Terms and Conditions for the use of the BOC Biometric Service
A. Introduction
1.
These terms and conditions (the “Terms”) apply to and regulate your use of the BOC Biometric Service provided by Bank of China (Hong Kong) Limited, Phnom Penh Branch (“BOC” or the “Bank”).
2.
The BOC Biometric Service is provided as part of the Bank’s Electronic Banking Service, and accordingly, these Terms, are in addition to and shall be read in conjunction with the Bank’s General Terms and Conditions Governing Accounts, the Terms and Conditions Governing Electronic Banking Services and such other terms and conditions as may be expressly stated in these terms.
3.
In the event of any conflict or inconsistency, these Terms shall prevail in relation to any matter concerning the BOC 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 BOC Biometric Service. If you do not accept these Terms, please stop accessing or using the BOC Biometric Service. By agreeing to and accepting these Terms, you acknowledge and agree that you have successfully registered for or activated the BOC Biometric Service.
5.
The BOC Biometric Service is a service where you may use your fingerprint and/or face identification registered on your mobile device in lieu of your Personal Mobile Banking username and password as a Security Code to confirm your identity to access the Bank’s Personal Mobile Banking service. If you have other people’s fingerprint and /or face identifications registered on your mobile device, they will be able to access the Bank’s Personal Mobile Banking service on your mobile device as well.
6.
You agree that the Bank may treat and consider as valid and binding on you any instruction given, or agreement made with the Bank, which is authenticated without the Bank’s further inquiry as to the authority or identity of the person making or purporting to give such instructions or to make such agreement or their authenticity notwithstanding any error, misunderstanding, fraud, forgery or lack of clarity in the authorization.
7.
You acknowledge and agree that in order to use the BOC Biometric Service, you will need to:
a.
be a customer of the Bank and a valid user of our Personal Mobile Banking Service;
b.
have a Mobile Banking App installed on your mobile device through an official source;
c.
have the fingerprint and/ or face recognition functions activated on your mobile device and at least one of your fingerprint and/ or face identifications registered on such mobile device;
d.
register for the BOC Biometric Service by logging into the Mobile Banking App using your Personal Mobile Banking username and password, and choosing the applicable fingerprint and /or face identification stored on your mobile device to be used to access the Bank’s Personal Mobile Banking Service; and
e.
comply with these Terms, including any amendments thereto that the Bank may in our discretion make from time to time.
Upon successful registration, you may use the BOC Biometric Service to access the Mobile Banking App on your mobile device through fingerprint and/ or face identification, an alternative to your Personal Mobile Banking username and password.
8.
You may still choose to access the mobile app using your BOC Personal Mobile Banking username and password. And the Bank may still require you to authenticate a transaction by your password and /or another form of authentication even though you have used the right fingerprint and / or face identification.
9.
You can deactivate the BOC Biometric Service at any time using the left navigation menu of the Mobile Banking App once you sign in.
10.
If you find that the security of your fingerprint and /or face identification or other security code has been compromised, you will notify us as soon as reasonably practicable and we may require you to change the security code, re-register your fingerprint and / or face identification or cease the use of the BOC Biometric Service.
11.
You acknowledge and agree that, for the purpose of the BOC Biometric Service, the Mobile Banking App will access the fingerprint and / or face identification registered on your mobile device, and hereby you consent to the accessing and using such information for the provision of the BOC 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 BOC Biometric Service at our sole discretion upon written notice to you, and such charges or revisions shall take effect from the date stated in such notice. Where you continue to use the BOC Biometric Service after such notification, 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 authorized by you or otherwise) to access the BOC Biometric Service. You are advised not to register any other person’s fingerprint(s) and/ or face recognition in your mobile device or to allow such fingerprint(s) and/ or face recognition 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 (whether authorized by you or otherwise) .
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 BOC Biometric Service, including but not limited to:
a.
whether the BOC Biometric Service will always meet your requirements;
b.
whether the BOC Biometric Service will be accessible at all times, or function with any electronic equipment, software, infrastructure or other electronic banking services that we may offer from time to time; or
c.
whether your use of the BOC 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 BOC Biometric Service;
b.
any unauthorized 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:
i.
related to you;
ii.
transmitted through your use of the BOC Biometric Service; and /or
iii.
obtained through your use of the BOC Biometric Service;
d.
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 BOC 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 basic) whatsoever and howsoever caused that may arise or be incurred by the Bank in providing the BOC Biometric Service, whether or not arising from or in connection with, including but not limited to the following.
a.
any improper or unauthorized use of the BOC Biometric Service by you, or any improper use of your mobile device ( whether authorized 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 in any transmission, dispatch or communication facilities;
d.
any access ( or inability or delay in accessing ) and/ or use of the BOC Biometric Service; or
e.
any breach by you of these Terms.
17.
You understand that the fingerprint and / or face recognition 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 fingerprint and /or face recognition feature of any mobile device (including whether it works in the way that the manufacture or 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 BOC 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 with the Bank’s provision or the BOC 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 BOC Biometric Service.
19.
You acknowledge that the Bank has the right to change, restrict, vary, suspend or modify these Term by providing you with prior notice in such manner as we deem fit.
20.
Unless expressly provided to the contrary in these Terms, a person who is not a party to these Terms has no right to enforce or enjoy the benefit of any term in these Terms.
21.
The governing law and dispute resolution under these Terms shall be the same as those stipulated under the General Terms and Conditions Governing Accounts.