Definitions Applicable to Fubon GO Service

Definitions Applicable to Fubon GO Service

The Specific Terms below (the “Fubon GO Specific Terms”) shall apply whenever the Bank agrees to provide Fubon GO Service to the Customer. Should there be any inconsistency between the Fubon GO Specific Terms and other relevant terms and conditions, the Fubon GO Specific Terms shall prevail.

Unless otherwise stated to the contrary, in the Fubon GO Specific Terms:

“Application Form” means Fubon's standard application form (whether in the form of physical copy or in any substantially identical form that the Bank may designate from time to time, including but not limited to the Fubon GO Service) for a particular Account or Service it provides executed by or on behalf of the Customer, as amended or supplemented from time to time, and includes as part of it, (where applicable) any Biometric Data collected, the Signature Card, the Instruction Indemnity and the Authorisation Form;

“Biometric Data” is a type of personal data which includes physiological data with which an individual is born with and behavioural data developed by an individual after birth. By way of an example, “Biometric Data” shall include facial images;

“Biometric Authentication” shall have the meaning given to it in Section 5 of these Terms;

“Content” includes items that a Customer may see, read, hear, download, install, modify or otherwise access on or via Fubon GO (including but not limited to messages, files, Data, software, images, photographs, illustrations, expression, presentation, opinion, advice, form, format, mode or method of compilation, selection, configuration, text and other materials);

"Customer" means the person of persons in whose name or names an Account is to be opened and/or is opened; or a Service is to be supplied and/or is supplied and reference to the Customer shall include: (i) if the Customer is an individual, the Customer's executor, personal representative, lawful successor, assign and trustee in bankruptcy; and (ii) if the Customer is a limited company, partnership, sole proprietor, Society or corporation, its successors and assigns. Where an Account or Service is applied for in the name of a partnership or firm, or by more than one person, the term Customer shall be construed, as the context requires, to mean one and/or all of them;

“Device” means any electronic device such as a mobile phone, tablet, other device or telecommunication equipment, together with all software and other hardware required to access Fubon GO through the Fubon GO Mobile App;

“Fubon GO Service” shall have the meaning given to it in Section 1 of these Terms;

“Fubon GO Mobile App” means the Bank’s mobile phone application which the Bank offered for use on compatible Devices through which the Customer may use the Fubon GO Service; and

“Information” means any form of Data, news, report, information or material made available through the Fubon GO, including but not limited to text, images, sound codes, computer programs, software and databases, as well as any exchange rate, interest rate, price and calculated amount (such as a monthly instalment amount under a mortgage loan), whether or not given as a result of any Instructions.

1. The Provision of the Fubon GO Service

1.1	The Bank shall provide an electronic service that permits the Customer to opening Accounts and/or applying for Services which the Bank may provide from time to time in its absolute and sole discretion, by submitting the Information to the Bank through the Fubon GO Mobile App (the "Fubon GO Service").
1.2	The Bank reserves the right to determine and vary the scope of the Fubon GO Service to be provided from time to time (upon giving reasonable prior notice to the Customer) in the Bank's absolute and sole discretion, including but not limited to, the right: 1.2.1  to modify, expand or reduce the scope of the Services for application under the Fubon GO Service, or to terminate the Fubon GO Service; 1.2.2  to limit the number or type of Customer who could access and use the Fubon GO Service; and 1.2.3  to impose or vary any requirements and/or conditions on the use of the Fubon GO Service, including but not limited to, the eligibility criteria, the Information required to be submitted and/or imposition of additional due diligence process as may be prescribed by the Bank from time to time.
1.3	The Fubon GO Service is offered for the Customer's sole and exclusive use and only in such jurisdictions and to such extent where and when they may be lawfully offered and processed under the Laws of Hong Kong SAR.
1.4	The opening of Accounts and/or provision of Services by the Bank are subject to the satisfactory provision of Information by the Customer. The Bank has the right to request for further and better documents and/or refuse application for Accounts and/or Services (whether in its entirety or, where the customer applied for more than one Service, any or all of the Services applied) at its sole discretion without giving any reason.
1.5	Any indication by the Customer of his/her agreement to any terms and conditions (including but not limited to the “Global Terms and Conditions for Accounts and Services”, the Fubon GO Specific Terms and/or any other relevant terms and conditions) by any electronic means prescribed by the Bank shall constitute the Customer’s electronic signature for the purposes of the Electronic Transactions Ordinance (Cap. 553 of the Laws of Hong Kong).

2. Terms of Use of the Fubon GO Mobile App

2.1	The Fubon GO Specific Terms apply to the Fubon GO Mobile App, including any updates or supplements to the Fubon GO Mobile App, unless otherwise stated in writing.
2.2	The Fubon GO Mobile App is maintained in Hong Kong Special Administrative Region. The information contained in the Fubon GO Mobile App and the Fubon GO Service are directed at persons in Hong Kong and not intended for distribution to or use by any persons in any jurisdiction where such distribution or use breaches any local laws or regulations. The Fubon GO Mobile App does not constitute any offer or solicitation to provide products or services to any person to whom it is unlawful to make such offer or solicitation or where the local law or regulation does not permit the use of such products or services.
2.3	The Fubon GO Mobile App can be used on a Device running an operating system supported and specified by the Bank from time to time. The Bank shall not be liable if the Customer does not use the Fubon GO Mobile App on a Device that meets the requirements and consequently, the Fubon GO Mobile App malfunctions or that not all of the features of the Fubon GO Mobile App can be utilised.
2.4	From time to time, updates to the Fubon GO Mobile App may be issued by the Bank through the App Store. The Bank may require the Customer to download the latest version of the Fubon GO Mobile App in order to use the Fubon GO Mobile App.
2.5	The rights to the Fubon GO Mobile App (except for any information provided by the Bank’s licensors or by the Bank’s third party providers) are owned by the Bank. The Bank reserves the right to, at the Bank’s absolute discretion, suspend or terminate the Customer’s use of the Fubon GO Mobile App or any part of it.
2.6	The Customer acknowledges that the Fubon GO Mobile App has not been developed to meet his/her individual requirements. The Customer shall be responsible to ensure that the facilities and functions of the Fubon GO Mobile App meet his/her requirements.
2.7	The Bank does not charge any fee for the downloading of the Fubon GO Mobile App. The Customer is liable for any telephone charges and/or any charges made by the Internet service provider as a result of connection in order to use or access the Fubon GO Mobile App.
2.8	The Customer shall not use or permit the use of the Fubon GO Mobile App, in whole or in part, for any purpose (whether legal or illegal) other than as specifically intended for the Customer to provide Information to the Bank in order to open Accounts and/or apply for the Services. In particular, but without limitation, the Customer shall not and shall not procure or knowingly allow any other person to: 2.8.1  disrupt of interfere with the Fubon GO Mobile App or servers or other software, hardware or equipment connected to or via the Fubon GO Mobile App; 2.8.2  use the Fubon GO Mobile App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Fubon GO Specific Terms or act fraudulently or maliciously, for example, by hacking into or compromising the Fubon GO Mobile App or any operating system in any way; 2.8.3  collect or store any Information, Biometric Data or Data about other users or parties of the Fubon GO Mobile App and/or the Bank other than those of the Customer him/herself or as permitted by the Bank expressly; 2.8.4  infringe the Bank’s intellectual property rights or those of any third party in relation to the Customer’s use of the Fubon GO Mobile App (to the extent that such use is not licensed by these Fubon GO Specific Terms); 2.8.5  save as expressly permitted by the Bank, alter, modify, adapt, decompile, reverse engineer, copy or reproduce all or any part of the Fubon GO Mobile App. 2.8.6  to transmit any material that is defamatory, offensive or otherwise objectionable in relation to the Customer’s use of the Fubon GO Mobile App; or 2.8.7  to access without authority, interfere with, manipulate, damage or disrupt: (i)  any part of the Fubon GO Mobile App; (ii)  any device or network on which the Fubon GO Mobile App is stored; (iii)  any software used in the provision of the Fubon GO Mobile App; or (iv)  any device or network or software owned or used by any third party.
2.9	The Bank will take such steps as it may deem reasonably practicable (i) to ensure that its systems in connection with the provision of the Fubon GO Service are installed with reasonably prudent security and designs and (ii) to control and manage the risks in operating such systems, taking into account the Applicable Law relating to the Bank and/or the Fubon GO Service.
2.10	The Customer will make available at the Customer's own cost, the device and/or software with access to the internet capable of using the Fubon GO Mobile App and supporting the Customer's use of the Fubon GO Mobile App that is free from any viruses, spywares, destructive components, malwares or any software or hardware that may harm the Fubon GO Mobile App, and at the Customer's own risk.

3. Fubon GO Service

3.1	By using the Fubon GO Mobile App, the Customer is required to follow such procedure and provide such Information and Document through the Fubon GO Mobile App (or any other channels as the Bank may specify from time to time), including the Customer’s Biometric Data and such other identification information and/or documents as the Bank requires to perform the Bank’s “Know Your Customer” procedures and/or to comply with applicable laws and regulatory requirements.
3.2	The Bank is entitled to refuse to open Account or provide any Services to the Customer unless the Customer has submitted Information and Document to the satisfaction of the Bank.
3.3	To access the Fubon GO Mobile App for the first time, the Customer must register with his/her Hong Kong mobile phone number that is capable of receiving SMS-based One Time Password (OTP), or in such other means as the Bank may from time to time specify. In case if the Customer is an individual, the Fubon GO Mobile App is for his/her sole and exclusive use. In case if the Customer is a limited company, partnership, sole proprietor, society or corporation, it shall nominate, according to such procedures as the Bank may prescribe, one individual as shall be permitted by the Bank (including, where the Customer is a sole-proprietorship, the sole proprietor) to use the Fubon GO Mobile App (the "Authorised Fubon GO User") and the Fubon GO Mobile App shall be used by the Authorised Fubon GO User and not any other person. The Customer agrees to ensure that each of the Authorised Fubon GO User comply with these Terms and Conditions and any security procedures mentioned or referred to in it, including but not limited to, the security recommendations contained in the Fubon GO Security Tips that the Bank shall publish on its website and update from time to time.
3.4	In order to perform the “Know Your Customer” procedure, the Bank may authenticate the identity of the Customer by verifying the Customer’s real-time facial image against the Customer’s pre-captured image provided by Customer and stored in the Bank’s records through Biometric Authentication which may be used in conjunction with automated decision-making tools in the application process.
3.5	In order to open an Account and/or provide Services to the Customer, the Bank may also request the Customer to provide an e-mail address for the purposes of receiving e-mail-based One Time Password (OTP) and verification of identity.

4. Terms GOverning OTP

4.1

The terms under Section III M of the “Global Terms and Conditions for Accounts and Services” (“SPECIFIC TERMS FOR ONE-TIME PASSWORD AUTHENTICATION SERVICE ("SERVICE")”) shall apply to the provision of OTP (whether SMS-based or e-mail-based). For the avoidance of doubt, the terms of Section III M shall also apply, mutatis mutandis, in the case of e-mail-based OTP.

5. Terms GOverning Biometric Authentication

5.1

By using the Fubon GO Mobile App, the Customer accepts and agrees that: (i)  In order to conduct the Biometric Authentication, the Customer is required to switch on the Camera function on the Settings of the Device to provide his/her facial image. The Bank shall not be able to provide the Fubon GO Service to the Customer if the Customer’s device does not support the Camera function or could not switch on the Camera function on the Settings of the Device; (ii)  the Bank is entitled to withhold the application for Account and/or Services unless and until the Customer has been verified by Biometric Authentication; (iii)  the Customer should not use Biometric Authentication if the Customer reasonably believes that any other person may share identical or very similar Biometric Data as the Customer’s Biometric Data (for example, if the Customer has a twin or sibling sharing similar facial features); (iv)  the Customer should not use Biometric Authentication if his/her facial features have changed substantially; and (v)  by continuing to use the Fubon GO Mobile App, the Customer is deemed to have agreed to these Fubon GO Specific Terms, consented to the collection and use of facial image taken with the Camera function of the Customer’s Device, and has instructed the Bank to perform the Biometric Authentication.

6. Security in using Fubon GO Service

6.1	For security purposes, the Customer agrees to follow and adhere to any guidelines and/or advice which the Bank may, in its absolute and sole discretion, issue from time to time in relation to the use of and access to the Fubon GO Service and shall not use or access the Fubon GO Mobile App by any other means including hyperlink or QR Codes embedded in unsolicited emails, mobile Apps or websites other than the official website of the Bank.
6.2	The Customer and, where applicable, the Authorised Fubon GO User shall take all reasonable steps to keep all identifier (including the Hong Kong mobile phone number that receives SMS-based One Time Password (OTP)), e-mail-based OTP and any other device or secret code (if applicable) used for accessing the Fubon GO Service safe, secure safe and secret to prevent fraud. In particular, the Customer and, where applicable, the Authorised Fubon GO User shall: 6.2.1  not allow any other person to use any identifier, SMS-based One Time Password (OTP), e-mail-based OTP and/or the security code (if applicable); 6.2.2  never write down any identifier and/or the security code (if applicable) on any device for accessing the Fubon GO Mobile App or on anything usually kept with or near it; and 6.2.3  not write down or record any identifier and/or the security code (if applicable) without disguising it. 6.2.4  The Customer agrees that he/she has sole responsibility for the safe custody and retention of the identifier, SMS-based One Time Password (OTP), e-mail-based OTP and/or the security code (if applicable) and the Customer will keep them strictly confidential at his/her own risk.
6.3	The Customer shall immediately notify the Bank via such means and in such format and manner as shall be acceptable to the Bank, if the Customer has reason to suspect or becomes aware of any disclosure or unauthorised use of the Customer's identifier, SMS-based One Time Password (OTP), e-mail-based OTP and/or the security code (if applicable) (the "Notification") and until the Bank's actual receipt of such Notification, the Customer and, where applicable, the Authorised Fubon GO User shall remain responsible for any and all use of the Fubon GO Mobile App by unauthorized persons or for unauthorised purposes. Upon confirmation of the authenticity of such Notification to the satisfaction of the Bank, the Bank may at the Customer's cost suspend the use of the Customer's Accounts and other related Services that is applied for and/or obtained through the Fubon GO Mobile App. If the Customer acts fraudulently or with gross negligence, he/she shall remain wholly responsible for all losses and damages arising out of or in connection with the use of any of the Fubon GO Mobile App and the Content by any unauthorised third party.

7. Disclaimer of Liabilities by the Bank

7.1	While the Bank makes reasonable efforts to provide the Fubon GO Mobile App, the Customer acknowledge that the Fubon GO Mobile App may not be available for use at all times, and is subject to (including but not limited to) interruption, failure of hardware or software, errors, transmission blackouts, delayed transmissions due to internet traffic or incorrect data transmission due to the public nature of the internet, market volume or volatility, system failure or upgrades or maintenance or for other reasons. The Bank will not be liable for any failure to provide those services, in part or in full, due to any abnormal and unforeseen circumstances beyond the Bank’s control and the consequences of which would have been unavoidable despite all efforts to the contrary.
7.2	The Bank is not liable for any loss, damage or expense of any kind incurred or suffered by the Customer arising from or in connection with the Customer’s use of or inability to use the Fubon GO Mobile App, unless it is caused by the gross negligence or willful default on the Bank’s part or on the part of the Bank’s employees or agents.
7.3	The Customer’s use of the Fubon GO Mobile App is wholly at his/her own risk. The Fubon GO Mobile App is provided on an "as is" basis with no representation, guarantee or agreement of any kind as to its functionality.
7.4	The Fubon GO Mobile App may provide a range of Content. The Customer acknowledges that such information has not been investigated, verified, monitored or endorsed by the Bank. The Bank does not warrant the accuracy, reliability, timeliness, completeness or correct sequencing of the Content nor bear any liability for any loss arising from any inaccuracy, omission or incompleteness of the information, regardless of whether the Content is provided by the Bank or a third party.
7.5	The Bank does not represent or warrant that viruses or other destructive properties will not be transmitted or that the Customer’s device will not be damaged during the Customer’s use of the Fubon GO Mobile App. The Customer is solely responsible for ensuring adequate protection and back-up of the device and/or any data within such device, taking reasonable and appropriate precautions to scan for computer viruses or other destructive properties and to prevent the transmission of such computer viruses or destructive properties to the Customer’s device and for maintaining a means external to the Fubon GO Service for the reconstruction of lost Data. If the Customer's use of the Fubon GO Mobile App results in the need for servicing or replacing property, material, equipment or Data, the Customer agrees that the Bank will not be liable for any such costs.
7.6	The Bank makes no representations or warranties as to the accuracy, functionality or performance of any third party software used in connection with the Fubon GO Mobile App or the compatibility of any particular device with the Fubon GO Mobile App. The Customer is solely responsible for ensuring that the Customer’s devices meet the system requirements specified by such third party or by the Bank. The Bank shall not be liable to the Customer for any damage or alteration to the Customer’s device as a result of the installation or use of the Fubon GO Mobile App.
7.7	Customer is solely responsible for the accuracy and completeness of any Information and Document submitted and the Bank shall not be responsible to check or verify the same and that the Bank shall not be liable for any losses or damages suffered by the Customer arising from any inaccuracies or omissions of any Information.
7.8	Unless the Bank otherwise agrees in writing, the Bank shall be under no duty to verify the identity or authority of the person using the Fubon GO Mobile App apart from verifying the Identifier (including the Hong Kong mobile phone number that receives SMS-based One Time Password (OTP)), the e-mail-based OTP or secret code (if applicable) of the Customer submitted by the Customer or the Authorised Fubon GO User (if applicable).
7.9	Any submission of Information or Documents under the Fubon GO Mobile App shall not be deemed given and/or received by the Bank unless given in such manner as prescribed by the Bank from time to time and actually received by the Bank. It is also the duty of the Customer to enquire with the Bank whether or not the submission of Information or Documents are received by the Bank.
7.10	Unless due to the negligence, willful default or fraud of the Bank, its officers or employees, and only to the extent of direct and reasonably foreseeable loss and damage (if any) arising or resulting directly and solely therefrom, the Bank will not assume any liability or responsibility whatsoever to the Customer or any other person for the consequences arising from or in connection with: 7.10.1  access to and use of the Fubon GO Mobile App and/or access to any Content as a result of such access and/or use by the Customer or any other person of the Fubon GO Mobile App, whether or not authorized; 7.10.2  any interruption, interception, suspension, delay, loss, unavailability, defect or other failure in providing the Fubon GO Service, in transmitting Content relating to the Fubon GO Service or submitting or receiving the Information or Documents caused by any acts, omissions, events or circumstances beyond the reasonable control of the Bank, including but not limited to, failure of any communication network, act or omission of any third party information or service providers, mechanical failure, power failure, malfunction, breakdown, or inadequacy of equipment, installation or facilities, or any law, rules, regulations, codes, directions, regulatory guidelines or GOvernment order (whether or not having the force of law); and 7.10.3  transmission, posting and/or storage of any Content, Information and/or Document relating to the Customer, the Fubon GO Service and/or dealings conducted by the Customer in relation to or pursuant to the Fubon GO Service through or in any system, equipment or instrument of any communication network provider.
7.11	The Customer agrees that neither the Bank nor any information provider shall be deemed an investment adviser or other professional to the Customer. It is the Customer's sole responsibility to seek or determine market information and to seek independent professional advice on financial, investment, technical, legal, tax and other issues in connection with the access to and/or use of the Fubon GO Mobile App.
7.12	All Content will be made available on an "as is" basis and for reference purposes only. The Bank does not endorse or express any comment on any Content supplied by third party information providers nor does it assume any duty to check or verify such Content.
7.13	Notwithstanding any other terms under these Fubon GO Specific Terms, neither the Bank nor any other information or service provider shall in any circumstances be liable to the Customer for any incidental, indirect, special, consequential or exemplary damages, including but not limited to, any loss of use, revenue, profits or savings.

8. Personal Data

8.1	The Customer acknowledges and agrees that his/her use of the Fubon GO Mobile App will be GOverned by the "Notice to Customers and Other Individuals relating to the Personal Data (Privacy) Ordinance and Consumer Credit Data" and "Privacy Policy Statement" available on the Bank's website. The Customer understands that the "Notice to Customers and Other Individuals relating to the Personal Data (Privacy) Ordinance and Consumer Credit Data" and "Privacy Policy Statement" contains the Bank's policies and practices from time to time in force relating to personal data, including but not limited to its collection, use, possession, dispatch, transmission, access and correct and other matters incidental thereto and authorize the Bank to do so. The Bank undertakes that any such processing, sharing, storage or transmission of information will be done on a confidential basis and the Bank will endeavor to maintain the strict confidentiality of such information within the group companies of the Bank unless (a) otherwise required or permitted by any Applicable Law, regulation or request of any public or regulatory authority, or (b) disclosure is required for the purposes of preventing fraud; or (c) the Bank deems disclosure necessary to provide the Fubon GO Service.
8.2	When accessing or using the Fubon GO Mobile App and/or Fubon GO Service, the Customer may be providing the Bank with his/her personal data (including Biometric Data) (“Personal Data”). The Customer has certain rights in relation to the Personal Data. By accessing or using the Fubon GO Mobile App and/or Fubon GO Service, the Customer consents to provide the Personal Data to the Bank and for the capture, retention and use of the Personal Data by the Bank in accordance with the Bank's "Notice to Customers and Other Individuals relating to the Personal Data (Privacy) Ordinance and Consumer Credit Data" (the "Notice") and any privacy policy of the Bank applicable to the Fubon GO Service and Fubon GO Mobile App prevailing from time to time.
8.3	In addition to Section 8.2 above, the Personal Data collected by the Bank through the Fubon GO Mobile App will also be used by the Bank for processing Transactions, executing Instructions or improving the Fubon GO Service. The Customer agrees that for the purposes stated herein and stipulated in the Notice and any privacy policy of the Bank applicable to the Fubon GO Service prevailing from time to time, the Bank may disclose the Personal Data to third parties as stipulated in the Notice, although the Bank will use its best endeavors to maintain and keep the Personal Data confidential.

9. Intellectual Property

9.1	The Customer acknowledges and agrees that any part of the Content is (i) a trade secret, (ii) confidential and (iii) the proprietary property of the Bank and the relevant information providers. The Customer further acknowledges and agrees that such Content is subject to any Applicable Law relating to copyright and/or other intellectual property rights of the Bank or any relevant third party ("Intellectual Property Rights").
9.2	Unless the Customer is (i) expressly authorised by the Bank in writing or (ii) compelled by law and with prior written notice to the Bank, the Customer shall not, without the prior written consent of the Bank, participate in or permit any third party to: 9.2.1  sell, transfer, disclose, assign, publish, convey, lease, sub-lease, share, loan, transmit, duplicate, reproduce, distribute, broadcast, cablecast, display, publicly perform, download, put in circulation, prepare derivative works based on, repost or otherwise use, provide or disseminate any of the Content in any way for any purpose; or 9.2.2  remove, obliterate, erase, relocate or modify in any way any proprietary marking on or appearing with the Content, including but not limited to any trademark or copyright notice; or 9.2.3  use any Content on any other website, mobile Apps or in a networked computer environment for any purpose; or 9.2.4  decompile or attempt to decompile, reverse engineer, translate, convert, adapt, alter, modify, enhance, add to, delete, or in any way tamper with, or gain unauthorised access to, any part of the Content, and/or the Fubon GO Service; or 9.2.5  contravene any Applicable Law or otherwise infringe the Intellectual Property Rights of any party in accessing and/or using the Content, and/or the Fubon GO Service.
9.3	The Customer agrees that all rights, benefits, title and interest in and relating to the Content and any and all related copyright, patent, trademark, service mark, proprietary property, trade secrets and exclusive works are and shall remain the exclusive property of the Bank and the relevant information providers. Nothing in the Terms or in the Customer's use of the Fubon GO Service will (i) confer or transfer any Intellectual Property Right to the Customer, (ii) provide the Customer with a licence to exercise any Intellectual Property Right or (iii) otherwise enable the Customer to acquire any right with respect to the Content, unless it is expressly stated to the contrary. The Customer shall not make any representation or do any act which may be taken to indicate or otherwise imply that the Customer has any such right, benefit, title or interest.
9.4	The Customer acknowledges and agrees that the Bank and any information or service provider may, from time to time, upon giving the Customer reasonable prior notice, impose certain conditions upon the availability of any part of the Content that they supply. The Customer acknowledges and agrees that the Customer's continued access to, or the availability to the Customer of such Content after the relevant effective date of such conditions constitutes the Customer's acceptance of those conditions.

10. Liability of the customer

10.1

The Customer will be fully responsible and liable for all consequences arising from and/or in connection with the access to and use of the Fubon GO Service (including but not limited to submitting any application) and/or access to any Content by any person, whether or not authorised by the Customer.

10.2

Without prejudice to any other terms, if the Customer acts fraudulently or with gross negligence, he shall fully indemnify and keep fully harmless the Bank and its subsidiaries, affiliates, officers, employees and agents against all liabilities, claims, demand, losses, damages, costs, charges and expenses of any kind (including but not limited to legal fees on a full indemnity basis) which may be incurred and all actions or proceedings which may be brought by or against the Bank in connection with the provision of the Fubon GO Service and/or access to the Content, and/or the exercise or preservation of the Bank's powers and rights under these Fubon GO Specific Terms.

11. Miscellaneous Provision

11.1	A waiver by the Bank of any provision of these Fubon GO Specific Terms will not be effective unless given in writing and only to the extent that it is expressly stated to be given.
11.2	No forbearance, neglect or waiver by the Bank in the enforcement of any of these Fubon GO Specific Terms shall prejudice its rights thereafter to strictly enforce the same. A single exercise or partial exercise of any power or right by the Bank does not preclude further exercise of that power or right or the exercise of any other power or right.
11.3	The Bank shall determine and give reasonable notice to the Customer of the rate of any fee from time to time before they become effective which shall be binding on the Customer if the Customer uses the Fubon GO Service on or after the effective date. The Bank reserves the right to charge fees and to revise such fees in relation to the use of the Fubon GO Service.

12. Terms and Conditions for Fubon Bank Corporate Banking Onboarding Service and Merchant Customer Onboarding Service

12.1	Application 12.1.1  These terms shall be read together with the Bank’s Global Terms and Conditions for Accounts and Services. The Applicant understands and agrees that the Applicant’s request for and the provisions of the Fubon Bank Corporate and Merchant Customer Onboarding Service (the “Service”) may also be subject to, affected or limited by restrictions, terms and conditions imposed by third party product providers.
12.2	Definitions 12.2.1  Unless otherwise defined in these terms, defined terms used herein shall have the same meanings provided to them in the Global Terms and Conditions for Accounts and Services. 12.2.2  The following words and expressions shall have the following meanings: “website” means the Internet Banking Service website provided by the Bank.
12.3	Documentary Requirements 12.3.1  Customers applying for the Fubon Bank Corporate and Merchant Customer Onboarding Service shall submit documents and information set out in the Corporate and Merchant Customer Account Opening Checklist as provided or updated by the Bank from time to time. 12.3.2  Fubon Bank Corporate and Merchant Customer Onboarding Service will only be approved upon fulfillment of the following requirements by the Customer to the satisfaction of the Bank: (a)  provision of instruction or board resolution with authorized signatures in accordance with the Customer’s memorandum and articles of association or constitutional document of the Company or entity of the same effect; (b)  provision of documents and identification or verification information for account opening as required; and (c)  provision of any other information or documents as requested by the Bank for account opening and/or related purpose. The Customer represents that the information provided in this application is true and correct in all respects and agree to sign, execute and/or deliver such documents and perform such act as the Bank may request for the completion of the account opening. The Bank reserves the right to request for further documents and information as it deems appropriate for the purpose of complying with regulatory requirements and conducting client identification and due diligence before opening the account. The Bank also reserves the right to carry out checks and enquiries in connection with this corporate and merchant account opening application which will be subject to the Bank's final approval. The Bank has the absolute discretion to reject this application without providing any reason.
12.4	Customer Acknowledgement Customer acknowledges that the collection, use, storage and handing correction request of personal data will adhere to the Notice to Customers and Other Individuals relating to the Personal Data (Privacy) Ordinance and Consumer Credit Data and Privacy Policy Statement issued by the Bank (and as amended from time to time). Customer confirms that he/she/it has obtained the consent of the concerned part(ies) before providing such personal data and information to the Bank.
12.5	Limitations and Liabilities 12.5.1  The Customer acknowledges and agrees that information sent over the internet cannot be guaranteed to be completely secure. The Bank will not be responsible for any damages incurred by users as a result of any delay, loss, diversion, alteration or corruption of any information sent to the Bank over the internet. The Bank is not responsible in any manner for direct, indirect, special or consequential damages arising out of the use of this website. The access of this website is not intended for use by persons located in, or resident in jurisdictions that restrict the use of this website. This website has not been approved for use by any regulatory authority outside the Hong Kong Special Administrative Region. By making any application using this website, the Customer represents and warrants that he/she/it is either resident in the Hong Kong Special Administrative Region or the applicable laws and regulations of the relevant jurisdiction allowing the Customer to use this website. The use of this website may be restricted by law in certain jurisdictions. It is the Customer’s responsibility to find out what those legal restrictions are and observe them. If in doubt, the Customer should check with the local regulator or authority before using this website. The Bank disclaims all liabilities with regard to the Customer’s use of the website under such legal restrictions.
12.6	Amendment 12.6.1  The Bank reserves the right to amend, add or delete these terms and conditions at anytime by giving reasonable prior notice to customers and by such means of communication as the Bank shall deem fit and appropriate.
12.7	Governing Law 12.7.1  These Terms and all Instructions given shall be deemed to have been made in Hong Kong and shall be governed by and shall be enforced in accordance with the laws of the Hong Kong Special Administrative Region and the parties submit to the non-exclusive jurisdiction of the Hong Kong courts in respect of any dispute arising from or related to these terms and conditions.