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Terms & Conditions - HSBC

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(g) Agrees that any foreign exchange rate or interest rate quoted by the Bank in response to a<br />

telephone instruction is for reference purposes only and shall not be binding on the Bank<br />

unless confirmed by the Bank for the purpose of a transaction. Such confirmed foreign<br />

exchange rate or interest rate, if accepted by the Customer through the PhoneBanking<br />

Service, shall be absolutely binding on the Customer notwithstanding that a different<br />

foreign exchange rate or interest rate might have been quoted by the Bank at the relevant<br />

time through other means of communication.<br />

(h)<br />

(i)<br />

(j)<br />

(k)<br />

(l)<br />

Agrees that the Bank shall not be liable to the Customer for any failure to carry out any<br />

telephone instruction where such failure is attributable, whether wholly or in part, to<br />

any cause beyond the Bank’s control including any act of God, government act or act<br />

of any governmental officer, war, floor, fire, disruption or failure in any communication<br />

facilities, telecommunication breakdown, equipment malfunction or failure, loss of<br />

power, explosion, accident, civil commotion, industrial dispute or any other kind of force<br />

majeure and under no circumstances shall the Bank be responsible to the Customer for<br />

any indirect or consequential losses arising out of or in connection with the carrying out<br />

or failure to carry out a telephone instruction.<br />

Undertakes to keep the Bank indemnified at all times against, and to hold the Bank<br />

harmless with respect to, all actions, proceedings claims, losses, damages, costs and<br />

expenses which may be through against the Bank or suffered or incurred by the Bank<br />

and which shall have arisen either directly or indirectly out of or in connection with the<br />

Bank accepting telephone instructions and failing to act thereon unless such losses<br />

or claims arise directly out of the wilful default of the Bank and such indemnity shall<br />

continue notwithstanding that the Customer may have ceased to use the PhoneBanking<br />

Service or the Bank has ceased to offer the same.<br />

Agrees that, with respect to joint accounts, telephone instructions given through the use<br />

of the PhoneBanking Service will be binding upon the Customer when given by any one<br />

of the joint Customers and the Bank shall be entitled to rely on the same as if each of the<br />

joint Customers had expressly authorised such telephone instruction.<br />

Understands and agrees that the Customer’s rights to give telephone instructions<br />

pursuant to the <strong>Terms</strong> and <strong>Conditions</strong> herein shall at all times be subject to the discretion<br />

of the Bank and that the Bank may at any time revoke such right without prior notice and/<br />

or cancel the PIN at any time as the Bank deems appropriate for whatever reason without<br />

prior notice.<br />

Acknowledges that the Customer shall, in addition, be bound by the Account mandate<br />

and the Master Account <strong>Terms</strong> and <strong>Conditions</strong> governing the types of Accounts in<br />

connection with the PhoneBanking Service and in case of conflict between the said<br />

account mandate and/or Master Account <strong>Terms</strong> and <strong>Conditions</strong> and these <strong>Terms</strong><br />

and <strong>Conditions</strong>, the latter shall prevail with respect to transactions conducted by the<br />

telephone using the PhoneBanking Services.<br />

(m) Agrees that the Bank shall keep a system-generated record of all transactions conducted<br />

by the Customer using the PhoneBanking Service and that transaction and/or associated<br />

charges (if any) will also be recorded on statements of Account, which will be sent to the<br />

Customer at monthly intervals pursuant to the Master Account <strong>Terms</strong> and <strong>Conditions</strong><br />

unless otherwise requested.<br />

(n)<br />

Agrees to examine each Consolidated Statement of Account received from the Bank<br />

to determine if there are any errors, discrepancies or unauthorised entries (which were<br />

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