Terms and Conditions for HSBC's eAlerts Service

eALERTS SERVICE TERMS AND CONDITIONS


1.	Scope of eAlerts Service
	We have the right to specify or vary the scope and extent of the eAlerts Service and its features from time to time without prior notice. You may use the eAlerts Service to receive information and communications electronically through appropriate telecommunications equipment. The range of eAlerts available to you may vary depending on the country in which you are located or with which you have connections. We have the right to stop providing you with eAlerts Service (or provide limited eAlerts Service) without prior notice in order to comply with restrictions under applicable laws or regulations or internal policies relating to such restrictions, without being liable to you.
2.	Applicable terms
	2.1	Our provision and your use of the eAlerts Service are governed by these Terms and Conditions.
	2.2	In addition, all agreements, terms and conditions governing the respective accounts, services and products covered by the eAlerts Service from time to time continue to apply unless we agree otherwise. The provisions of these Terms and Conditions prevail over such other agreements, terms and conditions to the extent of any inconsistency between them.
	2.3	By using (which includes enrolling for) the eAlerts Service, you will be considered to have accepted these Terms and Conditions and such other agreements, terms and conditions and will be bound by them.
3.	Opening and using eAlerts Service
	3.1	Enrolment for eAlerts Service
		(a)	You will enrol for the eAlerts Service in such manner or form accepted by us from time to time. We will usually send a welcome message via SMS messaging or e-mail within 24 hours of successful enrolment. You must contact us if you do not receive the message within 48 hours of enrolment.
		(b)	When you enrol for the eAlerts Service, you have to advise us of the type, number and frequency of eAlerts you want and details of your telecommunications equipment for receiving eAlerts. You may vary this information from time to time after enrolment in such manner or form accepted by us.
	3.2	Use of eAlerts Service
		(a)	We may restrict the number of telecommunications equipment which you use to receive eAlerts. We may impose different restrictions depending on the type of customers or the type or model of telecommunications equipment.
		(b)	To use the eAlerts Service, you have to use such telecommunications equipment and telecommunications service provider accepted by us from time to time. You are solely responsible for:
			(i)	paying the fees, charges and expenses for your telecommunications equipment and the services provided by your telecommunications service provider; and
			(ii)	complying with the terms and conditions governing your telecommunications equipment and the services provided by your telecommunications service provider from time to time.
		(c)	To receive Chargeable eAlerts, you have to maintain and designate a Nominated Account in such manner accepted by us from time to time. You have to ensure that there are sufficient funds or available credit facilities in the Nominated Account for paying charges for the Chargeable eAlerts.
		(d)	You must notify us promptly if:
			(i)	your telecommunication equipment or the related services is disconnected or suspended for any reason; or
			(ii)	there are any changes to the information you provided to us in connection with the eAlerts Service.
4.	Nature of information provided through eAlerts Service
	4.1	Any information provided to you through the eAlerts Service is for your personal reference only. We are not bound by the information and it is not proof of any matter it describes or relates.
	4.2	The information provided to you through the eAlerts Service may be provided to us by other persons or compiled by us based on materials provided by other persons. We do not represent or guarantee the accuracy, reliability, adequacy, timeliness, sequence or completeness of any information provided to you through the eAlerts Service, or whether it is fit for any purpose. You should not rely on such information as investment advice or for trading purpose. You are solely responsible for verifying such information before using it for any purpose. We are not liable in any manner to you or any other person for using such information for any purpose.
5.	SMS messaging and email eAlerts
	5.1	We accept one mobile phone number only for receiving eAlerts through SMS messaging. You will designate one mobile phone number for receiving eAlerts.
	5.2	You should ensure that your mobile phone and other telecommunications equipment and related services are capable of receiving eAlerts through SMS messaging and e-mail.
	5.3	We only send an eAlert once and will not re-send it again. We may send an eAlert once through SMS messaging and once through e-mail.
	5.4	You should never respond to a request to provide your password or account or security details by SMS messaging or e-mail, even if the request appears to be sent by us through the eAlerts Service. We will never make such request.
	5.5	You should not reply to an eAlert sent by us through SMS messaging or e-mail as it is a one-way message.
	5.6	You should never provide your account or personal data on screen following a website hyperlink from an e-mail eAlert. All website hyperlinks authorised by us are for your information only and we will not require you to provide data in that manner.
	5.7	eAlerts sent by e-mail may not be encrypted and may not be free of virus, interception or tampering.
	5.8	You should inform us as soon as reasonably practicable if SMS messaging or any e-mail or website hyperlink appears to be irregular.
6.	Security
	6.1	You must keep your telecommunications equipment under personal control and keep your password, account and security details secret. You must take all reasonable precautions to prevent loss, theft or unauthorised or fraudulent use of your telecommunications equipment, your password, account, security details or other confidential information.
	6.2	You should choose a nick-name for every account designated by you for using the eAlerts Service. You should avoid names that are easy to guess such as your name or account number. You should check that eAlerts received by you that contain your account information quote the nick-name for the relevant account.
	6.3	You should re-set any pre-set SIM Card PIN Code. You should use your SIM Card PIN Code on your mobile phone as a security measure. You should also re-set your SIM Card PIN Code if you know or suspect that any other person knows it. You should avoid numbers that are easy to guess when you choose your SIM Card PIN Code.
	6.4	You should not tell any other person the nick-name of any account or your SIM Card PIN Code. You should not keep a written record of it in any way that may enable another person to use it.
	6.5	You should only use secure private e-mail sites with the protection of a password. You should keep your password secret and avoid choosing passwords that are easy to guess.
	6.6	You must inform us as soon as reasonably practicable of any matter which may affect our providing or your using the eAlerts Service. These matters include:
		(a)	if you know or suspect that any person knows your SIM Card PIN Code, nick-name of any account or password;
		(b)	if you know or suspect that any person uses your telecommunications equipment or accesses your information without authorisation;
		(c)	if your mobile phone is lost or stolen;
		(d)	if you change your mobile phone number or e-mail address; and
		(e)	if your contract with the relevant telecommunications service provider is terminated for any reason.
	6.7	You should check the telephone number, email address or website address of the sender of eAlerts to ensure that the eAlerts are genuine and sent by us.
	6.8	You should suspend use of SMS messaging of the eAlerts Service whenever you are outside Hong Kong. This is because eAlerts will have to be transmitted to your mobile phone through an overseas telephone network and its security cannot be guaranteed.
	6.9	If you travel outside Hong Kong without suspending the eAlerts Service, you authorise us to transfer information about you and your account to the relevant network operator and any other service provider for the purpose of providing the eAlerts Service to you outside Hong Kong. You further authorise us and them to use, transfer and store such information in such territories as are necessary for that purpose.
7.	Service providers supporting the eAlerts Service
	We may use any person (including any telecommunications service provider or other independent service provider) for supporting the eAlerts Service. That person is not our agent or nominee and we have no co-operation, partnership, joint venture or other relationship with it. We are not liable for any action, claim, loss, damage or liability of any nature which you may suffer or incur arising from or in connection with any act or omission of that person.
8.	Limitation of our liability and your indemnity
	8.1	Except as set out in Clause 8.2, we are not liable for loss, damage or expense of any kind which you may incur or suffer arising from or in connection with the following (or any of them):
		(a)	any failure or delay in providing the eAlerts for any reason (including as a result of failure or error of any computer or electronic system or equipment);
		(b)	any error or omission in the eAlerts;
		(c)	any disclosure of confidential information; and
		(d)	any loss or damage to your data, software, telecommunications equipment or other equipment arising from or in connection with your use of the eAlerts Service.
	8.2	If it is proved that the events in Clause 8.1 was caused by negligence or wilful default of (a) ours, (b) our agents or nominees, or (c) our officers or employees or that of our agents or nominees, then we will be liable for any loss and damage you incur or suffer that is direct and reasonably foreseeable arising directly and solely from such negligence or wilful default.
	8.3	We are not liable for any loss, cost or damage of any kind incurred or suffered by you as a result of any interruption, delay or failure (whether total or partial) in providing the eAlerts Service to you to the extent that it is attributable to any cause or circumstance that is beyond our reasonable control or the reasonable control of our agents or nominees.
	8.4	(a)	If we believe a communication sent through the eAlerts Service does not reach you, we may re-send it to the contact details you provided in accordance with the procedures for re-sending eAlerts set by us from time to time. If we believe a communication re-sent through the eAlerts Service does not reach you, we may in our discretion stop sending any further communication through the eAlerts Service.
		(b)	You are considered as having received a communication sent or re-sent through the eAlerts Service to the contact details you provided.
	8.5	(a)	Except as set out in Clause 8.5(b), you will indemnify and reimburse (i) us, (ii) our agents and nominees, and (iii) our officers and employees and that of our agents or nominees for all actions, proceedings and claims which may be brought by or against us or them, and for all losses, damages and reasonable costs and expenses which we or they may incur or suffer as a result of or in connection with our provision or your use of the eAlerts Service. This indemnity will continue after the termination of the eAlerts Service.
		(b)	If it is proved that any actions, proceedings, claims, losses, damages or amounts set out in Clause 8.5(a) was caused by negligence or wilful default of (i) ours, (ii) our agents or nominees, or (iii) our officers or employees or that of our agents or nominees, then you are not liable under Clause 8.5(a) to the extent that it is direct and reasonably foreseeable arising directly and solely from such negligence or wilful default.
9.	Charges (applicable to Chargeable Alerts)
	9.1	You may choose the eAlerts that you want to receive through the eAlerts Service. We charge a fee for providing Chargeable eAlerts at rates as we may set from time to time. We may charge for Chargeable eAlerts on an individual basis or by a monthly payment package. You should check with us regularly for the applicable fees and charges.
	9.2	You have to designate a Nominated Account for debiting the charges for Chargeable eAlerts. Without limiting or reducing our rights to debit your accounts (including set-off rights) under these Terms and Conditions, you authorise us to debit the charges for Chargeable eAlerts from the Nominated Account on a monthly basis or pursuant to a monthly payment package.
	9.3	We will charge for a Chargeable eAlert sent to you even if you do not receive it as long as that is not caused by our negligence or wilful default.
	9.4	If the same eAlert is sent to you through SMS messaging and e-mail, it will be counted as two eAlerts for the purposes of (i) charging for Chargeable eAlerts on an individual basis; and (ii) reducing the number of eAlerts available to you.
	9.5	We have the right to revise any existing charging structure or impose additional charges from time to time.
10.	Lifestyle eAlerts and Credit Card eAlerts
	10.1	You may register for Lifestyle eAlerts or Credit Card eAlerts (or both) under the eAlerts Service only if you satisfy the eligibility criteria we set from time to time. Such criteria may include your account being valid and in good standing. If you successfully register for Lifestyle eAlerts or Credit Card eAlerts but later fail to satisfy any such criteria, we may stop sending you Lifestyle eAlerts or Credit Card eAlerts (or both) with immediate effect without prior notice.
	10.2	Without being limited by Clause 10.1, we have discretion whether or not to register you for Lifestyle eAlerts or Credit Card eAlerts (or both) or whether or not to send you Lifestyle eAlerts or Credit Card eAlerts (or both) after registration even if you satisfy the eligibility criteria set by us.
	10.3	We do not charge any additional fee for providing Lifestyle eAlerts and Credit Card eAlerts.
11.	Suspension or termination of the eAlerts Service
	11.1	(a)	You may suspend or terminate the eAlerts Service at any time in such manner accepted by us from time to time.
		(b)	You have to set a start date and a finish date for suspending the eAlerts Service. We will resume to provide and charge for the eAlerts Service after the suspension period.
		(c)	You may reactivate the eAlerts Service during the suspension period at any time. We will resume the eAlerts Service as soon as reasonably practicable after receiving your reactivation request, and charges will accrue accordingly.
	11.2	We have the right to suspend or terminate the eAlerts Service for any reason without notice and without being liable in the following cases (or any of them):
		(a)	if any information you provided to us in connection with the eAlerts Service is or becomes incorrect or incomplete;
		(b)	if we believe that eAlerts have not been received by you or are being accessed by an unauthorised person;
		(c)	if the Nominated Account is closed for any reason;
		(d)	if there are insufficient funds or available credit facilities in the Nominated Account for paying charges for the Chargeable eAlerts;
		(e)	if there is equipment, system or network breakdown or maintenance; and
		(f)	if the relevant telecommunications service provider modifies its network or services.
	11.3	You will not receive any eAlerts when the eAlerts Service is suspended or terminated by you or us. Only for the purpose of calculating charges payable by you, termination of the eAlerts Service will be deemed to take effect on the 5th day of the month following the month in which the eAlerts Service is terminated unless we decide otherwise. You may reactivate the eAlerts Service before the 1st day of that month and charges will accrue accordingly. You cannot reactivate the eAlerts Service on or after the 1st day of that month. You have to enrol again if you want to use the eAlerts Service afterwards.
	11.4	We have the right to debit any outstanding charges from the Nominated Account even if the eAlerts Service is suspended or terminated. We will usually debit the Nominated Account on the 5th day of the month following the month the eAlerts Service is suspended or terminated.
	11.5	Charges for the eAlerts Service are in arrears. Any charges paid are non-refundable even if the eAlerts Service is suspended or terminated.
	11.6	Any suspension or termination of the eAlerts Service does not affect the liabilities and rights that have accrued to you and us respectively before the date of suspension or termination.
12.	Variation of terms
	We have the right to vary these Terms and Conditions (including any fees and charges) from time to time. We will give you notice by way of display at our premises or in any other manner we consider appropriate. You will be bound by a variation unless we have received notice from you to terminate the eAlerts Service with effect before the date on which that variation takes effect.
13.	Waivers and remedies
	A waiver by us of any provision of these Terms and Conditions will be effective only if given by us in writing and any such provision is waived only to the extent that is expressly stated in our written notice. No failure or delay by us in exercising any right, power or remedy will operate as a waiver of that right, power or remedy. Nor will any single or partial exercise preclude any other or further exercise of a right, power or remedy. Any right, power or remedy under these Terms and Conditions is intended to be cumulative and in addition to any other right, power or remedy we have in law.
14.	Communications
	14.1	Unless we specify otherwise, you will be considered as having received any notice given by us:
		(a)	at the time of personal delivery or leaving it at the address last notified in writing by you (if delivered personally);
		(b)	48 hours after posting it to the above address if that address is in Hong Kong or seven days after posting if that address is outside Hong Kong (if sent by post);
		(c)	immediately after faxing it to the fax number last notified in writing by you (if sent by fax);
		(d)	immediately after emailing it to the email address last notified in writing by you (if sent by email); or
		(e)	immediately after placing it in the Personal Internet Banking profile maintained by you with us (if made available there).
	14.2	Communications sent by you to us will be considered as having been received by us on the day of actual receipt.
	14.3	(a)	If you enrol for the eAlerts Service via HSBC Internet Banking or in person at any of our branches, you will be considered as having received a copy of these Terms and Conditions upon enrolment.
		(b)	If you enrol for the eAlerts Service via Phone Banking, you will be considered as having received a copy of these Terms and Conditions five days after the date of enrolment or on your first receipt of an eAlert (whichever is earlier), unless you notify us within a reasonable time that you did not receive the copy.
15.	Your information
	15.1	You confirm that all your information provided to us is, to the best of your knowledge, complete, accurate and up-to-date.
	15.2	You agree to inform us promptly in writing if there are any changes to your information supplied to us from time to time.
16.	Partial invalidity
	If any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable, such illegality, invalidity or unenforceability does not affect any other provision which remains in full force, validity and effect.
17.	Third party rights
	No person other than you and us will have any right under the Contracts (Rights of Third Parties) Ordinance to enforce or enjoy the benefit of any of the provisions of these Terms and Conditions.
18.	Governing law and version
	18.1	These Terms and Conditions are governed by and will be construed according to Hong Kong laws.
	18.2	The English version of these Terms and Conditions prevails to the extent of any inconsistency between the English and the Chinese versions. Any Chinese version of these Terms and Conditions is for reference only.
19.	Jurisdiction
	19.1	You submit to the non-exclusive jurisdiction of the Hong Kong courts.
	19.2	These Terms and Conditions may be enforced in the courts of any competent jurisdiction.
Definitions
Chargeable eAlerts means eAlerts for which we may impose charges.
eAlerts Service means the service which we may provide pursuant to these Terms and Conditions.
Hong Kong means the Hong Kong Special Administrative Region of the People's Republic of China.
Nominated Account means the account designated by you for paying charges for Chargeable eAlerts.
person includes an individual, sole proprietorship, partnership, firm, company, corporation or unincorporated body of persons.
SIM Card PIN Code means the SIM Card personal identification number on your mobile telephone.
telecommunications equipment includes mobile telephones, laptop computers, desktop personal computers, pocket personal computers, personal digital assistants and any other electronic media or equipment.
we, us, our means The Hongkong and Shanghai Banking Corporation Limited of 1 Queen's Road Central, Hong Kong, a registered institution under the Securities and Futures Ordinance (Cap. 571, Laws of Hong Kong) with central entity number AAA523, and its successors and assigns.
you or your means each person to whom the eAlerts Service is provided and, where the context permits, includes any individual authorised by you to give instructions relating to the eAlerts Service.