Welcome to this mobile application (” App“).

Standard Chartered Bank (Hong Kong) Limited (” we” or ” us“, where appropriate as the context may require) provides the App to you subject to the following Terms of Use (” Terms”). Please read these Terms carefully before accessing this App.  By pressing the “Agree” button below, you confirm your acceptance to these Terms.

Products and services are available only at the discretion of the Bank.  If this App is providing a portal or gateway to any of our banking product and/or service, terms and conditions, fees and charges, important notes or disclosure statements (if any) applicable to such banking product and/or service shall apply in addition to these Terms. You acknowledge that the contents of these Terms shall not limit any specific provisions set out in the individual terms and conditions for particular products and services offered on or through this App.  In that case, you must read these Terms in conjunction with any of the foregoing and/or other applicable documents that forms our banking agreement with you. This App, or portal or gateway, however does not offer or constitute an offer of any banking product and/or service provided by us.
JURISDICTION AND RESTRICTIONS

We control and maintain this App from the Hong Kong Special Administrative Region of the People’s Republic of China (” Hong Kong“). The material and information contained in this App is directed at and restricted to individuals resident in or entities having a place of business in Hong Kong and is not intended for distribution to or use by any individuals or entities in any jurisdiction where such distribution or use would be contrary to local law or regulations. We make no representation that the material and information contained in this App is appropriate or permitted or available for use in other locations/jurisdictions. It is your responsibility to find out what those restrictions are and observe them.

The courts of Hong Kong will have non-exclusive jurisdiction over any claim arising from, or related to, the App although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Hong Kong.
USE OF INFORMATION AND MATERIALS
Products and services referred to in this App are offered only in jurisdictions where and when they may be lawfully offered by us. This App does not constitute and should not be regarded as an offer or solicitation on the part of us to provide products or services described therein 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. If in doubt, you should check with your local regulator or authority before using any such products or services.  The information contained in the App is not intended to provide professional advice. Persons accessing this App should obtain appropriate professional advice when necessary.

TRANSMITTING OVER THE INTERNET

Due to the nature of the Internet transactions may be subject to interruption, transmission blackout, delayed transmission and incorrect data transmission. The Bank is not liable for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of messages and transactions you send.

Downloading

The Bank does not represent or warrant that this App will be available and meet your requirements, that access will not be interrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your mobile device. You have sole responsibility for adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for viruses or other destructive properties. The Bank makes no representations or warranties regarding the accuracy, functionality or performance of any third party software that may be used in connection with this App.

USE AND DISCLOSURE OF PERSONAL INFORMATION

Unless restricted by applicable law, you agree that any and all personal information/data relating to you collected by us from this App from time to time may be used and disclosed for such purposes and to such persons as may be in accordance with our Data Protection and Privacy Policy referred to at the end of these Terms.

INTELLECTUAL PROPERTY RIGHTS

Standard Chartered PLC and other parties own the trade marks, logos and service marks displayed on this App. Use of such trademarks, logos and service marks are prohibited without the prior written permission from Standard Chartered PLC or such other parties.

All contents of this App including, but not limited to the text, graphics, links and sounds are protected by copyright or other intellectual property rights and no part of such materials may be modified, reproduced, stored in a retrieval system, transmitted, copied, distributed, reused, decompiled or used in any other way for commercial or public purposes without the prior written consent from Standard Chartered PLC, us or such other parties who own such materials.

ACCEPTABLE USE

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (” Content“), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not we, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the App. We do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the App, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we or our licensors, suppliers, vendors, parent, holding, subsidiary or related companies, affiliates, officers, agents or employees, as the case may be, be liable in any way for any Content, including, but not limited to, any exposure to offensive, indecent or objectionable Content, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the App.

You agree not to use the App to:

1. compose or produce, or upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, subversive, hateful, or racially, ethnically or otherwise objectionable or contrary to public interest, public order or national harmony in all relevant jurisdictions;
2. compose or produce, or upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
3. compose or produce, or upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
4. compose or produce, or upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
5. collect or store personal data about other persons in connection with the prohibited conduct and activities set forth in paragraphs (1) through (4) herein above.

DATA AND MATERIAL SUBMITTED

Whenever you make use of a feature of the App that allows you to upload any Content or to make contact with other users, you must comply with the content standards set out in our terms of acceptable use specified above. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

You also agree that:

1. Any Content you upload to or via the App will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you via the App constitutes a violation of their intellectual property rights, or of their right to privacy.
2. To the extent that you do have any intellectual property rights in any Content that you upload via the App, you grant us and our affiliates and agents a non-exclusive, royalty free, worldwide license to use, copy, amend, edit and distribute to third parties any such Content for any purpose.
3. By uploading such Content you understand that it may be available to the public and you agree to waive any and all expectations or rights of privacy.
4. We will not be responsible, or liable to any third party, for the content or accuracy of any Content posted by you or any other user of the App.
5. We have the right to remove any Content you upload to or via the App if, in our opinion, such Content does not comply with the content standards set out in our terms of acceptable use specified above.
6. We can delete in whole or in part any Content you upload to or via the App without notice to you at any time.

DISCLAIMER

Whilst every care has been taken in preparing the material and information contained in this App, such material and information are provided “as is” without representation or warranty of any kind, express, implied or statutory. In particular, no representation or warranty regarding non-infringement, security, accuracy, reliability, timeliness, completeness, fitness for a purpose or freedom from computer viruses is given in connection with such material and information.

For material or information supplied by any external third parties, it is re-transmitted by us in the ordinary course of business to you for general information and reference only. We, our officers, employees, and agents do not devise, select, add to, modify or otherwise exercise control over its contents, and do not accept any responsibility for it nor do we or they be regarded as having endorsed such material or information.

Where information and data is provided by or through any third parties, we do not guarantee its accuracy and reliability and accept no liability (whether in tort or contract or otherwise) for any loss or damage arising from any inaccuracies or omissions.

We accept no liability and will not be liable for any loss or damage arising directly or indirectly (including special, incidental or consequential loss or damage) from your use of this App, howsoever arising, including any loss, damage or expense arising from, but not limited to, any defect, error, imperfection, fault, mistake, unavailability or inaccuracy of this App or any part thereof, or any of its contents or associated services.

Please note that downloading, installing and using this App is at your own risk and we neither assume nor accept liability for any loss or damage (whether direct or indirect), howsoever caused, as a result of any computer viruses, Trojan horses, worms, software bombs or similar items or processes arising from your use of this App.

HYPERLINKS

The App may contain links or hyperlinks to other sites or pages on the internet or any other mobile applications which are not maintained or controlled by us and for which we are not responsible. You understand and agree that links or hyperlinks to those internet sites, downloadable contents or applications, are accessed at your own risk, and we are not responsible for any difficulties or consequences associated with or resulted from such access or downloading. Please be mindful that when you click on a link or leave our App, you will be subject to terms of use, privacy policies or other provisions of the other sites or applications that you are going to visit.

We do not investigate, verify, monitor or endorse the Content, of such sites or the accuracy, opinions expressed, and other links provided by those sites. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such information, Contents, goods or services available on or through any such sites or pages.

LOCATION AND OTHER FUNCTIONS

To enjoy certain functions of the App, you will have to switch on the relevant function, such as location service, camera function according to the setting of your smart phones. If you choose not to do so then certain functions of the App will not be available to you.

THIRD PARTY PRODUCTS AND SERVICES

You understand that the App may from time to time provide information to users about third parties who may be prepared to make available to users merchandise, food, beverages, data, products or services or offers or discounts that are not offered or provided by us (” Merchandise“). We are not party to any contractual arrangements entered into between you and the provider of such Merchandise unless otherwise expressly specified or agreed by us. We make no and/or disclaim all representations and warranties, express or implied, with respect to availability, merchantability, fitness for a particular purpose, which may arise from or relate to the performance or provision of the Merchandise. We will not be responsible and shall in no event be liable for any damages whatsoever, including without limitation, costs of procurement of substitute goods or services, lost profits, or any direct, indirect, special, punitive, incidental, exemplary or consequential damages relating to the unavailability, use, inability to use, performance or non-performance of the Merchandise that is offered, introduced, mentioned or provided in or via the App.

USER INDEMNITY

You agree to indemnify and to keep us and our subsidiaries, affiliates, officers, agents, employees and partners, indemnified against any action, liability, cost, claim, loss, damage, proceeding or expense (including legal fees, costs and expenses on a full indemnity basis) suffered or incurred by the Bank arising from or which is directly or indirectly related to:

(a) any Content you submit, post to or transmit via the App;

(b) your access to and/or use of the App and/or any other person or entity’s access to and/or use of the App where such person or entity was able to access and/or use the App using your mobile phone number and One Time Password; or

(c) any breach or non-observance of any of these Terms by you or by any other person or entity where such person or entity was able to access and/or use the App by using your mobile phone number and One Time Password.
“One Time Password” means a uniquely randomly generated one time password that is required to access certain this App or any part of this App which we will provide to you using your mobile phone number that has been registered with us.
OUT OF DATE

Any of the Content provided in the App may be out of date at any given time, and we are under no obligation to update such Content.

SEVERABILITY

If any one or more of these Terms, or their application in any circumstance, is held invalid, illegal or unenforceable in any respect for any reason, the validity, legality and enforceability of that term or condition in any other respect and the remaining Terms shall not in any way be impaired.
TERMINATION

The Bank may terminate this agreement and/or your access to the App at any time, with or without cause or notice.

MODIFICATION

We reserve the right in our discretion to change without prior warning or notice any information or material contained on this App and these Terms. By continuing to use this App following the changes to these Terms will signify your consent and acceptance to the changes made. We will not be liable if for any reason the App is unavailable at any time or for any period, and we may suspend or stop the App for any reason whatsoever.

ENGLISH PREVAILS

If there is any inconsistency or conflict between the English and the Chinese versions of these Terms, the English version shall prevail.

Data Protection and Privacy Policy

Our online Data Protection and Privacy Policy accessible here (” Policy“) shall apply to the data supplied by you on or via this App. Accordingly, please read it carefully before you input or upload any data. To protect the privacy and confidentiality of you and others, please think before you input or upload any private or confidential information of any person, including but not limited to personal image or data, account or credit card number, user ID or password, onto or via this App.

For the purpose of this App, unless the context otherwise requires, references in the Policy to ” this Web Site” shall be read as references to ” this App“. The provisions relating to ” cookies” in the Policy is not applicable to this App, but in order to improve our service to you, we may also use technologies to track your usage of the App so that we can gather statistics for evaluating the App and the features in it. Those technologies however do not collect or store your name, address or any personal information.

Copyright Standard Chartered Bank (Hong Kong) Limited