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Terms and Conditions of Dah Sing Bank WhatsApp Business Official Account

In consideration of the provision of Dah Sing Bank WhatsApp Business Official Account ("DSB WhatsApp") by Dah Sing Bank, Limited ("We" or the "Bank") and your use thereof, you agree to be bound by the following Terms and Conditions (including the Privacy Notice):

  1. These Terms and Conditions (including the Privacy Notice) are in addition to and shall be read in conjunction with, if applicable, the Master Terms and Conditions / Master Terms and Conditions for VIP Banking Services of the Bank and the Notice to Customers relating to Customers' Data (collectively, the "Existing Terms"). Unless otherwise specified, the provisions of these Terms and Conditions prevail if there is any inconsistency between them and the provisions of the Existing Terms to the extent of such conflict or inconsistency.
  2. You shall use DSB WhatsApp only for the purposes expressly permitted by these Terms and Conditions, and to be solely responsible for any breach of your obligations under these Terms and Conditions or your acts or omissions (for which we shall have no responsibility to you or to any other person).
  3. Only publicly available general information of the banking products and services of the Bank will be provided via DSB WhatsApp. The alternative channels providing general information of the Bank are the public website, branches and Customer Service Hotline of the Bank.
  4. Notwithstanding paragraph 1 of the Privacy Notice below, you agree not to share any confidential information or your personal data with us through DSB WhatsApp.
  5. You shall not send us any image, document, attachment, audio file or video through DSB WhatsApp.
  6. You shall not:
    6.1 copy, modify, reproduce, download, re-publish, sell, distribute, create derivative works from or resell DSB WhatsApp or the content thereof, whether in whole or in part;
    6.2 contravene or infringe the rights of any other person;
    6.3 disassemble, decompile or reverse engineer DSB WhatsApp;
    6.4 engage in any activity that interferes with or disrupts DSB WhatsApp, or the servers and networks through which DSB WhatsApp is provided;
    6.5 take any action or allow any other person to take any action which may enable you, or any other person, to gain unauthorised access to, monitor or tamper with or use any computer systems or networks of the Bank or through which DSB WhatsApp is provided;
    6.6 install, upload or transmit (or allow the installation, uploading or transmission of) any viruses or instructions, codes, techniques or devices capable of disrupting, disabling, damaging, shutting down, monitoring or gaining unauthorised access to DSB WhatsApp, or other telecommunications or computer systems or devices, or any data transmitted through or stored on them;
    6.7 use DSB WhatsApp or the content thereof in any way that is unlawful or breaches any applicable laws, or promotes illegal activities;
    6.8 use DSB WhatsApp or the content thereof in any way to send, communicate or upload any materials or contents, or engage in any behaviour or activities that are harassing, disruptive, offensive, abusive, threatening, indecent, defamatory, obscene or menacing, or to send unsolicited communications, promotions, advertisements or spam messages; and
    6.9 use DSB WhatsApp or the content thereof to impersonate another person or otherwise misrepresent an affiliation with another person or entity in a manner that does or is intended to mislead, confuse, or deceive others.
  7. You acknowledge and agree that all rights, title, interest and intellectual property rights subsisting in DSB WhatsApp and the content (including but not limited to all trademarks, trade names and logos used in relation to them, any text, graphics, links and sounds, and those content available through links to websites) are owned exclusively by the Bank or its third party licensors. You have no rights, title or interest in DSB WhatsApp or the content, and no right to use them, save for as permitted under these Terms and Conditions. You shall not use any such trade mark, trade name or logo or any other intellectual property rights of the Bank (or its licensors) for any purpose. Nothing in these Terms and Conditions shall be construed as granting you any rights to such trademarks, trade names, logos or intellectual property rights.
  8. All products and services mentioned by DSB WhatsApp are subject to the respective terms and conditions of the Bank and are subject to change without notice.
  9. We make no representations or warranties as to the accuracy, relevance, quality, completeness, timeliness, adequacy, security, reliability or validity of DSB WhatsApp or any content thereof, and that DSB WhatsApp or any content thereof will be uninterrupted, timely, secure, free of any error or defects, or free from any viruses, or that any error or defects in DSB WhatsApp or any content thereof will be timely corrected or at all. To the fullest extent permitted by applicable law, we expressly disclaim all representations and warranties of any nature or kind, whether express or implied, in relation to DSB WhatsApp and the content thereof, including any implied representations and warranties of quality or fitness for a particular purpose.
  10. To the fullest extent permitted by applicable law, we do not assume any liability or responsibility for any loss or damage of any kind which you may suffer as a result of making available to you DSB WhatsApp or any content thereof, including but not limited to any indirect, consequential or special loss or damage, your use or inability to use DSB WhatsApp or any unauthorised access to your information through DSB WhatsApp , or by any errors, omissions or reasons outside of our reasonable control, unless such loss or damage is directly caused by our negligence or wilful default.
  11. You agree that DSB WhatsApp is for your sole and exclusive use and must take all reasonable precautions to prevent any unauthorized or fraudulent access to your WhatsApp account or any electronic message sent to you through DSB WhatsApp.
  12. You are solely responsible for ensuring adequate protection and back up of data and / or equipment for your mobile device(s), including but not limited to taking reasonable and appropriate precautions.
  13. To use DSB WhatsApp, you shall maintain a valid account with WhatsApp, an instant messaging application offered by WhatsApp Inc ("WhatsApp"). Your usage of WhatsApp will be governed by separate direct agreements you have in place with them. It is your responsibility to check regularly for and accept any updates to terms and conditions, policies, service statements, business rules, announcement guidelines, etc of WhatsApp before using DSB WhatsApp. We are not obliged to notify you of the applicable terms and policies prescribed by WhatsApp from time to time. We do not assume any liability or responsibility for the performance, quality, availability, security or any other issue of WhatsApp or any act or omission of WhatsApp Inc. Without limiting the generality of the foregoing, we do not warrant or represent there will be no interruption, delay or mutilation in browsing DSB WhatsApp or that there will be no leakage of any personal information, failure of transaction or information error caused by WhatsApp.
  14. The content and information provided through DSB WhatsApp are for reference only and do not constitute any offer, solicitation or recommendation for any product or service, and are not and are not intended to provide any professional investment or other advice. You agree that your use of DSB WhatsApp and / or the content thereof is at your sole risk and that DSB WhatsApp and the content thereof are provided on an "as is" and "as available" basis.
  15. If you are a non-Hong Kong resident or you are located outside Hong Kong, the products and services made available to you through DSB WhatsApp may not be registered or authorised by central bank, governmental or regulatory authority in your place of residence or location. As such, you may not be protected by the securities laws, banking laws, insurance laws or other relevant laws and regulations in your place of residence or location for such products and services.
  16. We have the right to suspend or terminate all or any part of DSB WhatsApp at any time at our sole discretion without notice or without giving reason. You may terminate using DSB WhatsApp and the content at any time by stop using DSB WhatsApp.
  17. We may amend these Terms and Conditions from time to time in our sole discretion without liability to you. By continuing to use DSB WhatsApp, you accept the amended Terms and Conditions and agree to be bound by them. If you do not agree to any such amendments, you should stop using DSB WhatsApp.
  18. If any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable, such illegality, invalidity or unenforceability does not affect any other provision which remains in full force, validity and effect.
  19. These Terms and Conditions contain the entire agreement between you and the Bank in respect of their subject matter.
  20. Neither a failure nor delay by us in exercising any right, power or remedy under these Terms and Conditions shall operate as a waiver thereof. A waiver by us of any provision of these Terms and Conditions shall only be effective if given by us in writing.
  21. You may not transfer any of your rights or obligations under these Terms and Conditions without the prior written consent of the Bank. The Bank may transfer its rights or obligations to any other person without your consent.
  22. These Terms and Conditions shall be governed by and construed in accordance with the laws of Hong Kong. Each party hereto submits to the non-exclusive jurisdiction of the courts of Hong Kong.
  23. No person other than you and the Bank will have any right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623 of the Laws of Hong Kong) to enforce or enjoy the benefit of any of the provisions of these Terms and Conditions.
  24. The Chinese version of these Terms and Conditions is for reference only. In the event of discrepancies between the English and Chinese versions of these Terms and Conditions, the English version shall prevail.

Privacy Notice

  1. Without prejudice to Clause 4 above, if you provide your personal data when using DSB WhatsApp, we may collect, use, store and / or disclose your personal data provided to us in accordance with our Notice to Customers relating to Customers' Data. By using DSB WhatsApp, you (a) agree and acknowledge that you have read, understood and agree to the Notice to Customers relating to Customers' Data, and (b) consent and acknowledge that we are permitted (but are not obliged) to use your mobile phone number registered with WhatsApp to contact you at any time to follow up your product application enquiry(ies) and / or other enquiry(ies) made to us (if any) by using your personal data provided to us.
  2. We will retrieve your phone number via WhatsApp when you use DSB WhatsApp and it may be collected, used, stored and disclosed by the Bank for providing, managing and improving DSB WhatsApp.
  3. Your usage of WhatsApp will be subject to WhatsApp's own privacy policies. We are not responsible for any act or omission of WhatsApp, including but not limited to how WhatsApp may collect, use, transfer or handle your personal information and data or your content.
  4. DSB WhatsApp is not an e-Banking nor Mobile Banking service. You will not be requested to log onto e-Banking or Mobile banking or provide any account information such as password. Neither account enquiries nor transactions can be performed within DSB WhatsApp. DSB WhatsApp will not access or record your user name or password of e-Banking or Mobile Banking. All information provided by you and the content of all your conversations with DSB WhatsApp will be collected, used, stored and disclosed for providing, managing and improving DSB WhatsApp, including but not limited to data analytics and machine learning for DSB WhatsApp's accuracy and quality enhancement and for the purpose of providing banking services. Such data will be retained by the Bank and the Bank's service providers for 12 months.