PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITES AND/OR THE SERVICES. BY USING THE SITES AND/OR THE SERVICES, YOU ARE DEEMED TO HAVE ACCEPTED AND AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS.
- GENERAL TERMS AND CONDITIONS
- These Terms and Conditions apply to your use of the PPS service (individually referred to as Service or collectively referred to as "Services") provided through (i) the www.ppshk.com website or any third party's website through hyperlink connection or URL re-direction to the domain/web server of PPS; (ii) a tone phone; (iii) HKT Fixed Line Service(s); and/or (iv) any other device, media, site or platform on which these Terms and Conditions are posted or referred to (individually referred to as "Site" or collectively referred to as "Sites"). The Services are jointly operated by Hong Kong Telecommunications (HKT) Limited ("HKT") and EPS Company (Hong Kong) Limited 易辦事(香港)有限公司 ("EPS") (collectively, "we" and "us", "our" and "ours" shall be construed accordingly).
- You must read carefully these Terms and Conditions and the accompanying Privacy Policy and Legal Disclaimer & Copyright Notice posted on the website www.ppshk.com before using a Service or Site. By using a Service or Site, you accept and agree to be bound by these Terms and Conditions, the Privacy Policy and the Legal Disclaimer & Copyright Notice. We may revise these Terms and Conditions, the Privacy Policy and the Legal Disclaimer & Copyright Notice from time to time by giving reasonable notice to you. Such notice may be given by posting it on the website www.ppshk.com or any other means as we consider appropriate. The revised Terms and Conditions shall be binding on you if you continue to use a Service or Site on or after the date on which the revisions take effect.
- Your use of any Service may also be governed by any additional terms and conditions as may be notified to you by us from time to time.
- Your use of the Bank account to which the PPS Account is attached and/or the ATM Card used to register for any Service may also be governed by the terms and conditions issued by the Bank. These terms and conditions do not govern or affect your relationship with the Bank.
- It is your duty to keep your PPS Account Number, PPS Account Name, PPS Phone Password, PPS Internet Password, PPS One-Time Password(s) and any other account names, user names and/or passwords which we may provide to you or which are set up by you from time to time, and the PIN of your ATM Card (collectively, the "Identifiers") confidential and in a safe place and not to disclose them to any person not authorised by you. You shall be fully responsible for any losses arising from any disclosure of any Identifiers, except where such disclosure is caused by our gross negligence or wilful default. While PPS is a payment service for facilitating the settlement of bills, the term "bills" is broadly defined and there is a wide range of merchants and persons to whom payment can be made through the Services. Accordingly, you acknowledge and accept that any accidental or unauthorised disclosure or use of any Identifiers may cause your account to be used to incur substantial liabilities. We will not be responsible for any loss suffered by you or any person as a result of (i) your disclosure of or the theft from you of any Identifier, whether or not there has been negligence or fault on your part; or (ii) your failure to take reasonable steps to prevent disclosure of such Identifiers to any person not authorized by you to use them.
- You are advised to follow any security measures proposed by us in respect of the Identifiers as such may be posted on our website www.ppshk.com from time to time. If your Identifiers are stolen or lost and such theft or loss would not have occurred if you had followed the reasonable security measures proposed by us, you will be considered to have failed to take reasonable steps to prevent unauthorised disclosure of such Identifiers and as a result we will not be responsible for any losses arising therefrom.
- If you notice or suspect that any of your Identifiers may be stolen or disclosed, you must immediately notify both (i) us through our hotline or other means of communication as set out in our website; and (ii) the Bank. Until we have actual receipt of your notification, you shall remain responsible for any use of the Services or the Sites through your PPS Account, whether or not authorised by you.
- The daily withdrawal cycle limit of PPS is different from the other applications of your ATM Card. For any query, please contact your card issuing bank.
- We have the right from time to time to terminate any Service or vary the scope of any Service including, without limitation:
- imposing and varying any restrictions on the use of a Service such as the minimum and maximum daily Transaction value limits; and
- prescribing and changing the normal service hours during which a Service is available and any daily cut-off time for any Service or Transaction. Any instruction from you received by us after any applicable daily cut-off time shall be deemed to be received on the next business day. We may specify business day and daily cut-off times by reference to the time of various markets operating in different time-zones.
- You must not use any jailbroken electronic devices to access or use the Services or your PPS Account, as the same which may cause security vulnerabilities and/or other issues.
- SITES
We may vary or discontinue any Site or part of a Site, or any Service available on it without notice.
- PPS PASSWORDS
For all Transactions on the applicable Sites, your use of the PPS Phone Password, PPS Internet Password and/or PPS One-Time Password is your authority to us to carry out the relevant Transaction using your PPS Account and to instruct your Bank to debit your nominated Bank account. You acknowledge that we shall have no further obligation to verify authenticity of any instruction received from you or purporting to have been sent by you via a Service and a Site other than to verify that the PPS Phone Password, PPS Internet Password and/or PPS One-Time Password (as the case may be) is registered against a PPS Account.
- PPS TRANSACTIONS
- A Payment Reference Number and a Scheduled Payment Reference Number will be issued for every successful Bill Payment Transaction and Scheduled Bill Payment Transaction respectively.
- You acknowledge that any Site, your telephone, computer or any device used to access a Site may fail or disconnect, or a Service may be delayed, suspended or interrupted. This may happen because of your decision to go to another site on the Internet outside the relevant Site, power failure or instability on the Internet, or any other situation beyond our reasonable control. Accordingly, if for any reason a Payment Reference Number is not presented to you on the relevant Site within a reasonable period of time after the Bill Payment Transaction, you are obliged to check as soon as practicable your payment history on the relevant Site, contact us or the payee of your Bill Payment Transaction to determine whether or not the Bill Payment Transaction was successfully processed by PPS.
- We shall not be responsible or liable to you in any way for any multiple payments made by you in respect of any particular Bill Payment Transaction or Scheduled Bill Payment Transaction.
- You acknowledge that we will regard every Transaction effected on a Site using any of your PPS Account Number, PPS Account Name, PPS Phone Password, PPS Internet Password, and/or PPS One-time Password as authorised by you and every amount, figure, number, letter or other digit keyed into a Site for processing of a Transaction as correct. We are not responsible for any input of mistaken information made or authorised by you, or any other person, whether or not authorised by you.
- Your instruction to process a Bill Payment Transaction shall be deemed to be an absolute and irrevocable authorisation by you for the PPS system to debit your Bank account by means of your PPS Account and pay the amount as entered into the Site to the relevant merchant.
- For applicable Sites only, advice or confirmation that an instruction has been received for a Scheduled Bill Payment Transaction and/or a Scheduled Bill Payment Transaction has been effected through a Service will be provided by us by e-mail to the email address that has been registered for this purpose (if any). Such advice or confirmation shall be deemed to have been received by you immediately after transmission and it is your duty to check such advice or confirmation. It is also your duty to enquire with us if an advice or confirmation is not received within the time usually required for a similar advice or confirmation to be received. If registration of an email address is not available in a Site, it is your duty to check from such Site if the Scheduled Bill Payment Transaction has been set up, and/or effected successfully at the scheduled date and as advised during the transaction flow.
- LIMITATION OF LIABILITY
- To the extent permitted by law, our liability to you in respect of any incident, whether for breach of these Terms and Conditions or in negligence or in any other tort or for any other common law or statutory cause of action arising in relation to these Terms and Conditions, a Service, a Site or the Content, shall be limited to refunding to you any sums which have been deducted from your Bank account through the Services.
- To the extent permitted by law, neither we nor any party involved in creating, producing, or delivering any Service, Site or Content will be liable for any indirect, incidental, consequential or special damages, including, without limitation, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings, resulting from your access to, or use of, or inability to use any Service, Site or Content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.
- If a jurisdiction does not allow the exclusion or limitation of liability in accordance with Clause 5(a) or 5(b) above but allows a limitation of a certain maximum extent then our liability is limited to that extent.
- USE OF THE SITE AND SITE CONTENT
- You acknowledge that the Content on the Sites, is subject to copyright and possibly other intellectual property rights ("Intellectual Property Rights").
- Unless you are expressly authorised by law you must not yourself, or participate in or permit any other person, to:
- sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any Content in any way for any public or commercial purpose without our prior written consent; or
- use any Content on any other web site or in a networked computer environment for any purpose; or
- reverse engineer any Content consisting of downloadable software; or
- otherwise infringe the Intellectual Property Rights of any person in using a Site or any Content; or
- hack into, break into, access or use or attempt to hack into, break into, access or use any part of a Service, a Site, any Content and/or any data areas on our server(s) or those of any third parties for which you have not been authorized by us or such third party.
- Nothing you do on or in relation to a Site will transfer any Intellectual Property Rights to you or licence you to exercise any Intellectual Property Rights unless this is expressly stated.
- You must not use or permit the use of any Service or Site, in whole or in part for any purpose, whether legal or illegal, other than as specifically intended to carry out Transactions and enquiries relating to the Services, and specifically you must not:
- disrupt or interfere with a Service or Site, or servers or other software, hardware or equipment connected to or via a Site;
- violate any Applicable Law relating to your use of a Service or Site; or
- collect or store personal data about other users of a Service or Site.
- We will use reasonable endeavours to provide Content that is accurate and complete as of the time it was posted on the relevant Sites. However, we make no representation about the completeness or accuracy of any Content provided to us by third parties (including, without limitation, any information provided by any Bill-issuing merchants), and we will not be liable for any such third party Content. You are advised to check and verify any third party Content independently.
- FEES
We reserve the right at any time to:- charge fees; and
- to vary or amend the terms and conditions which cover such fees, for access to or use of all or some parts of a Service or Site
- LINKS AND ADVERTISEMENTS
- We have not reviewed all of the web sites linked to the applicable Sites and are not responsible for the content or accuracy of any off-site pages or any other sites linked to any applicable Site (including without limitation sites linked through advertisements or through any search engines).
- Some links which appear on an applicable Site are automatically generated. The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk.
- Your correspondence or dealings with, or participation in promotions of, advertisers on any Site are solely between you and such advertisers.
- We will not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisements on any Site.
- PERSONAL DATA AND COOKIES
- In using a Site you may provide your "personal data" as defined in the Personal Data Privacy Ordinance ("PDPO") which will be used solely by us. You also consent to your personal data being handled, processed or dealt with in whatsoever way in accordance with our Privacy Policy and our Personal Information Collection Statement posted on this Site.
- During your use of an applicable Site, we may issue to and request from your computer blocks of data known as "cookies". You must not alter any cookies sent to your computer from the applicable Site and you must ensure that your computer sends correct and accurate cookies in response to any relevant request from the applicable Site.
- NOTICES
We will give you any necessary notices by posting them on www.ppshk.com website and/or the applicable Sites, or via email (provided that a valid email address has been provided to us) or any other means as nominated by us. You agree:- to check the www.ppshk.com website and/or any other applicable Site for notices; and
- that you will be considered to have received a notice when it is made available to you by posting on and/or announced via www.ppshk.com website or any other applicable Site or any other means as nominated by us.
- OTHER PROVISIONS
- These Terms and Conditions will be governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong"). You irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong.
- We shall not be liable for any act or failure to fulfill our obligations in relation to the use of a Site or the provision of a Service if the act, omission or failure arises from any cause reasonably beyond our control, including without limitation, acts of God, strikes, riots, acts of war, terrorism, civil or political unrest, epidemics, earthquakes, floods, fire, typhoon, government action, communication line failures or data transmission failures, power failures, computer or processing system failures or any failure on your part to provide correct information or comply with any provisions of these Terms and Conditions.
- You agree to defend, indemnify us and hold harmless us, our officers, directors, employees and agents, from any loss incurred or damage suffered by us, our customers or a third party or from and against any claims, demands or actions including without limitation reasonable legal and accounting fees which may be bought against us by a customer or third party, which is in any way the result or alleged to be the result of your use of any Service, or your failure to take reasonable steps to prevent unauthorised use of your PPS Account through a Service, or a breach by you of the terms and conditions of use of your account maintained with a Bank.
- We may appoint agents, assign or sub-contract the whole or any part of our rights and/or obligations under these Terms and Conditions to any person or entity at any time.
- If any term or condition herein becomes or is declared illegal, invalid, or unenforceable for any reason, such term or condition shall be severable, and neither the legality, validity or enforceability of the remaining provisions under that law nor the legality, validity or enforceability of that provision under the law of any other jurisdiction shall be affected.
- Should there be any discrepancy between the English and Chinese versions (if any) of these Terms and Conditions, the English version shall prevail.
- DEFINITIONS
- Applicable Law in relation to any person, action or thing means the following in relation to that person, action or thing:
- any law, rule or regulation of any jurisdiction (or political sub-division of a jurisdiction);
- any obligation under any licence in any jurisdiction (or political sub-division of a jurisdiction); and
- any lawful and binding determination, decision or direction of a regulator in any jurisdiction (or political sub-division of a jurisdiction).
- ATM Card means a card issued by your Bank which enables you to effect banking transactions by electronic means whether at automated teller machines, point of sale terminals or other electronic devices (including any Service), or otherwise.
- Bank, in relation to a PPS Account, means the Bank in which you hold the bank account to which the PPS Account is attached.
- Bill is broadly defined and includes fund transfer and purchase such as payment for travel package or charity donation.
- Bill Payment Transaction means a transaction for the payment of a bill which you request to be processed through a Service.
- Content includes things that you may see, read, hear, download or access on or via a Site (including but not limited to messages, files, data, software, images, photographs, illustrations, text and other materials).
- HKT Fixed Line Service(s) means the multi-media device(s) and/or fixed line telephone service(s) with enriched applications provided by Hong Kong Telecommunications (HKT) Limited to its customers from time to time, including without limitation, "eye Multimedia Service", "eye Home Smartphone Package", "eye2 Communication Package", "eye Home Tablet Communication Package", "eye3 Smart Communications Service" and other eye services.
- Payment Reference Number means the reference number presented to you on the Site when a successful Bill Payment Transaction has been processed by the relevant Service.
- PPS means a payment service which facilitates the settlement of bills which can be accessed via a Site.
- PPS Account means an account in the PPS system registered by you at a PPS Registration Terminal by means of your ATM Card that stores your PPS payment information including the bank account selected by you from which PPS payments will be debited.
- PPS Account Number means the unique system account number generated by a PPS Registration Terminal and allocated to your PPS Account which is used to access the applicable Sites.
- PPS Account Name means the unique system account name selected by you and approved by us to access the applicable Sites and/or identify your PPS Account.
- PPS Internet Password means the personal password selected by you and set up for your PPS Account for making Transactions via the www.ppshk.com website or on any third party's website through hyper-link connection or URL re-direction to the domain/web server of PPS, any HKT Fixed Line Services, or any other applicable Sites.
- PPS One-Time Password means the 6 or more digit password automatically generated by our system to any device that can receive short message service (SMS) for your PPS Account for making selected Transactions which require 2-factor authentication.
- PPS Phone Password means the personal password selected by you when you opened your PPS Account at a PPS Registration Terminal. The PPS Phone Password serves as your registration to the Services and is to be used for making Transactions over the applicable Sites. You must set up a PPS Phone Password before you choose a PPS Internet Password.
- PPS Registration Terminal means electronic terminals or other devices which allow you to register for the Services and manage a PPS Account using the ATM card or a credit card with ATM function.
- Scheduled Bill Payment Transaction means a transaction to schedule the payment of a bill once or recurrently, which you request to be processed through a Site.
- Scheduled Payment Reference Number means the reference number presented to you on the relevant Site when a successful Scheduled Bill Payment Transaction has been processed through a Service.
- Transaction means any transaction which you request to be processed through a Site and which shall include but is not limited to the following:
- Add / Register bill;
- Bill payment transaction;
- Scheduled bill payment transaction;
- Fund transfer from your Bank account to other accounts;
- Checking your payment history;
- Delete bill;
- View bill; and
- Setup and change PPS Account settings.
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| PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE REGISTERING AND USING THE VIEW BILL SERVICE. BY REGISTERING AND USING THE VIEW BILL SERVICE, YOU ARE DEEMED TO HAVE ACCEPTED AND AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS.
- Other than these Terms and Conditions, your registration and use of the View Bill Service is also subject to the General Conditions. You may also be subject to additional terms and conditions of each Bill-issuing Merchant, which additional terms and conditions will be available for review when you register for a bill issued by that Bill-issuing Merchant for the View Bill Service on the PPS Website.
- To be eligible for registration of the View Bill Service for a bill issued by a Bill-issuing Merchant, you must have already registered as a PPS Account holder, with connection at a Participating Bank. You may at any time deregister any bill registered under the View Bill Service.
- Registration of the View Bill Service for a bill is done through the PPS Website.
- By registering for and/or using the View Bill Service, you:
- confirm that the data provided by you in the registration process or at any time in connection with the View Bill Service is true, accurate, complete and not misleading; and
- authorise us to verify such data with any appropriate source we may determine
- You agree that all data (including your personal data) provided by you to us or collected by us from time to time in connection with the View Bill Service (a) may be used for the purposes of or in connection with the View Bill Service; and (b) may be disclosed to the relevant Participating Bank and the relevant Bill-issuing Merchants. Such data may also be used for such other purposes and disclosed to such other persons in accordance with and subject to the provisions of the Privacy Policy.
- You irrevocably agree, consent and authorise that:
- the relevant Bill-issuing Merchants may have access to the personal data relating to you disclosed by us and may process such data for the purposes of the View Bill Service; and
- we act as your agent to instruct the relevant Bill-issuing Merchants to transfer your personal data maintained by them to us for the purposes of the View Bill Service.
- You acknowledge and agree that we may accept and act upon the information transmitted to us (whether actually provided by you or not) and that we shall not be under any obligation to verify the accuracy or completeness of the information. In particular, we make no representation about the completeness or accuracy of any information provided to us by any Bill-issuing Merchants in connection with or for the purposes of the View Bill Service, and we will not be liable for any such information. You need to check and verify any such information independently, and/or with the Bill-issuing Merchants.
- We reserve the right to withdraw or suspend, at its sole discretion and without assigning any reason whatsoever to you, all or any part of View Bill Service.
- We reserve the right to add to, delete and/or vary any provision of these Terms and Conditions upon notice to be posted on the PPS Website. Use of the View Bill Service after the date upon which any change to these Terms and Conditions is to take effect (as specified in the notice) will constitute acceptance of such change by you.
- The terms of the Privacy Policy applicable to the View Bill Service, except to the extent amended or supplemented by these Terms and Conditions, will apply to the personal data collected for the purposes of or in connection with the View Bill Service.
- If there is any inconsistency between these Terms and Conditions and the General Conditions, the inconsistency will be resolved in the following order of preference:
- these Terms and Conditions; and
- the General Conditions.
- Each of the provisions of these Terms and Conditions is severable and distinct from the others, and if one or more of such provisions is or becomes invalid, illegal or unenforceable, such invalid, illegal or unenforceable provisions shall be deleted from these Terms and Conditions and no longer incorporated herein, but, the other provisions shall continue to be effective and binding on the parties.
- These Terms and Conditions will be governed by the laws of Hong Kong, and you irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong.
- Should there be any discrepancy between the English and Chinese versions (if any) of these Terms and Conditions, the English version shall prevail.
- Unless otherwise defined in this Clause 15 below, defined terms used herein shall have the same meaning as those defined in the General Conditions:
- Bill-issuing Merchant means any entity, company or organisation which has entered into relevant arrangements with EPS for receiving payment for their bills made by a PPS Account holder via the View Bill Service, and which has agreed to participate in the View Bill Service;
- e-Bill means the bill information which includes, but not limited to the bill number, bill amount, bill type, bill issue date and due date released by the Bill-issuing Merchant to PPS Account holder who has successfully registered the relevant Bill in the View Bill Service via the PPS Website;
- General Conditions means the PPS Services General Terms and Conditions of Use, which are available for reference on the PPS Website;
- Hong Kong means the Hong Kong Special Administrative Region of the People's Republic of China;
- Participating Bank means a Bank which has agreed to participate in the View Bill Service;
- PPS Website means www.ppshk.com and/or such other Site(s) as designated by PPS;
- Privacy Policy means EPS Company (Hong Kong) Limited 易辦事(香港)有限公司 – Personal Data (Privacy) Ordinance - Privacy Policy Statement, which is available for reference on the PPS Website;
- Terms and Conditions means these Terms and Conditions of the View Bill Service; and
- View Bill Service means the view bill service offered on PPS, which offers PPS Account holders the option, upon successful registration of the View Bill Service on the PPS Website, to receive and view e-Bills on the PPS Website, and to select to settle the relevant e-Bill through the View Bill Service.
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BY REGISTERING TO USE BIOMETRIC AUTHENTICATION, YOU WILL BE TAKEN TO HAVE ACCEPTED AND AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU REGISTER. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT REGISTER FOR BIOMETRIC AUTHENTICATION.
- Introduction
- These Terms and Conditions shall be read together with the PPS Services General Terms and Conditions of Use and any other terms and conditions governing the PPS Account, Services and/or Transactions (collectively, "Other PPS Conditions"). In case of any inconsistency between these Terms and Conditions and any Other PPS Conditions, these Terms and Conditions shall prevail insofar as the biometric authentication function is concerned.
- These Terms and Conditions apply to the biometric authentication function which we may make available in the PPS mobile application ("App") from time to time. Such biometric authentication function forms part of the Services provided by us.
- Words defined in the PPS Services General Terms and Conditions of Use have the same meaning when used in these Terms and Conditions.
- About the biometric authentication function
- The biometric authentication function provides another way to verify your identity to enable you to operate your PPS Account and/or effect Transactions. This is in addition to the existing ways for verifying your identity by using personal passwords including PPS Internet Password, PPS One-Time Password and PPS Phone Password (collectively, "PPS Passwords").
- We have the right to set and vary the features of the biometric authentication function from time to time without prior notice. The biometric authentication function may be available to fingerprint, facial image or any other biometric data as we may prescribe from time to time.
- By registering to use the biometric authentication function:
- you expressly authorise us to verify your identity by your biometric credentials instead of the PPS Passwords; and
- you expressly agree to be bound by the Transactions effected according to your instructions after biometric authentication; and
- you expressly confirm that we have no obligation to take any further step than checking the biometric credentials to verify the identity of the person giving instructions or the authenticity of such instructions.
- Registration and use of the biometric authentication function
- In order to use the biometric authentication function:
- you must maintain a valid PPS Account;
- you must have registered a mobile device with us for using the Services which mobile device must meet the model and/or other specifications prescribed by us from time to time ("Registered Mobile Device");
- you must have installed the App on the Registered Mobile Device;
- you must have activated the biometric identity sensor module on the Registered Mobile Device and registered at least one of your biometric credentials to control access to the Registered Mobile Device; and
- you must have completed the registration process for the biometric authentication function through the App in the manner prescribed by us.
- You consent to the biometric authentication process which is performed by the App interfacing with and accessing the biometric identity sensor module on the Registered Mobile Device for the necessary information to perform the authentication. We do not collect or store your biometric credentials for the biometric authentication function.
- Your responsibilities and security measures
- In order to safeguard against unauthorized transactions, you should take all reasonably practicable security measures to prevent unauthorized or fraudulent use of the biometric authentication function. These security measures should include at least the following. You should also refer to the security advice provided by us from time to time in the App or on our website www.ppshk.com:
- Do not use the biometric authentication function 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 "jail-broken" or "rooted". A jail broken or rooted device means one that has been freed from the limitations imposed on the device by the mobile service provider or the device manufacturer without their approval. The use of the biometric authentication function on a jail broken or rooted device may compromise security and result in unauthorized transactions. If you use the biometric authentication function in a jail broken or rooted device, you bear the full risk and are solely responsible for any loss or other consequence suffered or incurred by you as a result.
- Keep the Registered Mobile Device safe and safeguard the secrecy of your biometric credentials and the personal credentials used by you to register and store your biometric credentials on the Registered Mobile Device. Do not allow anyone else to use the Registered Mobile Device, your biometric credentials or your personal credentials, and safeguard them from loss, theft, accidental or unauthorized leak or unauthorized use.
- After registering for the biometric authentication function, all biometric credentials stored on the Registered Mobile Device can be used for biometric authentication to access your PPS Account and conduct Transactions. Therefore, you should not store biometric credentials other than your own on the Registered Mobile Device. If you store or allow any other person's biometric credentials to be stored on the Registered Mobile Device, you bear the full risk and are solely responsible for any loss or other consequence suffered or incurred by you as a result.
- Do not use the biometric authentication function if you reasonably believe that any other person may have identical or very similar biometric credentials. For example, you should not use facial image if you have a twin or sibling sharing similar facial features.
- Do not use the biometric authentication function if the relevant biometric credentials will change. For example, you should not use facial image if you expect your facial features to change.
- Do not take any action to disable any function provided by, and do not agree to any settings of, the Registered Mobile Device that would otherwise compromise the security of the use of your biometric credentials for the biometric authentication function. For example, you should not disable the "attention aware" setting for facial recognition.
- If you are aware or suspect of any loss, theft, disclosure or unauthorised use of the Registered Mobile Device, your biometric credentials or personal credentials, you must immediately notify both of (i) us through our hotline or other means of communication as set out in our website; and (ii) the Bank.
- You acknowledge and accept that any accidental or unauthorised disclosure or use of the Registered Mobile Device, your biometric credentials or personal credentials may cause your PPS Account to be used to incur substantial liabilities. We will not be responsible for any loss suffered by you as a result of (i) loss, theft, disclosure or use of the Registered Mobile Device, your biometric credentials or personal credentials, whether or not there has been negligence or fault on your part; or (ii) your failure to take reasonably practicable steps to safeguard the Registered Mobile Device, your biometric credentials or personal credentials.
- Termination of the biometric authentication function
- You may de-register the biometric authentication function at any time in the App in the manner prescribed by us.
- We have the right to suspend or terminate the biometric authentication function or your use of that function at any time without giving prior notice or reason.
- Even if you de-register the biometric authentication function or if we suspend or terminate your use of that function, your biometric credentials stored on the Registered Mobile Device will not be deleted automatically. You will have to delete them yourself.
- Limitation of our liabilities
- The biometric authentication function is provided to you on an "as is" and "as available" basis. We give no warranty in relation to the biometric authentication function, whether express or implied, including we do not warrant the condition or performance of the biometric authentication function or whether it is fit for any particular purpose, or that it will be available on a timely basis or does not infringe third party rights, or that it is secure, error-free or will function without disruption. To the extent permitted by law, we disclaim all warranties and liabilities that the biometric authentication function will be free of computer viruses or other contaminating or destructive properties or that no damage will occur to the Registered Mobile Device in using the biometric authentication function. Unless caused by our gross negligence or wilful default, we are not responsible for any loss that may be incurred or suffered by you arising from or in connection with your use of or inability to use the biometric authentication function.
- The biometric identity sensor module on the Registered Mobile Device is not provided by us. We are not responsible for quality or performance of such module nor the biometric identity sensor technology.
- In no circumstances are we liable for any indirect, incidental, consequential, special or punitive damages arising from or in connection with your use of or inability to use the biometric authentication function.
- Revising these Terms and Conditions
We have the right to revise these Terms and Conditions from time to time by giving reasonable notice. Such notice may be given by posting it in the App, on our website or any other means as we consider appropriate. The revised Terms and Conditions shall be binding on you if you continue to use the biometric authentication function on or after the date on which the revisions take effect.
- Severability
Each provision of these Terms and Conditions is severable from the others. If any provision or part of a provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable in any respect, the remaining part of the provision and all other provisions will not be affected and will remain in full force and effect.
- Third party rights
No person other than you and us has any right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623 of the Laws of Hong Kong) to enforce or to enjoy the benefit of these Terms and Conditions.
- Governing law
These Terms and Conditions will be governed by the laws of Hong Kong. You irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong.
- Governing version
Should there be any discrepancy between the English and Chinese version of these Terms and Conditions, the English version shall prevail.
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