These Terms and Conditions for the Biometric Authentication Service (these “Terms”) govern your use of the Biometric Authentication Service provided by the Company (or “us”). These Terms supplement, and should be read together with, the Client Agreement and any other terms and conditions governing the services provided by the Company, as they may be amended from time to time. It forms an integral part of the Client Agreement. If there is any inconsistency between the provisions of these Terms and the Client Agreement, these Terms shall prevail.
1. General
1.1. By activating the Biometric Authentication Service or using the Biometric Authentication Service, you accept and agree to these Terms. If you do not accept these Terms, please do not activate or use the Biometric Authentication Service.
1.2. The Biometric Authentication Service is provided as part of our services. It is an alternative to using your Security Key to verify your identity to give Instructions to us and authorize Transactions.
2. Definitions and Interpretation
2.1. Unless a contrary indication appears, terms defined in the Client Agreement have the same meaning in these Terms.
2.2. In these Terms, the following expressions, unless the context requires otherwise, shall have the following meanings:
“App” means our mobile application named [“Longbridge”](as updated from time to time) which can be downloaded to any mobile device, through which you can access our services.
“Biometric Authentication Service” means the identity authentication function provided by us (including Affiliates designated by the Company or other third-party technical service providers) pursuant to these Terms, which enables you to give Instructions to us through the App by authenticating your identity with your Biometric Credentials.
“Biometric Credentials” means the biometric credentials (including fingerprints, facial map or any other biometric data) that are registered or stored on a Permitted Mobile Device.
“Client Agreement” means the Long Bridge HK Limited Client Agreement, the appendices and schedules to it, and account opening form and any other applicable agreements or terms and conditions governing your Accounts, each as may be amended from time to time.
“Permitted Mobile Device” means a compatible Apple or Android mobile device and such other electronic equipment that we may accept for use with the Biometric Authentication Service from time to time, and includes the operating system or software that such mobile device or electronic equipment operates on.
“Security Key” means the password that you have devised to give Instructions and authorize Transactions.
3. Biometric Authentication Service
3.1. To activate the Biometric Authentication Service, you must activate the biometric identity sensor module on your Permitted Mobile Device and complete the steps specified by us from time to time. Once successfully registered, you may authenticate your identity with your Biometric Credentials in lieu of your Security Key and give us Instructions through the App.
3.2. Having activated the Biometric Authentication Service on your Permitted Mobile Device, you may still choose to give Instructions via the App with your Security Key should you so choose.
3.3. You may deactivate the Biometric Authentication Service at any time by completing the steps specified by us from time to time. Once such service has been deactivated, you may continue to give Instructions through the App using your Security Key.
3.4. We have the right to specify or vary, from time to time, the scope and features of the Biometric Authentication Service without prior notice to you.
4. Confirmations and Responsibilities
4.1. You acknowledge and agree that for the purpose of providing the Biometric Authentication Service, the App will authenticate your identity by interfacing with the biometric identity sensor module on your Permitted Mobile Device. For this purpose, you consent to the authentication process and our access to and use of the information obtained via the biometric identity sensor module. We do not store your Biometric Credentials.
4.2. You understand and agree that in order to use the Biometric Authentication Service, you must:
4.3. You fully understand and agree that upon successful registration for the Biometric Authentication Service on a Permitted Mobile Device:
4.4. You should take all reasonable security measures to prevent any unauthorized or fraudulent use of your Permitted Mobile Device, Biometric Credentials and the Biometric Authentication Service. These precautions include (but are not limited to):
4.5. All Instructions received by us with your identity verified through the Biometric Authentication Service shall be binding on you. You are liable for all such Instructions and all resulting Transactions in accordance with the provisions of the Client Agreement.
4.6. You will be liable for all losses (including but not limited to losses arising from any unauthorized Transactions) if you have allowed any third party to use your Permitted Mobile Device or failed to comply with your obligations or any security measures under these Terms, the security information and/or other relevant documents as provided by us from time to time.
5. Limitation of Liability
5.1. The Biometric Authentication Service is provided to you on an “as is” and “as available” basis. We do not warrant that the Biometric Authentication Service will be available at all times or that it will be compatible with any electronic equipment, software, system or services that we may offer from time to time.
5.2. The biometric identity sensor module on your Permitted Mobile Device is not provided by us. We are not responsible for the biometric 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.
5.3. We are not liable for any losses, damages or expenses of any kind incurred or suffered by you arising from or in connection with your use of or inability to use the Biometric Authentication Service, unless it is caused solely and directly by the gross negligence or willful default on our part or on the part of our employees or agents.
5.4. 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.
6. Modification, Suspension and Termination of the Biometric Authentication Service
We have the right to modify, suspend or terminate the Biometric Authentication Service at any time without giving prior notice or reason to you, where we reasonably consider necessary or advisable to do so. These cases may include (but are not limited to) actual or suspected breach of security.
7. Miscellaneous
The English version of these Terms shall prevail where there is any inconsistency between the English and the Chinese versions.