SafeShare terms of use (external users) (8 January 2019)

 

The Standard Chartered SafeShare service (“Service”) is subject to the terms and conditions set out below (“Terms”). We may modify these Terms at any time. By using the Service, you agree to observe and comply with the current Terms. If you do not agree to these Terms, do not use the Service.

 

(1) Access to the Service is controlled by password-based individual user IDs that are time-bound. You are responsible for keeping such details secure and confidential and must not disclose them to any third party. You are responsible for any usage of your account. When your session expires, you will automatically be logged out of the Service.

 

(2) Disclaimer of Warranties and Limitation of Liability. EXCEPT AS SET OUT IN THESE TERMS, ALL CONDITIONS, WARRRANTIES AND REPRESENTATIONS WHETHER EXPRESS OR IMPLIED BY LAW OR OTHERWISE IN RELATION TO THE SERVICE ARE EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT WARRANT THAT THE SERVICE IS ERROR-FREE OR SECURE. WE DO NOT CONTROL AND ARE NOT LIABLE IN ANY WAY FOR DATA OR CONTENT THAT YOU ACCESS OR RECEIVE VIA THE SERVICE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY KIND OF LOSS OR DAMAGE INCURRED AS A RESULT OF USE OF THE SERVICE HOWSOEVER CAUSED. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR COMPUTER OR DEVICE HAS THE NECESSARY PREVENTIVE CONTROLS AND PROTECTIONS AGAINST MALICIOUS FILES AND UNWANTED TRAFFIC (INCLUDING BUT NOT LIMITED TO PERSONAL ANTIVIRUS, MALWARE AND THREAT PROTECTION, AND FIREWALLS).

 

(3) Acceptable Use Policy. You must not use the Service: (i) if you are not expressly authorised. Any unauthorised access will be prosecuted to the fullest extent permitted by law; (ii) for anything unlawful, immoral or inappropriate; (iii) to make offensive or nuisance communications in whatever form, including without limitation posting, transmitting, uploading, downloading or otherwise facilitating any content that is defamatory, obscene, threatening, racist, sexist, offensive, hateful, abusive, illegal, harmful or malicious; (iv) to infringe the rights of others; (v) to (or attempt to) harm minors in any way; (vi) to send, forward, download, access, process or store any material that contains computer viruses or other destructive software or code, games, chain-emails, spam or jokes; (vii) to knowingly permit others to act in a way that jeopardizes or impairs the operation of the Service or our systems; or (viii) otherwise contrary to applicable laws or regulations. We reserve the right to immediately and without notice, suspend your access to the Service.

 

(4) Personal Data and Monitoring. We collect personal data about you when we register you with the Service and when you access and/or use the Service. The following information is collected: your email address, first name, last name, contact number and company name. To the extent permitted by law, we may also record and monitor your activities on the Service (specifically, we monitor and record details of the files you transfer through the Service (i.e. the protocol source and destination IP addresses, the file name, the file size and date and time (start and end) of the transfer) and not file content). We collect the above information, and record and monitor your activities on the Service, to ensure: (i) the effective operation and security of the Service; (ii) for audit and traceability reasons in the event of a data leakage incident through the Service; and (ii) that use of the Service complies with these Terms, our legal and regulatory obligations and internal policies for the purposes outlined above. Personal data collected as part of the registration process and via the Service is subject to our Privacy Policy.

 

(5) Indemnity. You agree to indemnify, defend and hold us harmless from and against any liability, loss, damages, costs, claims and expenses (including reasonable legal fees) suffered or incurred by us in connection with your use of the Service.

 

(6) Governing law and Jurisdiction. Your use of the Service, these Terms and all matters arising from or in connection with them shall be governed by and construed in accordance with English law, and the parties irrevocably submit to the non-exclusive jurisdiction of the English courts.