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Terms & Conditions - HSBC

Terms & Conditions - HSBC

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sole responsibility to seek appropriate verification of any information used, and to seek<br />

independent professional advice on the financial, legal and tax implications of the Customer’s<br />

decisions.<br />

b. If there is any inconsistency between the Bank’s internal records, and information relating to<br />

the Account(s) or a Customer’s use of the Services provided, the Bank’s internal records will<br />

prevail in the absence of evidence to the contrary.<br />

8. Exclusion of warranties and limitation of <strong>HSBC</strong>’s liability<br />

a. Subject to Clause 10, and to the maximum extent permitted by applicable law:<br />

(i)<br />

The Bank, the <strong>HSBC</strong> Group and the Information Provider(s) gives no warranties or conditions<br />

(whether express, implied, statutory or otherwise) in relation to the Services, and exclude all<br />

implied warranties and conditions including any warranties and conditions of merchantability,<br />

fitness for a particular purpose, good title and no-infringement; and<br />

(ii) In no event will the Bank, the <strong>HSBC</strong> Group or any Information Providers be liable to<br />

Customers for any incidental, consequential, indirect damages (including loss of profits and<br />

business interruption), or special or exemplary damages.<br />

b. Due to the nature of the Services, the Bank will not be responsible for any loss of or damage<br />

to Customer data, software, computer, telecommunications or other equipment caused by<br />

the Customer using the services unless such loss or damage is directly and solely caused by<br />

the Bank’s negligence or deliberate default.<br />

9. The Customer liability for unauthorised transactions<br />

a. Unless a Customer has acted fraudulently or with gross negligence, they will not be<br />

responsible for any direct loss suffered as a result of unauthorised transactions arising from<br />

or in connection with the use of the Services.<br />

b. If a Customer allows any person use any one or more of the following:<br />

(i)<br />

The Customer Username/Internet Banking ID,<br />

(ii) Password,<br />

(iii) Password Reset Questions,<br />

(iv) Security Device and/or<br />

(v) The Customer Security Code; the Customer shall be liable for all claims, losses and<br />

consequences arising from or in connection with all transactions made using the services by<br />

or with the consent of that person.<br />

c. If a Customer has contributed to an unauthorised transaction, they may be liable for some<br />

or all of the loss resulting from the unauthorised transaction. These include, but are not<br />

limited to, failing to take reasonable steps to observe any of the security duties referred to<br />

in these <strong>Terms</strong> and <strong>Conditions</strong>, any unreasonable delay in notifying the Bank of an actual or<br />

possible disclosure to any other person of the Customer’s Username/Internet Banking ID, or<br />

Password or Password Reset Questions or Security Code and/or unauthorised use, control<br />

or loss of the Customer Security Device.<br />

d. If the Customer has reported as soon as reasonably possible an actual or possible disclosure<br />

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