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Terms & Conditions - HSBC

Terms & Conditions - HSBC

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(o)<br />

(p)<br />

(q)<br />

(r)<br />

(s)<br />

made after the Customer notified the Bank in writing that the PIN had or may have<br />

become known to any unauthorised person pursuant to sub-clause 4(d) above) associated<br />

with transactions conducted by telephone using the PhoneBanking Service and to notify<br />

the Bank in writing of the same within 45 days from the transaction date which appears<br />

in the underlying Statement of Account.<br />

Agrees that the Customer will be deemed to have waived any rights to raise objections<br />

or pursue any remedies against the Bank with respect to the Consolidated Statement of<br />

Account unless he/she notifies the Bank within 45 days from the transaction date which<br />

appears in the underlying Consolidated Statement of Account and that such record shall<br />

thereafter be conclusive and binding on the Customer.<br />

Agrees that system-generated report referred to in sub-clause 4(m) above shall be<br />

accepted as conclusive evidence of all transactions carried out by the Customer using the<br />

PhoneBanking Service in the case of any dispute which the Customer reports to the Bank<br />

in writing 45 days from the transaction date which appears in the underlying Consolidated<br />

Statement of Account.<br />

Acknowledges that the system-generated report referred to in sub-clause 4(m) above shall<br />

be kept by the Bank for no longer than six months and that thereafter the Consolidated<br />

Statement of Account shall be used as conclusive evidence of the transactions recorded<br />

therein.<br />

Acknowledges that the Bank shall not be liable for any damages incurred by the Bank<br />

acting in compliance with any telephone instruction given together with the PIN through<br />

the use of the PhoneBanking Service unless such loss or damage is directly caused by<br />

gross negligence of the Bank or its employees and agents acting within the scope of their<br />

authority; and<br />

Agrees that once he/she has given an instruction by telephone together with the PIN<br />

using the PhoneBanking Service it cannot be cancelled.<br />

4. The Bank has the right to impose such service fees and/or other from time to time as the<br />

Bank deems fit and the Customer hereby authorises the Bank to debit the Customer’s<br />

Account in an amount equal to such fees and charges when due provided that prior notice<br />

of such fees and charges has been given to the Customer.<br />

5. If there is more than one Customer with respect to a particular Account then under the<br />

provision herein:<br />

(i)<br />

The liabilities and obligations of each of them shall be join, and each several.<br />

(ii) References to the Customer shall be construed, as the context requires, to any or each of<br />

them.<br />

(iii) Each of them shall be bound even through any other Customer or any person intended to<br />

be bound hereby in not, and<br />

(iv) The Bank shall be entitled to deal separately with a Customer on any matter, including the<br />

discharge of any liability to any extent, without effecting the liability of any other Customer.<br />

6. The Bank may, in its sole discretion, but shall have no obligation to, require the Customer<br />

to confirm any telephone instructions given to the Bank using the PhoneBanking Service<br />

in writing, signed by the Customer, prior to acting on such telephone instructions.<br />

Notwithstanding any provision herein and in particular sub-clause 4(d), the Bank reserves<br />

51

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