Use of BOC Biometric Service
The BOC Biometric Service is only available to Customers using mobile devices with fingerprint and/or face recognition features and which are fingerprint and/or face registered.
In order to use the BOC Biometric Service, the Customer needs to:
a.
be a customer of the Bank and a valid user of BOC Mobile;
b.
have the BOC Mobile installed on his/her mobile device;
c.
have the fingerprint and/or face recognition functions activated on his/her mobile device and at least one of the Customer’s fingerprints, and/or face identification, registered on such mobile device;
d.
register by logging into the BOC Mobile using his/her username and password to choose the applicable face/fingerprint identification stored on the mobile device to be used to access the Bank’s BOC Mobile; and,
e.
comply with these Terms, including any amendments thereto that the Bank may in its discretion make from time to time.
Upon successful registration, the Customer may use the BOC Biometric Service to access the BOC Mobile on his/her mobile device through face and/or fingerprint identification as an alternative to his/her username and password.
The Customer may still choose to access the mobile app using his/her BOC Mobile username and password.
The Customer may deactivate the BOC Biometric Service at any time using the left navigation menu of the BOC Mobile once he/she is signed in.
Upon being informed that the security of face/fingerprint identification or other security code has been compromised, the Bank may require the Customer to change the security code, re-register his/her face/fingerprint identification or cease the use of the BOC Biometric Service.
For the purposes of the BOC Biometric Service, the BOC Mobile will be accessing the face/fingerprint identification registered in the mobile device, and the Customer hereby consents to the Bank accessing and using such information for the provision of the BOC Biometric Service.
With prior notice to the Customer, 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 its sole discretion, which charges or revisions shall take effect from the date stated in such notice. The Customer shall be deemed to have agreed to and accepted such charges or revisions should the Customer continues to use the BOC Biometric Service after such notification.
The Customer should protect his/her mobile device and shall be responsible for all uses of his/her mobile device (whether authorized by him/her or otherwise) to access the BOC Biometric Service. The Customer should not register any other person’s fingerprint(s) and/or face recognition in his/her mobile device or allow such fingerprint(s) and/or face recognition to be used to access the BOC Mobile, and the Bank shall not be held responsible for any such access or any losses or damages incurred by the Customer as a result of such authorized access.
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 whether the use of the BOC Biometric Service will:
a.
always meet his/her requirements;
b.
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.
be uninterrupted, timely, secure and/or free from error.
To the extent permitted under applicable law, the Bank shall not be liable to the Customer 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 the Customer’s use of the BOC Biometric Service;
b.
any unauthorized access and/or use of the Customer’s 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.
relating to the Customer; and/or,
ii.
transmitted/obtained through the Customer’s use of the BOC 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 BOC Biometric Service.
The Customer shall 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 BOC Biometric Service, whether or not arising from or in connection with and including but not limited to the following:
a.
any improper or unauthorized use by the Customer of the BOC Biometric Service or his/her mobile device (whether authorized by the Customer 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 the Customer of these Terms.
The face/fingerprint recognition feature of the Customer’s 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/fingerprint recognition feature of any mobile device (including whether it works in the way that the manufacturer of such mobile device represents).
To the extent that any of the limitations set out above are not permitted by law, the Bank's liability to the Customer arising from or in respect of his/her 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 to the Bank's provision of the BOC Biometric Service and/or under or relating to these Terms shall not exceed the fees and charges received by the Bank from the Customer in respect of his/her use of the BOC Biometric Service.
The Bank has the right to change, restrict, vary, suspend or modify these Terms by providing the Customer with prior notice in such manner as the Bank deems fit.