Terms and Conditions for Biometric Service
1.
These Terms and Conditions (the “Terms”) apply to and regulate your use of the Bank Biometric Service provided by Bank of China (Hong Kong) Limited – Ho Chi Minh City Branch (the “Bank”).
2.
The Bank Biometric Service is provided as part of the Mobile Banking Service, and accordingly, these Terms supplement, are in addition to and shall be read in conjunction with General Account Terms and Conditions, the Terms and Conditions for Mobile Banking Service and other relevant documents.
3.
In the event of any conflict or inconsistency, these Terms shall prevail in relation to any matter concerning the Bank Biometric Service to the extent of such conflict or inconsistency.
4.
You must accept and agree to these Terms before you are able to use the Bank Biometric Service. If you do not accept these Terms, please stop accessing or using the Bank Biometric Service. By agreeing and accepting these Terms, you acknowledge and agree that you have successfully registered for or activated the Bank Biometric Service.
5.
The Bank Biometric Service is a service where you may use your face identification or fingerprint registered on a your mobile device in lieu of your Mobile Banking Service username and password as a security code to confirm your identity to access the Bank’s Mobile Banking services. If you have other people’s faces identification and/or fingerprints registered on your mobile device, they will be able to access the Bank’s Mobile Banking services on your mobile device as well.
6.
The Bank Biometric Service is only available to customers using mobile devices with face identification and/or fingerprint features and which are face identification and/or fingerprint registered.
7.
You acknowledge and agree that in order to use the Bank Biometric Service, you have to meet these following requirements fully:
a.
be a customer of the Bank and have a valid user of our Mobile Banking service;
b.
have the Mobile Banking App installed on your mobile device;
c.
have the face identification and/or fingerprint functions activated on your mobile device and at least one of your face identifications and/or your fingerprints registered on such mobile device;
d.
register for the Bank Biometric Service by logging into the Mobile Banking App using your Mobile Banking username and password to choose the applicable face identification and/or fingerprint stored on your mobile device to be used to access the Bank’s Mobile Banking Service; and
e.
comply with these Terms, including any their amendments and other relevant documents thereto that the Bank may in our discretion make from time to time.
Upon successful registration, you may use the Bank Biometric Service to access the Mobile Banking App on your mobile device through face identification and/or fingerprint as an alternative to your Mobile Banking username and password.
8.
You may still choose to access the Mobile Banking App by using your Mobile Banking username and password.
9.
You can deactivate the Bank Biometric Service at any time using the left navigation menu of the Mobile Banking App once you are signed in.
10.
If you inform us that the security of your face identification and/or fingerprint or username/password has been compromised, the Bank may require you to change the user name/password, re-register your face identification and/or fingerprint or cease the use of the Bank Biometric Service.
11.
You acknowledge and agree that, for the purposes of the Bank Biometric Service, the Mobile Banking App will be accessing the face identification and/or fingerprint registered in your mobile device, and you hereby consent to the Bank and any other Bank of China Group members accessing and using such information for the provision of the Bank Biometric Service.
12.
The Bank reserves the right to impose such charges or to revise at any time such charges for the use of the Bank Biometric Service at our sole discretion and all charges may be announced by being declared publicly or by displaying a notice thereof on the Bank’s premise, and such charges or revisions shall take effect from the date stated in such notice. Where you continue to use the Bank Biometric Service after such notice, you shall be deemed to have agreed to and accepted such charges or revisions.
13.
You understand the need to protect your mobile device and shall be responsible for all use of your mobile device (whether authorised by you or otherwise) to access the Bank Biometric Service. You are advised not to register any other person’s face identification and/or fingerprint(s) in your mobile device or to allow such face identification and/or fingerprint(s) to be used to access the Mobile Banking App, and the Bank shall not be held responsible for any such access or any losses or damages incurred by you as a result of such access authorised by you.
14.
You acknowledge and agree that the Bank expressly excludes any guarantee, representation, warranty, term or undertaking of any kind, whether express or implied, statutory or otherwise, relating to or arising from the use of the Bank Biometric Service, including but not limited to:
a.
whether the Bank Biometric Service will always meet your requirements; or
b.
whether the Bank Biometric Service will be accessible at all times, or function with any electronic equipment, software, infrastructure or other electronic banking services that the Bank may offer from time to time; or
c.
whether your use of the Bank Biometric Service will be uninterrupted, timely, secure and/or free from error.
15.
You acknowledge and agree that, to the extent permitted under applicable law, the Bank shall not be liable to you for any and all losses, liabilities, costs, expenses, damages, claims, actions or proceedings of any kind whatsoever (whether direct, indirect or consequential) in respect of any matter of whatever nature and howsoever arising (whether in contract, tort, negligence or otherwise) in connection with:
a.
the provision by the Bank of or your use of the Bank Biometric Service;
b.
any unauthorised access and/or use of your mobile device;
c.
the use in any manner and/or for any purpose by any person at any time and from time to time of any information or data:
ii.
transmitted through your use of the Bank Biometric Service; and/or
iii.
obtained through your use of the Bank Biometric Service;
d.
any event the occurrence of which the Bank is not able to control or avoid by the use of reasonable diligence; and/or
e.
the suspension, termination or discontinuance of the Bank Biometric Service.
16.
The Bank shall not be liable and you agree to indemnify the Bank and keep the Bank indemnified against any consequences, claims, proceedings, losses, damages or expenses (including all legal costs on an indemnity basis) whatsoever and howsoever caused that may arise or be incurred by the Bank in providing the Bank Biometric Service, whether or not arising from or in connection with and including but not limited to the following:
a.
any improper or unauthorised use of the Bank Biometric Service by you, or any improper use of your mobile device (whether authorised by you or otherwise);
b.
any act or omission by any third party (including any relevant mobile or internet service provider);
c.
any delay or failure due to your or any other parties intention or omission in any transmission, despatch or communication facilities;
d.
any illegal access (or inability or delay in accessing) and/or any illegal use of the Bank Biometric Service; or
e.
any breach by you of these Terms.
17.
You understand that the face identification and/or fingerprint feature of your mobile device is not provided by the Bank and the Bank is not responsible for its use or function. Accordingly, the Bank makes no representation or warranty of any kind relating to the face identification and/or fingerprint feature of any mobile device (including whether it works in the way that the manufacturer of such mobile device represents).
18.
To the extent that any of the limitations set out above are not permitted by law, the Bank's liability to you arising from or in respect of your use of the Bank Biometric Service, whether in contract, tort (including negligence or breach of statutory duty) or otherwise for any and all losses, damages or liabilities caused; or arising from or in relation to the Bank's provision of the Bank Biometric Service and/or under or relating to these Terms shall not exceed the fees and charges received by the Bank from you in respect of your use of the Bank Biometric Service.
19.
You acknowledge that the Bank has the right to change, restrict, vary, suspend or modify these Terms by providing you with prior notice in such manner as the Bank deem fit.
20.
These Terms shall be governed by and construed in accordance with Vietnam law, and you irrevocably agree to submit to Vietnam International Arbitration Centre at the Vietnam Chamber of Commerce and Industry (VIAC) in accordance with its Rules of Arbitration. The place of arbitration shall be Ho Chi Minh City. The language to be used in arbitral proceedings shall be Vietnamese.
21.
If there are differences in meaning between the English and the Vietnamese version of the Terms, the Vietnamese version shall prevail.