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J.P. Morgan Symphony WhatsApp Terms and Conditions – Hong Kong
TERMS APPLICABLE TO YOU IF YOUR PERSONNEL USE WHATSAPP FOR COMMUNICATION WITH J.P. MORGAN’S CORPORATE & INVESTMENT BANK
1.1 JPMorgan ("JPM") has established a newly approved communication channel under which certain of your employees, personnel, agents and/or any other person authorised to represent you (your "Personnel") may use their mobile devices to send messages to, and receive messages from, JPM employees and submit transaction orders on your behalf to JPM using JPM-approved conversation interface on WhatsApp (together, the "WhatsApp Services"). For the avoidance of doubt, any reference to "you" in these Terms includes all of your branches and offices, wherever located.
1.2 By permitting your Personnel to use the WhatsApp Services, or by permitting any of your Personnel who have already used the WhatsApp Services to continue to do so, you are deemed to agree to and are bound by these Terms.
1.3 If you do not want your Personnel to use the WhatsApp Services to communicate with and/or submit your orders to us, it is your responsibility to prevent your Personnel from doing so.
1.4 These Terms govern the use of WhatsApp by your Personnel for business communication as described above with JPM employees only. They do not apply to (i) your use of WhatsApp for communication with any person other than JPM employees in the manner described above, and (ii) other approved channels of communication that you may use to communicate with JPM employees from time to time.
1.5 These Terms are in addition to any terms and conditions that may be applicable to you as a user of WhatsApp.
1.6 In order for your Personnel to use the WhatsApp Services, your Personnel must:
(a) accept JPM's invitation by responding to the welcome message invitation in order to access the JPM-approved conversation interface on WhatsApp; and
(b) agree to the terms as stated in JPM’s invitation (the "WhatsApp User Consent").
2.1 WhatsApp is a means for your Personnel to communicate with JPM employees and it is not a trading system, direct market access system or order routing system. Accordingly, if your Personnel submit transaction orders to JPM via WhatsApp, JPM is not bound to take any action, to enter into any transaction, or to accept and act in accordance with any instruction received from your Personnel, notwithstanding past practice or market custom unless and until JPM agrees to do so.
2.2 You authorize JPM to act on any transaction order or other instruction it receives through WhatsApp which JPM (i) believes in good faith has been submitted by your Personnel or (ii) reasonably believes to have been given by a person authorized to represent you, and JPM shall not be liable for acting in accordance with such transaction order and/or other instruction.
2.3 JPM has no duty to make any inquiry as to your Personnel's actual authority. Until JPM is notified in writing to the contrary, it shall be entitled to rely upon your Personnel or any such person JPM reasonably believes to have been authorized to represent you having full and unrestricted power to give it transaction orders or other instructions on your behalf.
3.1 You represent and warrant that:
(a) you have full power, authority and capacity to enter into and perform your obligations under these Terms;
(b) you have authorized your Personnel to use the WhatsApp Services for business communication, and your Personnel are permitted to share potentially confidential and/or potential inside information through WhatsApp;
(c) you have authorized your Personnel to use WhatsApp to place transaction orders through WhatsApp and to enter into any transactions governed by the applicable JPM terms of business, transactional terms or transactional documentation resulting from such transaction orders on your behalf; and
(d) you will ensure that your Personnel, when using the WhatsApp Services, do not delete or recall messages that contain submitted transaction orders or requests to execute transactions.
4.1 If JPM has any doubt as to the authenticity or validity of any instructions communicated using WhatsApp, JPM may verify the instructions through any means necessary, including through different channels of communication such as by calling you at your registered phone number. JPM is not required to act on any instructions where it has any such doubt and is unable to verify the instructions.
4.2 For the sake of clarity, JPM will acknowledge receipt of any instructions received from you by repeating and/or confirming your instructions in the reply message.
4.3 JPM will keep abreast of threat intelligence and fraud trends relating to instant messaging applications to ensure that adequate and appropriate security safeguards are implemented to prevent unauthorized access or security attack.
4.4 The parties acknowledge that WhatsApp is a third party owned and operated instant messaging application over which neither party has control. In the event that JPM is unable to provide the WhatsApp Services due to a known emergency or technical disruption, JPM shall:
(a) where reasonably practicable to do so, notify you that the WhatsApp Services are temporarily suspended; or
(b) disregard all instructions received through the WhatsApp Services and refer you to other channels of communication.
You understand and consent to the WhatsApp User Consent (as provided to your Personnel by JPM when your Personnel were initially invited to communicate with JPM employees via WhatsApp) and/or any other consent or authorization documents in any form that JPM may have provided or will in the future provide to your personnel from time to time in order to use or continue using the WhatsApp Services, and in particular you consent to JPM and JPM’s affiliates, among other things, monitoring and recording your WhatsApp conversations for purposes of complying with relevant laws and regulations and for risk management purposes.
6.1 Please be aware that there are certain risks involved in submitting transaction orders through the use of a third party owned and operated instant messaging application such as WhatsApp. There may be situations in which your instructions may be misrouted, delayed or not be delivered to us and JPM shall not be liable for any losses, claims, costs, damages or expenses of any kind whatsoever that you may suffer or incur (“Losses”) by reason of:
(a) JPM employees may not be able to monitor WhatsApp messages in real time and may not be able to respond in a timely manner;
(b) there may be misunderstandings or errors in the information or instructions;
(c) an unintended disclosure of the information or instructions which may occur during transmission over WhatsApp;
(d) there may be a disruption or outage in the WhatsApp system or a network issue that may inhibit our ability to receive or respond to your messages; or
(e) JPM may be required to make further enquiries to verify your identity and confirm the authenticity of your instructions.
6.2 The following are examples of security threats that you and your Personnel should be aware of and should take active measures to avoid and JPM shall not be liable for any Losses by reason of:
(a) Phishing messages or links – messages purporting to be from a trusted party may be sent to a user via WhatsApp by imitating that party’s username or content. The user must pay attention to the authenticity of the source of messages and be aware of potential phishing scams or fraud.
(b) Malware – messages with malicious software may be contained in attachments to users which may compromise the users system.
(c) Data leakage – message contents might be intercepted and eavesdropped and may cause leakage of sensitive information.
(d) Account theft – hackers may be able to obtain the password of a WhatsApp account and misappropriate the account or create fake account. The risk may be heightened if the user uses WeChat on multiple platforms (e.g. on a mobile device and desktop).
(e) Vulnerable applications – if users do not update applications immediately upon release, hackers may exploit identified vulnerabilities in the software to gain unauthorized access or compromise an account.
6.3 The Hong Kong Police Force has issued a warning to the public on the increasing number of cases where social media accounts have been stolen from users and used for illegal purposes. The following relevant precautions have been recommended to users:
(a) Use two-factor authentication for logging into accounts.
(b) Do not disclose account passwords to any party without proper reason.
6.4 You should provide your Personnel with regular training so that your Personnel are made aware of and understand the security threats and risks of using the WhatsApp Services.
7.1 If you have any complaints relating to the WhatsApp Services, please contact your relevant client representative. You may make a complaint to JPM by letter, telephone, and email or in person. The written complaint should outline the facts, your concerns, what you are seeking from JPM to resolve your complaint and how we may contact you.
7.2 If you need further information or have any queries in relation to our internal complaint handling procedure, please contact your client representative accordingly.
8.1 These terms shall be governed by, and interpreted in accordance with Hong Kong laws. Any dispute, controversy, difference or claim arising out of or relating to these Terms, including the validity, interpretation, performance, breach or termination thereof, or any dispute regarding non-contractual obligations arising out of or relating to it, shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre under the Hong Kong International Arbitration Centre Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of the arbitration shall be Hong Kong. The number of arbitrators shall be three. The arbitration proceedings shall be conducted in the English language.
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