Terms & Conditions - HSBC

Terms & Conditions - HSBC Terms & Conditions - HSBC

13.01.2014 Views

the absolute right (but shall have no obligation) not to effect or act upon any telephone instruction with is deems in its sole discretion to be unclear, contradictory or deems to have been given by an unauthorised person and shall not be liable to the Customer for the exercise of such discretion. 7. The Bank reserves the right to add, delete or vary the scope of the PhoneBanking Service and/or any of the Terms and Conditions on which such PhoneBanking Service is offered from time to time as the Bank in its absolute discretion thinks fit. The Bank shall give notice of such amendment to the Customer and use by the Customer of the PhoneBanking Service after the date upon which any change to the Terms and Conditions is to have effect (as specified in the Bank’s notice) will constitute acceptance without reservation by the Customer of such change and such change will be deemed an integral part of these Terms and Conditions. If the Customer does not accept any proposed change, the Customer is free to cancel the PhoneBanking Service by notifying the Bank in accordance with Clause 11 below. 8. Any notice given by the Bank hereunder will be deemed to have been received by the Customer within five days of posting to the Customer’s address last notified in writing to the Bank. If there is more than one Customer, such notice shall be binding upon each Customer upon the Bank serving notice to any of them. Publication of any changes by such means as the Bank may consider appropriate will also constitute effective notice to the ustomer of such changes. 9. The Customer hereby authorises the Bank to hold and disclose information from time to time about the Customer, the Account(s) and the use of the PhoneBanking Service to the competent state bodies as the Bank in its discretion deems necessary or is required to do so under the law. 10. The Customer acknowledges that if he/she wishes to cancel the use of the PIN allocated to him/her by the Bank or any services offered through the PhoneBanking Service, the Customer must notify the Bank of such cancellation in writing. 11. The Customer understands that the PhoneBanking Service will be terminated under the following conditions: - Pursuant to Clause 11 above, the Customer informs the Bank in writing of his/her wish to terminate the PhoneBanking Service; - When the Customer’s Account(s) with the Bank are closed; - When the Bank ceases to provide the PhoneBanking Services at its discretion or as required by law. 12. The Bank reserves the right to not follow any instruction at its discretion if it believes the transaction is prohibited under the laws of the Socialist Republic of Vietnam or any applicable country or territory, and shall not be liable to the Customer for the exercise of this discretion. 13. The Customer will defend and indemnify the Bank against any all liabilities, costs and losses whatsoever and howsoever and wherever arising in connection with the provision by the Bank of the PhoneBanking Service to the Customer. The Bank may debit the Account(s) of the Customer with any such liabilities, costs and losses. 14. The Customer waives any claim against the Bank arising out of the compliance by the 52

Customer with requirements of the Bank under these Terms and Conditions or any agreement, letter or document referred to in these Terms and Conditions. 15. The Customer further waives any claim against the Bank for any action taken by the Bank under these Terms and Conditions or any document or matter contemplated by them. 16. These Terms and Conditions are made in English and Vietnamese and both shall have equal validity. 17. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Socialist Republic of Vietnam. In the event of a dispute, the Customer and the Bank agree that the dispute shall be submitted to a competent court in Vietnam for resolution. To the extent the laws of Vietnam make no provision for the matter in question, these Terms and Conditions shall be governed by the laws of Hong Kong. Section IX Overseas HSBC Premier Services 1. The Features that the Customer can enjoy under HSBC Premier may include Accounts, Services, rewards, benefits, privileges and the likes offered not only by the Bank but also by other members of the HSBC Group in and outside Vietnam, which may or may not be banking-related and which may be provided directly by the Bank and such other members of the HSBC Group or third parties designated by them, as the Bank and/or such members shall determine from time to time. Features, as defined in Appendix of these Terms and Conditions, shall for all purposes include these Accounts, Services, rewards, benefits, privileges and the likes offered by such other members of the HSBC Group. 2. To facilitate the bank and other members of the HSBC Group in considering whether or not the Customer is entitled to enjoy certain Features offered by them under HSBC Premier and to enable the Bank and these members of the HSBC Group in providing such Features to the Customer where the Customer is eligible to enjoy these Features, the Customer fully authorises the Bank and these HSBC members to share all information relating to the Customer and his accounts, including, without limitation, Personal Data and credit history. The Customer further authorises the Bank, and all members of the HSBC Group to use, store, process, disclose and transfer (whether within or outside the jurisdiction concerned and whether within or outside the HSBC Group) all information relating to the Customer as they shall consider necessary in connection with their provision of these Features, including, without limitation, information relating to the Debts (below defined). 3. The Features offered to the Customer by other members of the HSBC Group are at all times subject to the Customer being allocated with and retaining the Tier of HSBC Premier with the Bank (or another member of the HSBC Group, if applicable) unless the Bank or another member of the HSBC Group shall determine otherwise. Each of these Features may also be subject to certain Terms and Conditions stipulated by the Bank and/or the relevant member(s) of the HSBC Group and the Customer agrees to be bound by the same. 4. Where a Feature offered by a member of the HSBC Group other than the Bank (“HSBC Member”) includes the offering of any banking or credit facilities, the Customer agrees to and authorises the following in the event that the Customer defaults in his obligations to repay such banking or credit facilities upon their becoming due and payable (“Debts”). 53

the absolute right (but shall have no obligation) not to effect or act upon any telephone<br />

instruction with is deems in its sole discretion to be unclear, contradictory or deems to<br />

have been given by an unauthorised person and shall not be liable to the Customer for<br />

the exercise of such discretion.<br />

7. The Bank reserves the right to add, delete or vary the scope of the PhoneBanking Service<br />

and/or any of the <strong>Terms</strong> and <strong>Conditions</strong> on which such PhoneBanking Service is offered<br />

from time to time as the Bank in its absolute discretion thinks fit. The Bank shall give notice<br />

of such amendment to the Customer and use by the Customer of the PhoneBanking<br />

Service after the date upon which any change to the <strong>Terms</strong> and <strong>Conditions</strong> is to have<br />

effect (as specified in the Bank’s notice) will constitute acceptance without reservation<br />

by the Customer of such change and such change will be deemed an integral part of<br />

these <strong>Terms</strong> and <strong>Conditions</strong>. If the Customer does not accept any proposed change, the<br />

Customer is free to cancel the PhoneBanking Service by notifying the Bank in accordance<br />

with Clause 11 below.<br />

8. Any notice given by the Bank hereunder will be deemed to have been received by the<br />

Customer within five days of posting to the Customer’s address last notified in writing<br />

to the Bank. If there is more than one Customer, such notice shall be binding upon each<br />

Customer upon the Bank serving notice to any of them. Publication of any changes by<br />

such means as the Bank may consider appropriate will also constitute effective notice to<br />

the ustomer of such changes.<br />

9. The Customer hereby authorises the Bank to hold and disclose information from time to<br />

time about the Customer, the Account(s) and the use of the PhoneBanking Service to<br />

the competent state bodies as the Bank in its discretion deems necessary or is required<br />

to do so under the law.<br />

10. The Customer acknowledges that if he/she wishes to cancel the use of the PIN allocated<br />

to him/her by the Bank or any services offered through the PhoneBanking Service, the<br />

Customer must notify the Bank of such cancellation in writing.<br />

11. The Customer understands that the PhoneBanking Service will be terminated under the<br />

following conditions:<br />

- Pursuant to Clause 11 above, the Customer informs the Bank in writing of his/her wish<br />

to terminate the PhoneBanking Service;<br />

- When the Customer’s Account(s) with the Bank are closed;<br />

- When the Bank ceases to provide the PhoneBanking Services at its discretion or as<br />

required by law.<br />

12. The Bank reserves the right to not follow any instruction at its discretion if it believes<br />

the transaction is prohibited under the laws of the Socialist Republic of Vietnam or any<br />

applicable country or territory, and shall not be liable to the Customer for the exercise of<br />

this discretion.<br />

13. The Customer will defend and indemnify the Bank against any all liabilities, costs and<br />

losses whatsoever and howsoever and wherever arising in connection with the provision<br />

by the Bank of the PhoneBanking Service to the Customer. The Bank may debit the<br />

Account(s) of the Customer with any such liabilities, costs and losses.<br />

14. The Customer waives any claim against the Bank arising out of the compliance by the<br />

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