1.1 These Terms and Conditions relate to the Mobile Banking and Online Banking services (which includes the Mobile App used to access such services) (together the “Jersey Online Services”) of Standard Chartered Bank, Jersey Branch (the “Bank”), which are supplemental to the Bank’s General Terms and Conditions and should therefore, be read in conjunction with these Terms and Conditions. If there is any inconsistency between the General Terms and Conditions and these Terms and Conditions, then these Terms and Conditions will prevail. These Terms and Conditions replace all earlier terms and conditions relating to the Bank’s Mobile Banking and Online Banking services.
1.2 These Terms and Conditions form a binding agreement between the Client and the Bank and govern the Client’s access to and use of the Jersey Online Services platform(s) and Jersey Online Services). By proceeding to enrol and use the Jersey Online Services, the Client will be deemed to have read and accepted to be bound by these Terms and Conditions.
2.1 To the extent permitted by law and regulation, the Bank may amend and change these Terms and Conditions at any time by giving 30 calendar days’ prior notice to the Client. The Bank will publish the amended Terms and Conditions on its website www.sc.com/je/. After the Client receives notice of any amendment of these Terms and Conditions, it is the Client’s responsibility to review these Terms and Conditions regularly so as to ensure that the Client understands and agrees with any amendments made thereto.
2.2 If the Client does not agree with any amendments to these Terms and Conditions at any time, the Client should then discontinue all use of the Jersey Online Services. Following any amendments to the Terms and Conditions, the Client’s continued use of the Jersey Online Services will be deemed to be the Client’s acceptance of such amendments made thereto pursuant to which the Client shall be bound to such Terms and Conditions as amended.
3.1 These Terms and Conditions and all defined terms herein shall have the same meaning as described in the Bank’s General Terms and Conditions unless otherwise expressed herein. Additionally:
3.2 “Electronic Banking Services” means services provided by the Bank which enables the Client or an authorised person to obtain information from the Bank or give instructions to the Bank through electronic equipment.
3.3 “Mobile Banking” means the facility provided by the Bank which allows the Client access to their account(s), conduct transactions and subscribe to such other products and services as may be provided on the Client’s mobile or communications device via the Mobile App.
3.4 “Mobile App” means our mobile application installed on the Client’s mobile or communication device and through which the Client provides instructions to the Bank and access the Jersey Online Services.
3.5 “Online Banking” means the Electronic Banking Services provided via the internet.
3.6 “Password” means the confidential personal password set by the Client after the first login using the OTP (One Time Password) sent from the Bank, to the Client for the purpose of accessing the Jersey Online Services for the first time.
3.7 “Permitted Mobile Device” means any mobile electronic equipment that we may enable for use with the touch login service from time to time and includes the operating system or software that the device operates on. Please contact us for the current list of such electronic equipment.
3.8 “Security Code” means all confidential codes such as user names and passwords, and information or a physical device (for example, an ATM card, a debit card, credit card, prepaid card, security token or electronic key) that the Client or an authorised person must use to confirm the Client’s or the authorised person’s identity when the Client or authorised person access an account using our services including our Jersey Online Services.
3.9 “User Name” means the unique identification user name which the Bank issues to the Client for accessing the Jersey Online Services. This is changed upon first login by the Client.
4.1 The Jersey Online Services includes any of the current services that the Bank is willing to provide online as notified to the Client in conjunction with the Client’s accounts.
4.2 Whilst the Bank will use all reasonable endeavours to make the Jersey Online Services available to the Client, it does not warrant nor guarantee that they will always be available. The Client will be considered by the Bank to be an authorised user of the Jersey Online Services being authorised to carry out transactions in relation to the Client’s accounts with the Bank from time to time if the Client accesses the Jersey Online Services, having successfully identified themselves by signing into the system using their secure personal login information or biometric login details.
4.3 If the Client accesses the Jersey Online Services and uses such services in a country other than Jersey, the Client must comply with the laws of the other country including obtaining any licence the Client may need to use and access the Jersey Online Services in that relevant jurisdiction.
5.1 Repeated erroneous attempts to login to the Jersey Online Services may result in the Client being locked out of the Jersey Online Services for their safety. At this time the Client must contact the Bank accordingly.
5.2 While using the Jersey Online Services, the Client agrees to, at all times, undertake and comply with the following:
6.1 This clause 6.1 applies to and regulates the Client’s use of the Jersey Online Services’ biometric login service provided by the Bank in connection with the Jersey Online Services. By undergoing the registration process to use the Bank’s biometric login service, or using the Bank’s biometric login service, the Client accepts and agrees to this clause 6.1. If the Client does not accept this clause 6.1, the Client must stop accessing or using the Bank’s biometric login service.
6.2 The Bank’s biometric login service is a service where the Client may use their fingerprint or face identification registered on a Permitted Mobile Device in lieu of their Jersey Online Services User Name and Password as a Security Code to confirm their identity to access the Bank’s Mobile Banking services.
6.3 The Bank’s biometric login service is provided as part of the Jersey Online Services, and accordingly:
6.4 The Client acknowledges and agrees that in order to use the Bank’s biometric login service:
6.5 The Client may still choose to access the Mobile App using their Jersey Online Services User Name and Password.
6.6 Each time the Mobile App detects the use of a face / fingerprint identification registered on a permitted mobile device on which the Client has registered for the Bank’s biometric login service to access our Mobile Banking services or authorise transactions, the Client is deemed to have accessed the Mobile Banking services and/or instructed us to perform such transactions as the case may be.
6.7 The Client acknowledges that the authentication is performed by the Mobile App by interfacing with the face / fingerprint identification authentication module on the Permitted Mobile Device and that the Client agrees to the authentication process.
6.8 The Client can deactivate the Bank’s biometric login service at any time using the Mobile App once the Client is signed in.
6.9 If the Client informs the Bank that the security of their face / fingerprint identification or other Security Code has been compromised, the Bank may require the Client to change the Security Code, re-register their face / fingerprint identification or cease the use of the Bank’s biometric login service.
6.10 The Client acknowledges and agrees that, for the purposes of the Bank’s biometric login service, the Mobile App will be accessing the face / fingerprint identification registered in the Client’s Permitted Mobile Device, and the Client hereby consents to the Bank accessing and using such information for the provision of the Bank’s biometric login service.
6.11 The Client understands the need to protect their Permitted Mobile Device and shall be responsible for all use of the Client’s Permitted Mobile Device (whether authorised by the Client or otherwise) to access the Bank’s biometric login service.
6.12 In addition to and without subtracting the disclaimers and exclusions of liability in these Terms and Conditions:
7.1 The Client acknowledges and agrees that:
8.1 The Client authorises the Bank to act on instructions from the Client (including any instructions the Bank believes are given by the Client) using the Jersey Online Services. The Client acknowledges that for the Jersey Online Services, we may require use of a Security Code and such use shall be evidence that the instruction is authorised by the Client.
8.2 The Client agrees that the use of Security Codes is adequate identification of the Client. We are entitled to act on instructions (provided using the Security Codes) without obtaining any further written or other confirmation from the Client. The Client agrees that we will not be liable for taking such action unless the Client had notified us before any unauthorised instructions were given to us that the Client’s Security Codes are or might be known to someone else who is not an authorised person.
8.3 The Bank is authorised, but not obliged, to accept and act upon instructions in connection with the Client’s account received via its use of the Jersey Online Services.
8.4 Provided that any such instructions from the Client are supported by the authentication methodology used by the Jersey Online Services (including the biometric login details as set out at clause 6 above), and provided the instructions do not exceed any specified parameters, the Bank shall be entitled to carry out the actions pursuant to such instructions without being required to take any further steps to confirm the identity and/or good faith of the person giving such instructions and the Bank.
8.5 The Bank will not be obliged to accept or act upon any instruction if to do so would require action by, or information from the Bank, when it is not a day upon which its offices are open for the transaction of ordinary bank business or which would cause a breach of any other existing agreement between the Client and the Bank. Messages received for onward transmission to other offices of the Standard Chartered Group will be forwarded within normal business hours but the Bank and other Standard Chartered Group offices will have no liability for any losses incurred as a result of any delay in the transmission of the message.
8.6 Once the Client has sent an instruction it is irrevocable. At the Client’s request or at its discretion, the Bank may where reasonably practicable try to cancel or reverse transactions but it will have no obligation to do so. The Bank shall, at the Client’s request, use its reasonable endeavours to recover any money paid but accepts no responsibility or liability for doing so nor accepts any liability for any loss or damage caused or suffered by the Client as a result of the Bank having acted upon such instructions.
8.7 The Client acknowledges and accepts the risks of giving instructions using the Jersey Online Services (including the risk of technical malfunction in the Client’s or our electronic equipment, the risk of any instructions being unauthorised or given by an unauthorised person, the risk that the Bank may process instructions twice if the Client sends the same instructions to the Bank in different forms and the risk that any information sent by Electronic Banking Services cannot be guaranteed to be secure or free from virus, delay or any other third party attacks). In particular, unless otherwise specified in the agreement between the Bank and the Client, the Bank will not be responsible for wrongful instructions received by us from the Client through the foregoing media, including those caused by malware in the Client’s computer or device.
8.8 Any loss incurred by the Client as a result of the Bank relying upon such instructions howsoever caused and whether direct or indirect shall not be the Bank’s responsibility.
8.9 In all circumstances the Client will indemnify the Bank and keep it indemnified against all liabilities, losses, costs, damages, expenses, demands, proceedings, claims and actions the Bank may suffer or incur (including all legal and other costs, charges and expenses which it may incur) of whatever nature howsoever arising as a result of acting on the Client’s instructions, or instructions on purporting to have been issued by the Client. The Client agrees this indemnity shall apply to all transactions relating to the Jersey Online Services.
9.1 This website and the Jersey Online Services and all materials contain therein are protected by intellectual property rights, including copyright. The materials include but are not limited to, the design, layout, look, appearance, graphics and documentation on the website as well as other content such as articles, stories and other text (the “Materials”). The Bank shall make the Jersey Online Services available to the Client for non-commercial use only. The Client therefore, does not own any rights in any of the Materials which the Bank may supply to the Client on any media pertinent to the use or provision of the Jersey Online Services.
9.2 The copyright in page screens, information and Materials included in this website or found on the Jersey Online Services are owned by or licensed to the Bank unless otherwise noted. The Client may not copy, redistribute, republish or otherwise make the Materials on this website or the Jersey Online Services available to anyone else without the prior written consent of the Bank.
9.3 In particular no one may use a part of the website on any other website, or link any other website to this website, including any part of the Jersey Online Services without the Bank’s prior written consent.
9.4 The Client may imprint, copy, download or temporarily store extracts from the website or content from the Jersey Online Services for the Client’s personal non-commercial use when the Client uses our products and services, provided that:
9.5 The Client will not sell or otherwise transfer any of the Software or Materials to, or share its use with, any third party or copy it except as expressly permitted above without the Bank’s prior written consent.
9.6 The Client will not decompile, reverse engineer or modify the Software, or allow anyone else to do so.
9.7 The Client will keep the Software and Materials and all information relating to the Jersey Online Services, secure and confidential and will indemnify the Bank (and its suppliers) for any loss resulting from its failure to do so.
9.8 The Bank reserves the right to replace, modify or withdraw any Software or Materials at any time.
9.9 The Client acknowledges that the data protection policy set forth below will apply to the Client’s use of the Jersey Online Services.
9.10 The Client agrees to:
9.11 The Bank does not guarantee that any electronic secure mail or messaging will be sent to Clients or received by it, nor does the Bank warrant the privacy and/or security of electronic secure mail or messaging during transmission (other than by cause of its gross negligence or wilful default) and the Bank cannot guarantee or accept liability for the integrity of the means of electronic transmission, other than by reason of its gross negligence or wilful default.
10.1 The Bank, as the entity with whom the Client has their relationship for the purposes of the Jersey Online Services, is the data controller of the Client’s personal data.
10.2 The Bank will need to collect certain Client personal data from time to time in order to fulfil the contract with the Client.
10.3 This information will be used by the Bank for the following purposes:
10.4 For some purposes in connection with the Jersey Online Services, the Bank has a legal or regulatory obligation to process Client personal data. These purposes include:
10.5 The Bank also collects Client personal data with consent. Purposes include the Bank’s access to the face / fingerprint identification registered in the Client’s Permitted Mobile Device in connection with the biometric login service.
10.6 The Client may withdraw or revoke their consent at any time. However, if the Bank needs Client consent to carry out a Jersey Online Services data processing activity, the Bank will not be able to perform that activity or provide services and it will cease using the Client’s data for this purpose, but may continue to process the Client’s data for purposes where the Bank has other lawful grounds to do so, such as where it is legally required to keep records of transactions. Withdrawing or revoking consent will not affect any processing of Client information which has already taken place by that date.
10.7 The Bank may also process Client personal data where it is necessary for the Bank’s Legitimate Interests. These purposes include:
10.8 Most of the information about the Client that the Bank maintains on its records will be supplied by the Client. However, the Bank may on occasions obtain information about the Client from other sources and the Bank will, where possible, advise the Client of this. The Bank may make searches about the Client at credit reference agencies for purposes of identity verification, credit assessment, fraud and crime prevention or debt collection. Further checks may be made from time to time. Credit reference agencies record details of searches and default information, which other financial institutions may access for their own purposes. The Bank and credit reference agencies may link client information to records relating to other persons with whom the client has a financial relationship. (This link will remain until the Client or other person files for disassociation when the financial link is no longer appropriate.) The Client has the right to access details held by United Kingdom and Jersey credit reference agencies. The Bank will supply details of the relevant credit reference agencies upon request.
10.9 The Client’s information will be kept confidential. However, for the purposes detailed above, information about the Client may be disclosed to:
10.10 In some cases, the recipient of the Client’s information may be based in countries outside the European Economic Area that do not have data protection laws equivalent to those in Jersey (including, without limitation, India, Hong Kong and Singapore). The Bank will use best endeavours to ensure, however, that any information that they disclose about the Client will be kept confidential, secure and used only for the purposes mentioned, subject to the Bank’s General Terms and Conditions.
10.11 If relevant, the Client represents and warrants to the Bank that the Client has all the necessary and relevant permissions of all relevant data subjects (including Authorised Signatories) to carry out the processing of personal data that this Clause contemplates, including any transfer of personal data outside Jersey.
10.12 In common with other banks, the Bank has to process payments (including sterling payments) to and from the Client’s accounts through other entities including other banks and operators of financial payments systems. These entities may process or store the payment information in other countries whose laws and regulations require disclosure of the payment details, including names and addresses and other sender and beneficiary details, to governmental and regulatory authorities for the purpose of fighting crime and terrorism. The Client may in certain circumstances request the Bank to provide substitute information instead of address details to payment service providers.
10.13 The Client’s information will be retained by the Bank for so long as there is a business need to hold the information or as required by legal, accounting or regulatory requirements or to protect the Bank, Standard Chartered Group or any Standard Chartered Group member’s interests.
10.14 The Bank may record some of the Client’s or the Client’s agent’s telephone calls with certain departments in order to record transactions. In the interests of security, the Bank may use CCTV recording equipment in and around their premises. Any such recordings may be used by the Bank as evidence in the event of a dispute.
10.15 To improve the Bank’s Jersey Online Services to the Client, it will occasionally use a `cookie’. A cookie is a small amount of data the Bank’s web server sends to the Client’s web browser when the Client visits certain parts of the Bank’s website, the use of which is intended to help the Bank to understand the Client’s interest in its website. More information about the Bank’s cookie policy can be found at www.sc.com/je/privacy/cookie-statement/.
10.16 In accordance with data protection legislation, the Client has various rights in connection with their personal data. For example, the Client is entitled to request access to their information, to instruct the Bank to correct or delete information which is inaccurate, to be told by the Bank what they use it for and from where they obtain it. A small fee may be charged. More information about the Client’s data protection rights can be found at www.sc.com/en/privacy-policy/.
10.17 If the Client has any queries about the use of their personal data by the Bank or wish to access their personal data, contact: The Data Protection Officer, Standard Chartered Bank, Jersey Branch, PO Box 80, 15 Castle Street, St Helier, Jersey, JE4 8PT, Channel Islands.
11.1 The Bank reserves the right to suspend or withdraw the Jersey Online Services or any part of it at any time and/or to suspend or to terminate any Client’s use of it or the Jersey Online Services. The Bank will usually give the Client 30 calendar days’ notice prior to suspending or terminating the Client’s use and/or access of the Jersey Online Services.
11.2 The Bank may give the Client less or no notice if it considers it necessary, for example: due to security concerns or because of unauthorised overdrafts or other breaches of arrangements with the Bank. Such termination of the Jersey Online Services shall not in of itself, terminate or affect the relationship between the Client and the Bank. Therefore, termination of the Jersey Online Services will not affect any accrued rights or liabilities of the Client nor will it affect any instructions already given by the Client to the Bank. The Client may cancel the Jersey Online Services by notifying their Private Banker or Relationship Manager in writing.
11.3 In submitting an application for the Jersey Online Services, each Client holding a joint account confirms that the other joint account holder(s) consent to the Client to access the joint accounts via the Jersey Online Services. However, the Bank will end use of the Jersey Online Services immediately on all of the Client’s accounts if any joint account holders notify the Bank that:
12.1 So far as the law permits, no representation or warranty is made, or implied, as to the accuracy or completeness of any information on this website, the Jersey Online Services or on which this website, or any information on it, is based. The Bank has taken all reasonable steps to ensure the information on the website is accurate and up to date but we give no warranties expressed or implied with regard to currency or accuracy of such information. The information on the website does not take into account Client’s individual circumstances.
12.2 Each Client should therefore seek professional advice about the appropriateness of entering into any of the investments referred to on the website. Such advice should include advice on their tax positions. Past performance is not a guide to future performance and no representation or warranty is made as to future performance of any of the investments mentioned on this website. Nothing on the website shall be relied on as a promise or a forecast.
12.3 Where the Bank provides hypertext links to other locations on the Internet, it does so for information purposes only. The Bank is not responsible for the content of any other websites or pages linked to or linking to this website. The Bank has not verified the content of any such websites. Following links to any other websites or pages shall be at the Client’s own risk and the Bank shall not be responsible or liable for any damages or in any other way in connection with linking.
12.4 Links to downloadable software sites are for convenience only and the Bank is not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the licence agreement, if any, which accompanies or is provided with the software. No endorsement or approval of any third parties or their advice, opinions, information, products or services is expressed or implied by any information on the Bank’s website.
The Jersey Online Services and all matters relating to the access and use of thereof are governed by and shall be construed in accordance with the laws of the Island of Jersey and any disputes shall be subject to the non-exclusive jurisdiction of the Jersey Courts, to which the parties submit for the benefit of each other.
14.1 The Jersey Branch of Standard Chartered Bank is regulated by the Jersey Financial Services Commission. Copies of the latest audited accounts of Standard Chartered Bank are available from its principal place of business in Jersey: PO Box 80, 15 Castle Street, St Helier, Jersey JE4 8PT.
14.2 Jersey is not part of the United Kingdom and all business transacted with Standard Chartered Bank, Jersey Branch and other Standard Chartered Group offices outside of the United Kingdom, are not subject to some or any of the investor protection and compensation schemes available under United Kingdom law.
14.3 Standard Chartered Bank is incorporated in England with limited liability by Royal Charter in 1853 Reference Number ZC 18. The Principal Office of Standard Chartered Bank is situated in England at 1 Basinghall Avenue, London, EC2V 5DD. Standard Chartered Bank is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and Prudential Regulation Authority. The Jersey Branch of Standard Chartered Bank is also an authorised financial services provider under license number 44946 issued by the Financial Services Board of the Republic of South Africa.
14.4 The Jersey Branch of Standard Chartered Bank is a participant in the Jersey Banking Depositors Compensation Scheme. The Scheme offers protection for eligible deposits up to £50,000. The maximum total amount of compensation is capped at £100,000,000 in any 5 year period. Full details of the Scheme and banking groups covered are available on the States of Jersey website (www.gov.je/dcs) or on request.