Hang Seng Bank

Terms and Conditions for Fingerprint Authentication for Banking Services

PLEASE READ AND UNDERSTAND THESE TERMS AND CONDITIONS BEFORE YOU REGISTER FOR FINGERPRINT AUTHENTICATION FOR BANKING SERVICES. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT REGISTER FOR FINGERPRINT AUTHENTICATION.

Definitions and Interpretation
1. In these Terms and Conditions, the following words shall have the following meanings:
  "Fingerprint Authentication" means the identity authentication function using fingerprint codes or other information, as we may provide from time to time pursuant to these Terms and Conditions;
  
  "Hong Kong" means the Hong Kong Special Administrative Region of the People's Republic of China;
  
  "include" means include, without limitation, and "includes" and "including" shall be construed accordingly;
  
  "Other Account Rules" means Account Rules, Integrated Account Terms and Conditions, End User License Agreement for Personal Banking Mobile Application, e-banking Terms and Conditions], and any other applicable agreements or terms and conditions governing the accounts, services and products provided by us, as may be amended from time to time;
  
  "Permitted Mobile Device" means Apple iPhone 5s or later models with fingerprint identity sensor supported and operating system running on iOS 9.0 or above, or any other electronic device or equipment which we may enable for using Fingerprint Authentication from time to time;
  
  "we" and "us" means Hang Seng Bank Limited and its successors and assigns, and "our" and "ours" shall be construed accordingly; and
  
  "you" means each person to whom we provide accounts or services pursuant to the Other Account Rules, and, where the context permits, includes any individual authorized by you to give instructions relating to any accounts, services or products provided by us to you; and "your" and "yours" shall be construed accordingly.
2. In these Terms and Conditions, words importing the singular include the plural and vice versa and words importing a gender include every gender. Unless otherwise stated, reference to Clauses means the clauses of these Terms and Conditions.
Supplemental to the Other Account Rules
These Terms and Conditions supplement each of the Other Account Rules. If there is any inconsistency between the provisions of these Terms and Conditions and the provisions of any Other Account Rules, the provisions of these Terms and Conditions shall prevail insofar as Fingerprint Authentication is concerned.
Fingerprint Authentication
1. Fingerprint Authentication provides an alternative means of verifying your identity for accessing the Hang Seng Personal e-Banking services via the Hang Seng Personal Banking mobile application ("App"). You have to register your Permitted Mobile Device for Fingerprint Authentication by completing the steps specified by us using your Hang Seng Personal e-Banking username and password. Once successfully registered, you may use the fingerprint registered on the Permitted Mobile Device (instead of your Hang Seng Personal e-Banking username and password) to confirm your identity for accessing the Hang Seng Personal e-Banking services via the App.
2. Our provision and your use of Fingerprint Authentication are subject to these Terms and Conditions. Once you register for Fingerprint Authentication, you will be regarded as having accepted and will be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, please do not register for Fingerprint Authentication.
3. Having registered for Fingerprint Authentication, you may still choose to access the Hang Seng Personal e-Banking services via the App by using your Hang Seng Personal e-Banking username and password.
4. You may deactivate Fingerprint Authentication at any time via the App by completing the steps specified by us.
5. We have the right to specify or vary from time to time the scope and features of Fingerprint Authentication without prior notice.
Your confirmation and responsibility
1. You confirm and authorise us to verify your identity by the fingerprint registered on your Permitted Mobile Device instead of your Hang Seng Personal e-Banking username and password, as if each fingerprint were a username, password, identifier or other security code for identifying you for the purposes of accessing accounts, services or products under the Other Account Rules.
2. In order to use Fingerprint Authentication:
  1. you must be a valid user of the Hang Seng Personal e-Banking services;
  2. you must install the App using your Permitted Mobile Device; and
  3. you must activate the fingerprint identity sensor on the Permitted Mobile Device and register at least one of your fingerprints to control access to the Permitted Mobile Device.
3. You fully understand and agree that:
  1. upon successful registration for Fingerprint Authentication, ALL fingerprints stored on the Permitted Mobile Device registered for Fingerprint Authentication at the time of or after registration can be used to access the Hang Seng Personal e-Banking services via the App. Therefore, you must ensure that only your own fingerprint is stored on the Permitted Mobile Device. If you store any other person's fingerprint or allow any other person's fingerprint to be stored on the Permitted Mobile Device, you are responsible for any person using the other fingerprint to access the Hang Seng Personal e-Banking services, including operating your accounts and effecting transactions. All such dealings and transactions will be deemed to be authorized by you and will be binding on you;
  2. each time the App detects the use of a fingerprint registered on the Permitted Mobile Device registered for Fingerprint Authentication to access the Hang Seng Personal e-Banking services, you are deemed to have accessed the Hang Seng Personal e-Banking services; and
  3. the authentication is performed by the App by interfacing with the fingerprint identity sensor module on your Permitted Mobile Device. We do not collect your fingerprint. The App will access the fingerprint identity sensor in your Permitted Mobile Device and obtain the necessary information to perform the authentication. You consent to the authentication process and our accessing and using the information obtained via the fingerprint identity sensor.
4. You should take all reasonable security measures to prevent unauthorized or fraudulent use of Fingerprint Authentication, including the following measures:
  1. you should take reasonable precautions to keep safe and prevent loss or fraudulent use of your Permitted Mobile Device and Hang Seng Personal e-Banking username and password. You should observe the security recommendations provided by us from time to time about the use of Fingerprint Authentication;
  2. you must not use the App or Fingerprint Authentication on any mobile device or operating system that has been modified outside the mobile device or operating system vendor supported or warranted configurations. This includes devices that have been "jailbroken" or "rooted". A jailbroken or rooted device means one that has been freed from the limitations imposed on it by your mobile service provider and the phone manufacturer without their approval. The use of the App and Fingerprint Authentication on a jailbroken or rooted device may compromise security and lead to fraudulent transactions. Download and use of the App and Fingerprint Authentication in a jailbroken or rooted device is entirely at your own risk and we will not be liable for any losses or any other consequences suffered or incurred by you as a result; and
  3. if you are aware of or suspect any unauthorized use of your Permitted Mobile Device or Hang Seng Personal e-Banking username and password for effecting Fingerprint Authentication, you should notify us as soon as reasonably practicable by calling our 24-hour Customer Service Hotline at 2822 0228. We may require you to change your Hang Seng Personal e-Banking username and password, re-register your fingerprint or cease to use Fingerprint Authentication.
5. All instructions received by us with your identity verified through the Fingerprint Authentication shall be binding on you. You are liable for such instructions and all resulting transactions in accordance with the provisions of the Other Account Rules, including the provisions relating to your liability for unauthorized transactions if you acted fraudulently or with gross negligence.
Limitation of our liability
1. Fingerprint Authentication is provided on an "as is" and "as available" basis. We do not warrant that Fingerprint Authentication will be available at all times, or that it will function with any electronic equipment, software, system or other Hang Seng Personal e-Banking services that we may offer from time to time.
2. The fingerprint identity sensor module on your Permitted Mobile Device is not provided by us. We are not responsible for the fingerprint identity sensor technology. We do not give warranty, whether express or implied, of any kind including any warranty of quality, accuracy or performance, merchantability, fitness for a particular purpose, title or non-infringement of right.
3. We are not liable for any loss, damages or expenses of any kind incurred or suffered by you arising from or in connection with your use of or inability to use Fingerprint Authentication unless it is caused solely and directly by the negligence or willful default on our part or on the part of our employees or agents.
4. Under no circumstances are we liable for any indirect, special, incidental, consequential, punitive or exemplary loss or damages, including loss of profits, loss due to business interruption or loss of any programme or data in your Permitted Mobile Device.
Modification, suspension and termination of Fingerprint Authentication
We have the right to modify, suspend or terminate Fingerprint Authentication or its use by you at any time without giving prior notice or reason where we reasonably consider necessary or advisable to do so. These cases may include actual or suspected breach of security.
Revision of these Terms and Conditions
We have the right to revise these Terms and Conditions and/or introduce additional terms and conditions (including fees and charges) from time to time by giving prior notice. We may give notice by display, advertisement or other means as we consider appropriate. You will be bound by any variation if you use Fingerprint Authentication on or after the effective date of the variation.
Governing law
These Terms and Conditions shall be governed by and construed in accordance with Hong Kong law. You submit to the non-exclusive jurisdiction of the Hong Kong courts but these Terms and Conditions may be enforced in the courts of any competent jurisdiction.
Miscellaneous
1. Each provision of these Terms and Conditions is severable from the others. If at any time any provision is or becomes illegal, invalid or unenforceable in any respect under Hong Kong law or the laws of any other jurisdiction, the legality, validity or enforceability of the remaining provisions shall not be affected in any way.
2. We may assign or transfer all or any of our rights and obligations under these Terms and Conditions to any member of the Hang Seng Bank Group without your prior consent.
3. The English version of these Terms and Conditions shall prevail wherever there is any inconsistency between the English and the Chinese versions.

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