ShopBack Financial Services Hong Kong Limited ("ShopBack") provides ShopBack Pay to you in Hong Kong. Payments made via ShopBack Pay will be processed by third-party payment service providers, card schemes, issuing institutions and/or e-wallet service providers (as applicable).
This Agreement may be translated into other languages (including Chinese). In the event of any inconsistency or conflict between the English version and the Chinese version (whether in Simplified or Traditional Chinese), the English version shall prevail.
1. ShopBack Pay – Services
1.1 Pursuant to these terms and conditions ("Terms and Conditions"), ShopBack grants you the right to access and use the ShopBack platform, enabling you (among other things) to purchase products from our merchant partners and to make payments (among other things) by scanning a Quick Response ("QR") code ("ShopBack Pay").
2. Eligibility
2.1 To be eligible to use ShopBack Pay, you must:
(a) be an individual and not a company, partnership, or other commercial or non-commercial entity;
(b) be at least 18 years of age at the time you submit any order;
(c) have a valid email address;
(d) have a mobile phone number issued by a Hong Kong telecommunications operator; and
(f) have a valid payment method that can be used for payment on the ShopBack platform (e.g., a credit/debit card, or other payment methods that may be made available in the app from time to time).
2.2 Your eligibility will be assessed and determined each time you submit an order, and if at any time you do not meet the eligibility requirements set out in Clause 2.1, ShopBack reserves the right to refuse, suspend, or terminate the provision of ShopBack Pay; you shall have no recourse or right of appeal against such decision.
3. Transaction Verification
3.1 For any order, ShopBack will carry out the following checks and assessments:
(a) checks and verification in relation to merchant eligibility, risk exposure limits, product risk, and other matters relating to the merchant and the transaction;
(b) real-time checks and verification of your eligibility to conduct the transaction;
(c) real-time checks and verification of your credentials, device, relationship with other ShopBack users, and other historical data; and
(d) an assessment of purchase limits based on the order amount and other risk factors related to the transaction.
Each order will only be accepted and recorded if ShopBack is satisfied with the results of the above checks and assessments.
4. Verification, Checks and Risk Assessment
4.1 All orders are subject to ShopBack's assessment and ShopBack's discretion, and ShopBack reserves the right to reject an order in the following circumstances:
(a) where ShopBack has reason to suspect or knows that you may have breached or seriously breached these Terms and Conditions;
(b) where you and/or the merchant fail to meet any of ShopBack's verification, checks and assessment requirements;
(c) where the relevant merchant requests that the order be rejected; in such case, ShopBack shall not be responsible for such rejection, and if you have any questions, you should contact the relevant merchant directly;
(d) where you have exceeded, or by submitting the order will exceed, the transaction limit;
(e) where the merchant related to the order has exceeded, or by the order will exceed, its risk exposure limit (as determined by ShopBack in its sole discretion);
(f) where ShopBack suspects or knows that you or the merchant has suspicious activity on the ShopBack platform, and/or where ShopBack is required to reject the order to comply with applicable laws and/or regulations (including without limitation anti-money laundering ("AML") or counter-terrorist financing related laws);
(g) where ShopBack suspects or knows that the merchant and/or its systems relating to the order have been or may have been compromised, or where rejection is required for other security reasons; or
(h) for any other reason in ShopBack's sole and absolute discretion.
5. Using ShopBack Pay by Scanning a QR Code
5.1 If you choose to submit an order using ShopBack Pay by scanning a QR code, without limiting the generality of this Clause 5:
(a) the merchant will provide you with a QR code specific to the store at which you place your order;
(b) you must scan the QR code;
(c) when prompted by the system, you must correctly and accurately enter the full order amount in the ShopBack app (including any applicable taxes, service charges and surcharges). The order amount you enter will be the sole basis for calculating the payment amount. Any input error will be governed by Clause 9.1(d) below;
(d) after entering the order amount, you must review the following information displayed in the ShopBack app:
(i) the total order amount; and
(ii) the payment method you have selected.
After reviewing the items set out in Clause 5.1(d), you must click or swipe in the ShopBack app to complete the payment to confirm that you authorize such payment; relevant details will be available in your account.
5.2 ShopBack may, at its discretion, impose an overall spending limit on orders.
6. Payment Processing
6.1 You may make payments to third parties (e.g., merchants) via ShopBack Pay ("Payment Services"). By using the Payment Services, you agree that ShopBack may use all information provided by you to ShopBack in the course of using the Payment Services (including personal and billing information) ("Payment Instructions"). You acknowledge and agree that you are solely responsible for ensuring that your Payment Instructions are correct, complete and accurate in all respects, and you understand that processing Payment Instructions takes time. The Payment Instructions you provide will be deemed final and ShopBack is not required to verify the Payment Instructions with you. Further, by providing Payment Instructions to ShopBack, you agree to pay or allow ShopBack (and/or the relevant payment service providers) to deduct from your payment method any fees and charges (if any) related to the Payment Instructions.
6.2 For the avoidance of doubt, ShopBack provides the Payment Services only as an intermediary/payment agent to facilitate payment to third-party merchants. All feedback and complaints regarding the products you purchase should be directed to the relevant merchant. You may make payments or purchases using funds from your selected payment method.
6.3 You may view your ShopBack Pay transaction history in the app.
7. Cashback
7.1 Any "cashback" you may receive through the use of ShopBack Pay is a loyalty reward to encourage the use of ShopBack Pay. It is not legal tender and does not earn interest.
7.2 Any cashback in your ShopBack account may be used to offset eligible purchases made via ShopBack Pay, subject to ShopBack's general terms of use.
8. Octopus Payment
8.1 Octopus payment is only available for merchants participating in ShopBack Pay.
8.2 If you choose "Octopus" as the payment method for ShopBack Pay, you will be redirected to the Octopus App to complete the payment. You may select one of the following payment methods in the Octopus App (depending on what is supported by Octopus and your device):
(a) an Octopus card in Apple Pay/Google Pay/Samsung Pay (e.g., Smart Octopus or Octopus on iPhone);
(b) an Octopus Wallet; or
(c) a physical Octopus card (tap via NFC), where supported (the app will prompt you when to tap your card).
8.3 Your use of Octopus (including the Octopus App, Octopus Wallet and any Octopus card/tokenized form) is subject to Octopus's terms and conditions. ShopBack does not control the Octopus services and is not responsible for the availability, security or performance of Octopus.
9. Your Responsibilities
9.1 You must:
(a) use your ShopBack account in accordance with this Agreement and in all circumstances in a responsible and lawful manner. You must not use your ShopBack account to purchase any goods or services that are illegal or unlawful in nature, or use it in any manner that violates any AML laws;
(b) to the maximum extent permitted by law, cooperate with ShopBack if ShopBack, any third party, or any legal, governmental or regulatory authority conducts an investigation into any order, payment or matters relating to your account;
(c) be solely responsible for having the relevant system requirements and/or devices necessary to use and operate QR codes (otherwise you may not be able to use the ShopBack platform); and
(d) when using the ShopBack platform via the ShopBack app in-store, be solely responsible for entering the correct order amount. You acknowledge and agree that ShopBack is not responsible for any loss, damage, costs or expenses arising from any inaccuracy in the order amount you enter; and any difference or overpayment resulting from such inaccuracy must be settled directly between you and the merchant (including potentially via a reversal or refund).
9.2 You acknowledge and agree that:
(a) products ordered online via the ShopBack platform may not be returned to a physical store for a refund; such refunds may only be processed online. Products ordered in-store may not be eligible for online refunds; and
(b) products from online orders may be delivered to you by the merchant at its physical store, subject to the merchant's policies in effect at the time.
10. Disputes, Reversals and Refunds
10.1 Disputes. If any dispute arises between you and the merchant:
(a) you acknowledge that the merchant is solely responsible for handling all disputes, complaints, concerns and other issues you raise in relation to the merchant order;
(b) you must contact the merchant directly to raise the dispute;
(c) you should notify ShopBack of the dispute so that ShopBack is aware and can take appropriate action; and
(d) if you are unable to resolve the dispute with the merchant, you may raise it with ShopBack, and ShopBack will in good faith use reasonable efforts to assist where feasible (but is under no obligation to do so).
10.2 Reversals. If a reversal occurs:
(a) the merchant must submit the reversal request to ShopBack within the timeframe specified by ShopBack from time to time;
(b) the merchant is responsible for notifying you if it is unable to fulfil any order;
(c) subject to the terms and conditions agreed between you and the merchant for the purchase of products, the merchant may not provide the products in the affected order to you; and
(d) the reversal will be returned to your relevant selected payment method (as applicable) by way of reversal/void/refund, and will be reflected in your account, subject to third-party processing times and rules.
10.3 Refunds. If a refund occurs:
(a) you are responsible (and ShopBack assumes no responsibility in this regard) for notifying the merchant of any refund request, and for complying with the merchant's refund procedures and any statutory requirements related to such refund procedures;
(b) the merchant must submit the refund request to ShopBack within the timeframe specified by ShopBack from time to time; and
(c) a refund (full or partial) approved by the merchant will be returned to your original payment method, and your account will be updated to reflect the refund after the relevant payment processor, issuing institution or e-wallet provider has completed processing.
10.4 For the avoidance of doubt, ShopBack is under no obligation to contact any person or seek a refund or reversal on your behalf or on behalf of the merchant.
10.5 You agree that, in relation to disputes, reversals or refunds (whether pursuant to these Terms and Conditions or otherwise), ShopBack is not responsible and shall have no liability for any actions or omissions of the merchant or ShopBack; and ShopBack will not be liable for any loss, liability, costs or expenses incurred by you arising from ShopBack taking or not taking such actions.
10.6 Upon receipt of a reversal or refund request, ShopBack will process such request within a reasonable time in accordance with these Terms and Conditions and applicable third-party processing practices. In this regard, you acknowledge and agree that any reversal/refund amount to be returned to your selected payment method is subject to processing methods beyond ShopBack's control, and you shall not hold ShopBack liable for any direct or indirect delay caused by any financial institution, payment processor, e-wallet provider or their agents in relation to your selected payment method.
11. Disclaimer
11.1 You acknowledge and agree that ShopBack shall not be liable if ShopBack is unable to complete any Payment Instructions initiated by you for any reason beyond ShopBack's control, or if the information you provided is incomplete and/or incorrect or becomes incomplete and/or incorrect.
11.2 Subject to Clause 11.1, if an incorrect amount is deducted due to ShopBack's error and differs from the amount you instructed, you agree that your sole remedy is the return of the incorrectly deducted amount to your payment method (as applicable), subject to verification and applicable third-party rules.
11.3 ShopBack may restrict any or all services available to you under these Terms and Conditions and ShopBack's general terms of use. ShopBack reserves the right, in its sole discretion, to refuse or cancel any transaction, including where it has reason to believe that the transaction is unauthorized, violates any law, rule or regulation, or may expose ShopBack or any of its affiliates to liability.
11.4 You are responsible for all ShopBack Pay transactions made through your account (whether or not authorized, known or agreed by you), except as otherwise required by applicable law and/or mandatory card scheme/network/provider rules.
12. Complaints and Dispute Resolution
12.1 If you wish to make a complaint regarding ShopBack Pay, please contact us via the Help Centre in the app and provide transaction details, date and any supporting materials.
12.2 You must notify us as soon as reasonably practicable of any erroneous, unauthorized or disputed payment. To facilitate timely investigation under applicable card scheme/network/provider rules, please raise the issue within 30 days from the transaction date or the date you became aware of the issue (whichever is earlier).
13. Acceptable Use
13.1 You must not use ShopBack Pay for any illegal activities, or for any prohibited activities set out in ShopBack's general terms of use (which are incorporated into these Terms and Conditions by reference). If you breach this clause, ShopBack may suspend or terminate your access to the ShopBack platform.
14. Unauthorized Transactions and Error Handling
14.1 You must properly safeguard your account credentials, device and one-time passwords, and take reasonable measures to prevent unauthorized use of your account.
14.2 If you suspect any unauthorized transaction, account compromise or error, you must immediately notify us via the Help Centre in the app. We may suspend your account or specific features during the investigation.
14.3 We will use reasonable efforts to investigate reported issues and update you. The outcome may be determined by applicable laws and card scheme/network/provider rules, and may require cooperation from your issuing institution/bank or e-wallet provider.
15. Relationship with ShopBack's General Terms of Use
15.1 These Terms and Conditions govern only your use of ShopBack Pay. For all other matters (including your ShopBack account, app/website use, and privacy), ShopBack's general terms of use apply and are incorporated into these Terms and Conditions by reference. If there is any inconsistency, these Terms and Conditions shall prevail only in relation to the payment mechanism of ShopBack Pay; ShopBack's general terms of use shall prevail in relation to all other matters.