1. These terms and conditions (“Terms”) govern your use of Stacy provided by Standard Chartered Bank (Hong Kong) Limited (the “Bank” or “We”, which includes our successors and assigns). Stacy, a virtual assistant, is provided as part of the Bank’s electronic banking services, and accordingly:
a) These Terms are in addition to and shall be read in conjunction with, as applicable, the Client Terms or the General Account Terms, the Important Legal Notice as set out at https://www.sc.com/hk/terms-and-conditions/disclaimer/ and any other documents forming part of our banking agreement (and any reference to the terms and conditions of the Client Terms or General Account Terms shall include reference to these Terms) (collectively, the “Relevant Terms”).
b) The meaning of key words printed like this is explained in the Client Terms and the General Account Terms (as applicable) unless otherwise defined in these Terms. The Client Terms and the General Account Terms may be accessed at https://www.sc.com/hk/help/customer-terms-and-conditions/.
In the event of any conflict or inconsistency, these Terms shall prevail over the Relevant Terms to the extent of such conflict or inconsistency.
BY CLICKING “Continue” AND USING Stacy, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. You also accept and agree to be bound by the Relevant Terms.
2. We may amend these Terms and the Relevant Terms (as applicable) from time to time at our sole discretion. By continuing to use Stacy following any new amendment, you will be deemed as accepting the amended Terms.
3. All rights, title, interests, logos, and service marks of Stacy are exclusively owned by the Bank. You acknowledge and agree that you have no right to use any of them for any purpose.
4. By uploading, submitting, posting or transmitting data material or information, you agree to grant the Bank a worldwide perpetual irrevocable non-exclusive royalty free and sub-licensable license to use, copy, reproduce, process, adapt, publish, create derivative work from translate, transmit, host and disseminate your content in any media, technology, or form. We reserve the right (but in no way an obligation) to remove, pre-screen, review, flag, filter, modify or refuse any of your content at our sole discretion.
5. You acknowledge and agree that the Bank has no responsibility or liability for any materials or information uploaded, posted or submitted by or sourced from a third party and has no obligation to actively monitor them. The Bank does not verify or make any warranties or representation in relation to any of those materials and information. You use or rely on these materials and information at your own risk.
6. This virtual assistant is an automated service. Response from Stacy is for general reference only and is not intended to be construed in any way as offering any products or services or providing any advice, professional or otherwise. Stacy is not a channel for financial transactions or order taking, complaint lodging or direct marketing preference updating, etc. Please refer to other bank channels for specific actions. For example, for complaint, you can call our banking hotline or write to the Bank (by online form or mail in form) and for direct marketing opt out, you can speak to our frontline staff, client centre, or write to the Bank.
7. You acknowledge and consent to the recording of all communications via Stacy (including any documents or files shared, annotated and exchanged). We will also keep records of such communications in line with applicable legal and regulatory obligations and our internal policies. We may use the recorded communications (or transcripts of any voice conversations made over Stacy) in any dispute and you agree not to challenge their validity, admissibility or enforceability on the basis that they are in electronic form. You agree that the recorded communications remain our property, and may be used for training, quality control and dispute handling purposes.
8. To the fullest extent permitted by applicable law, the Bank disclaims any conditions or warranties, whether express or implied, in relation to Stacy or any content of it. Without prejudice to the foregoing, the Bank makes no representations or warranties as to the accuracy, quality, completeness, timeliness, adequacy, security, reliability or validity of Stacy or any content of it, and that any error or defects in Stacy or any content of it will be timely corrected or at all.
9. To the fullest extent permitted by applicable law, the Bank will not be liable for any loss or damage to you as a result of making available to you Stacy or any content of it (including without limitation any indirect, consequential or special loss or damage) even if the Bank shall have been advised of the same, your use or attempted use of Stacy or any unauthorized access to your information through Stacy, unless such loss or damage is directly caused by our gross negligence or wilful default. If for any reason the Bank is liable to you for any loss or damage as a result of making available to you the Stacy or any content of it, the Bank’s liability to you in aggregate shall not exceed HKD.
10.You can stop using Stacy at any time and the Bank also has the right to suspend and terminate your access to and use of Stacy.
11. You agree and shall be solely responsible for any breach of your obligations under these Terms or for your actions or omissions, and the Bank has no responsibility to you or any other persons because of your breach, actions or omissions. You also agree to use Stacy or any content of it in accordance with these Terms and not to use them in any way that is unlawful or in breach of any applicable laws or promotes illegal activities, or that contravenes or infringes any rights of the Bank or any other persons. You shall indemnify us from all loss and damage which we may incur in connection with any of your improper use of Stacy.
12. For existing clients, you are requested to log into online banking before using specific banking services through Stacy. After logging into online banking, when you submit dedicated forms or instruct Stacy to perform account enquiries and transactions, Stacy may request personal information from you. Stacy may access, and you authorize the Bank and Stacy to access and provide your information in response to your requests or for the purpose of providing banking services to you. Stacy will not access or record your Online Banking User Name and Passwords. You acknowledge that the types and scope of banking services that Stacy can perform for you are limited.
14. You further accept and acknowledge that any communications with Stacy and received by you pertaining to your enquiries/instructions may not be encrypted and may contain personal information and information pertaining to your accounts, and we shall not be responsible or liable to you for any possible release, loss or interception of such personal information and/or information.
15. You are responsible for the security of your electronic equipment, mobile device, security code, and the confidentiality of your information. You acknowledge that anyone with whom you share your electronic equipment, devices, login credentials may be able to see all messages that you have exchanged with the Bank via Stacy and your information, including your conversation history.
16. In addition to the disclaimers above and your liability stated in our Client Terms or General Account Terms (as found in the link above), we do not represent or warrant that Stacy will be accessible at all times, or function with any electronic equipment, software, infrastructure or other electronic banking servicesthat we may offer from time to time.
17. These Terms (including its interpretation and any disputes relating to it) shall be governed by the laws of Hong Kong, and that you agree to submit to the non-exclusive jurisdiction of the courts of Hong Kong.
18. We use technology like cookies to monitor, analyse, promote and improve the chatting experience and service. Stacy may send push notifications to you. If you do not wish to receive push notifications from Stacy, you can use your phone privacy settings to adjust your preference.
19. When you use Stacy, we may collect and process information about your location after we have obtained your consent to share your current location. We may use this location information to tailor our services to your current location.
20. If any of these Terms is held to be illegal, invalid or unenforceable in whole or in part, it shall be severed and the remaining Terms will continue to be in full force and effect, and as if they have been varied without the invalid, illegal or unenforceable Terms.
21. No delay or omission by the Bank to exercise or avail itself of any right, power or privilege that it has or may have under these Terms shall operate as a waiver of any breach or default by you. Any waiver of the Bank to any breach or default by you of these Terms must be in writing and that it shall not be construed as a waiver of any succeeding breach of the same or any other provisions.
22. You may not assign or transfer any of your rights or obligations under these Terms to any other person. The Bank may transfer its rights and obligations to any person without your consent.
23. These Terms constitute the entire agreement between you and the Bank with respect to the use of the Stacy and the content of it. No person other than you and the Bank will have any right under the Contracts (Rights of Third Parties) Ordinance to enforce or enjoy the benefit of any of the provisions under these Terms.
24. Should there be any inconsistency or conflict between the English and Chinese version of these Terms, the English version shall prevail.