328 Buisness Mobile Banking

1. These terms and conditions ("Terms") apply to and regulate your use of the security authentication service, namely biometric authentication (including fingerprint / face ID authentication / facial recognition) and self-assigned security passcode authentication (collectively, the "Service") provided by Dah Sing Bank, Limited ("the Bank" or "we" or "Dah Sing"). By registering or using the Service, you agree or are deemed to accept and agree to these Terms. If you do not accept these Terms, please stop registering or using the Service.

2. The Service (i) provides you an alternative means to log into 328 Business Mobile Banking Service ("Mobile Banking") and / or 328 Business e-Banking Service ("e-Banking"); and (ii) allows you to (instead of using the Security Code (defined in the Master Terms and Conditions of the Bank)) give instructions and make applications to the Bank through the Internet or other electronic means acceptable to the Bank via our 328 Business Mobile Application (the "App") by using your biometric authentication record(s) stored on your designated mobile device* or self-assigned security passcode.

*Designated mobile device means a mobile device which is compatible to the App and Service as may be announced by us from time to time. Please contact us for the updated list of such designated mobile devices.

3. By activating the Service, you agree that Dah Sing may treat and consider as valid and binding on you any instruction given, or agreement made with Dah Sing, which is authenticated through the Service without Dah Sing making any further inquiry as to the authority or identity of the person making or purporting to give such instructions or to make such agreement or their authenticity notwithstanding any error, misunderstanding, fraud, forgery or lack of clarity in the authorization. You acknowledge and agree that Dah Sing may still, but is not obliged to, require you to authenticate a transaction by your password and / or another form of authentication even though you have authenticated the same through the Service.

4. The Service is provided as part of the Bank's services, and accordingly:

4.1. These Terms are in addition to and shall be read in conjunction with the Bank's 328 Business Mobile Application User Agreement (the "Agreement") and any other documents forming part of our banking agreement and any reference to the terms and conditions of the Agreement shall include reference to these Terms; and

4.2. In the event of any conflict or inconsistency, these Terms shall prevail over the Agreement and the Master Terms and Conditions of the Bank to the extent of such conflict or inconsistency.

5. You acknowledge and agree that in order to use the Service through Mobile Banking and / or e-Banking:

5.1. You must be a valid user of our Mobile Banking or e-Banking, as the case may be;

5.2. You must install the App on a designated mobile device;

5.3. You will need to activate the biometric authentication function on your designated mobile device;

5.4. You must register the Service through Mobile Banking by using the one-time password sent to your mobile number registered with our Bank;

5.5. For biometric authentication service, you understand that upon successful registration of the Service on your designated mobile device, any fingerprint(s) or facial map that is / are stored on your designated mobile device can be used for the purpose of the Service. You must ensure that only authorized fingerprint(s) or facial map is / are stored on your designated mobile device to access the device; and

5.6. You must take all reasonable precautions to keep safe and prevent fraudulent use of your designated mobile device and security information. You will notify us as soon as possible if you know or suspect that your designated mobile device has been lost or stolen or that any unauthorized transactions have occurred.

6. You may still choose to log into Mobile Banking via the App and e-Banking via Internet browsers with Group ID, User ID, password and a SMS one-time password notwithstanding our provision of the Service.

7. You acknowledge that the Service is performed by the App by interfacing with the security authentication module on your designated mobile device and you agree to such authentication process. The Bank will not collect and / or store your security authentication record(s) in any manner at any stage of your registration or use of the Service.

8. Subject to clause 6 above, the original Two-Factor Authentication service (with the use of the Security Code) will no longer be available upon successful registration of the Service.

9. You can cancel the Service at any time through Mobile Banking, contacting the Bank's customer service hotline or accessing any of our branches. Please note that after you cancel the Service, your biometric data will remain to be stored in your designated mobile device. You may consider deleting such data at your own decision.

10. If you use QR code to login e-Banking:

10.1 you must use the scanner provided in the App;

10.2 you must complete the login within 100 seconds or such other designated time period upon the appearance of the QR code. If you fail to do so, you should refresh the page or wait until the original QR code expires to receive a new QR code.

11. We recommend you to allow receiving push notifications for the App on your designated mobile device. Otherwise, you will not be receiving notifications from the App and may not utilize certain part or parts of the Service.

12. If your biometric data or self-assigned security passcode of your designated mobile device has been compromised, you are required to forthwith cease using the Service.

13. You will be liable for all losses (including (but without limitation) losses arising from any unauthorized transactions) if you have acted fraudulently or with gross negligence, or allowed any third party to use your designated mobile device, or failed to comply with your obligations under these Terms, the Agreement, the security information and / or other relevant documents as provided by the Bank from time to time.

14. These Terms shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region and you agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.

15. In addition to and without subtracting the disclaimers and exclusion of liability provisions in the Agreement:

15.1. You understand that the biometric authentication module of your designated mobile device is not provided by the Bank, and we make no representation or warranty as to the security of the biometric authentication function of any designated mobile device and whether it works in the way that the manufacturer of the device represents;

15.2. We do not represent or warrant that the Service will be accessible at all times, or be compatible with any electronic equipment, software, infrastructure or other services that we may offer from time to time (including (but without limitation) Mobile Banking and e-Banking). The Bank shall not be liable for any loss incurred by you as a result of this; and

15.3. You shall indemnify us and keep us indemnified against any consequences, claims, proceedings, losses, damages or expenses (including all legal costs on an indemnity basis) whatsoever and howsoever caused (save and except any direct loss or damages caused by negligence or misconduct on our part) that may be incurred by us in connection with any improper use of the Service by you.

16. For security reasons, the Service will be automatically deactivated when:

16.1. the biometric data on your device is changed (e.g. add or delete fingerprints or reset facial map);

16.2. you register the Service in other devices in respect of the same Mobile Banking account;

16.3. you fail to input self-assigned security passcode for 5 consecutive times;

16.4. you have accumulated 5 times of facial recognition failure;

16.5. you instruct the Bank to do so.

You are required to re-register or re-activate the Service.

17. You should not use face ID authentication or facial recognition if you have an identical twin sibling or a sibling who looks like you, in which case you should use other form of approved authentication to access Mobile Banking, e-Banking and any other mobile applications that we may support from time to time. The probability of a false match using face ID authentication and facial recognition varies in some cases, such as for twins or siblings who look alike or adolescents, and the disabling of "Require Attention for Facial Recognition" function from your device settings. Please accept the associated risks and consequences if you continue to enable the face ID authentication and / or facial recognition.

18. You should not take any action to disable any function provided by, and / or agreeing to any settings of, your designated mobile device that would otherwise compromise the security of the use of the Service.

19. We reserve the right to modify, suspend or terminate the Service or its use by you at any time without giving prior notice or reason if we reasonably consider necessary or advisable to do so. These cases may include actual or suspected breach of security.

20. The Service herein shall fall within the meaning of the "Services" as defined in the Agreement. Without prejudice and in addition to clause 23 of the Agreement (in respect of amendment to the Agreement), these Terms may be amended or modified by the Bank at its sole and absolute discretion at any time and from time to time by posting the revised version on the App and / or the website of the Bank. You hereby agree that your access to or the availability to you of the App after the relevant effective date of such revised Terms shall constitute your acceptance of such revised Terms.

21. The Chinese version of these Terms is for reference only. Should there be any inconsistency or conflict between the English and Chinese versions of these Terms, the English version shall prevail.