Client Application – T&C

These Connect with RM Application terms and conditions (“Terms”) form a binding agreement between you and us and govern your access to and use of the [Connect with RM Application] (“Application”).

By downloading and using the Application, you agree to be bound by the Terms, as supplemented by and read together with the prevailing terms applicable to your banking relationship with us, including the:

    1. Client Terms;
    2. Current/Cheque/Savings Account and Time Deposit Terms;
    3. Credit Card Terms; and
    4. Investment Product Terms, (collectively, the Relevant Terms).

In the event of any inconsistency, these Terms shall prevail over the Relevant Terms.

The meaning of key words printed in italicised font like this is explained in the Relevant Terms.  Some additional key words that apply are printed in bold font like this and are defined in these Terms.

  1. The Application is only available for use by Standard Chartered priority banking or priority private banking customers.
  2. The Application is an electronic banking software (as defined in the Relevant Terms) that we licence to you.
  3. We may allow you to provide a limited range of instructions to us via the Application, in connection with one or more products (as defined in the Relevant Terms) that we may offer to you. If we do so, we may require your use of a security code to identify you and authenticate your instruction.
  4. Without prejudice to the other forms of notices and communications that you have authorised us to use under our banking agreement, you are deemed, by using the Application, to have also authorised us to send notices, communications and documents to you in connection with our banking agreement via the Application.
  5. The availability and proper functioning of the Application depends on many variable circumstances, including location, mobile network and internet availability, signal strength and proper functioning of hardware and/or electronic equipment used to access the Application. We are not responsible for any loss or damage suffered by you as a result of your inability to access the Application.
  6. You must take all reasonably practical measures to ensure that any electronic equipment from which you access the Application is free of and adequately protected against any computer virus or other malicious software. We will not be responsible for any loss or damage suffered by you as a result of any computer viruses, Trojan horses, worms, software bombs, malware or similar processes arising from your use of the Application on the affected electronic equipment.
  7. You acknowledge and accept the risks of communicating with us by electronic means. These include but are not limited to:
    1. the risk of any communication being intercepted or given by an unauthorised person;
    2. the risk that we may not actually receive the communications, or that they are delayed or incomplete when received;
    3. the risk that any information sent by electronic means cannot be guaranteed to be secure or free from tampering, viruses or other forms of malware;
    4. the risk that any information sent by electronic means may be lost or corrupted during transmission or may be delayed;
    5. the risk that such information may be viewed, received, accessed or disclosed by or to third parties other than the intended recipient(s); and
    6. the risk that any information sent by electronic means may be inaccurate, incomplete, unintelligible and/or unintended.

To the extent permitted under applicable law, you agree to bear all such risks and agree to indemnify us for any loss incurred as a result of us (or you) acting on or failing to act on such communications unless the loss is directly caused by our gross negligence, wilful default or fraud. You further agree and acknowledge that we will not be liable for the security and confidentiality of information outside of our internal systems.

  1. Insofar as we allow you to transmit requests and/or instructions to us via the Application, you acknowledge and agree the following:
    1. to the extent permitted under applicable law, the requests and instructions transmitted to and accepted by us through the Application will be binding on you as if such requests or instructions were executed, agreed and accepted in hard copy and signed in wet ink. Instructions and requests submitted through the Application are irrevocably and unconditionally binding and are made at your sole risk and responsibility;
    2. The Application is a communication tool and while we will do our best to process your instructions within a reasonable period of time, processing times may vary. Having sent the communication, instruction or information does not mean that the same has been accepted or processed by us. You can check with your Relationship Manager on the status of your instruction through the Application;
    3. any communication, instruction or information (including any document) transmitted via the Application will not be processed in real time or contemporaneously, and subject to receipt by us, we will use reasonable efforts to process these and/or pass these to the relevant unit;
    4. there may be a delay in the processing and/or passing on of instructions (including time sensitive instructions), and we will not be held responsible or liable for any loss or damage you may incur in connection with the same including where your instructions may be executed at prices different from those applying at the time they were given;
    5. we are entitled to act upon or pass on your instructions given via the Application (including any instructions we reasonably believe to have been given by you) and you cannot assume that we will warn you if your instructions are ill-timed or inadvisable for any reason or if the instructions are likely to cause you loss;
    6. for time sensitive instructions, you understand that you should continue to use your usual communication channels (other than the Application) for the purposes of submitting these instructions. By using the Application, you acknowledge that there is no assurance that your instructions (including time sensitive instructions) will be received, accepted and/or processed by us at all, or at any price or time;
    7. If you are uncertain as to whether your instructions or any other notice has been received by us, you will make all reasonable attempts to verify whether the instruction or notice has been received, approved or effected by us before taking any further action. You also represent and warrant that you will issue specific cancellation or amendment instructions with respect to an existing instruction and not attempt to effect such changes by placing a second or duplicate instruction, or by recalling or deleting your communication or instruction. If we are instructed to stop a transaction, we will attempt to do so. However, we are not liable for any loss you incur if we cannot do so;
    8. instructions  will only be accepted and processed by us if all requisite information and documentation, as notified by us from time to time, has been provided by you. We reserve the right to process any instructions only after we have verified them. You are responsible for ensuring the accuracy and completeness of instructions given by you; and
    9. you will not delete, recall or alter in any way your instructions transmitted to us through the Application.

You agree to bear all the risks of transmitting instructions to us via the Application as set out in this clause and you agree to indemnify us for any loss or cost we incur from acting upon the instructions or communications you send via the Application. You will not be required to indemnify us for such loss if the loss is directly caused by our gross negligence, wilful default or fraud.

  1. You acknowledge and consent to the recording of all communications via the Application (including any documents shared, annotated and exchanged).  We may also keep records of such communications, a copy of which will be available to you on request for a period of [five years, and, where required by applicable law, for a period of up to seven years]. We may use the recorded communications (or transcripts of any video or voice conversations made over the Application) in any dispute and you agree not to challenge their validity or admissibility.  You agree that the recorded communications remain our property.
  2. The Application does not guarantee that you will have access to your relationship manager and/or service relationship manager at all times.

[To note for Retail Products Instructions]

Funds Transfer Services Specific T&Cs

  1. Should include Max/min funds transfer limits where applicable.
  2. FX rates if FCY involved – disclaimer that FX rates are indicative only and that prevailing FX rates at time of transaction processing will apply, which may be different from indicative rate provided to the customer.
  3. Validity period of instruction

Time Deposit Specific T&Cs

Should include:

  1. Max/min amounts
  2. FX rates
  3. Validity period of instruction

RM Application – T&C

 

REMINDER

When using this application, please ensure that you abide by all prevailing Bank policies relating to your interaction with clients and your use of electronic equipment for Bank purposes.  All communications made via this application will be recorded.