not warrant or guarantee the quality, merchantability or fitness for purpose, of goods / services sold / offered by Participating Ticketing Merchants; and
  5. (e) Subject to the terms and conditions of the Participating Ticketing Merchants, certain tickets, vouchers and coupons are only valid upon presentation through TNG Wallet by the owner of the device housing the TNG Wallet.

14.5 Make Money:

  1. (a) You will be directed to a third party application, “Make Money” once you have confirmed to open the “Make Money” application;
  2. (b) The third party service providers (the “Participating Stored Value Merchants”) will be responsible for providing the promotion tasks and stored value rewards;
  3. (c) Any TNG stored value awarded by Participating Stored Value Merchants is valid only for future purchases and cannot be withdrawn as cash;
  4. (d) TNG has no responsibility for the promotion tasks that are not related to TNG and stored value rewards provided by Participating Stored Value Merchants;
  5. (e) TNG does not warrant or guarantee the quality. reliability or suitability of the services made available, advertised or linked through our services or stored value rewards awarded by Participating Stored Value Merchants, and TNG bears no responsibility for your use of or relationship with any such services; and
  6. (f) You may be requested to provide Data directly to the Participating Stored Value Merchants for the promotion tasks and are recommended to read these Terms and Conditions and our Privacy Policy and the specific terms and conditions and the privacy policy of the Participating Stored Value Merchants prior to the provision of such Data. For further information regarding our handling of personal information, please refer to our Privacy Policy (https://www.tng.asia/privacy).

14.6 Bus Pass:

  1. (a) No transaction PIN is required when you use the bus pass to pay bus fare;
  2. (b) TNG reserves the right to reject any payment instruction if your TNG Wallet or your bus pass reserve does not have sufficient balance to fulfil any payment, or if your TNG Wallet or your bus pass reserve is not valid / active at the time of payment processing; and
  3. (c) The bus pass reserve allows you to pay the bus fare with offline payment by TNG Wallet once. If you need to pay the bus fare again with offline payment, you need to ensure that the mobile network is in service for the synchronisation process before you are able to pay the bus fare offline.

14.7 Fast Payment:

  1. (a) No transaction PIN is required when you make a payment by the “Fast Payment” method;
  2. (b) TNG reserves the right to reject any payment instruction if your TNG Wallet does not have sufficient balance to fulfil any payment, or if your TNG Wallet is not valid / active at the time of payment processing;
  3. (c) Making an order and/or payment through TNG Wallet does not create a contract between you and TNG for the supply of any product or services. The payment service provided by TNG System is solely a payment service that you can use to instruct TNG to pay a merchant on your behalf;
  4. (d) TNG does not warrant or guarantee the quality, merchantability, fitness, reliability for purpose, of goods / services sold / offered by any merchant; and
  5. (e) TNG may, from time to time, impose limitations on the maximum allowable amount for transactions in compliance with TNG’s internal procedures and where applicable, the AMLO, the PSSVFO or other similar or related legislations in Hong Kong.

The current maximum transaction limits are as follows:

  1. (i) Maximum amount per transaction: HKD 1,000; and
  2. (ii) Maximum amount per day: HKD2,500.

14.8 Merchant Dollar:

  1. (a) All coupons purchased and / or collected using your TNG Wallet are subject to the specific terms and conditions of the merchant offering such coupons (“Coupon Issuers”);
  2. (b) Each of the Coupon Issuers will be responsible for providing the related goods / services;
  3. (c) No refund will be offered for any unused coupon upon expiry;
  4. (d) TNG does not warrant or guarantee the quality, merchantability or fitness for purpose, of goods / services sold / offered by Coupon Issuers; and
  5. (e) Subject to the terms and conditions of the Coupon Issuers, certain coupons are only valid upon presentation through TNG Wallet by the owner of the device housing the TNG Wallet.

15. PEER-TO-PEER (“P2P”) TRANSFER

  1. (a) You are solely responsible for ensuring that you have entered the correct information for conducting any P2P transfer;
  2. (b) TNG will not be held liable for any loss suffered by you through P2P transfer to the wrong transferee due to incorrect input by you of the transferee information; and
  3. (c) TNG may, from time to time, impose limitations on the amount of P2P transfer (individually or in aggregate) or the frequency of transfers (to one or more TNG Accounts) undertaken by you for any given period of time in compliant with TNG’s internal procedures and to comply with the AMLO, the PSSVFO or other similar or related legislations in Hong Kong and Mainland China.

16. DONATION

16.1 Users are responsible for inputting the correct amount that they intend to donate to the designated organisations.

16.2 Tax deductible receipts will only be issued if the donation amount is HK$100 or above.

16.3 Users are responsible for ensuring that correct information is given for the issue of the tax deduction receipt.

16.4 Personal information collected will be passed to the designated organisation and only for the purpose of issuing tax receipts. For further information regarding our handling of personal information, please refer to our Privacy Policy (https://www.tng.asia/privacy).

17. CASH WITHDRAWAL

17.1 The maximum amount available for cash withdrawal each day will be the lower of: (i) the balance available in the user’s wallet; and (ii) HK$50,000.

17.2 TNG’s cash withdrawal agent may impose further limits and restrictions on the cash amount available for withdrawal from time to time. Users should make enquiries with the cash withdrawal agent should they wish to find out more about such further limits and restrictions.

17.3 All cash withdrawal amounts will be subject to an administration fee of 1.5% of the cash withdrawal amount, subject to adjustments (including rebates, subsidies, rewards, etc.) from time to time.

17.4 Users are responsible for ensuring that the cash withdrawal agent has deducted the correct requested cash withdrawal amount from the users’ wallet and the accurate amount of cash withdrawal sum is received.

18. GLOBAL REMITTANCE AND GLOBAL BILL PAYMENT

18.1 Users may instruct TNG to effect a remittance or bill payment from time to time. TNG has the right to refuse an instruction to effect a remittance or bill payment without giving any reason. If TNG accepts an instruction, it has the right to send the remittance or bill payment either in words or in code.

18.2 TNG is not responsible for any of the following:

  1. (a) Any loss, delay, error, omission or alteration of the message which may occur in its transmission;
  2. (b) Any misinterpretation of the message by the recipient;
  3. (c) Any exchange control or restriction which may be imposed by applicable regulations of the countries receiving the remittance and any loss or delay to you arising therefrom or in connection with such control or restriction;
  4. (d) Any charge which may be imposed by a correspondent or beneficiary bank or any other bank; and
  5. (e) Any charge which may be charged by overseas merchants to you due to any delay of settlement.

18.3 When a remittance or bill payment is being effected, there may be a currency conversion if the beneficiary account is in a currency that is different from the remitting currency.

18.4 A remittance instruction may not be processed on the same day if TNG does not receive your instruction before the relevant cut-off time set by TNG. A remittance instruction is subject to the following:

  1. (a) The cut-off time of the place where payment is to be received;
  2. (b) The funding arrangement requirements of the settlement banks; and
  3. (c) The availability of the relevant services.

This may include the availability of the clearing system of the applicable currency or the location of the correspondent or beneficiary bank.

18.5 Even if TNG has accepted a remittance or instruction, TNG has the right to refuse to process or effect payment without giving you notice, if we are of the reasonable opinion that the following (or any of them) occur:

  1. (a) Any information given about the instruction is incorrect, incomplete or unclear;
  1. (b) The instruction or processing of the instruction would be a breach of any applicable regulation; or
  2. (c) You have specified additional instructions or requests relating to the remittance which are not acceptable to us.

18.6 In processing a remittance instruction, we may be required by applicable regulations concerning anti-money laundering and anti-terrorist financing activities to disclose personal data or other information about you. This may include the originating account number, your name, address, date of birth, personal identity document number and other unique references. You expressly authorise:

  1. (a) TNG to make the required disclosure to any correspondent or beneficiary bank, the payee or any regulatory or investigative authority as we may consider appropriate; and
  2. (b) each correspondent or beneficiary bank to make the required disclosure to any other correspondent or beneficiary bank, the payee or any regulatory or investigative authority as that correspondent or beneficiary bank considers appropriate.

18.7 TNG has the right to deduct any charge imposed by a correspondent or beneficiary bank from the payment amount or any of your TNG Wallet account with us.

18.8. Whilst TNG will endeavour to communicate to the beneficiary bank any payment condition you specify in a remittance or instruction, we have no obligation to check or verify the satisfaction of such condition before effecting payment. You irrevocably authorise TNG to effect payment at your own risk.

18.9 You should ensure that the beneficiary account information / merchant information provided to TNG is correct and complete.

18.10 You agree to be held wholly responsible for any harm, loss, claim, demand, liability or expense (including reasonable legal fees) that TNG may suffer, directly or indirectly, as a result of your breach of contract or warranty, wilful act or omission, misrepresentation, negligence in relation to, or in association with, your access and / or use and / or in relation to your submission and accuracy of your user information and data.

19. GLOBAL SIM TOP-UP

19.1 Users may instruct TNG to top-up from time to time. TNG has the right to refuse any top-up request without giving reason.

19.2 Whenever you provide us information for the Global SIM Top-up Service, you agree to provide true, accurate, current and complete information.

19.3 A top-up may not be processed on the same day if TNG does not receive it before the relevant cut-off time set by us. A top-up is subject to the following (or any of them):

  1. (a) The cut-off time of the place where top-up is to be received;
  2. (b) The funding arrangement requirements of the settlement banks (if any); or
  3. (c) The availability of the relevant services by the correspondent mobile network operator.

This may mean that your account is debited before the top-up is received.

19.4. Certain exchange control or restriction which may be imposed by applicable regulations. TNG is not liable for any loss or delay to you arising from or in connection with such control or restriction.

19.5 Top-up amounts are not exchangeable or convertible into cash.

19.6 Certain mobile network operator may impose certain restrictions on TNG to adhere to their recommended retail prices and / or foreign currency exchange rates. You acknowledge your agreement to adhere to these restrictions, recommended retail prices and / or foreign currency exchange rates.

19.7 In processing the top-up requests, TNG may be required by applicable regulations concerning anti-money laundering and anti-terrorist financing activities to disclose personal data or other information about you. This may include the originating account number, your name, address, date of birth, personal identity document number and other unique references. You expressly authorise TNG to make the required disclosure to any competent authority as we may consider appropriate.

19.8 TNG is not responsible and will not offer any refund for any loss you may incur in case of mistyping the recipient’s telephone number (including country code), choosing the incorrect operator or entering any incorrect information.

19.9 TNG reserves the right to change, modify or discontinue, temporarily or permanently, the Global SIM Top-up, at any time without notice.

19.10 You agree to be held wholly responsible for any harm, loss, claim, demand, liability or expense (including reasonable legal fees) that TNG may suffer, directly or indirectly, as a result of your breach of contract or warranty, wilful act or omission, misrepresentation, negligence in relation to, or in association with, your access and / or use and / or in relation to your submission and accuracy of your user information and data.

20. FOREIGN EXCHANGE

20.1 Users may make a purchase of foreign currency from time to time through TNG Wallet. The minimum amount for each purchase of foreign currency shall be HKD 500 worth of the foreign currency purchased.

20.2 Once users make a purchase, it cannot be modified or cancelled.

20.3 Users have to select an outlet when making a purchase and have to collect the foreign currency(ies) purchased within three (3) calendar days at pre-selected outlet.

20.4 If users fail to collect foreign currency(ies) they purchased within three (3) calendar days, the purchase will be cancelled. Users will be refunded the foreign currency as exchanged in HKD based on the exchange rate at the time of cancellation, in addition to an incurring HKD 200 administration fee.

20.5 The foreign exchange service is provided by third party service providers. The service providers reserve the right to perform the necessary verification, either by law or internal control, before collection of foreign currency(ies).

20.6 The third party service provider is fully responsible for all customer service in connection with the supply of its foreign exchange service.

20.7 You agree to be held wholly responsible for any harm, loss, claim, demand, liability or expense (including reasonable legal fees) that TNG may suffer, directly or indirectly, as a result of your breach of contract or warranty, wilful act or omission, misrepresentation, negligence in relation to, or in association with, your access and / or use and / or in relation to your submission and accuracy of your user information and data.

21. Liability

21.1 TNG is not responsible for, and has no liability to you for the quality, safety, legality or any other aspect of goods or services you purchase with your TNG Wallet.

21.2 TNG is not responsible for the lawfulness, accuracy or reliability of any content submitted to, transmitted or displayed by or linked by TNG’s services provided by other users of TNG’s services or by TNG’s advertisers. You agree to comply with any terms and conditions in relation to any third party content and services on TNG’s services.

21.3 TNG is not liable to you for any losses, including any indirect or consequential losses, you suffer or costs you incur because (i) you are unable to access or use your TNG Wallet for any reason or there is a delay in its use; (ii) you did not receive any SMS notifications in a timely manner; and (iii) there is a failure to provide any service caused by any third party service providers including merchants, Service Provider and software providers, unless such losses or costs are the results of TNG’s gross negligence, fraudulent act or wilful default.

21.4 TNG is not liable to you for the delay in performing, or failure to perform, any of TNG’s obligations under these Terms and Conditions, if such delay or failure results from events, circumstances or causes beyond TNG’s reasonable control, including suspending or revocation of TNG’s 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.

22. FEES AND CHARGES

TNG’s fees and charges are available on TNG’s website or from TNG’s Authorised Distributors. For details, please refer to TNG’s Schedule of Fees and Guidelines which can be obtained from TNG’s website at https://www.tng.asia.

23. CHANGES IN THESE TERMS AND CONDITIONS

23.1 TNG may amend these Terms and Conditions from time to time by publishing a notice of the change(s) and posting an updated version on TNG’s website https://www.tng.asia and/or by providing you notice of amendments when you log into your TNG Wallet .

23.2 The change(s) shall take effect on the date of publishing such notice and posting an updated version of these Terms and Conditions on TNG’s website https://www.tng.asia, or when you accept an upgrade or update of your TNG mobile wallet upon logging on, whichever is earlier.

23.3 The change(s) will apply to you unless your TNG Wallet is cancelled before the change(s) take(s) effect.

23.4 Each time you use TNG’s services via your TNG Wallet / TNG Account you confirm that you agree to be bound by these Terms and Conditions as may be amended from time to time. If you do not agree to these Terms and Conditions, as amended, you must stop using TNG’s services.

23.5 A copy of the latest version of these Terms and Conditions is available on TNG’s website https://www.tng.asia or from TNG’s designated Authorised Distributors upon request.

24. Transfer

24.1 You may not delegate, assign or transfer these Terms and Conditions or any rights or obligations under these Terms and Conditions, without our prior consent.

24.2 TNG may freely assign, transfer or sub-contract these Terms and Conditions or TNG’s rights and obligations under these Terms and Conditions, in whole or in part, without your prior consent or notice.

25. Third Party Rights

Other than TNG’s subsidiaries, affiliate companies and any assigns of TNG, no other person who is not a party to these Terms and Conditions has any right under the Contracts (Rights of Third Parties) Ordinance (Chapter 623, the Laws of Hong Kong) to enforce any of these Terms and Conditions and/or benefit of these Terms and Conditions.

26. GOVERNING LAW

These Terms and Conditions shall be governed by the laws of Hong Kong. You irrevocably consent to the exclusive jurisdiction of the courts of Hong Kong and waive any jurisdictional, venue or inconvenient forum objections to such courts.

If there is any inconsistency between English and Chinese version, English version shall prevail.