You agree to these legal terms by using the Mox app on your device.
1. The Mox app
(a) The Mox app is for your personal use and provides you with access to our products and services. Those products and services are available at our discretion and subject to separate legal terms we will provide to you.
(b) We are a Hong Kong bank, and only provide products and services via the Mox app to persons who reside in Hong Kong. We do not intend to distribute them to any persons, or for the Mox app to be used, in any country where it would breach Hong Kong law or any local law or regulations.
(c) The Mox app is available to download for free from the App Store on one device owned by you which runs Apple’s iOS or Google’s Android operating system.
(d) You’ll need an active internet connection to download and use the Mox app.
(e) You’re responsible for any fees charged by your internet or mobile service provider relating to your use of the Mox app. If you’re going overseas, you should check if your service provider will charge you any additional fees for using the Mox app overseas.
(f) We may use your mobile phone number and/or email address you registered with us to send you SMS codes and any information relevant to your use of or access to the Mox app.
2. Registering a device
(a) Your device will be registered with us as soon as you download the Mox app, even if you haven’t accepted our terms and conditions and we haven’t yet approved the products or services you’re applying for.
(b) You can log in to the Mox app on your device by providing your passcode or using any biometric authentication method provided by your device provider (if activated on the Mox app), which we will use to verify your identity (along with any other relevant information or documents you provide us).
(c) You can change your login settings or passcode at any time while signed in to the Mox app.
(d) If you change your device, you’ll have to re-register your new device and your old device will be automatically de-registered.
3. Protecting your device and the Mox app
To keep your device and the Mox app secure, you must:
(a) use a passcode, biometric authentication method or other method provided by your device provider to access your device;
(b) ensure only your biometrics are registered on the device;
(c) not choose a Mox app passcode that contains numbers associated with you (such as your date of birth, telephone number or vehicle number plate) or the PINs for accessing other services (such as your wifi or email accounts);
(d) not use face ID to access the Mox app if it may not be a secure or reliable way to authenticate your identity (eg. if you have an identical twin sibling);
(e) not share your Mox app passcode with any person, or write it down on your device or on anything usually kept with or near it. Any other person who uses your Mox app passcode to access the Mox app on your device will be able to act on your behalf and you will be responsible for anything they do;
(f) change your device and Mox app passcodes regularly to prevent any unauthorised access to your device and the Mox app;
(g) keep the device safe, secure and in your own custody. In particular, do not leave your device unattended while you are logged in to the Mox app; and
(h) delete the Mox app and remove your Mox Card from the digital wallet before you sell, recycle, discard or permanently give your device away or when all your accounts with Mox are closed. You should also remove your Mox Card from the digital wallet when you give your device to someone else temporarily (for example, for repairs).
You must let us know if you find or believe that:
(a) any other person knows your Mox app passcode or has managed to unlawfully access your Mox app;
(b) your device has been compromised, lost or stolen; or
(c) unauthorised transactions have been conducted over your accounts.
You will be liable for all losses if you have acted fraudulently, with gross negligence or have failed to inform us as soon as reasonably practicable after you find or believe that your Mox app passcode or device for accessing the Mox app has been compromised, lost or stolen, or that unauthorised transactions have been conducted over your accounts, including if you have failed to follow the safeguards and or meet your obligations set out in this clause 3 and your failure has caused the loss.
For additional security, we recommend:
(a) protecting your device from malware by being wary of suspicious emails and hyperlinks and downloading only known or trusted software, setting strong passwords and keeping the operating system and software of your device up-to-date; and
(b) enabling or installing remote wipe functionality (ie. the ability to send a command to your device that will completely remove all the data stored on the device) on your device in case it is lost or stolen.
4. Mox app updates
(a) We may update the Mox app from time to time, including by making enhancements, adding new features or carrying out security updates.
(b) Sometimes we may require you to update the Mox app before you continue using it.
(c) You should:
(i) keep the operating system of your device up to date. We will notify you in advance before we stop supporting a version of an operating system and remind you to update your device’s operating system; and
(ii) keep the Mox app up to date. Otherwise, certain features of the Mox app might not work as intended. If you can, we recommend turning on automatic app updates in your device settings.
5. Mox app availability
(a) The Mox app may be temporarily unavailable when we’re conducting essential maintenance or system upgrades. We’ll let you know when we plan to do so and for how long the Mox app will be unavailable (if at all).
(b) The availability of the Mox app is dependent on the reliability and availability of third party service providers including software, network and other service providers that enable your access to the Mox app.
6. Using the Mox app responsibly
(a) The Mox app belongs to us and you must only use it for the purposes set out in these terms.
(b) All content on the Mox app is the responsibility of the person from whom it originated. Such content may be protected by certain proprietary rights and laws.
(c) You must only install applications from the App Store or Google Play on your device on which you install the Mox app and not override the device’s operating system, eg. by “jailbreaking” or “rooting” the device.
(d) You must not install or launch the Mox app or digital wallet if your device contains any pirated, hacked, fake or unauthorised applications.
(e) You must not act fraudulently or maliciously in relation to the Mox app or its features, including by reselling, copying, modifying, adversely effecting, reverse engineering or tampering with the Mox app in any way, or assist anyone else to do any of these things, unless you have been authorised to do so.
(f) You must not use the Mox app in any unlawful manner or in contravention of any agreement with us.
(g) Any information or document transmitted through the Mox app is subject to risks of delay, loss, diversion, alteration, corruption and other risks associated with hardware and software failure.
7. Switching on certain functions on your device
On the device you install the Mox app on, we may ask you to switch on certain functions, such as the camera function and location services, and to share your contacts list with us. This will allow you to enjoy certain functions on the Mox app. If you agree to turn on these functions, we may for example, track your geolocation and IP address when you make transactions. For security reasons, taking screenshots and video recording will not be available on the Mox app.
8. Hyperlinks and third party products and services
(a) The Mox app may contain hyperlinks to third party sites or products and services. These sites are not maintained or controlled by us.
(b) Mox does not endorse or introduce any third parties or the services or products they provide on their site.
(c) Mox is not a party to any contractual arrangements entered into between you and the provider of any third party site unless Mox expressly specifies or agrees otherwise.
9. If you suffer any loss
We will not be responsible for any loss you suffer from any use of or access, or as a consequence of:
(a) not being able to use or access the Mox app or any services within the Mox app, unless your loss is caused by our negligence, fraud or wilful default;
(b) issues with your device or network connection;
(c) access or use of the Mox app by any other person who uses your passcode to access the Mox app on your device;
(d) any information, goods or services on a third party site which the Mox app provides a hyperlink to;
(e) any third party’s fraudulent or negligent actions; or
(f) you not complying with your obligations under these terms.
If any law requires us to be responsible for any of your loss, we will be responsible only to the extent of re-supplying the services via the Mox app or the cost of re-supplying those services.
10. If we suffer any loss
You will indemnify, hold harmless and defend us against any liabilities and costs suffered by us as a result of:
(a) use of the Mox app; or
(b) breach of these terms,
by you or any other person (where such person was able to use the Mox app using your logon credentials).
11. Suspending or cancelling access
We may suspend or cancel your access to the Mox app at our sole discretion, for example:
(a) to protect our business;
(b) to protect you or us from fraud or other loss;
(c) if you have not used the Mox app in accordance with these terms; or
(d) where we have reasonable grounds to believe that your use of the Mox app breaches the laws or regulations of Hong Kong or any other country.
If we do suspend or cancel your access, we’ll usually give you advance notice with reasons for our decision. However, we’re not required to give you any such notice or reasons.