1.1.

In these Conditions, unless the context otherwise requires, the following words and expressions shall have the following meanings:

1.2.

The definitions, terms and conditions in the Conditions for Registration and Use of HKeToll Account and the Conditions of Issue for Vehicle Tag determined by the Government pursuant to section 10 of the Road Traffic (Toll Tags) Regulation are applicable in these Conditions.

2.1.

You may log in to your HKeToll Account, Designated Stored-Value Account (where applicable) and/or to use various functions available in the Mobile App by using Biometric Credential and the Biometric Quick Access Code registered in your mobile device in lieu of your username (or account number) and password, as a quick and convenient method of identity verification.

2.2.

By activating any of the Mobile App Quick Access Using Biometric Credentials, you authorize and consent to the use of your Biometric Credential for identity verification. You shall be deemed to have clearly understood and agreed to be bound by all these Conditions. These Conditions are in addition to and shall be read in conjunction with the Conditions for Registration and Use of HKeToll Account and the Conditions of Issue for Vehicle Tag determined by the Government pursuant to section 10 of the Road Traffic (Toll Tags) Regulation. In case of any conflict in respect of the Mobile App Quick Access Using Biometric Credential, these Conditions shall prevail.

2.3.

The Mobile App will not collect, store, or transmit to any third party any of your biometric data.

3.1.

You understand and confirm that when using any of the Mobile App Quick Access Using Biometric Credentials, any fingerprint, facial information, or any other biometric data stored on your mobile device can be used to access Mobile App and your HKeToll Account, Designated Stored-Value Account (where applicable) and/or to use various functions available in the Mobile App from time to time. You therefore should ensure that your mobile device only stores your own Biometric Credential, or other biometric data, and will not store anyone else’s Biometric Credentials. You shall ensure that the Biometric Credential, you use is accurate, valid and pertains to you personally.

3.2.

You shall take all reasonable measures to keep your mobile device and the password used to register your Biometric Credential, or other biometric data on your mobile device in your safe custody, and to prevent unauthorized use of your mobile device or disclosure of the password. You shall be fully responsible for and bear all risks and consequences of any accidental or unauthorized use and disclosure of your mobile device and password to any other person.

3.3.

You understand and confirm that the Biometric Credential authentication on Mobile App is performed by the biometric credential authentication module of your mobile device which is not provided by the Tag Authority, the Toll Service Provider or the Government (collectively refer as “the Authorities”), and that the Authorities make no representation or warranty, express or implied, and take no responsibility as to the security of the fingerprint, face or other biometric credential authentication function of your mobile device. If you have any query about the security of the biometric credential authentication module of your mobile device, please consult the supplier of your mobile device. The Mobile App will not collect, store, or transmit to any third party any of your biometric data.

4.1.

Mobile App Quick Access Using Biometric Credentials is available only if you meet the following conditions; if you have activated Mobile App Quick Access Using Biometric Credentials but later fail to meet the following conditions, you shall not be able to use Mobile App Quick Access Using Biometric Credentials.

4.2.

If the biometric data record in your mobile device has been changed, the Mobile App Quick Access Using Biometric Credential function will be suspended, and you will need to re-register or re-activate the function.

The Authorities may suspend or terminate any of the Mobile App Quick Access Using Biometric Credentials and may suspend or terminate your use of any of the Mobile App Quick Access Using Biometric Credentials if the Authorities are aware or suspect that the security of your mobile device, Biometric Credentials or other password has been compromised.

6.1.

You have the right to deactivate the Mobile App Quick Access Using Biometric Credentials or withdraw your consent at any time. Upon deactivation or withdrawal of your consent, the relevant verification results will no longer be used, and/or transferred, unless otherwise stipulated by laws and regulations. However, your decision to withdraw consent will not affect the lawfulness or legality of any previous dealings based on consent given by you before the withdrawal.

6.2.

You can login to the Mobile App at any time to disable the Mobile App quick access using Biometric Credential function and the Biometric Quick Access Code. Please note that disabling this function will not automatically delete the biometric data stored on your mobile device. Unless you delete the biometric data through the relevant biometric function on your mobile device, your biometric data will remain stored on your mobile device. The biometric data stored on your mobile device may be used by other programs on your mobile device. If you have any query, please consult the supplier of your mobile device.

You understand that these Conditions may be amended and revised by the Authorities from time to time. Any amendment to these Conditions shall become effective when it has been posted on the Website and/or the Mobile App. If you do not agree with the amendment, you may choose not to use the Mobile App Quick Access Using Biometric Credentials. If you continue to use any of the Mobile App Quick Access Using Biometric Credentials, the amended or revised Conditions shall be binding on you on and after the effective date of such amendment or revision.

8.1.

You shall indemnify and keep indemnified each of the Authorities, its assigns, successors-in-title, and authorised users, employees and agents (each an “Indemnified Party”) from and against:

which arise directly or indirectly as a result of or in connection with, or which relate in any way to the use or attempted use of the Mobile App Quick Access Using Biometric Credentials to the extent that the same are or have been caused by any negligent or reckless conduct, wilful misconduct, omission, defamation, breach of statutory duty or breach of any of these Conditions by you. This provision shall remain valid during suspension or after termination of your use of Mobile App Quick Access Using Biometric Credentials.

9.1.

You confirm and agree that the Authorities shall not be liable for any loss, damages, costs, charges or expenses incurred or suffered by you directly or indirectly arising from or in connection with the use of Mobile App Quick Access Using Biometric Credentials.

9.2.

You confirm and agree that the Authorities will not have or accept any liability, obligation or responsibility whatsoever for any loss, destruction or damage (including any direct, special, indirect or consequential damages of whatsoever nature) however arising from or in respect of any use or misuse of or reliance on or unavailability of Mobile App Quick Access Using Biometric Credentials, or online services accessed through Mobile App Quick Access Using Biometric Credentials.

These Conductions shall be governed by and construed in accordance with the laws of Hong Kong and you agree to submit to the exclusive jurisdiction of Hong Kong Courts.

11.1

These Conditions are available in both English and Chinese versions. In case of any discrepancy between the two versions, the English version shall prevail.

11.2

Each of these conditions is severable from the others. In the event that any of these Conditions become invalid or unenforceable, the validity and enforceability of the remaining Conditions shall not be affected.