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Terms and Conditions for HSS Website
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.
1. Services
    HSBC Institutional Trust Services (Asia) Limited滙豐機構信託服務(亞洲)有限公司 ('HSBC'), as the trustee and/or administrator of pension schemes of its customers (each a 'Customer'), shall provide to Customer the internet services (the 'Services') subject to these Terms and Conditions, and HSBC's General Disclaimer and Internet Privacy Statement. HSBC 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:
  • expanding, modifying, reducing or suspending the Services at any time;


  • imposing and varying any restrictions on the use of the Services; and/or


  • prescribing and changing the normal service hours during which the Services are available and changing the cut-off time for any part of the Services.
2. User ID
  1. The Customer shall keep Phone User ID, Phone PIN, Registration Number, Verification Number, user name and password (the 'User ID') strictly confidential and shall advise HSBC immediately of any loss of the User ID notification letter or if the User ID has become known by any unauthorised person.


  2. The Customer shall be fully responsible for any accidental or unauthorised disclosure of the User ID to any other person and shall bear the risks of the User ID being used by unauthorised persons or for unauthorised purposes.
3. Customer's Instructions
  1. Instructions given by the Customer in connection with the Services (the 'Instructions') shall not be considered to be received by HSBC until HSBC has actually received them but once received shall be irrevocable and binding on the Customer whether given by the Customer or by any other person purporting to be the Customer. HSBC 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 of the Customer.


  2. Instructions will be processed as soon as practicable after receipt by HSBC but HSBC shall not be liable for any delay in processing any Instruction. Instructions will be processed by reference to the Customer account information and fund unit prices (the 'Account Information') current at the time of processing.


  3. Unless otherwise specified, any instruction received after the cut-off time as notified by HSBC to the Customer from time to time shall be treated as if received the next following working day. Any Instruction submitted on a holiday shall be treated as having been submitted the next working day after the holiday.
4. Customer Undertakings and Responsibilities
  1. The Customer authorises HSBC to disclose and transfer to any person, including any government or regulatory authority in any jurisdiction, all information relating to the Customer to the extent required by any law, regulation, court order or any government or regulatory authority in any jurisdiction. For purposes of this Clause 4(a), “any law” includes: (i) any treaty, law, regulation or other official guidance enacted in any jurisdiction, or relating to an intergovernmental agreement between the governments or regulatory authorities of two or more jurisdictions, and (ii) an agreement or commitment with any government or taxation authority in any jurisdiction entered into by the HSBC Group. "HSBC Group" means HSBC Holdings plc, and/or any of its affiliates, subsidiaries, associated entities and any of their branches and offices.


  2. 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 online Service or any software comprised in it.


  3. The Customer acknowledges that the Customer shall have and acquire no right, title or interest in the system providing the online Service or in any related software or materials other than the right to access the Services subject to these Terms and Conditions. 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.
5. Account Information
    HSBC shall use its best efforts to update the Account Information regularly and in accordance with the arrangements as notified by HSBC to the Customer from time to time but shall not be liable for any consequences as a result of any delay in making available the current information. Account Information available from the Services shall be for reference only and is not binding and HSBC's records of the Account Information shall be conclusive.
6. Liabilities and Responsibilities of HSBC
  1. HSBC shall not be liable for any loss, damage or expense or consequential loss, damage or expense suffered by the Customer by virtue of any delay in acting on any Instruction or for any inability to act as a result of any Instruction being unclear or incomplete or the Customer having failed to submit an Instruction by the cut-off time specified by HSBC from time to time.


  2. HSBC 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 HSBC from time to time.


  3. HSBC does not warrant or represent that the Services are free from virus or other destructive features which may adversely affect the Customer's hardware, software or equipment.


  4. Unless due to the gross negligence or wilful default of HSBC 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 therefrom, HSBC does not assume any liability or responsibility to the Customer or any other person for the consequences arising from or in connection with :

    1. use of the Services and/or access to the Account Information as a result of such use by the Customer or any other person whether or not authorised;


    2. any interruption, interception, suspension, delay, loss, unavailability, mutilation or other failure in providing the Services, in transmitting instructions or information relating to the Services or in connecting with the online Service caused by any acts, omissions or circumstances beyond the reasonable control of HSBC 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


    3. 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.


  5. HSBC is not responsible for the contents available on or the set-up of any other websites linked to HSBC's website. Access to and use of such other websites is at the Customer's own risk and subject to any terms and conditions applicable to such access/use. By providing hyperlinks to other websites, HSBC shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or any service/products they provide on their web site, or have any form of cooperation with such third parties and web sites. HSBC is not a party to any contractual arrangements entered into between the Customer and the provider of the external website unless otherwise expressly specified or agreed to by HSBC.


  6. HSBC shall not be liable for any loss, damage or expense by the Customer by virtue of HSBC’s disclosure or transfer of Customer’s information pursuant to Clause 4(a).


  7. In no event shall HSBC 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.
7. Copyright and Trademarks
    HSBC and other parties own the trademarks, logos and service marks displayed on HSBC's website. These may not be used without the written permission of HSBC or the party owning these. Materials on the website are protected by copyright. No part of these materials may be modified, reproduced, stored in a retrieval system, transmitted, copied, distributed or used in any other way for commercial or public purposes without HSBC's prior written consent.
8. Amendments
    HSBC may revise these Terms and Conditions and/or introduce additional terms and conditions at any time on notice to the Customer by posting it online or by display, advertisement or other means as HSBC thinks fit, and such revision or amendment shall be binding on the Customer if the Customer continues to maintain or use the Services on or after the effective date of variation.
9. Law
    The Services and these Terms and Conditions shall be governed by and construed in accordance with the laws of the HKSAR.
10. Governing Version
    The English version of these Terms and Conditions shall prevail wherever there is a discrepancy between the English version and the Chinese version.