YOU MUST READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICES BY REGISTERING TO USE THE SERVICES, YOU SHALL BE DEEMED TO HAVE ACCEPTED AND BE BOUND BY ALL THESE TERMS AND CONDITIONS:
(a) The Hongkong and Shanghai Banking Corporation Limited (the 'Bank' which expression shall, where the context allows or requires, include its successors and assigns) shall provide subject to these Terms and Conditions online services and facility from time to time (the 'Services') through any Internet site established, operated and/or maintained by or on behalf of the Bank ('Internet Site') to enable customers (each a 'Customer' which expression shall, where the context requires, include any personal representative or lawful successor of the Customer) to give instructions to and communicate with the Bank for the purposes of conducting banking, investment, financial and other transactions and dealings of various nature and obtaining services, products, information, goods, benefits and privileges from the Bank and/or members of the HSBC Group (HSBC Holdings Plc and its subsidiaries and associates undertakings or any of their branches).
(b) Specific to HSBC Amanah Shariah customer, he/she must be fully aware and understands that he/she is using common Services with conventional customers. Therefore, it must also be understood that notwithstanding such common usage, it is not the intention of HSBC Amanah Shariah to promote any conventional products/services or to encourage its customers to buy/subscribe to any of such conventional products/services. If any of the HSBC Amanah Shariah customer(s) is interested and finally subscribed to any of the conventional products/services, it is purely at the sole discretion of the relevant customer. In this respect, HSBC Amanah Shariah accepts no responsibilities whatsoever if any of its customers buy/subscribe any of the conventional products/services.
(c) As part of the Services, the Bank may make available via any Internet Site financial, market or other information and data ('Information') supplied by any person (each an 'Information Provider' which expression shall include any person who supplies any information to an Information Provider) and may provide reports compiled from Information in any form, medium or means ('Reports').
(d) The Bank has the right to determine and vary from time to time the scope and type of the Services to be made available including, without limitation:
(i) expanding, modifying or reducing the Services at any time;
(ii) imposing and varying any restrictions on the use of the Services such as minimum and maximum daily limits with respect to the value of any transaction or dealing or any type of transactions or dealings which the Customer may conduct by using the Services;
(iii) prescribing and changing the normal service hours during which the Services are available and any daily cut-off time for any type of Services or transactions. Any instruction of the Customer received by the Bank after any applicable daily cut-off time shall be deemed to be received on the next business day. The Bank may specify business day and daily cut-off time by reference to the time of various markets operating in different time-zones; and
(iv) reducing or re-setting a transfer limit (whether designated by the Customer or the Bank) to a lower value or down to zero if the Customer has not utilised the relevant Service(s) for a period of time that the Bank may designate from time to time.
(e) The Bank may require the Customer to nominate or register specific account(s) for the purposes of the Services.
The Services provide an additional means for the Customer to operate accounts, conduct transactions and dealings and obtain services, products, information, goods, benefits and privileges from the Bank and/or other members of the HSBC Group as shall be made available from time to time. Transactions and dealings affected by using the Services are subject to the Terms and Conditions and the Bank's general Disclaimer and Internet Privacy Statement provided in the Internet Banking Site. All other terms and conditions governing the relevant accounts, transactions, dealings, services, products, information, goods, benefits or privileges shall continue to apply but where there is any discrepancy, these Terms and Conditions shall prevail for the purposes of the Services.
(a) To access the Services for the first time, the Customer is required to register online or in such other manner as the Bank may from time to time specify and indicate his acceptance of all the terms and conditions governing the use of the Services and to provide such information as the Bank may reasonably specify for identifying him.
(b) By registering to use the Services, the Customer warrants that all information provided by the Customer to the Bank in relation to the Services is true, complete and up-to-date.
(c) The Services are for the sole and exclusive use by the Customer.
(d) The Customer shall not use or knowingly allow any other person to use the Services, the Information and/or the Reports for or in connection with any illegal purpose or activity. The Customer shall notify the Bank as soon as practicable if he becomes aware of such use.
(e) Any exchange rate, interest rate, profit rate, dealing rate and other prices and information quoted by the Bank on the Internet Site(s) or otherwise in response to an online inquiry is for reference only and is not binding. Any rate, price and information offered by the Bank for the purpose of the relevant transaction shall be binding on the Customer upon the Customer confirming his acceptance irrespective of any different rate, price or information quoted by the Bank.
(f) The Customer acknowledges that there may be a time lag in transmission of instructions, information or communication via the Internet.
(a) The Customer shall follow the guidance provided by the Bank online in designating the user identification code (the 'User ID') and the password (the 'Password') for identifying the Customer for the purposes of the Services.
(b) The Customer may change the Password at any time but any change shall be effective only if accepted by the Bank. The User ID cannot be changed by the Customer.
(c) The Bank may, in its sole discretion require a Customer to use a Security Code (a one-time password generated by the Security Device) to access the Services in the event of which it is the sole responsibility of the Customer to apply to the Bank for a Security Device (an electronic device used to generate the Security Code) or a replacement if a Security Device has previously been issued but is subsequently lost or has failed to function as intended where charges might be applicable.
(d) The Customer shall act in good faith, exercise reasonable care and diligence in keeping the User ID, the Password, the Security Device and the Security Code in secrecy. At no time and under no circumstances shall the Customer disclose the User ID, the Password and/or the Security Code to any other person or permit the Security Device to come into the possession or control of any other person.
(e) The Customer shall be fully responsible for any accidental or unauthorised disclosure of the User ID, the Password and/or the Security Code to any other person and shall bear the risks of the User ID, the Password, the Security Device or the Security Code being used by unauthorised persons or for unauthorised purposes.
(f) Upon notice or suspicion of the User ID, the Password and/or the Security Code being disclosed to, and/or the Security Device being lost or has otherwise come into the possession or control of any unauthorised person or any unauthorised use of the Services being made, the Customer shall notify the Bank in person by writing as soon as practicable or by telephone at such telephone number(s) as the Bank may from time to time prescribe (and the Bank may ask the Customer to confirm in writing any details given) and, until the Bank's actual receipt of such notification, the Customer shall remain responsible for any and all use of the Services by unauthorised persons or for unauthorised purposes.
(g) The Customer should never respond to a request purportedly from the Bank via the Services to provide the Customer's account, Password, security details or the Customer's personal information as the Bank will never make such a request. The Customer is responsible for the security of the Customer's telecommunications equipment and must take all reasonable precautions to prevent any one else from accessing any confidential information including the eStatements/eAdvices.
(a) The Customer is required to quote any one or more of the User ID, the Password, the Security Code and any other identifiers as shall be prescribed by the Bank from time to time in order to log-on to the Services and give instructions to the Bank online. Instructions in connection with the Services shall not be considered to be received by the Bank unless they are given in such manner as the Bank may prescribe from time to time and until the Bank has actually received them.
(b) Any instruction given in connection with the Services by quoting the User ID, the Password, the Security Code and such other identifiers of the Customer as prescribed by the Bank, once given, may not be rescinded or withdrawn without the consent of the Bank or the relevant member of the HSBC Group. All such instructions given, as understood and acted on by the Bank or the relevant member of the HSBC Group in good faith, shall be irrevocable and binding on the Customer whether given by the Customer or by any other person purporting to be the Customer. The Bank and the relevant member of the HSBC Group shall be under no duty to verify the identity or authority of the person giving any such instruction or the authenticity of such instruction apart from verifying the User ID, the Password, the Security Code and such other identifiers (if any) of the Customer.
(c) The Bank will only act on an instruction insofar as it is in the Bank's opinion practicable and reasonable to do so and in accordance with its regular business practices and procedures.
(d) Advice or confirmation that an instruction has been received and/or a transaction has been effected through the Services will be provided by the Bank online. Such advice or confirmation shall be deemed to have been received by the Customer immediately after transmission and it is the duty of the Customer to check such advice or confirmation. It is also the duty of the Customer to enquire with the Bank if the Customer does not receive an advice or confirmation within the time usually required for a similar advice or confirmation to be received.
(e) The Bank and other members of the HSBC Group are required to act in accordance with the laws and regulations operating in various jurisdictions which relate to the prevention of money laundering, terrorist financing and the provision of financial and other services to any persons or entities which may be subject to sanctions. The Bank may take, and may instruct other members of the HSBC Group to take, any action which it, in its sole and absolute discretion, considers appropriate to take in accordance with all such laws and regulations. Such action may include but is not limited to the interception and investigation of any payment messages and other information or the Customer instruction sent to or by the Customer or on its behalf via the Bank's systems or any other member of the HSBC Group's systems; and making further enquiries as to whether a name which might refer to a sanctioned person or entity actually refers to that person or entity. Bank may refuse to open, maintain, transact, deal or otherwise become a party to any account, activity or transaction that may directly or indirectly violate such global restriction, sanctions and any provisions of the Money Laundering Prevention Act, 2009; Anti-Terrorism Act, 2009, Foreign Exchange Regulation Act, 1947 and related Guidelines of regulatory authorities of the Peoples Republic of Bangladesh. Notwithstanding any provision of this standing instruction and Terms and Conditions, neither the Bank nor any member of the HSBC Group will be liable for loss (whether direct, consequential or loss of profit, data or interest) or damage suffered by any party arising out of:
i) any delay or failure by the Bank or any member of HSBC Group in performing any of its duties under this standing instruction and Terms and Conditions or other obligations caused in whole or in part by any steps which the Bank, in its sole and absolute discretion, consider appropriate to take in accordance with all such laws and regulations; or
ii) the exercise of any of the Bank's rights under this clause:
In certain circumstances, the action which the Bank may take may prevent or cause a delay in the processing of certain information. Therefore, neither the Bank nor any member of the HSBC Group warrants that any information on the Bank's systems relating to any payment messages and the Customer instruction that are the subject of any action taken pursuant to this clause is accurate, current or up-to-date at the time it is accessed, whilst such action is being taken. Subject to the overriding requirements of any applicable laws and regulations, the Bank will endeavor to notify Customer of the existence of such circumstances as soon as is reasonable practicable.
(f) Advice or confirmation that an instruction has been received and/or a transaction has been effected through the Services will be provided by the Bank online. Such advice or confirmation shall be deemed to have been received by the Customer immediately after transmission and it is the duty of the Customer to check such advice or confirmation. It is also the duty of the Customer to enquire with the Bank if the Customer does not receive an advice or confirmation within the time usually required for a similar advice or confirmation to be received.
(g) Information relating to any account or transaction made available on the Internet Site(s) are for reference only. The Bank's records of such account and transaction shall be conclusive unless and until the contrary is established.
(h) Where the Bank knows of or suspects a breach of security or other suspicious circumstances in respect of or in connection with the operation of one or more of the accounts of the Customer or the Services generally, the Bank may, in its absolute discretion and without any liability, refuse to act on or delay acting on the instruction and in that event, the Bank will, to the extent possible, inform the Customer as soon as practicable.
(a) For the purpose of eStatement/eAdvice Service, references to:
"Account" means any type of account offered by the Bank, including, without limitation, deposit account, loan account, and investment account.
"Advice" means any advice, report, message, record, confirmation, receipt, acknowledgement, notice or communication in respect of or in relation to one or more Account(s) or of the products and services offered by the Bank, as from time to time issued or provided by the Bank in paper form, excluding a Statement.
"eAdvice" means an Advice issued or provided by the Bank in electronic form under the Service.
"Email Address" means the email address that the Customer registers with the Bank under eStatement /eAdvice Service.
"eStatement" means a Statement issued or provided by the Bank in electronic form under the Service.
"Statement" means any statement, report, message, record, confirmation, receipt, acknowledgement, notice or communication in respect of or in relation to one or more Account(s) or of the products and services offered by the Bank, as from time to time issued or provided by the Bank in paper form.
(b) Once the Customer has registered for the eAdvice Services, the Bank will make the eAdvices available to the Customer for review and downloading through the Internet Site, the corresponding Advices (i.e., in its/their paper form) will no longer be sent to the Customer's mailing address or otherwise provided unless otherwise stipulated, including that set out in Clauses 6d below. Notwithstanding the foregoing, the following Advices will continue to be sent to the Customer in paper form: (i) Advices generated and provided to the Customer during the course of transaction(s) conducted personally over counter; (ii)Telegraphic Transfer Credit Advice, Interest Rate Change Advice; (iii) PIN/Password.
(c) Once the Customer has registered for the eStatement Services, the Bank will make the eStatements available to the Customer for review and downloading through the Internet Site, the corresponding Statements (i.e., in their paper form) will no longer be sent to the Customer's mailing address or otherwise provided unless otherwise stipulated, including that set out in Clauses 6d below. The eStatements will be made available by the Bank following the statement cycle that the Customer has last requested and registered with the Bank. If there is no account activity within one or more months after the period covered by the most recent Statement or eStatement, the Bank need not send the monthly Statement(s) or eStatement(s) for that/those month(s).
(d) During such time when the Customer is registered with the eStatement/eAdvice Service, the Customer may request for the corresponding Statement/Advice of an eStatement/eAdvice to be sent to the Customer's mailing address last registered with the Bank or be otherwise provided by the Bank in addition to that eStatement/eAdvice, but such a request is at all times subject to the Bank's decision and will also be subject to such charges as the Bank shall determine from time to time.
(e) An eStatement or eAdvice provided by the Bank shall be deemed to be delivered to the Customer at the time when such eStatement or eAdvice was, according to the Bank's record, made available to the Customer through the Internet Site. The Customer agrees to access and carefully review and examine each and all eStatements and/or eAdvices in a timely manner and advise the Bank as soon as possible, of any errors, discrepancies, unauthorised transactions or other irregularities arising from whatever cause, including, without limitation, forgery, fraud, lack of authority or the Customer's negligence or negligence of any other person(s) ("Errors").
(f) The Customer agrees that the eStatement shall, as between the Customer and the Bank, be conclusive evidence as to the balance shown therein and that the eStatement shall be binding upon the Customer and the Customer shall be deemed to have agreed to waive any rights to raise objections or pursue any remedies against the Bank in respect thereof unless the Customer notifies the Bank (via such means and in such format and manner as shall be acceptable to the Bank) of any such Errors within 15 days after the Bank has made the eStatement available to the Customer through the Internet Site. The Customer confirms and agrees that the Customer is responsible for accessing and reviewing each and all eStatements in a timely manner and as required pursuant to the Terms and Conditions. If the Customer fails to do so, the Bank will not be liable to the Customer for any losses incurred after the time that the Error(s) should have been discovered, and the Customer waives all claims that the Customer may have against the Bank and release the Bank from any claims and liabilities that the Bank would have to the Customer after the time that the eStatement(s)/eAdvice(s) should have been reviewed, whether or not any of the claims or liabilities resulted from the negligence of the Bank. Where the Account concerned is a joint account, the reference to "Customer" in this Clause 6f shall mean all account holders of this joint account irrespective of the signing mandate.
(g) Where the Customer has selected or the Bank has designated, as the case may be, a certain type, category or group of eStatements and/or eAdvices under the Services, the Bank will, without further notice and unless the Bank specifies otherwise, include within the Services the eStatements and eAdvices of all new Accounts that the Customer shall open with the Bank and the eStatements and eAdvices of all products and services that the Bank shall provide to or shall be used by the Customer in the future that shall, in the Bank's view, fall within the said type, category or group.
(h) Where the Customer has selected and registered the Email Address, the Bank may send a reminder notice to the Email Address when a new eStatement or eAdvice has been made available by the Bank under the Services. The Customer warrants that the Email Address given to the Bank (if any) is complete, accurate and up-to-date at all relevant times and undertakes to promptly notify the Bank (via such means and in such format and manner as shall be acceptable to the Bank) of any change to the Email Address. Where the Bank has reason(s) to believe that the Bank's reminder notice(s) will no longer reach the Customer at the Email Address, the Bank may in its sole discretion and without notice suspend sending reminder notice(s) to the Email Address. The Customer acknowledges that the reminder notice(s) may fail to reach the Email Address for various reasons (including without limitation telecommunication breakdown, mechanical failure, path failure, malfunction, technical breakdown), and the Customer agrees that in no event shall the Bank be held liable if the Bank's reminder notice(s) fail to reach the Customer at the Email Address.
(i) The Customer confirms that the Customer has assessed and analysed and so the Customer understands, acknowledges and accepts all possible risks involved in using the eStatement/eAdvice Services.
The Bank reserves the right to charge fees in relation to the use and/or termination of the Services including, without limitation, to impose a charge for its provision of the Security Device and to revise such fees. The Bank shall determine and give reasonable notice to the Customer of the rate of any fee from time to time before they become effective which shall be binding on the Customer if the Customer continues to maintain or use the Services on or after the effective date. Fees may be collected from the Customer in such manner and at such intervals as the Bank may specify.
(a) The Customer shall provide such information as the Bank may from time to time reasonably request for the purposes of providing the Services. The Customer shall also ensure that all information provided to the Bank is at all times accurate, complete and up-to-date including, without limitation, the Customer's address and other contact details.
(b) The Customer authorises the Bank to disclose and transfer information relating to the Customer, the Customer's account(s) and/or the transaction(s) executed by the Bank on the Customer's behalf to such person(s) as the Bank may be requested (whether or not compelled by law) to do so by any law, rules or regulations of any competent jurisdiction in which the Bank executes transaction(s) on the Customer's behalf or any exchange, government or regulatory authority in such jurisdiction.
(c) The Customer shall not, and shall not attempt to decompile, reverse-engineer, translate, convert, adapt, alter, modify, enhance, add to, delete or in any way tamper with, or gain access to, any part of the Services or any Internet Site or any software comprised in them.
(d) The Customer acknowledges that it is the responsibility of the Customer to determine independently market prices and rates for trading purposes through his usual trading channels, to verify any Information and/or Report before relying or acting on it and to seek independent professional advice on legal, tax and other issues in connection with the use of the Services, the Information and the Reports, these Terms and Conditions and any transactions and dealings which may affect the Customer under all applicable laws.
(e) The customer irrevocably agrees that the bank may at its discretion for any purpose, including but not limited to, in connection with its banking operations, administration and business, or data information, transaction, document and records collection, processing and storage, inside and outside its country of operations, fraud detection or prevention, suspicious activities, audit, inspection, provision of services by any third party, debt collection, or if required by any applicable judicial order or statutory provision, or governmental, statutory or regulatory authority with jurisdiction over the Bank or the member of HSBC Group, share any information, details, data or document relating to the customer or customers account or transactions, with any member or associate member of the HSBC Group of companies.
(f) The customer irrevocably agrees that the Bank may transfer or sub-contract the provision of any part of the services provided to the customer to any third party including to another member of the HSBC Group whether or not that third party operates in another jurisdiction or territory. Bank shall remain liable to the customer for any recoverable loss of damage incurred or suffered by the customer as a result of the negligence, breach or default of any such third party, and will require that any such third party maintain the confidentiality of any such information to the same extent as the Bank.
(g) All new accounts opened via Internet Banking channel are subject to regulatory restrictions. The customer should download all the necessary documents from HSBC Bangladesh website, and follow the instructions. The account will be closed/suspended unless all pending documents/information provided by the customer are received by the Bank within 30days from the date of Account opened and the information is deemed satisfactory. Bank reserves the right to close/suspend any account at any time without prior notice.
(a) The Customer acknowledges and agrees that the Information, the Reports and their form, format, mode or method of compilation, selection, configuration, presentation and expression (collectively 'Confidential Information') are trade secrets and confidential and proprietary property of the Bank and the respective Information Providers.
(b) Unless expressly permitted by these Terms and Conditions, the Customer shall not, and shall not attempt to:
(i) sell, transfer, disclose, assign, convey, lease, sub-license, share, loan, distribute, transmit, broadcast, cablecast, put in circulation, download, reproduce, duplicate or otherwise provide or disseminate any Confidential Information in any form or by any means to any other person or commercially exploit any Confidential Information;
(ii) remove, obliterate, erase, relocate or modify in any way any proprietary marking on or appearing with the Confidential Information including, without limitation, any trademark or copyright notice; or
(iii) incorporate or combine the Confidential Information with any other programmes.
(c) The restrictions on disclosure shall not apply to any Confidential Information:
(i) where its disclosure is compelled by law but only to the extent required by law and/ or only after written notice of the requirement to disclose has been given by the Customer to the Bank; or
(ii) where the Bank has expressly agreed in writing to its disclosure.
(d) The Customer agrees that all right, title and interest in and relating to the Confidential Information and any and all related copyright, patent, trademark, service mark, proprietary property, trade secrets, HSBC Brand, logo and exclusive works are and shall remain the exclusive property of the Bank and the respective Information Providers. No right, title or interest other than the right to access the Information and the Reports subject to these Terms and Condition is conveyed or transferred to the Customer. The Customer shall not make any representation or do any act which may be taken to indicate that the Customer has any such right, title or interest.
(e) An Information Provider may impose from time to time terms and conditions in relation to the availability of any Information supplied by it. Access to such Information by the Customer on or after the effective date, subject to prior notification, of such terms and conditions shall constitute the Customer's acceptance thereof.
(f) The Information and the Reports are made available for reference only and are not intended for trading or other purposes. Neither the Bank nor any Information Provider shall be considered an investment adviser to the Customer.
(g) Neither the Bank nor any Information Provider warrants, represents or guarantees the sequence, accuracy, truth, reliability, adequacy, timeliness or completeness of any of the Information or the Reports or whether it is fit for any purpose. Nor does either of them assume any liability (whether in tort or contract or otherwise) for any reliance on the Information or the Reports by the Customer or any other person.
(h) The Information will be made available as it is supplied and identifying the Information Provider directly supplying it to the Bank. The Bank neither endorses or express any comment on any Information supplied by any Information Provider nor assume any duty to check or verify any Information.
(i) No warranty, representation or guarantee of any kind relating to the Information and/or the Reports is given or may be implied and no employee or agent of the Bank or any Information Provider is authorised to give any such warranty, representation or guarantee.
(a) The Bank will take reasonably practicable steps to ensure that its systems in connection with the Services are installed with adequate security designs and to control and manage the risks in operating the systems, taking into account any law, rules, regulations, guidelines, circulars, codes of conduct and prevailing market practices which may be applicable to the Bank from time to time.
(b) None of the Bank, any member of the HSBC Group or any Information Provider warrants or represents that the Services, the Information and the Reports are free from virus or other destructive features which may adversely affect the Customer's hardware, software or equipment.
(c) The Bank will make all reasonable efforts to ensure that the Security Device provided to the Customer will perform as necessary to permit access to the Services as and when required. The Customer must notify the Bank immediately if any Security Device fails to function correctly and the only obligations that the Bank has in respect of such Security Device is to replace the same with a new Security Device at no cost to the Customer but only (i) upon the defective Security Device being returned to the Bank within 30 days of its date of issue and (ii) if the Bank is satisfied that there is no default or negligence on the part of the Customer which results in or contributes to the Security Device's failure to function correctly. Other than as specified in this Clause 9(c), the Bank shall have no other liability in relation to this Security Device including, without limitation, liability for breach of any implied term as to satisfactory quality, merchantability or fitness for purpose of any Security Device. In addition, the Bank cannot be held liable for any loss or damages incurred or suffered by the Customer arising from the Customer's failure to safe-keep and/or use the Security Device in accordance with the Bank's instructions and recommendations.
(d) Unless Clause 10(b) applies or due to the gross negligence or willful default of the Bank, any member of the HSBC Group or their respective officers or employees and only to the extent of direct and reasonably foreseeable loss and damage (if any) arising directly and solely there from or the amount of the relevant transaction (whichever is less), neither the Bank nor any member of the HSBC Group assumes any liability or responsibility to the Customer or any other person for the consequences arising from or in connection with : -
(i) use of the Services (including, without limitation, the use of the Security Device) and/or access to any information as a result of such use by the Customer or any other person whether or not authorised;
(ii) any interruption, interception, suspension, delay, loss, unavailability, mutilation or other failure in providing the Services (including, without limitation, any interruption, interception, suspension, delay or failure to generate the Security Code using the Security Device), in transmitting instructions or information relating to the Services or in connecting with the Internet Site(s) caused by any acts, omissions or circumstances beyond the reasonable control of the Bank including, without limitation, failure of any communication network, act or omission of any third party service providers, mechanical failure, power failure, malfunction, breakdown, or inadequacy of equipment, installation or facilities, or any law, rules, regulations, codes, directions, regulatory guidelines or government order (whether or not having the force of law); and
(iii) transmission and/or storage of any information and/or data relating to the Customer, the Services and/or transactions or dealings conducted by the Customer pursuant to the Services through or in any system, equipment or instrument of any communication network provider.
(e) In no event shall the Bank, any member of the HSBC Group or any Information Provider be liable to the Customer or any other person for any incidental, indirect, special, consequential or exemplary damages including, without limitation, any loss of use, revenue, profits or savings.
(a) Unless Clause 10(b) applies, the Customer shall be fully liable and responsible for all consequences arising from or in connection with use of the Services (including, without limitation, the use of the Security Device) and/or access to any Information or Report or any other information as a result of such use by the Customer or any other person whether or not authorised.
(b) Subject to Clause 4(f) and if, in the reasonable opinion of the Bank, there is no negligence, fraud or fault on the part of the Customer, the Customer shall not be liable for loss or misplacement of funds caused by unauthorised transactions conducted through the use of the Services as a result of:
(i) a computer crime which should have been prevented by the risks control and management measures had the Bank adopted such measures in accordance with Clause 9(a);
(ii) a human or system error of the Bank; or
(iii) a missed or miss-directed payment caused by the gross negligence or willful default of the Bank, its officers or employees.
(c) The Customer shall indemnify the Bank, any member of the HSBC Group, any Information Provider and their respective officers and employees against all liabilities, claims, demand, losses, damages, costs, charges and expenses of any kind (including, without limitation, legal fees on a full indemnity basis) which may be incurred by any of them and all actions or proceedings which may be brought by or against any of them in connection with the provision of the Services, the Information and/or the Reports or the exercise or preservation of the Bank's powers and rights under these Terms and Conditions, unless due to the gross negligence or willful default of the Bank, any member of the HSBC Group, any Information Provider or their respective officers or employees or unless Clause 10(b) applies.
(a) Subject to the prevailing laws and regulations The Bank may, at any time, without giving notice or reason suspend or terminate all or any of the Services or their use by the Customer.
(b) The Customer may terminate the use of the Services at any time by giving to the Bank prior written notice.
(c) All provisions of these Terms and Conditions which in order to give effect to their meaning need to survive the suspension or termination of the Services and/or the use of the Services by the Customer shall remain in full force and effect after suspension or termination including, without limitation, Clauses 3(b), 4, 7, 8, 9 and 10. Notwithstanding such suspension or termination, the Customer shall continue to be bound by these Terms and Conditions to the extent that they relate to any obligations or liabilities of the Customer which remain to be performed or discharged.
The Bank may revise these Terms and Conditions and/or introduce additional terms and conditions at any time and from time to time. Any revision and/or addition to these Terms and Conditions shall become effective subject to the Bank giving reasonable notice to the Customer (as governed by the laws of Bangladesh) which may be given by posting it on the Internet Site(s) or by display, advertisement or other means as the Bank thinks fit, and shall be binding on the Customer if the Customer continues to maintain or use the Services on or after the effective date of variation. Customer need to abide by the Banks Terms & Conditions as stated on the Account Rules (General).
(a) The Bank shall be entitled to prescribe, from time to time, the form of notice (whether written or any other form) and the mode of communication with respect to each type of notice to be given pursuant to these Terms and Conditions.
(b) Communications delivered personally, sent by post, facsimile transmission, telex or email shall be deemed to have been received by the Customer (where delivered personally) at the time of personal delivery or on leaving it at the address last notified in writing by the Customer to the Bank, (where sent by post) 3 (three) working days after posting if such address is in Dhaka region and 7 (seven) working days after posting if such address is outside Dhaka region 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 the Customer to the Bank. Communications sent by the Customer to the Bank shall be treated as delivered to the Bank on the day of actual receipt.
Each of the provisions of these Terms and Conditions is severable and distinct from the others and, if at any time one or more of such provisions is or becomes illegal, invalid or unenforceable in any respect under the laws of any jurisdiction, the legality, validity or enforceability of the remaining provisions shall not be affected in any way.
No act, delay or omission by the Bank shall affect its rights, powers and remedies under these Terms and Conditions or any further or other exercise of such rights, powers or remedies. The rights and remedies under these Terms and Conditions are cumulative and not exclusive of the rights and remedies provided by law.
The Site is primarily intended for those who access it from within Bangladesh. Because of this we cannot guarantee that the Site or the information thereon complies with law or regulation of other countries, or is appropriate for use, in other places.
You are wholly responsible for use of the Site by any person using your computer and you must ensure that any such person complies with these Terms. The information provided on this Site is not intended for distribution to, or use by, any person in any jurisdiction where such distribution or use would be contrary to law or regulation. This Site should not be considered as communicating any invitation or inducement to engage in banking or investment activity or any offer to buy or sell any securities or other instruments outside Bangladesh.
(a) Where the account in question is a joint account, the reference in these Terms and Conditions to 'Customer' shall be deemed to mean all and each of the joint account holders. All the Customers shall be bound by these Terms and Conditions and be jointly and severally liable for all the transactions and dealings effected by using the Services.
(b) Unless the context otherwise requires, 'person' includes an individual, firm, company, corporation and an unincorporated body of persons.
(a) The Services and these Terms and Conditions shall be governed by and construed in accordance with the laws of the Peoples Republic of Bangladesh.
TERMS AND CONDITIONS FOR ELECTRONIC STATEMENT
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1. ACCOUNT ELECTRONIC STATEMENT
(a) In the event the Customer has agreed to receive Account Statement in electronic form, the Bank will send the Account Statement in electronic form to the Customer's Personal Internet Banking account and the Bank will not issue the Account Statement in paper form which is usually delivered to the Customer's correspondence address recorded at the Bank.
(b) The Bank will send a notification message to the Customer's Personal Internet Banking account and the Customer's email address recorded at the Bank whenever the Bank has sent an electronic Account Statement to the Customer's Personal Internet Banking account. The Customer should notify the Bank regarding the change on the Customer's email address from time to time to ensure the delivery of the notification message.
(c) Without prejudice to any provision of the Terms and Conditions regarding Account, Customer agrees that it shall carefully examine and verify each entry appearing on an Account Statement, reconcile it with the Customer's own record to see if there are any errors, discrepancies, unauthorized debits or other transactions or entries arising from whatever cause, including, but without limitation, forgery, forged signature, fraud, lack or authority or negligence or the Customer or any other person (the "Errors").
(d) Without prejudice to any provision of the Terms and Conditions regarding Account, the Customer will promptly notify the Bank in writing of any Errors in the content of any Account Statement, no later than 15 (fifteen) calendar days from the date on which the Customer is deemed to have received the Account Statement. If the Customer fails to notify the Bank within the 15 (fifteen) days review, the Customer shall be deemed to accept and approve conclusively the contents of such Account Statement, the balance shown on the Account Statement and all entries including Errors, will be deemed correct, complete, authorized and binding upon the Customer and the Bank will be released from all liabilities for any transaction occurring up to the date of the most recent Account Statement except for transactions the Customer gave notice of in accordance with this section.
(e) In the event the Customer has agreed to receive Account Statement in electronic form, the Bank will be not liable for any breach of data privacy, misuse of confidential information if this account statement is intercepted by any unatuthorised person(s).
2. ELECTRONIC CREDIT CARD BILLING STATEMENT
(a) In the event the Customer has agreed to receive credit card billing statement in electronic form, the Bank will send the credit card billing statement in electronic form to the Customer's Personal Internet Banking account and the Bank will not issue the credit card billing statement in paper form which is usually delivered to the Customer's correspondence address recorded at the Bank.
(b) The Bank will send a notification message to the Customer's Personal Internet Banking account and the Customer's email address recorded at the Bank if the Bank has sent an electronic credit card billing statement to the Customer's Personal Internet Banking account. The Customer should notify the Bank regarding the change on the Customer's email address from time to time to ensure the delivery of the notification message.
(c) The Customer will promptly submit objection to the Bank in writing no later than 15 (fifteen) calendar days from the billing cycle date if the Customer finds any transaction in the credit card billing statement which is not made by the Customer.
(d) In the event the Customer has agreed to receive credit card billing statement in electronic form, the Bank will not liable for any breach of data privacy, misuse of confidential information if this statement is intercepted by any unatuthorised person(s).
