PrimeCredit WhatsApp Business Official Account Terms of Use

Please read all of these Terms of Use carefully before using PrimeCredit WhatsApp account and service.
PrimeCredit WhatsApp Business Account (“PrimeCredit WhatsApp”) is a service provided and operated by PrimeCredit Limited (“PrimeCredit”). By using PrimeCredit WhatsApp, you agree to these Terms of Use (“Terms of Use” or “Terms”) and as they may be amended thereafter. Only the account with a green badge next to the WhatsApp contact’s name is the official account of PrimeCredit verified by WhatsApp.

All conversations are transmitted to and stored by PrimeCredit and authorised third parties, which may include processing overseas. Before submitting your information, please read the Personal Information Collection Statement of PrimeCredit “Notice to Customers and other individuals relating to the Personal Data (Privacy) Ordinance and the Code of Practice on Consumer Credit Data” (“PICS”) via the following hyperlink https://www.primecredit.com/en/privacy-policy/. Your continuing use of PrimeCredit WhatsApp Service constitutes your acceptance of these Terms of Use and the PICS.

All promotions and services mentioned by the PrimeCredit WhatsApp Service are subject to the respective terms and conditions, and are subject to change without notice.

1. 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. “PrimeCredit WhatsApp Service” or “Service” means the virtual assistant service that enables you to communicate with PrimeCredit through WhatsApp platform.
      3. “Hong Kong” means the Hong Kong Special Administrative Region of the People’s Republic of China.
      4. “include” means include, without limitation, and “includes” and “including” shall be construed accordingly.
      5. “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 PrimeCredit WhatsApp.
      6.  “WhatsApp” or “WhatsApp Messenger” means the instant messaging application offered by WhatsApp Inc, which is owned by Meta Platforms, Inc.
2. 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 the PrimeCredit WhatsApp Service. Unless otherwise specified, the revised Terms will take effect when they are posted. Your continued use of the PrimeCredit WhatsApp Service after the posting of revised Terms will constitute your acceptance of the revised Terms and all modifications and amendments made to the Terms. You shall stop using PrimeCredit WhatsApp Service, should you do not agree to any such revisions, modifications and amendments made to these Terms.
3. 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 the PrimeCredit WhatsApp Service from time to time, which may be subject to additional terms and conditions.
   2. The PrimeCredit WhatsApp Service enables a virtual assistant to interact with you and respond to your enquiries using WhatsApp as the communication channel. The virtual assistant is powered by big data analytics and artificial intelligence technology. The accuracy, relevance, adequacy and quality of the responses may vary, as such technologies are constantly evolving.
   3. The PrimeCredit WhatsApp Service will provide answers to your queries about the service and products of PrimeCredit. You can interact with the virtual assistant to acquire relevant information.
   4. Only publicly available general information about PrimeCredit’s products and services will be provided via the PrimeCredit WhatsApp Service. PrimeCredit’s public website, physical branches and customer service hotline are alternative channels providing the same information.
   5. Unless stated otherwise, PrimeCredit will not charge any fees for your use of the PrimeCredit WhatsApp Service.
4. Licensed Rights
   1. In consideration of you agreeing to abide by these Terms, PrimeCredit grants you a nontransferable, non-exclusive, revocable license to use the Service on your mobile device for the purposes of using the Service only. You shall use the PrimeCredit WhatsApp Service for your personal purposes only.
5. Ownership
   1. You acknowledge and agree that all rights, title, interest and IP Rights subsisting in the PrimeCredit WhatsApp Service and its contents (including all trademarks, logos and service marks used in relation to them) (“Service Content”) are owned exclusively by PrimeCredit or its third party licensors. You have no rights, title or interest in the PrimeCredit WhatsApp Service or the Service 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.
6. Use of PrimeCredit WhatsApp Service
   1. You agree that you shall:
      1. be solely responsible for ensuring adequate protection and taking reasonable and appropriate precautions against any computer viruses, Trojan horses, worms, software bombs or other malicious software to any electronic equipment from which you access the PrimeCredit WhatsApp Service;
      2. ensure you have the necessary capacity and authority before uploading, submitting, posting or transmitting any material or information to PrimeCredit via the PrimeCredit WhatsApp Service (“Your Content”). By uploading, submitting, posting or transmitting Your Content to PrimeCredit via the PrimeCredit WhatsApp Service, 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;
      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 the PrimeCredit WhatsApp Service only for purposes that are expressly permitted by these Terms;
      5. not disassemble, decompile or reverse engineer any portion of the PrimeCredit WhatsApp Service;
      6. not engage in any activity that interferes with or disrupts the PrimeCredit WhatsApp Service or the servers and networks through which the PrimeCredit WhatsApp Service is provided;
      7. not copy, modify, adapt, reproduce, sublicense, download, exploit, re-publish, sell, distribute, translate, create derivative works from the PrimeCredit WhatsApp Service or Service 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 the PrimeCredit WhatsApp Service 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 the PrimeCredit WhatsApp Service or Service Content;
      10. not hack, break into, or attempt to hack or break into, in any manner, the PrimeCredit WhatsApp Service or Service 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 the PrimeCredit WhatsApp Service is provided;
      12. not use the PrimeCredit WhatsApp Service or Service 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 the PrimeCredit WhatsApp Service or Service Content;
      13. not contravene or infringe the rights of any other person;
      14. not use the PrimeCredit WhatsApp Service or Service 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, pornographic, 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 the PrimeCredit WhatsApp Service or Service 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 you use the PrimeCredit WhatsApp Service and Service Content at your own risk. You must evaluate, and bear all risks associated with the provisions of the PrimeCredit WhatsApp Service and Service Content, including the accuracy, completeness, usefulness, fitness and suitability of any such content and information for any particular purpose.
   3. You agree to indemnify, hold harmless and defend PrimeCredit and its related companies, affiliates, officers, employees, agents, contractors and 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 the PrimeCredit WhatsApp Service and related services, including but not limited to any acts or omissions by you that results in a breach of any or all of these Terms.
7. PrimeCredit WhatsApp Service
   1. To use the PrimeCredit WhatsApp Service, you shall maintain a valid account with WhatsApp, an instant messaging application offered by WhatsApp Inc. 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 the PrimeCredit WhatsApp Service. PrimeCredit is not obliged to notify you of the applicable terms and policies prescribed by WhatsApp from time to time. PrimeCredit does 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, PrimeCredit does not warrant or represent there will be no interruption or delay in browsing the PrimeCredit WhatsApp Service or that there will be no leakage of any personal information, failure of transaction or information error caused by WhatsApp.
   2. PrimeCredit has the right to determine or specify from time to time the scope and features of the PrimeCredit WhatsApp Service to be made available and PrimeCredit may cancel, withdraw, suspend, vary, expand, or reduce the PrimeCredit WhatsApp Service at any time without giving notice or reason.
   3. PrimeCredit may amend these Terms of Use from time to time in its sole discretion without liability to you. By continuing to use the PrimeCredit WhatsApp Service, you accept the amended Terms of Use and agree to be bound by them. If you do not agree to any such amendments, you should stop using the PrimeCredit WhatsApp Service.
8. Data Collection
   1. PrimeCredit will retrieve your phone number via the PrimeCredit WhatsApp when you use the PrimeCredit WhatsApp Service.
   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 the PrimeCredit WhatsApp Service:
      1. communications between you and PrimeCredit; and
      2. data regarding your visits to and use of the PrimeCredit WhatsApp Service
   3. Your conversations through PrimeCredit WhatsApp Service and other information provided to us will be collected, used, stored and disclosed for providing and managing the Service, including processing by big data analytics and artificial intelligence to improve its accuracy and performance.
   4. Your conversations and your personal information provided to us while using the PrimeCredit WhatsApp Service is subject to the PICS.
   5. By using PrimeCredit WhatsApp Service, you (a) agree and acknowledge that you have read, understood and agreed to the PICS of PrimeCredit, and (b) consent and acknowledge that PrimeCredit is 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 enquiry(ies) and/or application enquiry(ies) and/or other enquiry(ies) made to PrimeCredit (if any).
   6. When using WhatsApp, you are bound by the WhatsApp Terms of Service and Privacy Policy (Please refer to https://www.whatsapp.com/legal/) and other terms and conditions prescribed by WhatsApp from time to time. It is your responsibility to review and accept the terms and conditions of WhatsApp before using the PrimeCredit WhatsApp Service. PrimeCredit is not obliged to notify you the applicable terms and policies prescribed by WhatsApp from time to time. You are required to ascertain and observe those terms and policies. PrimeCredit is not responsible for any act or omission of WhatsApp, including how WhatsApp may collect, use, transfer or handle your personal information or your content.
9. Use of Data

   Without prejudice to the PICS, you agree that PrimeCredit may use all accessible information and data collected through PrimeCredit WhatsApp Service:

   1. to improve its products and services, to train, administer, enhance and maintain the PrimeCredit WhatsApp Service and related data analytics, to better understand how you use the PrimeCredit WhatsApp Service, 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 the PrimeCredit WhatsApp Service;
   3. to provide you with a more personalised experience in respect of the PrimeCredit WhatsApp Service;
   4. to design and develop loan/credit facilities or other financial products or services for our 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, which can be accessed via the following hyperlink: https://www.primecredit.com/en/privacy-policy/
10. Third Party Materials
    1. The PrimeCredit WhatsApp Service and Service 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 disclaims all responsibility and liability for the quality, completeness, accuracy, usefulness, timeliness, reliability or continuity of any content in such Third Party Materials. You use and 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 over 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 the PrimeCredit WhatsApp Service 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 or resources.
11. Warranties and Disclaimers
    1. The content available via the PrimeCredit WhatsApp Service is for your general reference only, and is not and should not be regarded as professional or other advice. You should seek independent professional advice where necessary.
    2. The PrimeCredit WhatsApp Service is primarily intended for those who access it from or within Hong Kong. Products and services referred to in the PrimeCredit WhatsApp Service are offered only in jurisdictions where and when they may be lawfully offered by PrimeCredit. The PrimeCredit WhatsApp Service and its contents are not intended for use by persons located in or resident in jurisdictions which restrict the distribution of the content by us. You are solely responsible for observe all relevant restrictions.
    3. You agree that your use of PrimeCredit WhatsApp Service and Service Content is at your sole risk, and that the PrimeCredit WhatsApp Service and Service Content are provided on “as is” and “as available” basis without representation or warranty of any kind either express or implied. We do not guarantee any information provided by the PrimeCredit WhatsApp Service will fully meet your needs or expectations, or provide you with full, complete or comprehensive answers or responses.
    4. PrimeCredit has discretion as to whether to provide any information, products or services referred to by the PrimeCredit WhatsApp Service to any person. Any information, products or services described by the PrimeCredit WhatsApp Service may be withdrawn or amended at any time without advance notice at the discretion of PrimeCredit.
    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 the PrimeCredit WhatsApp Service, Service Content and Third Party Materials.
    6. The information you input into the PrimeCredit WhatsApp Service will be recorded, processed and stored by PrimeCredit and authorized third parties.
    7. If there is any inconsistency or ambiguity between the information provided by the PrimeCredit WhatsApp Service and PrimeCredit’s official website, the information provided on PrimeCredit’s official website shall prevail.
    8. Without prejudice to the generality of clause 10 above, PrimeCredit makes no representation or warranties:
       1. as to the accuracy, quality, completeness, timeliness, adequacy, security, reliability or validity of the PrimeCredit WhatsApp Service, Service Content or Third Party Materials; or
       2. that your use of the PrimeCredit WhatsApp Service, Service 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.
12. 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 PrimeCredit WhatsApp Service, Service Content, Your Content or Third Party Materials, whether or not PrimeCredit knows of the possibility of such losses.
13. Suspension or Termination
    1. You can stop using the PrimeCredit WhatsApp Service at any time. PrimeCredit has the right to suspend or terminate your access to and use of the PrimeCredit WhatsApp Service 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) the PrimeCredit WhatsApp Service or Service Content from time to time with or without prior notice at PrimeCredit’s sole discretion.
    2. PrimeCredit has the right to terminate your license to use the PrimeCredit WhatsApp Service and the content immediately without giving you notice or reason if:
       1. you have seriously or persistently breached any of the terms of these Terms; or
       2. PrimeCredit knows or reasonably suspects you have committed or are about to commit fraud or any other illegal or improper act; or
       3. you are not eligible or entitled to use the PrimeCredit WhatsApp Service for any reason; or
       4. the PrimeCredit WhatsApp Official Account or your WhatsApp account is withdrawn by WhatsApp for any reason; or
       5. WhatsApp service is terminated by WhatsApp Inc.
14. Severability
    1. If any provision of these Terms 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.
15. Governing Law
    1. 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.
16. 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.
17. 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.
18. Language
    1. Where these Terms are translated to other languages, if there are any inconsistencies between the English and the translated versions, the English version shall prevail.