Terms of Use for PrimeCredit Chatbot

These Terms of Use (“Terms of Use” or “Terms”) govern your access to and use of Chatbot and contain important information about how PrimeCredit will access and use Personal Information about you for the purpose of providing this service. Before you are using the Chatbot provided by PrimeCredit, please read these Terms of Use carefully. Your continuing use of PrimeCredit Chatbot would constitute acceptance of these Terms of Use. If you do not agree with this Terms of Use, please do not use this service.

Chatbot enables an automated Chatbot, as well as live PrimeCredit agents in call centres and/or parties authorized by PrimeCredit, to interact with PrimeCredit customers and other individual users through Designated Messaging Platforms. PrimeCredit provides and operates this service for the purpose of interacting with you. We aim to provide you with help and support in navigating PrimeCredit products and services upon your request over the respective messaging platform. Please be advised, PrimeCredit will not provide you with advice, or act on an instruction from you while using the Chatbot. PrimeCredit will merely be communicating with you via this Chatbot to assist and respond to certain general enquiries about designated PrimeCredit products and services. The information provided for any general enquiry is for reference only and may be valid for a limited time only and does not constitute any offer, invitation, inducement, solicitation, advice or recommendation for any product or services. You must only use Chatbot for the purposes described in these Terms of Use. You must not use or attempt to use Chatbot to:(a)adversely affect the reputation of PrimeCredit; (b)damage or interfere with Chatbot data, software, website or information technology systems; (c)send any offensive, inflammatory, defamatory, fraudulent or otherwise unlawful information, messages or materials; or (d)cause annoyance or inconvenience to PrimeCredit or any related third party. You acknowledge that PrimeCredit has the right to suspend or terminate your use of Chatbot at sole discretion without prior notice if PrimeCredit reasonably believes that you have breached these Terms of Use.

Definitions
1. Unless the context otherwise requires, these Capitalized terms shall have the following meanings:
  1. “PrimeCredit” or “We” means PrimeCredit Limited and its successors and assigns.
  2. “Designated Messaging Platform” means any platform and messaging platform, whether or not the platform is owned or operated by PrimeCredit, that PrimeCredit provides and operates Chatbot on it, including any social media messaging platform (such as Facebook Messenger), Instant Messaging platform (such as WhatsApp), PrimeCredit websites, PrimeCredit mobile App and other messaging platforms as approved by PrimeCredit from time to time.
  3. “Chatbot” means a program provided and operated by PrimeCredit that you can interact with PrimeCredit via Designated Messaging Platform. The content replied by Chatbot is for reference only.
  4. “Chatbot Content” means the information, materials and content (of whatsoever nature), including (without limitation) text, data, images, photos, graphics, marks, icons, logos or videos, which is able to be accessed or viewed via Chatbot.
  5. “Hong Kong” means the Hong Kong Special Administrative Region of the People’s Republic of China.
  6. “IP Rights” means rights to any trademarks, service marks, logos, trade names, corporate names, Internet domain names, patents, registered designs, copyrights, design rights, database rights, rights in designs, inventions, semiconductor topography rights , know-how, trade secrets or any similar right exercisable anywhere in the world, and all applications or rights to apply for the same (where such applications can be made), whether presently existing or created in the future, and whether registered or not, and all benefits, privileges, or rights to sue, recover damages and obtain relief for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
  7. “Services” means the services provided by PrimeCredit (at its sole discretion) to enable you to raise enquiries and obtain information in relation to any products or services offered by PrimeCredit via Chatbot.
  8. “Third Party Materials” means software, text, data, uniform resource locator (URL), images, photos, graphics, videos, marks, icons, logos, materials or information, provided, uploaded, transmitted, submitted or posted by or sourced from a third party, which is provided by PrimeCredit via Chatbot.
Amendments and Updates
1. PrimeCredit may amend, vary or supplement these Terms from time to time at PrimeCredit’s sole discretion without liability to you. PrimeCredit shall post revised Terms on Chatbot. Unless otherwise specified, the revised Terms will take effect when they are posted. If you continue to use the Chatbot after posting of revised Terms, will constitute your acceptance of the revised Terms and all modifications and amendments made to the Terms, you will then be bound by the revised Terms. You shall stop using the Chatbot and the Services, should you do not agree to any such revises, modifications and amendments made to these Terms.
Services
1. You understand that PrimeCredit has the right to offer additional services to you or modify existing services in respect of the use of Chatbot, Services and Chatbot Content from time to time, which may be subject to additional terms and conditions.
Ownership
1. You acknowledge and agree that all rights, title, interest and IP Rights subsisting in Chatbot, the Services and Chatbot Content (including all trademarks, logos and service marks used in relation to them) are owned exclusively by PrimeCredit or its third party licensors. You have no rights, title or interest in Chatbot, the Services or Chatbot Content. You shall not use any trademark, service mark, trade name or logo of PrimeCredit or any other IP Rights of PrimeCredit for any purpose without express consent from PrimeCredit. Nothing in these Terms shall be construed as granting you any rights to such trademarks, service marks, trade names, logos or IP Rights. PrimeCredit reserves all rights not expressly granted under these Terms of Use.
Use of Chatbot, Services and Chatbot Content
1. You agree that you shall:
  1. be solely responsible for ensuring adequate protection and taking reasonable and appropriate precautions against any computer virus, Trojan horses, worms, software bombs or other malicious software to any electronic equipment from which you access the Chatbot;
  2. ensure you have the necessary capacity and authority before uploading, submitting, posting or transmitting any material or information to PrimeCredit via Chatbot (“Your Content”). By uploading, submitting, posting or transmitting Your Content to PrimeCredit via Chatbot, you agree to grant PrimeCredit the right (but in no way an obligation) to remove, pre-screen, review, flag, filter, modify or refuse any of Your Content at PrimeCredit’s sole discretion, and Your Content may subject to the Personal Information Collection Statement of PrimeCredit (“PICS”). You shall read the PICS of PrimeCredit “Notice to Customers and other individuals relating to the Personal Data (Privacy) Ordinance and the Code of Practice on Consumer Credit Data” via the following hyperlink https://www.primecredit.com/en/privacy-policy/ ;
  3. be solely responsible for, and PrimeCredit has no responsibility to you or to any other person, for your actions, omissions or any breach of your obligations under these Terms;
  4. use Chatbot, the Services and Chatbot Content only for purposes that are expressly permitted by these Terms;
  5. not disassemble, decompile or reverse engineer any portion of Chatbot or the Services;
  6. not engage in any activity that interferes with or disrupts Chatbot or the Services, or the servers and networks through which Chatbot is provided;
  7. not copy, modify, adapt, reproduce, sublicense, download, exploit, re-publish, sell, distribute, translate, create derivative works from Chatbot, the Services or Chatbot Content (in whole or in part);
  8. not install, upload or transmit (or allow the installation, uploading or transmission of) any viruses or instructions, codes, techniques or devices or similar software, data or other harmful components capable of disrupting, disabling, damaging, destroying, shutting down, monitoring, overburdening or limiting the functionality of Chatbot, the Services, or other telecommunications or computer systems (including any hardware or software) or devices, or any data transmitted through or stored on them;
  9. not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce, disrupt or circumvent the structure or presentation of Chatbot, Services or Chatbot Content;
  10. not hack, break into, or attempt to hack or break into, in any manner, this Chatbot, Services or Chatbot Content and/or any data or information on PrimeCredit’s server(s) or that of any third parties;
  11. not take any action or allow any other person to take any action that would enable you, or any other person, to gain unauthorized access to, monitor or tamper with or use any computer systems or networks of PrimeCredit or through which Chatbot is provided;
  12. not use Chatbot, the Services or Chatbot Content in any way that is unlawful or breaches any applicable laws, or promotes illegal activities; and not violate any applicable laws relating to you use of Chatbot, the Services or Chatbot Content;
  13. not contravene or infringe the rights of any other person;
  14. not use Chatbot, the Services or Chatbot Content in any way to send, communicate or upload any materials or contents not belonging to you, or engage in any behavior or activities that are harassing, disruptive, offensive, abusive, threatening, indecent, defamatory, obscene, vulgar, pomographic, menacing, illegal, illicit or in contempt of any legal or other proceedings, or to send unsolicited communications, promotions, advertisements or spam messages; and
  15. not use Chatbot, the Services or Chatbot Content to impersonate another person or otherwise misrepresent or falsely claim an affiliation or relationship with another person or entity in a manner that does or is intended to mislead, confuse, or deceive others.
2. You understand and agree that the use of Chatbot, Services and Chatbot Content is at your own risk. You must evaluate, and bear all risks associated with the provisions of such Services and Chatbot Content, including on the accuracy, completeness, usefulness, fitness and suitability of any such content and information for a particular purpose and yourself.
3. You agree to indemnify, hold harmless and defend PrimeCredit and its related companies, affiliates, officers, employees, agents, contractors or other partners against any and all claims, actions, proceedings, damages, injuries, liabilities and all costs suffered or incurred as a result of your use of Chatbot and related services, including but not limited to (a) any acts or omissions by you that results in a breach of any or all of these Terms; or (b) your use of any services related to Chatbot.
Data Collection
1. In order to be able to use Chatbot via Designated Messaging Platform, you may need to log on using your relevant account. By accessing or using Chatbot via the respective Messaging Platform, you give PrimeCredit consent to collect the relevant account ID, avatar and name displayed of your account. Account ID may be automatically designated or assigned by the respective messaging platform to your account and may associate with your profile of that account, which may or may not have been made known or available to you, regardless of whether you choose to create a username. Format and/or name of account ID may differ across different messaging platforms.
2. PrimeCredit may collect the following data which may be personal data from time to time in relation to PrimeCredit’s provision and your use of Chatbot:
  1. communications between you and PrimeCredit; and
  2. data regarding your visits to and use of Chatbot.
3. The data outlined in clause 6.1 and 6.2 above is required for the respective purposes set out in clause 7. If you do not provide such required data, or any other information that PrimeCredit indicates to you as required at the time of collection, you may not be able to use Chatbot or the Services.
USE OF DATA
You agree that PrimeCredit use of all accessible information and data set out in clause 6 collected through Chatbot:
1. to improve product, service, training, administer, enhance and maintain Chatbot and data analytics, in order to better understand how you use Chatbot and the Services, and to respond to any service issues you may have;
2. to process, handle or communicate with you in respect of any enquiry, complaint or requests by you via Chatbot and/or relating to Chatbot or the Services;
3. to provide you with a more personalised experience in respect of Chatbot and the Services;
4. to design and develop loan/credit facilities or other financial products or services for customers’ use;
5. to help resolve any disputes between PrimeCredit and you, or enforce PrimeCredit’s rights against you in any legal proceedings, or to defend PrimeCredit against any claim, in relation to you;
6. to comply with applicable laws or regulations or any guidelines, guidance or requests given or issued by any regulatory authority and any international guidance, internal policies or procedures, existing currently or in the future; and
7. other purposes stated in the Privacy Policy Statement of PrimeCredit, you shall read the Privacy Policy Statement of PrimeCredit via the following hyperlink: https://www.primecredit.com/en/privacy-policy/
Third Party Materials
1. Chatbot and Chatbot Content may contain Third Party Materials. You acknowledge and agree that PrimeCredit has no responsibility or liability in relation to the Third Party Materials, and has no obligation to actively monitor or exercise any control over them.
2. PrimeCredit does not endorse, verify or make any warranties or representations in relation to any Third Party Materials and disclaim all responsibility and liability for the quality, completeness, accuracy, usefulness, timeliness, reliability or continuity of any content in such Third Party Materials. You use or rely on the Third Party Materials at your own risk.
3. If Third Party Materials contain links to other websites and resources provided by or originated from third parties, these links are provided for your information and reference only. You understand that PrimeCredit may have no control on such websites and resources and PrimeCredit will not bear liability for any loss and damage caused to you arising from the presence, use, suspension, disruption and/ or other non-availability of these websites and resources. Your interaction with these websites and materials will be at your own risk and responsibility. The inclusion of a link to another website from Chatbot does not imply any endorsement of or association with the websites or resources themselves or of those in control of them. PrimeCredit is not responsible for the content of any external websites and resources.
Warranties and Disclaimers
1. Chatbot Content is for your general reference only and is not intended to be any advice to you.
2. To the extent you are using Chatbot or the Services on Designated Messaging Platform, you acknowledge that your use of Chatbot, Chatbot Content and Your Content is subject to the applicable terms of service and data policy prescribed by the Designated Messaging Platform from time to time. If you are interacting with PrimeCredit Chatbot via Designated Messaging Platform, you understand and acknowledge that PrimeCredit has no control over the messaging platform. PrimeCredit is not responsible for any act or omission of Designated Messaging Platform, including how they may collect, use, transfer, handle, process or store your personal data or Your Content.
3. If you are interacting with PrimeCredit Chatbot via Designated Messaging Platform, PrimeCredit Chatbot will not actively solicit or request any sensitive personal information from you. Please do NOT disclose any sensitive personal data such as password, identity card number etc., in your conversation with PrimeCredit Chatbot. You acknowledge that you shall be solely responsible to protect your personal data during your access or use of Chatbot.
4. You agree that your use of Chatbot, the Services and Chatbot Content is at your sole risk and that Chatbot, the Services and Chatbot Content are provided on “as is” and “as available” basis without representation or warranty of any kind either express or implied.
5. To the fullest extent permitted by applicable law. PrimeCredit expressly disclaims all conditions and warranties of any nature or kind, whether express or implied, in relation to Chatbot, the Services, Chatbot Content and Third Party Materials.
6. The information you input into PrimeCredit Chatbot will be recorded, processed and stored by PrimeCredit Limited and authorized third parties.
7. Without prejudice to the generality of clause 8 above, PrimeCredit makes no representation or warranties:
  1. as to the accuracy, quality, completeness, timeliness, adequacy, security, reliability or validity of Chatbot, the Services, Chatbot Content or Third Party Materials; or
  2. that your use of Chatbot, the Services, Chatbot Content or Third Party Materials will be uninterrupted, timely, secure, free of any error or defects, or free of any viruses, instructions, codes, techniques or devices or similar software, data or other harmful components capable of disrupting, disabling, damaging, destroying, shutting down, monitoring, limiting the functionality or gaining unauthorized access to any telecommunications or computer systems (including any hardware or software) or devices, or any data transmitted through or stored on them.
Limitation of Liability
1. To the fullest extent permitted by applicable laws, PrimeCredit excludes all implied representations, conditions and warranties whether statutory or otherwise.
2. PrimeCredit shall not be liable to you in contract, tort (including negligence), breach of statutory duty or for any losses of any nature or type (whether general, special, indirect, direct, nominal, punitive, incidental or consequential) which you may incur or suffer arising from or in connection with any access or use of the Chatbot, the Services, Chatbot Content, Your Content or Third Party Materials, whether or not PrimeCredit knows of the possibility of such losses.
Suspension or Termination
1. You can stop using Chatbot or the Services at any time. PrimeCredit has the right to suspend or terminate your access to and use of Chatbot or the Services at any time with or without prior notice and at PrimeCredit’s sole discretion. PrimeCredit also has the right to amend, delete or cease providing (in whole or in part) Chatbot, the Services or Chatbot Content from time to time with or without prior notice at PrimeCredit’s sole discretion.
Governing Law
1. By accessing and using Chatbot and/or using any related services, you agree that such access and/or use, as well as these Terms (including its interpretation and any disputes relating to it) shall be governed by and construed in accordance with the laws of Hong Kong. You agree to be subject to the non-exclusive jurisdiction of the courts of Hong Kong. You further agree that these Terms of Use may be enforced in the courts of any competent jurisdiction.
Cookies
1. PrimeCredit may use cookies (“Cookies”), which are small pieces of information that are automatically stored in the web browser and relevant application of your computer and mobile device, which can be retrieved through the Chatbot, to provide, monitor, analyze, promote and improve Chatbot and the Services. The information collected by Cookies contains anonymous personalized setting information such as language preference, behavior and usage patterns. No personal data (such as your name, address or any information that will enable someone to identify and contact you) is stored in Cookies. If you do not wish to be tracked by Cookies, you can block Cookies on Chatbot by changing settings in the browser or device from which you access the Chatbot, however this may result in some features of Chatbot or the Services not functioning to its best capability.
Assignment
1. You may not transfer any of your rights or obligations under these Terms without the prior written consent of PrimeCredit. PrimeCredit may assign, sub-participate, sub-contract or transfer any or all of it rights and obligations under these Terms without your consent.
Third party rights
1. The Contracts (Rights of Third Parties) Ordinance (Cap.623 of the laws of Hong Kong) shall not apply to these Terms of Use and unless specifically provided herein, no person other than the parties to these Terms of Use and any assigns of PrimeCredit shall have any rights under it, nor shall these Terms of Use be enforceable by any person other than the parties herein.
Language
1. Where this Terms is translated to other language, if there are any inconsistency between the English and the translated versions, the English version shall prevail.