These biometric authentication terms and conditions (“Biometric Terms”) apply to and regulate the use of the biometric authentication service provided by CGS International Securities Malaysia Sdn. Bhd. (formerly known as CGS-CIMB Securities Sdn. Bhd.) (“CGS MY”, “we”, “us” or “our”) with respect to the UP Mobile App (as defined below).
1. Definitions
“Biometric Authentication” means a user identity verification process that involves a biological input or the scanning or analysis of some parts of the body which includes but is not limited to Touch ID or Face ID as a means to enable your login to the UP Mobile App.
“Biometric Data” means the fingerprint imprints, digital representations of facial characteristics and any other means that are used for verifying your user identity, as captured via the Touch ID or Face ID module of your mobile device.
“Face ID(s)” means the facial recognition feature saved on your mobile device (which supports facial recognition authentication function) which may be used in place of your UP User ID and password to access your UP Account to perform the UP Services.
“Facility” means the UP electronic trading facility.
“UP Account” means a trading account which you may open with CGS MY for the performance and receipt of any UP Services, as applicable.
“UP Mobile App” means the mobile application which may be downloaded and accessed by you via iOS or Android mobile devices to access the Facility and perform selected UP Services as may be determined by us from time to time.
“UP User ID” means a unique name selected by you the first time that you register with CGS MY for an UP Account (which must be keyed in by you every time you log on to the UP Mobile App), for verification and authentication purposes in order to grant you access to the UP Services.
“UP Services” means the facilities, products and services that may be provided to you by CGS MY under the Terms of Usage of UP, including but not limited to, trading via the Facility.
“Terms of Usage of UP” means the terms of use of the UP Mobile App in relation to online trading on the Facility, CGS MY’s General Terms and Conditions, and such other terms and conditions governing the opening of a trading account with CGS MY which shall continue to apply to the use of and trading via the Facility.
“Touch ID(s)” means the touch ID imprint(s) saved on your mobile device (which supports the fingerprint authentication function) which may be used in place of your UP User ID and password to access your UP Account to access the UP Services.
2. Introduction
You may use your Face ID or Touch ID registered on a mobile device (where this supports the relevant authentication function) in lieu of your UP User ID and password as a security code to confirm your identity to access and enable your login to the UP Mobile App.
The Biometric Authentication service is provided as part of the UP Services and shall be read in conjunction with the Terms of Usage of UP.
In the event of any conflict or inconsistency, these Biometric Terms shall prevail over the Terms of Usage of UP to the extent that such conflict or inconsistency relates to your access and use of the Biometric Authentication service.
3. Terms
I) You understand the need to protect your mobile device and shall be responsible for any use of your mobile device (whether authorised by you or otherwise) to access the UP Mobile App using your Biometric Data registered with your mobile device or enrolled with the UP Mobile App. In this regard, you authorize CGS MY to accept, follow and act on all instructions transmitted via the UP Mobile App which has been verified using your Biometric Data, and such instruction provided to us will be deemed as regular and genuine instruction made, submitted and effected by you, will be irrevocable and binding on you upon transmission. You will be solely responsible for the security and care of the mobile devices used for the Biometric Authentication service.
II) You agree and acknowledge that you must at all times keep your Biometric Data confidential and will not share your Biometric Data with any person, including any officers or employees of CGS MY.
III) You will take all reasonable precautions necessary to ensure that no other persons have or will be granted access to your Biometric Data and agree that you shall NOT register or store any third party’s fingerprints in your mobile device or any third party’s face on your mobile devices. You understand that where Biometric Authentication is activated on the UP Mobile App, any third party’s Biometric Data stored on your mobile devices can be used to access and authorize logins to the UP Mobile App, for which CGS MY shall not be held responsible whatsoever for such access or any losses or damages incurred by you as a result of such access authorized by you.
IV) You may still choose to access the UP Mobile App using your UP User ID and password.
V) In addition to the disclaimers and exclusions of liability in the Terms of Usage of UP:
a. You acknowledge that the authentication is performed by CGS MY by interfacing with the Biometric Authentication module on your mobile devices and that you agree to such authentication process.
b. You understand that the Face ID and/or Touch ID authentication module(s) of your mobile device is/are not provided by CGS MY, and we make no representation or warranty as to the security of the Face ID and/or Touch ID authentication function(s) of any mobile device and whether it works in the way that the manufacturer of the device represents.
c. We do not represent or warrant that the Biometric Authentication service will be accessible at all times, or that it will function with any electronic equipment, software, infrastructure or other electronic services that we may offer from time to time.
VI) Except to the extent that any law prohibits us from excluding or limiting our liability, we shall not be liable for any loss you incur or incurred in connection with any loss, theft or unauthorized use of your Biometric Data, the use or attempted use of the Biometric Authentication service, or your instructions, or any unauthorised transactions through or in connection with the Biometric Authentication service.
VII) You shall keep us, our officers, directors, employees, and agents indemnified for all loss and damage which we may incur or suffer in connection with any failure by you to comply with any of these Biometric Terms, any improper use of the Biometric Authentication service and any action taken by us in accordance with your instructions transmitted via your Biometric Data provided to us. You agree and acknowledge that your obligation to indemnify us will survive the termination of your use of the UP Mobile App.