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TERMS AND CONDITIONS FOR
CCB (ASIA) BIOMETRIC CREDENTIAL AUTHENTICATION SERVICE (CCB (HK&MO) Mobile App) |
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IMPORTANT NOTES: |
The CCB (Asia) Biometric Credential Authentication Service is offered to customers ("Customer(s)" or "you") of China Construction Bank (Asia) Corporation Limited (the "Bank", which shall include the Bank’s successors, assigns, transferees and any person deriving title under any of them).
Upon successful activation, the Biometric Credential Authentication Service will allow you to use the biometric credentials (including, without limitation, fingerprint(s), facial map or any other biometric data) registered on your Permitted Mobile Device to access the Bank’s online banking services via CCB (HK&MO) Mobile App and CCB (Asia) FortuneLink Mobile App (each a "Mobile App"), including, without limitation, to use the mobile token feature in-built within the Mobile App/ Permitted Mobile Device for customer identity authentication purposes ("Mobile Token").
"Permitted Mobile Device" means any electronic equipment which the Bank may permit for use with the Biometric Credential Authentication Service from time to time, including, without limitation, the operating system or software that the device operates on. Please visit "Settings and Others">"Manage Biometric Credential Authentication">"Biometric Credential Authentication Service FAQ" for the current list of such electronic equipment.
By activating the Biometric Credential Authentication Service and selecting the "Accept" button below you agree to these terms and conditions ("Terms"). These Terms constitute a binding legal agreement between you and the Bank for the use of the Biometric Credential Authentication Service.
These Terms, in addition to the following documents, which are incorporated by reference, form an integral part of the Terms and shall apply to the Biometric Credential Authentication Service: |
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Terms and Conditions for Online Banking Services; |
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Personal Information Collection and Privacy Policy Statement; |
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Licence Agreement and Terms of Use in CCB (HK&MO) Mobile App; |
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Licence Agreement and Terms of Use in CCB (Asia) FortuneLink Mobile App; and |
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Terms & Conditions in relation to Online Securities Trading Service (to the extent you access the securities trading service) |
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(collectively, the "Customer Terms").
In the event of a conflict between these Terms and any of the Customer Terms, these Terms will prevail to the extent of such conflict. |
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1. PROVISION OF BIOMETRIC CREDENTIAL AUTHENTICATION SERVICE |
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| 1.1 |
To use the Biometric Credential Authentication Service, you shall have: |
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| (a) |
a valid Online Banking account with the Bank; |
| (b) |
installed the Mobile App where the Bank offers the Biometric Credential Authentication Service and latest updates on your Permitted Mobile Device; |
| (c) |
a Permitted Mobile Device with the biometric authentication function enabled; |
| (d) |
registered at least one of your biometric credentials to control access to the Permitted Mobile Device; and |
| (e) |
activated the Biometric Credential Authentication Service according to the Bank’s activation instructions using your Online Banking username and password, as well as a one-time password the Bank will send to you. |
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| 1.2 |
To facilitate the provision of the Biometric Credential Authentication Service, you agree that the Bank may require you to execute such forms and/or documents, provide such information and perform such acts as the Bank may consider reasonably necessary. |
| 1.3 |
You acknowledge and agree as follows: |
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| (a) |
Once the Biometric Credential Authentication Service is activated, any biometric credentials stored on your Permitted Mobile Device can be used to access the Bank’s online banking service and use of any Mobile Token which you have activated and bound to the Permitted Mobile Device. You acknowledge and accept that any person who gains access to the biometric credentials or the biometric authentication controls of your Permitted Mobile Device will be able to access the Bank’s online banking service, authenticate their use of the Mobile Token (if any) and give instructions to the Bank in respect of your accounts, including, without limitation, withdrawing or otherwise dealing with your funds. |
| (b) |
You acknowledge and agree that for the purpose of providing the Biometric Credential Authentication Service, the Mobile App and its in-built features (such as any Mobile Token activated by you) will interface with the biometric authentication function and data on your Permitted Mobile Device. You consent to the Bank accessing and using such function and data in your Permitted Mobile Device for the provision of the Biometric Credential Authentication Service. |
| (c) |
The Bank may, at its discretion, update the Mobile App and its in-built features at any time. You must install the mandatory updates to ensure the proper functioning of the Biometric Credential Authentication Service. Notwithstanding the foregoing, the Bank does not represent or warrant that the Biometric Credential Authentication Service will be available at all times, be compatible with any particular device or model, software or other online banking services that the Bank may offer from time to time. You shall be responsible for ensuring that your electronic equipment is a Permitted Mobile Device which meets any compatibility requirements. Failure to do so may result in the Biometric Credential Authentication Service malfunctioning. |
| (d) |
registered at least one of your biometric credentials to control access to the Permitted Mobile Device; and
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| (e) |
activated the Biometric Credential Authentication Service according to the Bank’s activation instructions using your Online Banking username and password, as well as a one-time password the Bank will send to you.
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2. SECURITY |
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| 2.1 |
You understand that some information may be stored by yourself on your Permitted Mobile Device and the Bank shall have no liability if the stored data is exposed when your Permitted Mobile Device is used by another person (whether with or without your authorisation). To protect your privacy and assets, you agree to take steps to keep confidential and secure your Permitted Mobile Device, passwords, and bank or account related information and to prevent unauthorised use of your Permitted Mobile Device, including, without limitation: |
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| (a) |
ensure that only your biometric credentials are stored on your Permitted Mobile Device, your Permitted Mobile Device is secure and kept safely and any password or security code allowing access to altering or adding biometric credentials on your Permitted Mobile Device is protected. The Bank will not be responsible for any losses arising out of any unauthorised transactions due to your failure to secure access to your Permitted Mobile Device; |
| (b) |
be aware and cautious of the probability of a false match of facial map possibly caused by twins and/or siblings who look like you. If you are concerned about this, you may choose to use your Online Banking username and password to access the Bank’s online banking services via the Mobile App, or authenticate your identity for use of the Mobile Token using your Mobile Token Password; |
| (c) |
disabling any function provided by, and/or not agreeing to any settings of, your Permitted Mobile Device that would otherwise compromise the security of the use of the biometric authentication (e.g. disabling "attention-aware" feature for facial recognition); |
| (d) |
ensure that your Permitted Mobile Device is locked immediately after use and when it is not in your possession; |
| (e) |
not to disclose or share your Permitted Mobile Device passwords or security codes with any other person or allow anyone access to your biometric credentials and/or biometric authentication function on your Permitted Mobile Device; |
| (f) |
not to include easily accessible personal information such as date of birth, telephone number or any recognisable part of your name in setting any password or use the same password to access any other services (for example, to connect to the internet or to access other websites/mobile applications); |
| (g) |
not to write down or record any device passwords (e.g. the Mobile Token Password) or security codes without disguising them; |
| (h) |
check your surroundings before entering any passwords or security codes on your Permitted Mobile Device, and make sure that no one sees your passwords. For security purposes, change your device and biometric authentication access passwords regularly; |
| (i) |
change your passwords (if applicable) immediately if you suspect that you have been deceived by a fraudulent website, mobile application, email, or SMS/WAP push message (for example, if you fail to logon the Mobile App after using the correct biometric credential, with or without any alert messages); |
| (j) |
inform the Bank as soon as reasonably practicable if you find out or believe that any of your passwords (including, without limitation, Mobile Token Password), Permitted Mobile Device have been compromised, lost, stolen, or accessed or used without your authorisation; |
| (k) |
strictly follow all security advice/measure/guidelines/instructions provided to you by the Bank and/or the manufacturer of your Permitted Mobile Device that apply to your use of your Permitted Mobile Device from time to time; |
| (l) |
notify the Bank without delay if you change your mobile phone number; |
| (m) |
upon termination of the use of the Mobile App and/or the Mobile Token for any reason, remove the Mobile App and/or the Mobile Token from your Permitted Mobile Device; and |
| (n) |
delete the Mobile App from your Permitted Mobile Device if you change or dispose of your Permitted Mobile Device. |
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| 2.2 |
If you inform the Bank that the security of your biometric credentials, Mobile Token or other security code has been compromised, the Bank reserves the right to require you to change the security code, re-register your biometric credentials or suspend or cease the use of the Biometric Credential Authentication Service. |
| 2.3 |
You shall be solely responsible for adopting, and shall be liable for any loss that results from any unauthorised use or disclosure of the Mobile App, the Biometric Credential Authentication Service and/or the Mobile Token due to your failure to adopt the appropriate safeguards (including, without limitation, to the measures in Clause 2.1 above). |
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3. DISCLAIMER AND LIMITATION OF LIABILITY |
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| 3.1 |
You acknowledge that the biometric authentication function of your Permitted Mobile Device is not provided by the Bank, and the Bank makes no representation or warranty as to the continued accessibility, security, accuracy, functionality or performance of the biometric authentication function on your Permitted Mobile Device. |
| 3.2 |
You acknowledge that the Biometric Credential Authentication Service is for the purpose of your personal convenience. Your use of the Biometric Credential Authentication Service is wholly at your own risk. The Biometric Credential Authentication Service is provided on an "as is" basis. To the maximum extent permitted by applicable law, the Bank disclaims all conditions, warranties (including, without limitation, any warranties of merchantability, fitness for a particular purposes, accuracy and non-infringement of third party rights), representations or other terms which may apply to the Biometric Credential Authentication Service, whether express or implied. |
| 3.3 |
To the maximum extent permitted by applicable law , the Bank will not be responsible for any loss you may suffer in connection with your use of the Biometric Credential Authentication Service, your instructions to the Bank or any unauthorised transactions made through or in connection with the Biometric Credential Authentication Service. |
| 3.4 |
To the maximum extent permitted by applicable law, the Bank will not be liable for any act, omission, negligence, default, damages, losses (including, without limitation, loss or leakage of data), causes of action, whether in contract, tort (including, without limitation, negligence), or otherwise arising in connection with the use of Biometric Credential Authentication Service. The Bank shall not be liable for any error, interception, corruption, deletion or inaccuracy in the Biometric Credential Authentication Service, any person’s use of, or reliance on or inability to use such Service, any interruption or hindrance of or delay in the operation of the Biometric Credential Authentication Service, any incomplete transmission, any circuit or system failure or any computer virus. The Bank shall not be responsible for any loss of profit, sales, business, revenue, business opportunity, goodwill or reputation, or any special, consequential or indirect loss or damage arising out of such act, omission, negligence or default with respect to the Biometric Credential Authentication Service. |
| 3.5 |
You shall hold harmless and indemnify the Bank, its officers, employees, agents and any other persons appointed by the Bank against any claims, suits, actions, proceedings, losses, damages, obligations and/or liabilities which any of them may incur or suffer, and all costs and/or expenses of reasonable amount and reasonably incurred by any of them as a result of or in connection with (i) your failure to comply with these Terms; or (ii) your fraud, willful misconduct or gross negligence in your usage of the Biometric Credential Authentication Service, the Mobile Token and/or the Mobile App. |
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4. PRIVACY |
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The Bank recognises the importance of respecting your privacy. Your biometric credentials will not be stored or recorded by the Bank. The Bank's Personal Information Collection and Privacy Policy Statement and its Notice to Customers relating to the Personal Data (Privacy) Ordinance provides information on how the Bank may collect, use, share, and protect your personal data provided to the Bank, as well as the choices, access and correction rights you have in regard to your personal data.
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5. SERVICE AVAILABILITY AND TERMINATION |
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The Biometric Credential Authentication Service may be suspended, terminated, withdrawn or amended by the Bank at any time without prior notice or providing any reason. The Bank is under no obligation to continually provide the Biometric Credential Authentication Service. The Bank may in its absolute discretion decide whether you are eligible to use the Biometric Credential Authentication Service and as the Bank considers appropriate, the Bank is entitled to suspend your use of the Biometric Credential Authentication Service or any part of it, or suspend your access to the Biometric Credential Authentication Service without prior notice. The Bank's decision in this regard is final and binding on you. The Bank will not be responsible for any loss or damage suffered by you arising from such decisions. |
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6. GENERAL |
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| 6.1 |
The Bank may assign and/or transfer all or any of its rights and/or obligations under these Terms to a third party without your consent. |
| 6.2 |
Without the Bank's consent, you may not assign, transfer or otherwise dispose of your rights or obligations under these Terms to another party. |
| 6.3 |
These Terms, the Customer Terms and any document expressly referred to in them constitute the entire agreement between the Bank and you relating to your use of the Biometric Credential Authentication Service. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms, the Customer Terms or any document expressly referred to in them. |
| 6.4 |
If the Bank fails to insist that you perform any of your obligations under these Terms, or if the Bank does not enforce the Bank’s rights against you, or if the Bank delays in doing so, it will not mean that the Bank has waived its rights against you and that you do not have to comply with those obligations. If the Bank does waive a default by you, the Bank will only do so in writing, and that will not mean that the Bank will automatically waive any later default by you. |
| 6.5 |
Each of the provisions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect. |
| 6.6 |
These Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong"). Disputes arising in connection with these Terms shall be subject to the non-exclusive jurisdiction of the Hong Kong courts. |
| 6.7 |
The Chinese version of these Terms is provided for reference only. In the event of any conflict or discrepancy between the English version and Chinese version of these Terms, the English version shall prevail. |
| 6.8 |
The Bank may revise or replace these Terms and/or introduce additional terms and conditions at any time and from time to time in accordance with applicable laws or regulatory requirements applicable to the Bank. Any revision, replacement or addition to these Terms shall become effective subject to the Bank giving reasonable notice to the Customer which may be given by physical or electronic means, posting it on the Website or by such other means as the Bank thinks fit and/or taking any other action required by applicable laws or regulatory requirements applicable to the Bank. Any revised or additional Terms shall be binding on the Customer if the Customer continues to maintain or use the Biometric Authentication Services on or after the effective date of the revision, replacement or addition. |
| 6.9 |
| (a) |
No person other than the Bank and the Customer will have any right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623 of the Laws of Hong Kong) (the "Third Parties Ordinance") to enforce or enjoy the benefit of any of the provisions of these Terms. |
| (b) |
Any director, officer, employee, affiliate or agent of the Bank may, subject to this Clause 6.9 and the Third Parties Ordinance, rely on any clause of these Terms which expressly confers rights on that person. |
| (c) |
Notwithstanding any term of these Terms, the consent of any person other than the Bank and the Customer is not required to rescind or vary these Terms at any time. |
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