WeCom (WeChat for Work) – Terms & Conditions WM

Terms of Use for Instant Messaging (“IM”)

(Instant Messaging via WeChat/WeCom (WeChat for Work)) (the “Channels”)

This is a communication from BNP Paribas, acting through its Singapore branch and/or BNP Paribas, acting through its Hong Kong branch (collectively referred to as, the “Bank”) which is confidential and for our clients only. Please read the following carefully as it contains the terms of use governing the use of these Channels of electronic communications between you and Bank. By using these Channels to communicate with the Bank, you (both for yourself and on behalf of the Bank account(s) on whose behalf you are acting) agree to the terms of use herein, which the Bank reserves the rights to update from time-to-time which you shall be deemed to accept, acknowledge and agree to the latest versions thereof when you continue to use the Channels to communicate with us. The terms and conditions governing your account(s) with the Bank (“Account T&Cs”) and the Terms and Conditions for Digital Banking Services (“Digital T&Cs”) shall apply to the use of the Channels. In particular, the term “Digital Banking Services” under the Digital T&Cs shall be construed to cover the Channels.

If you do not wish to receive any further communication via these Channels, please inform your relationship manager. All communications are monitored and recorded by these Channels and may also be monitored and recorded by the Bank for record-keeping, quality training, investigation and other legitimate purposes in the manner permitted by local law and processed in accordance with the “Account T&Cs”, the Personal Data Protection Act 2012 of Singapore, the Bank’s Data Protection Policy (available at: https://apac.bnpparibas/en/singapore/data-protection-policy/), the Personal Data (Privacy) Ordinance of Hong Kong and the Notice to Customers relating to the Personal Data (Privacy) Ordinance of Hong Kong (available at: https://www.bnpparibas.com.hk/en/data-protection-notice/), as updated and/or amended by the Bank from time to time. Such records may be used as evidence in any legal proceedings in the event of a dispute and you consent to the same. Clause 4 (Instructions by Telephone, Facsimile, Telex, Video Conference & Other Electronic Means) of the Account T&Cs, including the various indemnities and exclusion clauses therein, shall be incorporated as if set out fully herein. The Bank cannot provide any assurance that any such electronic communications (sent or received) are secure, confidential, error free, not corrupted, complete and/or that they will not be lost, destroyed, delayed, intercepted or otherwise affected by unauthorised persons or technical failures without the knowledge of the sender or intended recipient. Therefore, the Bank advises against sending sensitive, confidential or personally identifiable information via these Channels unless absolutely necessary and disclaims any liability should you choose to do so, for which you fully understand and accept the risks and which the Bank makes no representations or warranties whatsoever as to the security, access and usage of any communication transmitted to or by the Bank via these Channels. As may be necessary (e.g. if requested by you or if the context requires), you authorise and consent for the Bank to send you and to receive via these Channels information relating to you and your account(s) with the Bank, including but not limited to customer information and personal data. The Bank shall not be responsible for any loss of security or breach of confidentiality of any such communication. Material herein may be copyrighted and the property of the Bank and unauthorised copying or distribution of this message or linked materials without the prior consent of the Bank is not permitted.

To the extent that this communication contains documents in relation to market/product-related information and/or general product recommendation, additional terms will apply: https://wealthmanagement.bnpparibas/asia/en/disclaimer1.html

You accept that it is your sole responsibility to keep, and to ensure that your electronic devices for using these Channels are safe and secure, including without limitation, to keep confidential, safe and secure the security credentials you use to access the device and Channels, to take reasonably practicable measures to guard against any phishing or social engineering attacks and to ensure regular updates with security patches on your electronic devices and not to forward unverified links etc. Communicating via these Channels using your electronic devices shall be restricted solely to you. You undertake to immediately inform the Bank of any loss or theft or unauthorised use of your electronic device or any breach or suspected breach of security in relation to these Channels by notifying your relationship manager or through other Bank’s communication channels notified by the Bank to you. You shall bear full responsibility for all consequences arising from the use, loss or misuse of your electronic device and these Channels.

Please note that these Channels are run and/or managed by external service providers which do not belong to the BNP Paribas group (“Third Party Service Providers”), including without limitation, Tencent Ltd. We draw your attention that the use of these Channels shall be subject to the applicable terms of such Third Party Service Providers from time to time (the “Third Party Terms”). Please be reminded to read and consider the Third Party Terms carefully and decide whether or not to accept the Third Party Terms and to use the Channels at your own discretion and determination. If you have decided to cease using any of these Channels at any time, please notify the Bank in writing.

BNP Paribas shall not be responsible or held liable for any collection, storage, usage, handling, sharing and/or transfer by any Third Party Service Providers and/or any other parties of any data communicated through the Channels, or for any act, omission and/or fraud on the part of the Third Party Service Providers and/or any other parties. BNP Paribas shall not be responsible or held liable for any breach of confidentiality, loss or misuse of any data by the Third Party Security Providers.

Security Risks Acceptance

You acknowledge that you fully accept, understand, acknowledge (and hereby consent, as applicable or necessary) that:

(a) there are heightened security risks for using electronic communication channels. Any chat messages passing through the Channels may be stored by Tencent (the operator) at their cloud storage for certain period of time which are not end-to-end encrypted and present higher security risks and you are advised not to send any confidential, sensitive or personal information;

(b) the Bank makes no representations or warranties whatsoever as to the security of any information or messages transmitted to or by the Bank pursuant to such means and that the Bank shall not be responsible for any legal dispute caused by message content, loss of security or breach of confidentiality of any such information or instruction;

(c) there may be potential, aggravated and/or heightened security risks and/or vulnerabilities which will be exposed to you with your use of these Channels to communicate with the Bank; such risks include, without limitation, phishing, malware, leakage of sensitive and confidential information, account theft and impersonation and other common vulnerabilities and exposures as may be present from time-to-time (“Security Incidents”), as well as operational risks which you will need to face and you are advised not to share login details with anyone;

(d) you have sufficiently adequate security awareness and knowledge in place, and that you have a full and sound understanding of the security features of the Channels, before on-boarding yourself to the Channels to act on behalf of your account(s) held with the Bank;

(e) it will not be appropriate for you to on-board to, or use, the Channels if you have not familiarised yourself with the security risks and vulnerabilities associated therewith;

(f) you will not spread or introduce any malicious software or virus to the Bank or any of its affiliates via your use of the Channels, whether or not intentional; and shall inform the Bank if and when you face any Security Incidents which may affect the Bank; and

(g) you acknowledge and agree that, the Bank will not be liable or responsible to you for any loss, harm, damages or expenses which may be suffered by you (“Loss”) in connection with your use of the Channels, including, but not limited to, any Loss arising directly or indirectly from Security Incidents.

The Bank reserves the right to cease or suspend the use of these Channels as a communication channel with you at its absolute discretion. You agree that the Bank shall not be responsible or held liable for any interruptions, disruptions or malfunction of the Channels. If you experience any problem in using the Channels, please contact our hotline at (65) 6210-6008 (Singapore) or 001-800-6210-6008 (Hong Kong) from Mon – Fri, 9 a.m. to 6 p.m. Singapore or Hong Kong business days only for technical support and/or please contact your relationship manager for assistance relating to your account(s).

You agree that you shall only use the Channels for communication with the Bank relating to the operation and management of the account(s) with the Bank and for no other purpose. You shall keep all communication between you and the Bank via the Channels private and confidential, including not to invite to the Channels or allow disclosure of any such communications to any unauthorised third parties on the account(s) (if this happens, you agree and consent to such disclosure and to be solely responsible for any loss and consequences of security or breach of confidentiality of any such communication). Save for the purpose of your compliance with any applicable legal or regulatory obligations, you agree and undertake not to disclose any communication between you and the Bank via the Channels to any other third parties except with the Bank’s prior written consent.

Restriction on Order Taking

At the moment, we do not accept order taking and/or trade execution via these Channels. This restriction applies to all transaction-related, pre and post-transaction discussions. Please use other approved channels of communications instead. You understand and accept that, since the Channels are not for order taking, the Bank at its sole and absolute discretion shall refuse to or not act on any communication without having to furnish any reason therefor; the Bank shall not be obliged to notify you and/or the Client of its refusal to act on such communication, unless required by the applicable laws and regulations. The Bank will not in any way be responsible or held liable for any loss howsoever incurred (whether directly or indirectly) by you or any person arising from the Bank’s refusal to or not to act on any order or communication via the Channels.

Other Restrictions

You also confirm that neither you nor, to the best of your knowledge, any of your subsidiaries, directors, officers, members, employees or agents thereof, (i) is the subject of any Sanctions or is owned or controlled by persons that are the subject of any Sanctions (a “Sanctioned Person”) or (ii) is located, organised or resident in a country or territory that is, or whose government is, the subject of Sanctions (a “Sanctioned Country”). You confirm that you do not and shall not engage, directly or indirectly, in any activity or transaction that involves Sanctioned Persons or Sanctioned Countries. You shall not send to or process through BNP Paribas any transaction involving Sanctioned Persons or Sanctioned Countries or that would be funded or otherwise facilitated by BNP Paribas.

“Sanctions” means any economic or trade sanctions, embargoes or restrictive measures enacted, administered, imposed or enforced by the U.S. Department of the Treasury’s Office of Foreign Asset Control Clause (OFAC), the U.S. Department of State, the United Nations Security Council, the European Union, the French government or any other government, governmental agency regulator or authority.

Indemnity

You agree and undertake to fully and completely indemnify and at all times keep the Bank and each of its nominees, agents, brokers, custodians and officers indemnified and held harmless against any and all losses, claims, demands, actions, proceedings, reasonable expenses (including legal fees on a full indemnity basis) and all other liabilities of whatever nature or description (including goods and services, value added or other similar taxes payable thereon or in connection therewith) which the Bank, its nominees, agents, brokers, custodians and/or officers, may incur or suffer as a result of (whether directly or indirectly) or in connection with the use of these Channels or as otherwise contemplated above and for such purpose, the Bank may debit any of your account(s) of the with the Bank with any amount required to indemnify the Bank as aforesaid.