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Terms and Conditions for HSBC Internet Banking

 

IMPORTANT! Before you use the Services, please read these Terms and Conditions carefully. By registering to use the Services, you will be considered to have accepted these Terms and Conditions and will be bound by them.

The terms used in these Terms and Conditions are defined at the end. The rules for interpreting the provisions of these Terms and Conditions are also set out at the end.

 

1 Internet banking services

(a) We may offer the Services through an Internet Site on such terms and conditions as we may specify from time to time. We have the right to do the following (or any of them) from time to time without prior notice:

(i) introduce new Services, or vary, suspend or withdraw any existing Services;

(ii) specify or vary the scope and extent of the Services and their features, including:

(1) prescribing the types of transactions and dealings which you may conduct using the Services;

(2) setting or varying limits relating to use of the Services including daily transaction limits; and

(3) reducing (to zero or any other amount) or re-setting any limit relating to use of the Services if you have not used the relevant Services for at least a period of time set by us from time to time. We may reduce or re-set any limit whether it was set by you or by us, including any transfer or transaction limit; and

(iii) set or vary business days, service hours and the daily cut-off time for any Services for different markets in different time zones.

(b) We will treat any instruction received after the applicable daily cut-off time on a Business Day as having been received on the next Business Day.

(c) The Services enable you to give instructions to us and conduct transactions and dealings online. As part of the Services, we may make available to you Information and Reports in any form through an Internet Site.

(d) We may require you to nominate or register specific account(s) maintained with us for the purposes of the Services.

2 Governing terms

(a) Our provision of the Services, your use of the Services and the transactions and dealings conducted by you using the Services are governed by:

(i) these Terms and Conditions;

(ii) other terms and conditions applicable to the Services, including the Privacy and Security Policy, Terms of Use and Hyperlink Policy currently published on the Internet Site; and

(iii) other terms and conditions governing the accounts, transactions, dealings, services, products, information, goods, benefits or privileges covered by the Services from time to time.

(b) These Terms and Conditions prevail over the other terms and conditions referred to in Clause 2(a)(iii) if there is any inconsistency between them concerning the Services.

3 Use of the Services

(a) To access the Services for the first time, you are required to:

(i) register online or in such other manner as we may specify from time to time;

(ii) indicate your acceptance of all the terms and conditions governing the Services; and

(iii) provide complete, accurate and up-to-date information as we may reasonably specify for identifying you.

(b) The Services are provided for your sole and exclusive use. You should not permit any other person to use the Services (including any Information or Report).

(c) You should not use or knowingly permit any other person to use the Services (including any Information or Report) for any illegal purpose or activity. You should notify us as soon as reasonably practicable if you become aware of such use.

(d) Any exchange rate, interest rate, dealing rate or other price or information quoted by us on the Internet Site or in response to an online inquiry is for reference only, unless the rate is confirmed by us for a transaction. A rate, price or information confirmed by us and accepted by you for a transaction through the Services will be binding on you, even if we may have quoted a different rate, price or information previously by any means.

(e) You understand that there may be a time lag in transmitting instructions, information or communication via the internet.

(f) You understand that the Services involve no solicitation of the sale or recommendation of, or advice on, any product from us. All transactions that you enter into through the Services are conducted on an execution-only basis and based on your own judgment. We do not have any duty to assess or ensure suitability of the products or the transactions that you enter into.

(g) Any solicitation or recommendation or suitability assessment we may have made to or for you in the past in relation to any product through channels outside the Services is valid only as at the time it was made, and we cannot ensure on-going suitability of such product. If the circumstances relating to you, such product or its issuer or market conditions change, the product may no longer be suitable for you. Execution through the Services does not allow us to confirm the validity of any such prior solicitation, recommendation or suitability assessment.

(h) If you wish to receive a solicitation or recommendation from us, you should contact us and, where relevant, we will conduct a suitability assessment before transacting.

4 Username and other security measures

(a) You should follow the online guidance provided by us from time to time and designate your user identification code ("Username"), password ("Password") and other credentials ("Credentials") to enable us to identify you for the purposes of the Services. We may require you to designate one or more Usernames, Passwords or Credentials (or any combination of them).

(b) You may change your Password or Username at any time but any change will take effect only after we have accepted it.

(c) We may require you to use a one-time password generated by a Security Device ("Security Code") to access the Services. In that case, you should apply to us for a Security Device and if the Security Device issued to you is lost or fails to function, you should apply for a replacement Security Device.

(d) You should act in good faith, exercise reasonable care and diligence to keep all Identifiers and the Security Device secret and secured. You should not disclose any Identifier to any other person or permit any other person to use or control the Security Device.

(e) You are fully responsible for any accidental or unauthorised disclosure of any Identifier to any other person. You bear the risks of any unauthorised use of the Identifiers and the Security Device (or any of them).

(f) You should notify us as soon as reasonably practicable if you become aware of or suspect the following (or any of them):

(i) any loss, theft, disclosure or unauthorised use of any Identifier,

(ii) any loss, theft or unauthorised use or control of the Security Device; and

(iii) any unauthorised use of the Services.

You should notify us in person or by telephone at such telephone number(s) as we may specify from time to time. We may ask you to confirm any notification in writing. You remain responsible for any use of the Services by any unauthorised person or for any unauthorised purpose that occurs before we actually receive your notification.

5 Your instructions

(a) You are required to quote one or more Identifiers as we may specify in order to log-on to the Services and give instructions to us or communicate with us online. We are not considered as having received your instructions or communications unless they are given in such manner as we may specify from time to time and after we have actually received them.

(b) You cannot cancel or withdraw an instruction given in relation to the Services without consent from us or any applicable member of the HSBC Group.

(c) We may act on an instruction if we reasonably believe that it is given or authorised by you without being liable in any circumstance. You will be bound by that instruction as understood and executed by us or any applicable member of the HSBC Group in good faith even if (i) it is incorrect, false or unclear, or (ii) it was not given or authorised by you. We and members of the HSBC Group have no obligation to verify the identity of the person giving an instruction apart from verifying the Identifiers quoted.

(d) We are entitled to act according to our regular business practice and procedure and will only accept instructions insofar as it is (in our reasonable opinion) practicable and reasonable to do so.

(e) We have the right to delay acting or refuse to act on an instruction if we are aware of or suspect a breach of security or other suspicious circumstances relating to your accounts or the Services. We are not liable for any delay or refusal to act in these circumstances. We will inform you of any delay or refusal if it is reasonably practicable to do so.

(f) We will provide an advice or confirmation online after a transaction or an instruction has been effected through the Services. You are responsible to check such advice or confirmation. You are considered as having received such advice or confirmation immediately after we transmit it. You should enquire with us if you have not received an advice or confirmation within the time you usually receive an advice or confirmation.

(g) Information relating to any account or transaction made available by us on the Internet Site is for reference only. Our records of such account and transaction are conclusive unless the contrary is established.

6 Fees

(a) We have the right to charge or vary the fees relating to the use or termination of the Services (including the fee for a Security Device). We will give you prior notice of new fees or any variation of fees. You are required to pay such fees if we do not receive notice from you to terminate the Services with effect before the date on which the new fees or revised fees take effect.

(b) We may collect fees from you in such manner and at such intervals as we may specify.

7 Your confirmation and responsibilities

(a) You should provide such information as we may reasonably request from time to time for the purposes of providing the Services. By registering to use the Services, you confirm that all information provided to us at that time is complete, accurate and up-to-date. You should also ensure that all the information provided to us from time to time remains complete, accurate and up-to-date and notify us of any change in the information as soon as reasonably practicable.

(b) You should not do or attempt to do the following (or any of them):

(i) decompile, reverse-engineer, translate, convert, adapt, alter, modify, enhance, add to, delete or in any way tamper with the Services (or any part of the Services) or any Internet Site or any software comprised in them; and

(ii) gain access to the Services (or any part of the Services) or any Internet Site or any software comprised in them in any manner other than that specified by us.

(c) You are responsible for the following:

(i) determining independently the market prices and rates for trading purpose through your usual trading channels;

(ii) verifying any Information or Report before relying or acting on it;

(iii) obtaining independent professional advice on legal, tax and other issues which may affect you under the Applicable Regulations in connection with your use of the Services, any transactions or dealings conducted by you, or these Terms and Conditions.

(d) By entering into any transaction through the Services, you confirm that the information you provide to us (including your financial situation, investment experience and investment objectives) is complete, accurate and up-to-date and that we will rely on your confirmation.

(e) Before you enter into a transaction to buy and/or sell a product through the Services, you should:

(i) consider your own circumstances and understand the product features, terms and risks, and you should contact us if you have any questions on the product;

(ii) note that we have no ongoing responsibility to ensure that a product we have solicited the sale of or recommended to you remains suitable for you;

(iii) note that if circumstances relating to you, such product, such product's issuer or general market conditions change, such product may no longer be suitable for you; and

(iv) note that we do not provide legal, tax or accounting advice on your investments, and you should therefore consider obtaining independent professional advice (including legal, tax and accounting advice) about your investments where necessary.

8 Information and Information Providers

(a) You understand and agree that the Information and Reports and their form, format, mode or method of compilation, selection, configuration, presentation and expression (collectively "Confidential Information") are trade secrets and proprietary property belonging to us and the Information Providers respectively.

(b) Unless expressly permitted by these Terms and Conditions, you should not do or attempt to do the following (or any of them):

(i) sell, transfer, disclose, assign, convey, lease, sub-license, share, loan, distribute, transmit, broadcast, cablecast, circulate, download, reproduce, duplicate, provide or disseminate any Confidential Information in any form or by any means to any other person, or use any Confidential Information for commercial or any other purpose not expressly permitted by these Terms and Conditions;

(ii) remove, obliterate, erase, relocate, modify or hide in any way any proprietary marking on or appearing with any Confidential Information, including any trademark or copyright notice; and

(iii) incorporate or combine any Confidential Information with any other program or information.

(c) The restrictions on disclosure of Confidential Information do not apply where:

(i) the disclosure is compelled by Applicable Regulations but only to the extent required by Applicable Regulations. You should only disclose the relevant Confidential Information after you have given us written notice of the requirement to disclose; or

(ii) we have agreed in writing to the disclosure.

(d) You agree that all right, title and interest in and relating to the Confidential Information (including all copyright, patent, trademark, service mark, proprietary property, trade secrets and exclusive works) are and remain the exclusive property belonging to us and the Information Providers respectively.

(e) No right, title or interest is conveyed or transferred to you other than the right to access the Information and Reports subject to these Terms and Conditions. You should not make any representation or do anything which may be taken to indicate that you have any other right, title or interest.

(f) An Information Provider may impose terms and conditions from time to time relating to the availability of any Information supplied by it. Subject to giving you prior notification of such terms and conditions and their effective date, you will be considered to have accepted and will be bound by the terms and conditions if you access such Information on or after that effective date.

(g) The Information will be made available as it is supplied to us. The Information will identify the Information Provider supplying the Information. We do not endorse or express any comment on any Information supplied by any Information Provider and we do not have any duty to check or verify any Information.

(h) The Information and Reports are made available for reference only. They are not intended for trading or other purposes. Making available any Information or Report to you shall not, by itself, constitute solicitation of the sale or recommendation of any product. Neither we nor any Information Provider is your investment adviser and you should not consider us or any Information Provider as your investment adviser.

(i) Neither we nor any Information Provider confirm or guarantee, whether expressly or implicitly, the sequence, accuracy, truth, reliability, adequacy, timeliness or completeness of any Information or Report or that it is fit for any purpose. We and the Information Providers do not authorise our respective employees and agents to give any confirmation or guarantee relating to any Information or Report. Neither we nor any Information Provider assume any liability (whether in tort or contract or any other liability) for any Information or Report made available to you or any other person.

9 Our liability

(a) We will take reasonably practicable steps to do the following:

(i) ensure that our systems relating to the Services are installed with adequate security designs;

(ii) control and manage the risks in operating our systems relating to the Services, taking into account any Applicable Regulations and prevailing market practices; and

(iii) ensure that the Security Device issued to you functions to enable you to access the Services.

(b) You must notify us as soon as reasonably practicable if the Security Device issued to you fails to function. We will replace your Security Device for free if:

(i) the defective Security Device is returned to us within 90 days of its date of issue; and

(ii) we are satisfied that there is no default or negligence on your part which causes or contributes to the Security Device's failure to function.

(c) Except as set out in Clauses 9(a)(iii) and 9(b) above, we are not liable for the Security Device, including not liable for breach of any implied term as to satisfactory quality, merchantability or fitness for purpose of the Security Device. We are also not liable for your failure to safe-keep or use the Security Device according to our guidance and recommendations.

(d) None of us, any member of the HSBC Group or any Information Provider confirm or guarantee that the Services, Information and Reports are free of virus or other destructive features which may adversely affect your hardware, software or equipment.

(e) Except as set out in Clause 9(f) below, neither we nor any member of the HSBC Group are liable for loss, damage or expense of any kind which you or any other person may incur or suffer arising from or in connection with the following (or any of them):

(i) use of the Services (including use of the Security Device);

(ii) access to any Information or Report or any other information, whether or not authorised by you; and

(iii) transmission or storage of any information and data relating to you, the Services or transactions or dealings conducted by you using the Services in any system, equipment or instrument of any communication network provider.

(f) If it is proved in a case set out in Clause 9(e) above that there was gross negligence or wilful default by (i) us; (ii) any member of the HSBC Group; (iii) any agent of (i) or (ii); or (iv) any officer or employee of (i), (ii) or (iii), then we will be liable for the lower of:

(A) any loss and damage you incur or suffer that is direct and reasonably foreseeable arising directly and solely from such gross negligence or wilful default; and

(B) the amount of the relevant transaction or dealing.

(g) Neither we nor any member of the HSBC Group is liable for any interruption, interception, suspension, delay, loss, unavailability, mutilation or other failure in providing the Services (including generating the Security Code using the Security Device), or in transmitting instructions or information relating to the Services, or in connecting with the Internet Site which is caused by (i) any circumstance beyond our reasonable control or (ii) any Applicable Regulations.

(h) In no circumstances will (i) we; (ii) any member of the HSBC Group; (iii) any Information Provider; (iv) the respective agents of (i), (ii) and (iii); or (v) the respective officers and employees of (i), (ii), (iii) and (iv) be responsible to you or any other person for any loss of profit or interest, indirect or consequential loss arising from or in connection with our providing the Services, or failure or delay in providing the Services.

10 Your liability and indemnity

(a) Except as set out in Clause 9(f) or 10(b), you are fully liable and responsible for all consequences arising from or in connection with the following (or any of them):

(i) use of the Services (including the use of the Security Device); and

(ii) access to any Information or Report or any other information through use of the Services by you or any other person whether or not authorised by you.

(b) Subject to Clause 4(f) above and if, in our reasonable opinion, there is no negligence, fraud or fault on your part, then you are not liable for loss or misplacement of funds caused by unauthorised transactions conducted through the use of the Services as a result of:

(i) a computer crime which should have been prevented by the risk control and management measures had we adopted such measures according to Clause 9(a) above;

(ii) a human or system error on our part; or

(iii) a missed or mis-directed payment caused by gross negligence or wilful default of (1) ours; (2) any of our agent; or (3) any officer or employee of (1) or (2).

(c) Except as set out in Clause 10(d) below, you will indemnify and reimburse (i) us; (ii) any member of the HSBC Group; (iii) any Information Provider; (iv) the respective agents of (i), (ii) and (iii); and (v) the respective officers and employees of (i), (ii), (iii) and (iv) for all actions, proceedings and claims which may be brought by or against us or them, and for all losses, damages and reasonable costs and expenses which we or they may incur or suffer as a result of or in connection with the following (or any of them):

(A) your use of the Services, Information or Reports or our providing the Services, Information or Reports to you; and

(B) the preservation or enforcement of our rights or exercise of our powers under these Terms and Conditions.

(d) If it is proved that any actions, proceedings, claims, losses, damages or amounts set out in Clause 10(c) above was caused by gross negligence or wilful default of (i) ours; (ii) any member of the HSBC Group; (iii) any Information Provider; (iv) any agent of (i), (ii) or (iii); or (v) any officer or employee of (i), (ii), (iii) or (iv), then you are not liable under Clause 10(c) to the extent that it is direct and reasonably foreseeable arising directly and solely from such gross negligence or wilful default.

11 Termination

(a) We may suspend or terminate all or any of the Services at any time without giving you notice or reason.

(b) You may terminate the use of the Services at any time by giving us prior written notice.

(c) Even after suspension or termination of the Services, you remain responsible for performing and discharging your obligations and liabilities created or accrued before suspension or termination. Clauses 4, 7, 8, 9, 10 and 11 of these Terms and Conditions shall continue to apply even after suspension or termination of the Services by us or by you.

12 Variation

We have the right to vary these Terms and Conditions from time to time. We will give you prior notice in a manner we consider appropriate, including posting on the Internet Site or displaying at our premises. You will be bound by a variation if we do not receive notice from you to terminate the Services with effect before the date on which that variation takes effect.

13 Communication

(a) We are entitled to set the form of notice and mode of communication with respect to each type of notice to be given under these Terms and Conditions.

(b) Unless we specify otherwise, you will be considered as having received any notice given by us:

(i) at the time of personal delivery or leaving it at the address last notified in writing by you (if delivered personally);

(ii) 48 hours after we have posted it to the above address if that address is in Hong Kong or seven days after posting if that address is outside Hong Kong (if sent by post);

(iii) immediately after we have sent it to the fax or telex number or email address last notified in writing by you (if sent by fax, telex or email); or

(iv) immediately after we have made it available in the Personal internet Banking profile maintained by you with us (if made available there).

(c) Communications sent by you to us will be considered as having been received by us on the day of actual receipt.

14 Partial invalidity

If any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable under any Applicable Regulation, such illegality, invalidity or unenforceability does not affect any other provision which remains in full force, validity and effect.

15 Waiver

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 these Terms and Conditions is intended to be cumulative and in addition to any other right, power or remedy we have in law.

16 Joint accounts

Where the account in question is a joint account:

(a) the reference in these Terms and Conditions to you shall mean each joint account holder;

(b) each joint account holder will be bound by these Terms and Conditions; and

(c) all joint account holders are jointly and severally liable with one another for the transactions and dealings conducted by any of them using the Services.

17 Third party rights

No person other than you and us will have any right under the Contracts (Rights of Third Parties) Ordinance to enforce or enjoy the benefit of any of the provisions of these Terms and Conditions.

18 Governing law, jurisdiction and version

(a) These Terms and Conditions are governed by and will be construed according to Hong Kong laws.

(b) You submit to the non-exclusive jurisdiction of the Hong Kong courts but these Terms and Conditions may be enforced in the Courts of any competent jurisdiction.

(c) The English version of these Terms and Conditions prevails to the extent of any inconsistency between the English and the Chinese versions. Any Chinese version of these Terms and Conditions is for reference only.

 

Interpretation and Definitions 

 

Interpretation

(a) Unless the context requires otherwise, in these Terms and Conditions, a singular expression includes the plural and vice versa.

(b) Headings in these Terms and Conditions are for ease of reference only and do not affect the interpretation of these Terms and Conditions.

Definitions

Applicable Regulation means any law, regulation or court order, or any rule, direction, guideline, code, notice or restriction (whether or not having the force of law) issued by any Authority or industry or self-regulatory body, whether in or outside Hong Kong, to which we or you are subject or with which we or you are expected to comply from time to time.

Authority means any regulatory authority, governmental agency (including tax authority), clearing or settlement bank or exchange.

Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general business in Hong Kong.

Confidential Information is defined in Clause 8(a).

Credentials is defined in Clause 4(a).

Hong Kong means the Hong Kong Special Administrative Region of the People's Republic of China.

HSBC Group means HSBC Bank plc, its affiliates, subsidiaries, associated entities and any of their branches and officers (together or individually), and member of the HSBC Group has the same meaning.

Identifier means each Username, Password, Credential or Security Code.

Information means any financial, market or other information or data supplied by any person to us from time to time.

Information Provider means each person who supplies Information to us, including any person who supplies any Information to an Information Provider.

Internet Site means any internet site established, operated or maintained by us or for us.

Password is defined in Clause 4(a).

Person includes an individual, sole proprietorship, partnership, firm, company, corporation or unincorporated body of persons.

Report means any report compiled by us from Information.

Security Code is defined in Clause 4(c).

Security Device means an electronic device for generating Security Codes.

Services mean online services and facilities to enable you to give instructions to us or communicate with us for (i) operating accounts, (ii) conducting banking, investment, financial and other transactions and dealings of various nature and (iii) obtaining services, products, information, goods, benefits and privileges offered by us or other members of the HSBC Group (or any of the above).

Username is defined in Clause 4(a).

we, us, our means The Hongkong and Shanghai Banking Corporation Limited and its successors and assigns.

you or your means the person to whom we provide the Services and, where the context permits, includes each of your personal representatives and lawful successors.

 

Effective from 8th June 2017