Terms of Use for Mobile Banking Applications
By downloading and using the mobile banking application offered by Bank of Asia (BVI) Limited ("Bank" or "BOA") for mobile devices, tablets or other devices (the "Application"), you agree to be bound by these terms of use for applications offered by Bank and any other policies, terms or other documents that may be published from time to time, which are expressly incorporated herein by reference, including, but not limited to the existing general terms and conditions of BOA, and any other agreement between the Bank and you (collectively the "Terms and Conditions"). If you do not agree to the Terms and Conditions, you shall not download, install, copy, or otherwise use the Application.
The following are the Terms of Use for the Service (as defined hereinafter) and the Application. These Terms of Use, which may be amended from time to time, shall apply to any person (referred to herein as "you") who accesses or uses any feature of the Application.
The Service in these Terms of Use means a service available to every customer of Bank allowing them to access banking services provided by Bank with a compatible wireless web-enabled device or other device, each as may be designated by Bank from time to time ("Device"). You can enroll to obtain account information and make selected transactions using your Device. Regular account charges will apply to services and features that are accessible through the Service. The telecommunications carrier for your Device may impose an extra fee.
You are granted a non-exclusive, non-sublicensable, non-transferable, personal, limited license to install and use the Application only on a Device that you own or control, solely for your personal use and as expressly permitted herein. Certain software that the Bank uses to provide the Service has been licensed from third parties (each a "Third Party Licensor") that is not affiliated with Bank. This limited right to use such software is revocable at any time in the discretion of Bank. Bank and its Third Party Licensors retain all right, title and interest in and to the Application and any modifications and updates thereto. You agree not to decompile or reverse engineer any software in the Application. All rights not expressly granted to you herein are reserved.
The Service is provided "as is" and without warranty. You acknowledge and agree that from time to time, the Service may be delayed, interrupted or disrupted for an indeterminate period of time due to circumstances beyond the reasonable control of Bank including, without limitation, any inaccuracy, interruption or delay in transmission by the telecommunications carrier used with the Device to access the wireless web, or any interruptions, disruption or failure in the provision of the service, whether caused by strikes, power failures, equipment malfunctions or other reasons. The Bank, its affiliates or a Third Party Licensor shall not be liable for any claim arising from or related to the Service arising from any such delay, interruption, disruption or similar failure. In no event will the Bank or any affiliate or Third Party Licensor be liable for indirect, consequential or special damages, including lost profits, arising from your use of the Service, even if such damages were reasonably foreseeable and notice was given regarding them. These limitations will apply to all causes of action, whether arising from breach of contract, tort (including negligence) or any other legal theory.
By identifying a device as eligible for use with the Service, the Bank does not recommend, endorse or make any representation or warranty of any kind regarding the performance or operation of such device. You are responsible for the selection of a device and for all issues relating to the operation, performance and costs associated with such device with your telecommunications carrier.
You undertake to inform Bank as soon as reasonably practicable if you know or suspect that someone else is able to access your Device or the Application, or if your Device has come into possession or control of any unauthorized person.
Bank and its Third-Party Licensors have no obligation to correct any bugs, defects or errors in the Service or Application, or to otherwise support, maintain, improve, modify, upgrade, update or enhance the Service or Application. Except as otherwise required by applicable law or regulation, Bank may terminate your use of the Service and expand, reduce or suspend the type and/or dollar amounts of transactions allowed using the Service, change the enrolment process and transaction limits associated with it from time to time based on security issues and other factors at any time in its sole discretion without prior notice.
You acknowledge and agree that Bank may collect, transmit, store, and use technical, location, and login or other personal data and related information, including but not limited to technical information about your Device, system and application software, and peripherals, and information regarding your location, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to, or in connection with, the Service.
When you use the Service or the Application, Bank and third parties that Bank works with may use cookies and/or pixel tags to collect information and store your preferences. Bank may use the information for security purpose, to facilitate navigation, to display information more effectively, and to personalize your experience while using the Service or the Application, as well as for online tracking and marketing purposes. Bank may recognize your Device to assist your use of the Service or the Application. Bank also gathers statistical information about the usage of the Application, for security, fraud prevention and marketing purposes, and to continually improve the design and functionality and understand how the Application is used and to assist Bank with resolving questions regarding the Application. Cookies further may allow Bank to select which of its advertisements or offers are most likely to appeal to you and display them while you are online. Bank may also use cookies in online and mobile advertising to track responses to advertisements and to measure the success of marketing campaigns. You note that cookies and pixel tags do not capture any information that can personally identify you. The information Bank gathers help to improve user experience and may include (without limitation): time and duration of your use of the Application; and pages you viewed while using the Application.
As a customer of Bank, the data submitted by you through use of the Service or Application will also be governed by the Bank's Privacy Policy available on www.bankasia.com.
Depending on the type and model of your Device, you may be able to use biometric authentication technology on your Device, for example, Fingerprint Authentication/Touch ID or Face ID, and access the Application using your fingerprint or facial data or other biometric credentials which are stored on your Device instead of a password.
Activating Fingerprint Authentication/Touch ID or Face ID or other biometric authentication technology on your Device for the Application would allow any fingerprint or facial data or other biometric credentials stored on your Device, now or in the future, to be used to access the Application, and consequently view your Bank accounts and effect transactions such as transferring money from such accounts.
Accordingly, you agree:
a. not to activate Fingerprint Authentication/Touch ID or Face ID or other biometric authentication technology on your Device for the Application if you have any other person's fingerprint or facial data or other biometric credentials stored on your Device; and
b. not to take any action to disable any function provided by, and/or agreeing to any settings of, your Device that would otherwise compromise the security of the use of your biometric credentials for authentication purposes (e.g. disabling "attention-aware" for facial recognition).
In addition, as general security measures, you agree:
a. to follow all security precautions provided by the manufacturer of your Device operating system;
b. not to use the Application on any device or operating system that has been modified outside the mobile device or operating system vendor supported or warranted configurations (e.g. 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 it by the mobile service provider and/or the phone manufacturer without their approval. The use of Application on a jail broken or rooted device may compromise security and lead to fraudulent transactions; and
c. to only download Application and its updates from official sources.
If you, despite the warning above, activate Fingerprint Authentication/Touch ID or Face ID or other biometric authentication technology on your Device for the Application, any access, transfers and/or transactions effected using any of the fingerprint(s) or facial data or biometric credentials stored on your Device will be considered as authorized by you and you will be fully responsible for them. You will also be fully responsible and liable for all consequences arising from or in connection with the use of the Service or the Application if you fail to take any of the security measures communicated or published by Bank or your Device manufacturer from time to time.
You acknowledge and agree that the Bank is not responsible for the Fingerprint Authentication/Touch ID/Face ID or other biometric sensor/authentication technology on your Device and Bank expressly excludes any statutory or other warranty, condition, term or undertaking as to the quality, accuracy or performance of Fingerprint Authentication/Touch ID/Face ID or any other biometric sensor/authentication technology on your Device as a means for securing access to and using the Application. By activating the Fingerprint Authentication/Touch ID/Face ID or other biometric sensor/authentication technology on your Device for the Application, you agree to Bank using and relying on Fingerprint Authentication/Touch ID/Face ID or such other biometric sensor/authentication technology on your Device to authenticate your identity, instead of requiring your password. You agree that Bank may treat and consider as valid and binding on you any instruction given, or agreement made with Bank, which is authenticated through Fingerprint Authentication/Touch ID/Face ID or any other biometric sensor/authentication technology on your Device without Bank making any further inquiry as to the authority or identity of the person making or purporting to give such instructions or their authenticity notwithstanding any error, misunderstanding, fraud, forgery or lack of clarity in or authorization for their terms. For certain transactions, you acknowledge that Bank may still require your password and/or another form of authentication even though you have accessed the Application using Fingerprint Authentication/Touch ID/Face ID or any other biometric sensor/authentication technology on your Device.
You must keep your mobile telephone under personal control and your password, account credentials and security details confidential. You must take all reasonable precautions to prevent loss, theft or unauthorized or fraudulent use of your mobile telephone, password, account credentials, security details or other confidential information.
You shall indemnify the Bank and keep the Bank indemnified against any consequences, claims, proceedings, loses, damages or expenses (including all legal costs on an indemnity basis) which are of reasonable amount whatsoever and howsoever caused (save and except any direct loss or damages caused by gross negligence or misconduct on the part of the Bank) that may arise to be reasonably incurred by the Bank in providing the Service to you arising out of or in connection with any improper use of the Service.
The Bank has the right to amend, add, delete, replace or supplement any of these Terms of Use at any time, and the same shall become binding on you from the date of their adoption by Bank and shall be deemed to have come to your attention by their being displayed at the websites or any other mode which Bank deems fit. Your continued use of the Service or Application shall constitute your acceptance of any such changes or modifications. You understand and accept that if you do not agree to these Terms or Use or its amendment, addition, deletion, replacement or supplement from time to time, you will be denied to (i) online banking access, (ii) mobile online banking access, and (iii) the access to view e-statement and e-advice.
Certain Services or Applications may be subject to separate terms and conditions, which are in addition to these Terms of Use. In the event of a conflict, the additional terms and conditions will govern for those Services or Applications.
The laws of the British Virgin Islands ("BVI") shall govern these Terms of Use. You hereby irrevocably submit to the non-exclusive jurisdiction of the BVI courts.
