Common use of Rights of the Bank Clause in Contracts

Rights of the Bank. 12.1 Nothing in this Agreement shall affect a Bank’s right of set-off, transfer and application of monies at law or pursuant to any other agreement from time to time subsisting between the Bank and any Person. 12.2 Any credit to be given in respect of Charges will be applied by the Bank to the applicable Master Account or Card Account only after deduction of any costs (including but not limited to collection and remittance costs), if any, so incurred to the Bank for applying the credit. 12.3 The Bank is entitled (but not legally obliged): (a) to give effect to any instruction given by any Person to effect payment of sums due under this Agreement from another account with the Bank; (b) to set-off or transfer, at any time and without prior notice, any monies of whatever description standing in the books of the Bank to the credit of the Company whether held singly or jointly with others and whether in Hong Kong Dollars or any other currency in or towards discharge of the total amount debited to the Hong Kong Dollar Card Account of the Master Account or Card Account; and (c) to set-off or transfer, at any time and without prior notice, any monies of whatever description standing in the books of the Bank to the credit of a Cardholder, whether held singly or jointly with others and whether in Hong Kong Dollars or any other currency in or towards discharge of the total amount of Charges in the Hong Kong Dollar Card Account attributable to his own use of the Card. For the purpose of set-off of funds in any currency other than Hong Kong Dollars, the Bank may convert the currency into Hong Kong Dollars at the prevailing exchange rate determined by the Bank at the time of conversion. If the Bank exercises its rights under this Clauses 12.3(b) and 12.3(c), it shall promptly notify the Company or (as the case may be) the Cardholder to which such exercise of rights relates. (a) Where the Card Account is in credit, the Bank may (but is not obliged to), refund to the Cardholder or the Company a part or the whole of the credit balance in the Card Account upon request by the Cardholder or the Company or at any time that the Bank (in its sole and absolute discretion) chooses. (b) A refund under Clause 12.4(a) will be made upon such conditions as the Bank may reasonably impose including the manner in which the refund will be made.

Rights of the Bank. 12.1 Nothing in this Agreement shall affect a the Bank’s 's right of set-off, transfer and application of monies at law or pursuant to any other agreement from time to time subsisting between the Bank and any Person. 12.2 Any credit to be given in respect of Charges will be applied by the Bank to the applicable Master Account or Card Account only after deduction of any costs (including but not limited to collection and remittance costs), if any, so incurred to the Bank for applying the credit. 12.3 The Bank is entitled (but not legally obliged):obliged):- (a) to give effect to any instruction given by any Person to effect payment of sums due under this Agreement from another account with the Bank; (b) to set-off or transfer, at any time and without prior notice, any monies of whatever description standing in the books of the Bank to the credit of the Company Account Holder, whether held singly or jointly with others and whether in Hong Kong Dollars or any other currency in or towards discharge of the total amount debited to the Hong Kong Dollar Card Account of the Master Account or Card Account; and (c) to set-off or transfer, at any time and without prior notice, any monies of whatever description standing in the books of the Bank to the credit of a Cardholder, whether held singly or jointly with others and whether in Hong Kong Dollars or any other currency in or towards discharge of the total amount of Charges in the Hong Kong Dollar Card Account attributable to his own use of the a Card. For the purpose of set-off of funds in any currency other than Hong Kong Dollars, the Bank may convert the currency into Hong Kong Dollars at the prevailing exchange rate determined by the Bank at the time of conversion. If the Bank exercises its rights under this Clauses Clause 12.3(b) and 12.3(c), it shall promptly notify the Company or (Account Holder or, as the case may be) , the Cardholder to which such exercise of rights relates. (d) to assign a new Digital Card Account Number at an administrative fee to be charged to the Digital Card Account upon the Cardholder’s request and/or in case the Digital Card Account has been misused; and (e) to make available Services to the Cardholder by or via the use of the Card and/or the Digital Card Account Number on and subject to this Agreement and such other terms and conditions as the Bank may specify from time to time at its discretion. In case of conflict or inconsistency between any of such terms and conditions and this Agreement, such terms and conditions shall prevail. (a) Where the Card Account is in credit, the Bank may (but is not obliged to), refund to the Cardholder or the Company a part or the whole of the credit balance in the Card Account upon request by the Cardholder or the Company or at any time that the Bank (in at its sole and absolute discretion) chooses. (b) A refund under Clause 12.4(a) will be made upon such conditions as the Bank may reasonably impose including the manner in which the refund will be made. 12.5 The Bank shall not be responsible for the refusal of any merchant establishment to accept or honor the Card or the use of the Digital Card. Complaints by the Cardholder must be resolved by the Cardholder with the merchant establishment and no claims by the Cardholder against the merchant establishment may be the subject of set-off or counter-claim against the Bank.

Rights of the Bank. 12.1 Nothing in this Agreement shall affect a the Bank’s 's right of set-off, transfer and application of monies at law or pursuant to any other agreement from time to time subsisting between the Bank and any Person. 12.2 Any credit to be given in respect of Charges will be applied by the Bank to the applicable Master Account or Card Account only after deduction of any costs (including but not limited to collection and remittance costs), if any, so incurred to the such Bank for applying the credit. 12.3 The Bank is entitled (but not legally obliged):): - (a) to give effect to any instruction given by any Person to effect payment of sums due under this Agreement from another account with the Bank; (b) to set-off or transfer, at any time and without prior notice, any monies of whatever description standing in the books of the Bank to the credit of the Company whether held singly or jointly with others and whether in Hong Kong Dollars or any other currency in or towards discharge of the total amount debited to the Hong Kong Dollar Card Account of the Master Account or Card Account; and (c) to set-off or transfer, at any time and without prior notice, any monies of whatever description standing in the books of the Bank to the credit of a Cardholder, whether held singly or jointly with others and whether in Hong Kong Dollars or any other currency in or towards discharge of the total amount of Charges in the Hong Kong Dollar Card Account attributable to his own use of the Card. For the purpose of set-off of funds in any currency other than Hong Kong Dollars, the Bank may convert the currency into Hong Kong Dollars at the prevailing exchange rate determined by the Bank at the time of conversion. If the Bank exercises its rights under this Clauses 12.3(b) and 12.3(c), it shall promptly notify the Company or (or, as the case may be) , the Cardholder to which such exercise of rights relates. (a) Where the Card Account is in credit, the Bank may (but is not obliged to), refund to the Cardholder or the Company a part or the whole of the credit balance in the Card Account upon request by the Cardholder or the Company or at any time that the Bank (in its sole and absolute discretion) chooses. (b) A refund under Clause 12.4(a) will be made upon such conditions as the Bank may reasonably impose including the manner in which the refund will be made.

Rights of the Bank. 12.1 Nothing in this Agreement shall affect a the Bank’s 's right of set-off, transfer and application of monies at law or pursuant to any other agreement from time to time subsisting between the Bank and any Person. 12.2 Any credit to be given in respect of Charges will be applied by the Bank to the applicable Master Account or Card Account only after deduction of any costs (including but not limited to collection and remittance costs), if any, so incurred to the Bank for applying the credit. 12.3 The Bank is entitled (but not legally obliged): (a) to give effect to any instruction given by any Person to effect payment of sums due under this Agreement from another account with the Bank; (b) to set-off or transfer, at any time and without prior notice, any monies of whatever description standing in the books of the Bank to the credit of the Company Account Holder, whether held singly or jointly with others and whether in Hong Kong Dollars or any other currency in or towards discharge of the total amount debited to the Hong Kong Dollar Card Account of the Master Account or Card Account; and (c) to set-off or transfer, at any time and without prior notice, any monies of whatever description standing in the books of the Bank to the credit of a Cardholder, whether held singly or jointly with others and whether in Hong Kong Dollars or any other currency in or towards discharge of the total amount of Charges in the Hong Kong Dollar Card Account attributable to his own use of the a Card. For the purpose of set-off of funds in any currency other than Hong Kong Dollars, the Bank may convert the currency into Hong Kong Dollars at the prevailing exchange rate determined by the Bank at the time of conversion. If the Bank exercises its rights under this Clauses Clause 12.3(b) and 12.3(c), it shall promptly notify the Company or (Account Holder or, as the case may be) , the Cardholder to which such exercise of rights relates. (d) to assign a new Digital Card Account Number at an administrative fee to be charged to the Digital Card Account upon the Cardholder’s request and/or in case the Digital Card Account has been misused; and (e) to make available Services to the Cardholder by or via the use of the Card and/or the Digital Card Account Number on and subject to this Agreement and such other terms and conditions as the Bank may specify from time to time at its discretion. In case of conflict or inconsistency between any of such terms and conditions and this Agreement, such terms and conditions shall prevail. (a) Where the Card Account is in credit, the Bank may (but is not obliged to), ) refund to the Cardholder or the Company a part or the whole of the credit balance in the Card Account upon request by the Cardholder or the Company or at any time that the Bank (in at its sole and absolute discretion) chooses. (b) A refund under Clause 12.4(a) will be made upon such conditions as the Bank may reasonably impose including the manner in which the refund will be made. 12.5 The Bank shall not be responsible for the refusal of any merchant establishment to accept or honor the Card or the use of the Digital Card. Complaints by the Cardholder must be resolved by the Cardholder with the merchant establishment and no claims by the Cardholder against the merchant establishment may be the subject of set-off or counter- claim against the Bank.

Rights of the Bank. 12.1 Nothing in this Agreement shall affect a the Bank’s 's right of set-off, transfer and application of monies at law or pursuant to any other agreement from time to time subsisting between the Bank and any Person. 12.2 Any credit to be given in respect of Charges will be applied by the Bank to the applicable Master Account or Card Account only after deduction of any costs (including but not limited to collection and remittance costs), if any, so incurred to the Bank for applying the credit. 12.3 The Bank is entitled (but not legally obliged):obliged):- (a) to give effect to any instruction given by any Person to effect payment of sums due under this Agreement from another account with the Bank; (b) to set-off or transfer, at any time and without prior notice, any monies of whatever description standing in the books of the Bank to the credit of the Company Cardholder, whether held singly or jointly with others and whether in Hong Kong Dollars or any other currency in or towards discharge of the total amount debited to the Hong Kong Dollar Card Account of the Master Account or Card Account; and (c) to set-off or transfer, at any time and without prior notice, any monies of whatever description standing in the books of the Bank to the credit of a Cardholder, whether held singly or jointly with others and whether in Hong Kong Dollars or any other currency in or towards discharge of the total amount of Charges in the Hong Kong Dollar Card Account attributable to his own use of the a Card. For the purpose of set-off of funds in any currency other than Hong Kong Dollars, the Bank may convert the currency into Hong Kong Dollars at the prevailing exchange rate determined by the Bank at the time of conversion. If the Bank exercises its rights under this Clauses Clause 12.3(b) and 12.3(c), it shall promptly notify the Company or (as the case may be) the Cardholder to which such exercise of rights relates. (a) Where the Card Account is in credit, the Bank may (but is not obliged to), refund to the Cardholder or the Company a part or the whole of the credit balance in the Card Account upon request by the Cardholder or the Company or at any time that the Bank (in its sole and absolute discretion) chooses. (b) A refund under Clause 12.4(a) will be made upon such conditions as the Bank may reasonably impose including the manner in which the refund will be made.

Rights of the Bank. 12.1 Nothing in this Agreement shall affect a the Bank’s 's right of set-off, transfer and application of monies at law or pursuant to any other agreement from time to time subsisting between the Bank and any Person. 12.2 Any credit to be given in respect of Charges will be applied by the Bank to the applicable Master Account or Card Account only after deduction of any costs (including but not limited to collection and remittance costs), if any, so incurred to the Bank for applying the credit. 12.3 The Bank is entitled (but not legally obliged):obliged):- (a) to give effect to any instruction given by any Person to effect payment of sums due under this Agreement from another account with the Bank; (b) to set-off or transfer, at any time and without prior notice, any monies of whatever description standing in the books of the Bank to the credit of the Company Account Holder, whether held singly or jointly with others and whether in Hong Kong Dollars or any other currency in or towards discharge of the total amount debited to the Hong Kong Dollar Card Account of the Master Account or Card Account; and (c) to set-off or transfer, at any time and without prior notice, any monies of whatever description standing in the books of the Bank to the credit of a Cardholder, whether held singly or jointly with others and whether in Hong Kong Dollars or any other currency in or towards discharge of the total amount of Charges in the Hong Kong Dollar Card Account attributable to his own use of the a Card. For the purpose of set-off of funds in any currency other than Hong Kong Dollars, the Bank may convert the currency into Hong Kong Dollars at the prevailing exchange rate determined by the Bank at the time of conversion. If the Bank exercises its rights under this Clauses Clause 12.3(b) and 12.3(c), it shall promptly notify the Company or (Account Holder or, as the case may be) , the Cardholder to which such exercise of rights relates. (d) to assign a new Digital Card Account Number at an administrative fee to be charged to the Digital Card Account upon the Cardholder’s request and/or in case the Digital Card Account has been misused; and (e) to make available Services to the Cardholder by or via the use of the Card and/or the Digital Card Account Number on and subject to this Agreement and such other terms and conditions as the Bank may specify from time to time at its discretion. In case of conflict or inconsistency between any of such terms and conditions and this Agreement, such terms and conditions shall prevail. (a) Where the Card Account is in credit, the Bank may (but is not obliged to), refund to the Cardholder or the Company a part or the whole of the credit balance in the Card Account upon request by the Cardholder or the Company or at any time that the Bank (in at its sole and absolute discretion) chooses. (b) A refund under Clause 12.4(a) will be made upon such conditions as the Bank may reasonably impose including the manner in which the refund will be made. 12.5 The Bank shall not be responsible for the refusal of any merchant establishment to accept or honor the Card or the use of the Digital Card. Complaints by the Cardholder must be resolved by the Cardholder with the merchant establishment and no claims by the Cardholder against the merchant establishment may be the subject of set-off or counter- claim against the Bank.

Rights of the Bank. 12.1 Nothing in this Agreement shall affect a the Bank’s 's right of set-off, transfer and application of monies at law or pursuant to any other agreement from time to time subsisting between the Bank and any Person. 12.2 Any credit to be given in respect of Charges will be applied by the Bank to the applicable Master Account or Card Account only after deduction of any costs (including but not limited to collection and remittance costs), if any, so incurred to the Bank for applying the credit. 12.3 The Bank is entitled (but not legally obliged): (a) to give effect to any instruction given by any Person to effect payment of sums due under this Agreement from another account with the Bank; (b) to set-off or transfer, at any time and without prior notice, any monies of whatever description standing in the books of the Bank to the credit of the Company Cardholder, whether held singly or jointly with others and whether in Hong Kong Dollars or any other currency in or towards discharge of the total amount debited to the Hong Kong Dollar Card Account of the Master Account or Card Account; and (c) to set-off or transfer, at any time and without prior notice, any monies of whatever description standing in the books of the Bank to the credit of a Cardholder, whether held singly or jointly with others and whether in Hong Kong Dollars or any other currency in or towards discharge of the total amount of Charges in the Hong Kong Dollar Card Account attributable to his own use of the a Card. For the purpose of set-off of funds in any currency other than Hong Kong Dollars, the Bank may convert the currency into Hong Kong Dollars at the prevailing exchange rate determined by the Bank at the time of conversion. If the Bank exercises its rights under this Clauses Clause 12.3(b) and 12.3(c), it shall promptly notify the Company or (as the case may be) the Cardholder to which such exercise of rights relates. (a) Where the Card Account is in credit, the Bank may (but is not obliged to), refund to the Cardholder or the Company a part or the whole of the credit balance in the Card Account upon request by the Cardholder or the Company or at any time that the Bank (in its sole and absolute discretion) chooses. (b) A refund under Clause 12.4(a) will be made upon such conditions as the Bank may reasonably impose including the manner in which the refund will be made.

Rights of the Bank. 12.1 Nothing in this Agreement shall affect a the Bank’s 's right of set-off, transfer and application of monies at law or pursuant to any other agreement from time to time subsisting between the Bank and any Person. 12.2 Any credit to be given in respect of Charges will be applied by the Bank to the applicable Master Account or Card Account only after deduction of any costs (including but not limited to collection and remittance costs), if any, so incurred to the Bank for applying the credit. 12.3 The Bank is entitled (but not legally obliged):obliged):- (a) to give effect to any instruction given by any Person to effect payment of sums due under this Agreement from another account with the Bank; (b) to set-off or transfer, at any time and without prior notice, any monies of whatever description standing in the books of the Bank to the credit of the Company Account Holder, whether held singly or jointly with others and whether in Hong Kong Dollars or any other currency in or towards discharge of the total amount debited to the Hong Kong Dollar Card Account of the Master Account or Card Account; and (c) to set-off or transfer, at any time and without prior notice, any monies of whatever description standing in the books of the Bank to the credit of a Cardholder, whether held singly or jointly with others and whether in Hong Kong Dollars or any other currency in or towards discharge of the total amount of Charges in the Hong Kong Dollar Card Account attributable to his own use of the a Card. For the purpose of set-off of funds in any currency other than Hong Kong Dollars, the Bank may convert the currency into Hong Kong Dollars at the prevailing exchange rate determined by the Bank at the time of conversion. If the Bank exercises its rights under this Clauses Clause 12.3(b) and 12.3(c), it shall promptly notify the Company or (Account Holder or, as the case may be) , the Cardholder to which such exercise of rights relates. (a) Where the Card Account is in credit, the Bank may (but is not obliged to), refund to the Cardholder or the Company a part or the whole of the credit balance in the Card Account upon request by the Cardholder or the Company or at any time that the Bank (in its sole and absolute discretion) chooses. (b) A refund under Clause 12.4(a) will be made upon such conditions as the Bank may reasonably impose including the manner in which the refund will be made.

Rights of the Bank. 12.1 Nothing in this Agreement shall affect a the Bank’s 's right of set-off, transfer and application of monies at law or pursuant to any other agreement from time to time subsisting between the Bank and any Person. 12.2 Any credit to be given in respect of Charges will be applied by the Bank to the applicable Master Account or Card Account only after deduction of any costs (including but not limited to collection and remittance costs), if any, so incurred to the Bank for applying the credit. 12.3 The Bank is entitled (but not legally obliged): (a) to give effect to any instruction given by any Person to effect payment of sums due under this Agreement from another account with the Bank; (b) to set-off or transfer, at any time and without prior notice, any monies of whatever description standing in the books of the Bank to the credit of the Company Account Holder, whether held singly or jointly with others and whether in Hong Kong Dollars or any other currency in or towards discharge of the total amount debited to the Hong Kong Dollar Card Account of the Master Account or Card Account; and (c) to set-off or transfer, at any time and without prior notice, any monies of whatever description standing in the books of the Bank to the credit of a Cardholder, whether held singly or jointly with others and whether in Hong Kong Dollars or any other currency in or towards discharge of the total amount of Charges in the Hong Kong Dollar Card Account attributable to his own use of the a Card. For the purpose of set-off of funds in any currency other than Hong Kong Dollars, the Bank may convert the currency into Hong Kong Dollars at the prevailing exchange rate determined by the Bank at the time of conversion. If the Bank exercises its rights under this Clauses Clause 12.3(b) and 12.3(c), it shall promptly notify the Company or (Account Holder or, as the case may be) , the Cardholder to which such exercise of rights relates. (a) Where the Card Account is in credit, the Bank may (but is not obliged to), refund to the Cardholder or the Company a part or the whole of the credit balance in the Card Account upon request by the Cardholder or the Company or at any time that the Bank (in its sole and absolute discretion) chooses. (b) A refund under Clause 12.4(a) will be made upon such conditions as the Bank may reasonably impose including the manner in which the refund will be made.