(a) These legal terms are between you and Mox (Mox/we/us) and you agree to and are bound by them by opening and maintaining an account with Mox and using any of our products or services.
(b) “These terms” consist of:
(i) any terms, information or documents we provide to you or you submit to us in connection with your application for any account, product or service (“Application Documents”);
(ii) in respect of any account, product or service, the relevant set of terms or documents issued by us, and all agreements, consents or confirmations accepted by us and/or you governing the relevant account, product or service (including any fee schedule) (“Additional Terms”); and
(iii) this document (including each schedule to it).
(d) If there is any inconsistency between the different documents comprising these terms, preference will be applied in the following order (subject to the application of any mandatory provisions of any applicable laws and regulations):
(i) Application Documents;
(ii) Additional Terms; and
(iii) these terms.
(e) In these terms, “Standard Chartered Group” means each of or collectively Standard Chartered PLC and its subsidiaries and affiliates (including each branch or representative office). Mox is a member of the Standard Chartered Group.
2. Scope of services
(a) We may open and maintain an account for you and offer you products and services in connection with any such account based on eligibility criteria, terms and through such means as we may specify.
(b) We may:
(i) introduce new accounts, products or services;
(ii) vary or suspend any existing accounts, products or services; and/or
(iii) close or withdraw any existing accounts, products or services.
(c) You must follow our procedures and provide us with any information or documents we may reasonably require in connection with the opening, maintenance or closing of any account or the provision of products or services.
3. Our relationship with you
(a) We are the debtor and you are the creditor with respect to any money you put into an account.
(b) You act as principal and not as agent or nominee for any other person.
(c) You do not and will not hold any money on behalf of any other person.
(d) The accounts, products and services we provide to you are for your sole and exclusive use. You will not allow anyone else to use or access any account, product or service.
(e) Any indication by you of your agreement to these terms by using the Mox app or such other electronic or execution means prescribed by us constitutes your electronic signature for the purposes of the Electronic Transaction Ordinance (Cap. 553 of the laws of Hong Kong).
4. Your instructions
(a) If we reasonably believe an instruction is given or appears to be given by you (an “Instruction”), we may act and rely on it without being liable.
(b) We will act on an Instruction as soon as reasonably practicable after we receive it but only if in our reasonable opinion, it is practicable and reasonable to do so.
(c) We may specify or vary the form or means by which you may give us an Instruction.
(d) Each Instruction you give us must be accurate and complete.
(e) You are bound by any Instruction as understood and executed by us in good faith even if:
(i) it is incorrect, false or unclear; or
(ii) it was not given or authorised by you.
(f) We may accept, refuse to execute or cancel any Instruction (or a part of any Instruction) without giving any reason. For example, we may delay acting or not act on an Instruction without prior notice to you:
(i) if, in our reasonable opinion, the Instruction is unclear;
(ii) if the Instruction is not given in a form or by such means acceptable to us;
(iii) if we are unable to act on the Instruction due to prevailing market conditions or any other reason beyond our reasonable control; or
(iv) if we believe or suspect the Instruction will result in a transaction which is illegal, fraudulent, dishonest or unauthorised or inconsistent with any market requirements or these terms. However, we need not determine or inquire into the purpose or legality of an Instruction.
(g) We do not have to act on an Instruction to cancel or amend an earlier Instruction. We may have fully executed the Instruction already, have insufficient time or we may not be able to cancel or amend an unexecuted or partly executed Instruction for any other reason. In these circumstances, we are not liable for any loss or expense suffered or incurred by you arising from or in connection with our acting on the earlier Instruction.
(h) You acknowledge and accept the risk of giving an Instruction to our contact centre staff as opposed to through the Mox app.
(a) Your account transactions will be set out in a monthly statement covering the relevant period unless otherwise required or permitted by applicable laws or regulations.
(b) You can download statements from the Mox app, and save and print them for your records. We will let you know when a new statement is available.
(c) If you would like to receive a paper statement, you can email us at email@example.com or call our contact centre. A fee applies.
(d) You must check each statement and let us know if you think it contains any errors.
(e) If you think there is an error in any statement you must notify us with details of the error within 90 days after the statement is available.
If you don't do so:
(i) the statement will be regarded as correct, conclusive and binding on you; and
(ii) you will have waived any right to raise any objection or pursue any remedies against us in relation to that statement,
unless the error arises from our negligence, fraud or wilful default, or that of our officers, employees or agents.
(f) We are not required to issue you a statement for your account if no transaction has been recorded on your account since the previous statement.
(g) On the Mox app, you will only be able to access statements from the previous 7 years.
6. Fees, charges and interest
(a) You must pay us the fees, charges or interest in respect of the accounts, products and services in accordance with our fee schedule, or as we may otherwise notify you.
(b) We may collect fees, charges or interest from you in such manner and at such intervals as we may specify. We may vary the fees, charges or interest rates and the frequency of payment by notice. Any fees, charges or interest paid is not refundable unless we agree otherwise.
(c) You are required to pay all costs and expenses reasonably incurred by us in connection with any account, product or service. These costs and expenses may include any applicable taxes, duties and levies payable in respect of your assets, and any expenses for preserving or enforcing our rights in connection with any account, product or service.
(d) Where a negative interest rate applies to any currency, we may impose negative interest on any credit balance denominated in such currency under any account.
(e) We are entitled to debit any of your accounts with all sums payable by you to us. Any delay in debiting does not constitute our waiver or affect our rights under these terms. If the debiting of an account would cause the account to be overdrawn, we may consider it as your request for an unauthorised overdraft. In such circumstances, you may be required to pay us:
(i) interest as shown in the Mox app; and
(ii) an arrangement fee for the overdraft or the increase.
7. Termination and Suspension
(a) To close any of your accounts in the Mox app you will need to:
(i) provide notice to us, following which it will take up to 30 days for your account to be closed, during which time: (A) transactions will continue to process on your account; and (B) we may continue to contact you in connection with your account(s);
(ii) ensure the account balance is zero (we suggest that you withdraw your remaining account balance from an ATM or transfer it to another bank account);
(iii) pay us any amount you owe us and settle any unpaid transactions;
(iv) print out your statements for your records; and
(v) cancel any automatic payment or direct debit arrangements.
(b) We may suspend or terminate all or any part of an account or a product or service by giving you 30 days’ prior notice (or, in exceptional circumstances, without notice) if:
(i) we can’t verify your identity or the source of your money;
(ii) we suspect on reasonable grounds that there has been a breach of law or regulation, including any unauthorised use of an image or name;
(iii) we need to protect you or us from fraud or other loss;
(iv) you’re no longer eligible to bank with us;
(v) we’re required to do so by law or to comply with a direction or instruction of an authority;
(vi) your account becomes overdrawn and you don't pay us back immediately;
(vii) your account remains inactive for a reasonable period of time as we may tell you; or
(viii) we consider it reasonably necessary to do so.
(c) If we close an account, we will pay you the remaining credit balance after deducting any amounts you owe us. We may:
(i) impose conditions on payment of the credit balance; or
(ii) transfer the credit balance to our unclaimed balances account.
(d) Upon termination of your Mox Account, you must destroy your Mox Card.
(e) Any closure of an account or the termination of these terms will not affect any of your or our rights or obligations which may have accrued on or before the date of such closure or termination.
8. Set-off and lien
(a) We are entitled, at any time and without notice to you, to combine or consolidate any credit balance of any account and set off, debit, withhold and/or transfer any sum thereof in or towards satisfaction of any of the obligations and liabilities owed by you to us in whatever capacity, whether actual or contingent, primary or collateral, or several or joint. If such combination, consolidation, set-off, debit, withholding or transfer requires the conversion of one currency into another, such conversion will be made at the prevailing exchange rate determined by us at the relevant time. We will notify you as soon as practicable after exercising our rights under this clause.
(b) We may exercise a lien over all your property which is in or coming into our possession or control, for custody or any other reason and whether or not in the ordinary course of our business. We have the power to dispose any of such property and apply the proceeds of disposal, after deduction of our reasonable expenses, to satisfy any obligations and liabilities owed by you to us.
9. Limitation of liability
(a) We are not liable for any taxes or duties payable on or in respect of any account, product or service we provide to you or assets held under these terms and conditions.
(b) To the extent permitted by any law or regulation, we are not liable for any loss or damage incurred or suffered by you or any other person arising from or in connection with any account, product or service or these terms, including:
(i) any act or omission by us or our officers, employees or agents, other than as a result of our or their negligence, fraud or wilful default;
(ii) any interruption, delay or failure (in whole or in part) in providing any product or service or in the performance of our obligations in respect of any account, product or service under these terms that is beyond our reasonable control;
(iii) our execution of, decision not to process, or any delay or failure to act on, any Instruction in part or in full for any reason;
(iv) our inability to effect transactions at the prices or rates quoted at any specific time;
(v) any fluctuation in exchange rates between the time we receive an Instruction and the time we act on it;
(vi) any default by you in performing your obligations under these terms;
(vii) the preservation or enforcement of our rights or exercise of our powers in connection with any account, product or service or these terms;
(viii) your failure to provide complete, accurate and up-to-date information requested by us in discharging our regulatory or legal duties;
(ix) the negligence, act or failure to act of any third party; and
(x) any event beyond the reasonable control of the affected party, such as one or more of the following:
(A) any act of God or sovereign;
(B) acts, restrictions, regulations, edicts, mandates, refusals to grant any licenses or permissions, changes in policy or prohibitions or measures of any kind on the part of any Relevant Authority or the exercise of military or usurped powers;
(C) interruptions, calamity, war, invasion, riots, hostilities, terrorism, sabotage or other blockade or embargo, insurrection, natural disasters, adverse weather conditions, strikes, industrial actions;
(D) breakdown, malfunction or failure of transmission or power, communication or computer facilities or systems;
(E) infection or disease epidemic(s), pandemic(s) or contamination;
(F) market disruption or fluctuation; and
(G) a material change in the monetary, political, financial or economic conditions or exchange or capital controls or other moratorium or restrictions on currency exchange or remittance, whether in Hong Kong or elsewhere.
“Relevant Authority” means any regulatory authority, governmental agency (including tax authority), clearing or settlement bank, exchange or depository, whether in or outside Hong Kong.
(c) We are not liable to you or any other person under any circumstances for any loss of profit or interest, indirect or consequential loss arising from or in connection with any account, product or service or these terms.
(a) To the extent permitted by laws and regulations, you will indemnify and reimburse us for all actions, proceedings and claims which may be brought by or against us, and for all our losses and damages, and all reasonable costs and expenses which we may incur or suffer, arising from or in connection with any account, product or service or these terms, unless due to our negligence, fraud or wilful default and only to the extent of direct and reasonably foreseeable loss and damage arising directly and solely from such negligence or wilful default.
(b) This Clause 10:
(i) is in addition to any other indemnity set out in these terms; and
(ii) continues after the termination of the accounts, products or services or these terms.
11. Keeping in touch
(a) Being a virtual bank, we will:
(i) contact you and send you information electronically (for example, by telephone, email, text message or push notification); and
(ii) let you know by email, text message or push notification that information is available on the Mox app.
All information we send to you is deemed to be delivered on the date of despatch or communication (in the case of a telephone call).
(b) Due to factors beyond our control (such as mobile network connectivity), we can’t guarantee that you will receive our notifications. Therefore, you should not rely on them, particularly when your reliance could result in a loss to you (such as a fee or missed payment).
(c) We are not liable for any loss you may suffer as a consequence of not receiving a notification from us.
(d) It is your responsibility to tell us within 30 days of any change to your personal details (such as your name, phone number, identification information, email address, tax status (or anything that may affect your tax status) or residential address). You may need to give us documents relating to the change to prove it is genuine.
(e) In order to contact us, you can:
(i) send us an email;
(ii) call our contact centre;
(iii) use the Mox app; or
(iv) send us a letter.
Any communication by you to us is deemed to be delivered when we actually receive it.
12. Suggestions and complaints
If you’re not impressed with us or our service in any way or wish to provide us feedback or suggestions, please contact us.
13. Recording and document retention
(a) We or our agents or employees may record and monitor instructions or communications with you, for example by recording telephone calls or storing our email or in-app communications. We will aim to, but we may not inform you on each occasion that we make such recordings.
(b) All recordings and other records are our property. We may store and destroy these recordings as we consider appropriate.
14. Appointment of agent or nominee
(a) We may appoint any other person(s), whether in or outside Hong Kong, as our agent or nominee to perform any services for us, for example any service provider or sub-contractor. For example, we may appoint a person to assist us in collecting and recovering any amounts you owe us.
(b) We may delegate any of our powers in these terms to any such person and disclose or transfer to them, whether in or outside Hong Kong, your information and any other information relating to any account, product or service.
15. Additional services
(a) We may offer you promotions (such as incentive programmes or value added services) in connection with a product offered by us or a third party.
(b) We will tell you about the terms of these promotions as we make them available. If they are provided by a third party, the promotions will be provided on the terms offered by the third party (which includes that third party’s privacy policies). You will be required to accept any such terms if you would like to take advantage of a promotion offer provided to you.
(c) We may vary or withdraw these promotions at any time.
(d) We do not guarantee or warrant the quality of these promotions.
(e) Information about these promotions will be available on the Mox app, or you can always contact our contact centre if you want to find out more information about the terms of these promotions.
16. Rebate and commission
(a) We may receive remuneration, commission, rebate, or other payments or benefits from any third parties (including any member of the Standard Chartered Group) directly or indirectly in connection with any account, product or service. The nature, amount and method of calculating any such payment or benefit may vary over time, depending on the third parties and/or transactions. We are entitled to retain these payments for our own account and benefit absolutely without having to make any prior disclosure to you.
(b) We may offer benefits and/or advantages to any person in connection with any account, product, service or these terms.
17. Collection and use of your information
(a) We and any member of the Standard Chartered Group may collect, use, transfer or disclose your information (which may include your personal data and information, information relating to your accounts or the products and services you use, technical information about your device, application software and peripherals and information about your relationship with us or the Standard Chartered Group), to the extent permitted by laws and regulations.
(b) Your information may be requested by us or on behalf of us or the Standard Chartered Group, and may be collected from you directly, from a person acting on your behalf, from other sources (including from publicly available information), and it may be generated or combined with other information available to us or any member of the Standard Chartered Group.
(c) We and any member of the Standard Chartered Group may use, transfer and disclose your information:
(i) in connection with providing the accounts, products and services under these terms;
(iii) in connection with matching against any data held by us or the Standard Chartered Group for whatever purpose (whether or not with a view to taking any adverse action against you),
((i) to (iii) are collectively referred to as the “Purposes”).
(d) We may (as necessary and appropriate for the Purposes) transfer and disclose any of your information to the recipients set out in the Privacy Documents (who may also use, transfer and disclose such information for the Purposes).
(e) If you provide us with information of any other person, you must have notified that person of this clause 17 and the Privacy Documents and obtained that person’s consent to the use, transfer and disclosure of such information as provided in this clause 17 and the Privacy Documents.
18. Your confirmations, undertakings, representations and warranties
Your capacity and legality to use the accounts, products and services
(a) You have full capacity, power and authority to execute, deliver, exercise your rights, perform and comply with your obligations under these terms.
(b) You agree that these terms constitute legal, valid and binding obligations enforceable against you in accordance with their terms.
(c) You confirm that none of the money or assets in your accounts are proceeds of organised crime.
(d) You’ll comply with all applicable laws and regulations relating to the opening and your use of the accounts, products and services.
(e) You have the legal right to use any image or name provided to us in connection with your accounts, and we may refuse to accept the use of any such image or name in our absolute discretion.
(f) You confirm that no action, suit or proceedings (whether in Hong Kong or elsewhere) before any court, tribunal, arbitral or administrative body or government agency that is likely to affect the legality, validity or enforceability against you or your ability to perform the obligations under these terms is pending or, to your knowledge, threatened.
(g) You confirm that you have never been, and are currently not, bankrupt. You do not intend to declare bankruptcy and are not aware of any bankruptcy proceedings against you.
(h) You agree that you will provide us with all documents and information as we may reasonably require to enable us to comply with any laws or regulations.
(i) All information you provide to us in connection with the accounts, products and services is complete and accurate. You’ll tell us if there is any update or change to such information.
(a) You are not:
(i) the subject of any sanctions administered or enforced by the US Department of the Treasury's Office of Foreign Assets Control, the US Department of State, the United Nations Security Council, the European Union, Her Majesty's Treasury, the Hong Kong Monetary Authority or any other relevant sanctions authorities (“Sanctions”); or
(ii) located or resident in a country or territory that is, or whose government is, the subject of Sanctions.
(b) You agree that you will not use the money in any account or any of our credit facilities, or lend, contribute or otherwise make available such funds to any person (whether directly or indirectly):
(i) to fund any activities or business in any country or territory, that, at the time of such funding, is, or whose government is, the subject of Sanctions; or
(ii) in any other manner that would result in a violation of Sanctions.
You are not connected to the Standard Chartered Group
(a) None of you or, if applicable, any of your guarantors and security providers, is our Connected Person. You must immediately notify us in writing when you (or, if applicable, any of your guarantors or security providers) become our Connected Person at any time.
(b) You authorise us to exchange with the Standard Chartered Group any information relating to you (or, if applicable, any of your guarantors or security providers) and any credit facilities (including any overdraft) granted to or guaranteed by you or the Connected Person to comply with our legal obligations as a bank.
“Connected Person” means any person who is:
(i) a director or employee of any member the Standard Chartered Group (including Mox);
(ii) a relative of a director or employee of any member of the Standard Chartered Group (including Mox);
(iii) a firm, partnership or non-listed company in which a member of the Standard Chartered Group or its director (or such director’s relative) is interested as director;
(iv) partner, manager or agent;
(v) an individual, firm, partnership or non-listed company of which any controller, minority shareholder controller, or director of the Standard Chartered Group (or such controller’s, minority shareholder controller’s or director’s relative) is a guarantor;
(vi) a person that controls any member of the Standard Chartered Group;
(vii) a person that has minority shareholding control of any member of the Standard Chartered Group; or
(viii) a firm, partnership or non-listed company which any of the persons listed above is able to control.
For the purposes of this definition:
A person has “control” if such person is:—
(i) an indirect controller, that is, in relation to a company, any person in accordance with whose directions or instructions the directors of the company or of another company of which it is a subsidiary are accustomed to act, or
(ii) a majority shareholder controller, that is, in relation to a company, any person who, either alone or with any associate or associates, is entitled to exercise, or control the exercise of, more than 50% of the voting power at any general meeting of the company or of another company of which it is a subsidiary,
and “controller” shall be construed accordingly.
A person is a “minority shareholding controller” or has “minority shareholding control” if such person, either alone or with any associate or associates, is entitled to exercise, or control the exercise of, 10% or more, but not more than 50% of the voting power at any general meeting of the company or of another company of which it is a subsidiary,
and “subsidiary” has the same meaning as given to it in the Companies Ordinance (Cap. 622 of the Laws of Hong Kong).
Your confirmation of tax compliance
(a) You are solely responsible for understanding and complying with your tax obligations (including tax payment or filing of returns, any income reporting requirements or other required documentation relating to the payment of all relevant taxes) in all jurisdictions in which those obligations arise and relating to the opening and use of any account, product or service.
(b) You confirm that you have not been committed or convicted of any serious tax crimes or been subject to any investigation or criminal proceedings, whether in Hong Kong or elsewhere, in relation to tax matters. You do not have knowledge of such investigations or proceedings being taken against you.
(c) You confirm that the purpose for opening an account or using the products or services is not illegitimate, and you will not use any account, product or service for illegal tax activities, tax avoidance or evasion.
(d) We have no responsibility in respect of your tax obligations in any jurisdiction which may arise including any that may relate specifically to the opening and use of any account, product or service provided by us. We have not provided and will not provide any tax advice.
(e) You understand and acknowledge that:
(i) any amount payable by you to us is subject to all applicable laws and regulations, including any tax requirement, foreign exchange restriction or control. You are liable for any tax, gross-up or similar charges payable in connection with any transaction effected under these terms; and
(ii) we are authorised to debit, withhold or deduct any amount of tax or duties from any payment payable to you or any account.
(f) You confirm that any withholding tax obligation or other obligations to make deduction or withholding, in respect of a credit facility under any applicable law or regulation (whether in or outside Hong Kong) shall be your responsibility. You will deliver promptly evidence satisfactory to us that you have complied with any applicable deduction or withholding obligations upon our request.
19. Making changes to any of our terms
(a) All our terms will always be available via the Mox app and on our website. The version of our terms within the Mox app prevails if there is any inconsistency between the Mox app and website versions of any of our terms.
(b) We can make changes to any of our terms for any reason but we’ll give you notice of any changes. The changes will apply from the date stated in the notice.
(c) For changes which will result in an increase in our fees or charges and/or affect your liabilities and obligations, we will give you at least 30 days’ notice, unless such changes are not within our control.
(d) By continuing to use the accounts and services you agree to our updated terms.
(e) If you don't agree to the changes, you should let us know and immediately close your accounts and stop using the services. You can do so without incurring any fees or charges.
20. Governing law, version and jurisdiction of any of our terms
(a) The English version prevails if there is any inconsistency between the English and Chinese versions of any of our terms.
(b) All our terms are governed by the laws of Hong Kong and we and you accept the non-exclusive jurisdiction of the courts having jurisdiction there.
(c) You waive any right you may have to immunity from legal proceedings, enforcement or other legal process in connection with the accounts, services or any of our terms.
21. Miscellaneous provisions
Assignment by us or by you
(a) We can transfer or otherwise deal with our rights under any of our terms or allow any interest in them to arise without your consent. You can’t do any of these things without our consent.
(b) All our terms are binding on you and your successors and personal representatives and shall not be affected or terminated by your death, bankruptcy or incapacity.
(c) A waiver by us of any provision of our terms will be effective only if given by us in writing and any such provision is waived only to the extent that is expressly stated in our written notice. No failure or delay by us in exercising any right, power or remedy will operate as a waiver of that right, power or remedy. Nor will any single or partial exercise preclude any other or further exercise of a right, power or remedy. Any right, power or remedy under our terms is intended to be cumulative and in addition to any other right, power or remedy we have in law.
(d) If any provision of our terms is or becomes illegal, invalid or unenforceable under any law or regulation, such illegality, invalidity or unenforceability does not affect any other provision which is valid and remains in full force and effect.
No third party rights
(e) A person who is not a party to our terms has no rights to enforce or enjoy the benefit of any of their provisions under the Contracts (Rights of Third Parties) Ordinance (Cap. 623 of the Laws of Hong Kong).
This is Version 2.0.0 and these terms were last updated on 14 August 2020.