Symphony Federation Service Terms and Conditions

  1. Global Scope and Acceptance

1.1. This Symphony Federation Service Terms and Conditions (“Agreement”) governs the access and use of the Symphony Federation Service that allows the company on whose behalf you are acting (the “Company”) to communicate with BNP Paribas, a bank incorporated in France and having its registered office at 16, boulevard des Italiens – 75009 Paris (France) (the “bank”, including its affiliates) through WhatsApp (the “Symphony Federation Service”).

1.2. You confirm that your use of the Symphony Federation Service for WhatsApp are subject to the terms and conditions set out in this Agreement

  1. Representations and Warranties

2.1. You, on behalf of yourself and your Company, represent and warrant to the bank (now and every time you contact the bank using WhatsApp):

2.1.1. You have obtained the appropriate consent and/or authorisation from your Company, and have all necessary Company and regulatory authorisations and capabilities to use the Symphony Federation Service for WhatsApp, and you (on behalf of yourself and your Company) have full power and authority to accept this Agreement;

2.1.2. This Agreement, and every order, instruction or other communication (“Communication”) that you send to the bank through WhatsApp via the Symphony Federation Service has been properly authorised by your Company;

2.1.3. Any Communication sent to the bank through WhatsApp via the Symphony Federation Service is authorised and can be taken to be true, complete, clear and accurate, and is immediately binding on your Company;

2.1.4. The bank has the right to assume that any Communication sent from your user account through WhatsApp via the Symphony Federation Service has been properly authorised and is true, and the bank has no obligation to verify the identity of any sender;

2.1.5. Whilst the bank may request confirmation of the Communication sent through WhatsApp via the Symphony Federation Service in another form (i.e. by telephone or otherwise), the bank reserves the right to rely solely on any such Communication; and

2.1.6. In the event there is any discrepancy between the bank’s records and your Company’s records, the bank’s records shall prevail.

2.2. You and on behalf of your Company undertake that if you no longer have the right to act on behalf of the Company you will cease use of the Symphony Federation Service immediately and notify the bank; prior to this type of Communication, the bank is authorised to treat you as an authorised user.

2.3. You and on behalf of your Company acknowledge and agree that any Communication, transactions or orders must be subject to a separate legal agreement signed with your Company and the bank.

  1. Use and Security

3.1. You understand and accept that the bank has sole discretion to refuse to take action based on any Communication without having to provide any reason for this.

3.2. You and on behalf of your Company fully accept, understand, and acknowledge that WhatsApp, like other electronic communication methods, may not always be available and may contain various security risks and/or vulnerabilities that may be brought to you and your Company due to the use of WhatsApp; such risks include but not limited to phishing, malware, leakage of sensitive and confidential information, account theft and counterfeiting, and other common vulnerabilities and risks that may appear from time to time (“Malware”). The bank is not liable for any Loss (as defined in clause 5.1) caused as a result of this.

3.3. You and on behalf of your Company assume full responsibility and risk of Losses (as defined in clause 5.1) resulting from its use and receipt of the Symphony Federation Service.

  1. Confidential Information

4.1. You and your Company shall strictly keep confidential all information (whether marked as confidential or not) that is confidential in nature (“Confidential Information”) that is received by you or your Company, related to this Agreement or any Communication transmitted through WhatsApp, unless otherwise agreed in writing by the bank or the information is already known to the public.

4.2. You and on behalf of your Company agree and acknowledge that the bank is a global organisation and may be required to disclose Confidential Information with another member of the BNP Paribas Group (“BNP Paribas Group” means the majority equity (“subsidiary”) of any company or other legal entity held directly or indirectly by BNP Paribas, and any branch of BNP Paribas or any Subsidiary). You and on behalf of your Company hereby provide express consent to such disclosure.

4.3. The bank is a regulated entity and may be required upon request by a regulator or pursuant to a court order to disclose such Confidential Information. You and on behalf of your Company hereby provide express consent to such disclosure.

  1. Liability

5.1. Use of WhatsApp via the Symphony Federation Service is at your own risk and the bank shall not liable for any loss, cost, damage, claim or expense (“Loss”) suffered or incurred by you or your Company as a result of such use (including any Loss arising as a result of any introduction of any Malware).

5.2. You will indemnify the bank for any Loss suffered or incurred by the bank in connection with your use of the Symphony Federation Service and/or your Communication via WhatsApp.

  1. Communication and Governing Law

6.1. The bank is not a data custodian for the Communications, therefore you should ensure that any Communication required for your own internal records is done so in accordance with your own internal retention policies.

6.2. You agree and on behalf of your Company that the bank may rely on the Communication in any dispute, and in the absence of manifest error the bank records of such Communication shall be deemed definitive. You or your company will not dispute the correctness, validity, accuracy, completeness, enforceability and authenticity of any such Communications

6.3. To the fullest extent permitted by law this Agreement is governed by English law and the parties submit to the exclusive jurisdiction of the English courts in relation to any dispute or difference between the parties arising out of or in connection with it, its interpretation or subject-matter.

6.4. If you have any questions, please contact your BNP Paribas account manager before using WhatsApp.