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Terms & Conditions - HSBC

Terms & Conditions - HSBC

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of the Customer Username/Internet Banking ID, or Password or Password Reset Questions<br />

or Security Code and/or unauthorised use, control or loss of the Customer Security Device to<br />

us, the Customer will not be liable for loss occurring thereafter unless acting fraudulently or<br />

negligently.<br />

e. Customers are not liable for loss caused by:<br />

(i)<br />

Fraudulent or negligent conduct by the Bank’s employees or agents, or parties (including the<br />

<strong>HSBC</strong> Group and any relevant Information Provider) involved in the provision of the Services.<br />

(ii) Faults that occur in the Bank’s systems, including the systems used to provide the Services,<br />

unless the faults are obvious or advised by a notice or message.<br />

(iii) Unauthorised transactions occurring before the Customer has established a Username/<br />

Internet Banking ID, and Password.<br />

(iv) Loss or misplacement of funds caused by unauthorised transactions conducted through the<br />

use of the Service as a result of a computer crime which should have been prevented by the<br />

risks control and management measures adopted by the Bank.<br />

(v) Any other transactions where it is reasonably clear that the Customer could not have<br />

contributed to the loss.<br />

f. Where the Bank knows or suspects a breach of security or other suspicious circumstances<br />

with respect to, or in connection with the operation with one or more of the Customer’s<br />

Accounts or the Service generally, the Bank may, at its absolute discretion and without any<br />

liability, refuse to act on, or delay acting on the instruction and in that event, the Bank will, in<br />

the extent possible, inform the Customer as soon as possible.<br />

10. Security device<br />

The Bank will make all reasonable efforts to ensure that the Security Device provided to the<br />

Customer will perform as necessary to permit access to the Service as and when required.<br />

The Customer must notify the Bank immediately if any Security Device fails to function<br />

correctly and the only obligations that the Bank has with respect to the Security Device is<br />

to replace the same with a new Security Device for a fee which the Bank shall determine<br />

the rate at our discretion from time to time (not exceeding VND 200,000) except under the<br />

following conditions:<br />

a. Upon the defective Security Device being returned to us; and<br />

b. If the Bank is satisfied that there is no default or negligence on the Customer’s part<br />

which results in or contributes to the Security Device’s failure to function correctly.<br />

Other than as specified in this Clause 11(a), the Bank shall have no other liability in<br />

relation to this Security Device including, without limitation, liability for breach of any<br />

implied term as to satisfactory quality, merchantability or fitness for purpose of any<br />

Security Device. In addition, the Bank cannot be held liable for any loss or damages<br />

incurred or suffered by the Customer arising from the Customer failure to safe-keep and/<br />

or use the Security Device in accordance with our instructions and recommendations.<br />

11. Secured Email<br />

a. Customers may send the Bank secured messages through the Service through the<br />

Mailbox function.<br />

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