| 1. Definitions |
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In these Terms references to: |
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"card" means the credit or debit MasterCard
issued by us that are associated with your SecureCode
for the Service; |
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"including" means including, without limitation
to the generality of the surrounding words; |
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"our", "ours", "us" and
"we" refer to The Hongkong and Shanghai Banking
Corporation Limited; and |
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"you", "your" and "yours"
refer to you, our customer. |
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| 2. Applicable terms |
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a. When you use the Service, you
must comply with these Terms and other applicable terms,
including the terms relating to your cards like the
Card Cardholder Agreements and the terms of our website
from which you access the Service which include the
3 statements : (i) Privacy and Security, (ii) Terms
of Use and (iii) Hyperlink Policy. |
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b. If these Terms contradict other
applicable terms, these Terms will (in relation to your
use of the Service) override those other terms to the
extent that there is a contradiction. |
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| 3. Changing these Terms, the Service,
and fees |
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We reserve the right to change
these Terms and fees relating to the Service, if any,
at any time, and you agree to be bound by all changes
we make. We will give you at least 30 days notice of
these changes. Notice of any changes to these Terms
may be made by posting a notice on our website, advertisement
or such other means as we, acting reasonably, may determine.
You can access the current version of these Terms on
our website.
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| 4. Your SecureCode and Personal
Greeting [Your Security Duties] |
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a. When you register for the Service,
you will need to designate a password ("SecureCode")
and a personal greeting ("Personal Greeting"). |
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b. We use your SecureCode to identify
you. Clause 10 sets out your liabilities for everything
that is done with your SecureCode. |
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c. You should use your Personal Greeting to identify
us. |
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d. You must keep your SecureCode
and your Personal Greeting secret and secure at all
times and take steps to prevent unauthorised use of
your SecureCode and your Personal Greeting. |
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e. You agree to follow the guidance
and any security recommendation or procedures issued
by us from time to time including those provided on-line.
Your failure to do so will constitute a breach of these
Terms and will be deemed as negligence on your part. |
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| 5. Registration |
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a. You can register for the Service
by logging on to online@hsbc
and follow our online registration procedures.
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b. By registering for the Service,
you are authorising us to use and retain certain information
about you and your cards; and signify your consent to
disclose to third party entities certain information
including your cardnumber, email address and such other
information as may be necessary to carry out this service.
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c. Your registration for the Service
is subject to our approval. In case of rejection, we
are under no obligation to notify you of the reason
for the rejection. |
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d. Your failure to register for
the Service may result in your inability to use your
cards for online and other transactions which require
authentication by the Service. |
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| 6. Your information |
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a. You must provide information
that we reasonably request to enable us to provide the
Service. If you do not provide the information we request,
we may not be able to provide the Service to you. You
warrant that information you provide to us in relation
to the Service is true, complete and up-to-date at all
times. |
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b. Your registration data, your
other personal information including your use of the
Service may be used for record keeping and reporting
purposes, as well as to help resolve transaction disputes.
Your registration data and other personal information
relating to the Service, however, will not be transferred
by us to the merchants. |
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| 7. Authentication |
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a. By registering for the Service,
you authorise our Bank and the use of the Service to
authenticate your identity, your cards and/or the use
of your cards to make payment for the transactions concerned. |
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b. When engaging in an online transaction
or other transactions for which the Service is used,
you may be required to enter your SecureCode before
the merchant accepts your cards in payment for the transactions.
If you are unable to provide your SecureCodes or if
the authentication through the Service fails, the merchant
may not accept your cards in payment for the transactions
concerned. Our Bank cannot be held liable for any merchant's
refusal to accept your cards for the said payment, whatever
the reasons shall be. |
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| 8. Accuracy of information |
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If there is any inconsistency between
our internal records, and information relating to your
cards and their related card accounts or your use of
the Service, our internal records will prevail in the
absence of evidence to the contrary. |
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| 9. Exclusion of warranties and limitation
of our liability |
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a. Where you are a "personal
customer" in terms of the Code of Banking Practice
in force from time to time ("Banking Code"),
nothing in these Terms is intended to limit the application
of the Banking Code, and these Terms are to be deemed
to be modified to the extent necessary to give effect
to the foregoing. |
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b. Subject to Clause 10, and to the maximum extent permitted
by applicable law: |
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i. we give no warranties
or conditions (whether express, implied, statutory
or otherwise) in relation to the Service, and
exclude all implied warranties and conditions
including any warranties and conditions of merchantability,
fitness for a particular purpose, good title and
non-infringement; |
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ii. in no event will we be
liable to you for any incidental, consequential,
indirect damages (including loss of profits and
business interruption), or special or exemplary
damages;
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iii. due to the nature of
the Service, we will not be responsible for any
loss of or damage to your data, software and computer,
telecommunications or other equipment caused by
you using the Service unless such loss or damage
is directly and solely caused by our negligence
or deliberate default; and |
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iv. we cannot be held liable to you or any third
party for any modification, enhancement, suspension
or discontinuance of HSBC's MasterCard SecureCode,
whether within or outside our control. |
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| 10. Your liability [for unauthorised
transactions] |
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a. If you have acted negligently
or fraudulently, you are liable for all claims, losses
and consequences arising from or in connection with
your use of the Service. |
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b. If you let any other person
use your SecureCode or has knowledge of your Personal
Greeting, you are liable for all claims, losses and
consequences arising from or in connection with all
transactions made using the Service by or with the consent
of that person. |
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c. If you have contributed to an
unauthorised transaction, you may be liable for some
or all of the losses resulting from the unauthorised
transaction. Ways you can contribute to an unauthorised
transaction include selecting an unsuitable SecureCode,
keeping a written record of your SecureCode and your
Personal Greeting, disclosing your SecureCode or Personal
Greeting to any other person, failing to take reasonable
steps to prevent disclosure of your SecureCode or Personal
Greeting to any other person, failing to take reasonable
steps to observe any of your security duties referred
to in these Terms and unreasonable delay in notifying
us of an actual or possible disclosure to any other
person of your SecureCode or Personal Greeting. |
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d. If you have promptly reported
an actual or possible disclosure of your SecureCode
or Personal Greeting to us, you are not liable for loss
occurring after you have notified us unless you have
acted fraudulently or negligently. |
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e. If you are a "personal
customer" in terms of the Banking Code, Clauses
10(a) to (d) set out your liability for use of your
SecureCode and Personal Greeting. Except to the extent
that Clauses 10(a) to (d) limit your liability in specific
circumstances, you are liable to us and shall indemnify
us for all claims, losses and consequences arising from
or in connection with your use of the Service, use of
the Service by any person using your SecureCode or Personal
Greeting, and losses and consequences otherwise caused
or contributed to by you.. |
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| 11. Suspension and Termination |
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a. We reserve the right to at any
time suspend the Service without notice where we consider
necessary or advisable to do so, for example, to protect
you when there is a suspected breach of security, or
when we have reasonable grounds to suspect that your
registration data is untrue, inaccurate, not current
or incomplete or we need to suspend the Service for
maintenance or other reasons. |
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b. We may, without giving you notice
or reason terminate the Service or its use by you. You
can request termination of your use of the Service at
any time by calling our Credit Cards Customer Service
Hotline appearing on our website. Your termination will
be effective when we de-register you from the Service. |
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| 12. General |
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a. Communications: Communications
from us are deemed to have been received by you (where
delivered personally) at the time of personal delivery
or on leaving it at the address last notified by you
to us, (where sent by post) three days if the address
is within Metro Manila and seven days after posting
if the address is outside Metro Manila or (where sent
by facsimile transmission, telex or email) immediately
after transmitting to the facsimile or telex number
or email address last notified in writing by you to
us. Communications sent by you to us are deemed to be
delivered to us on the day of actual receipt. |
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b. Severability: If any part of
these Terms is held by any court or administrative body
of competent jurisdiction to be illegal, void or unenforceable,
such determination will not impair the enforceability
of the remaining parts of this agreement. |
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c. Waiver: |
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i. A waiver by us of any
provision of these Terms will not be effective
unless given in writing, and then it will be effective
only to the extent that it is expressly stated
to be given. |
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ii. A failure, delay or indulgence
by us in exercising any power or right will not
operate as a waiver of that power or right. A
single exercise or partial exercise of any power
or right by us does not preclude further exercises
of that power or right or the exercise of any
other power or right.
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iii. Our rights and remedies
under these Terms are cumulative and do not exclude
other rights and remedies provided by law. |
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d. Governing Law and Jurisdiction:
The Service and these Terms are governed by and must
be construed in accordance with the laws of the Philippines.
The parties submit to the non-exclusive jurisdiction
of the Courts of Makati City. These Terms may be enforced
in the Courts of any competent jurisdiction. |