Please read this Agreement carefully before using HSBC MasterCard® Online Access. It contains liability exclusions and limitations and other important provisions. By clicking "Accept" and using HSBC MasterCard® Online Access, you acknowledge and signify that you have read and understood this Agreement and agreed to be bound by this Agreement. If you do not agree with all of the provisions of this Agreement, you may not use HSBC MasterCard® Online Access.
1. Definitions. In this Agreement:
"Account" means your HSBC MasterCard® account to which you request access through the HSBC MasterCard® Online Access site;
"Card" means a HSBC MasterCard® card issued by us and any renewal or replacements of it that we may issue from time to time.
"Cardholder Agreement" means the HSBC MasterCard® cardholder agreement(s) which govern(s) the operation of your Account;
"HSBC MasterCard® Online Access" means our Internet service available to HSBC MasterCard® customers and includes on-line access to Account information made available by us, requests for balance transfers and credit limit increases, general information relating to rates and access to other benefits and services available in association with the HSBC MasterCard®;
"Password" means the combination of numbers or letters you select for your confidential use to identify you and to gain access to HSBC MasterCard® Online Access;
"Personal Information" means any identifiable information about you. It may include, but is not limited to your name, address, date of birth, gender, identification numbers, income, employment, assets, liabilities, source of funds, payment records, personal references, investment objectives, financial plans, credit reports and other financially-related information. It may also include habits, personality, travel or movement details, lifestyle, leisure activities, qualifications, skills and career history.
"Primary Cardholder" means the person who applied for a Card, as primary cardholder, and in whose name we opened an Account.
"Secondary Cardholder" means the person who applied for a Card, as secondary cardholder.
"Transaction" means any transaction performed or requested to be performed through HSBC MasterCard® Online Access, including a request for or disclosure of information about an Account;
"we", "us" and "our" are references to HSBC Bank Canada;
"you" and "your" means each person who requests access to HSBC MasterCard® Online Access or uses HSBC MasterCard® Online Access.
2. Accepting this Agreement
This Agreement governs your use of HSBC MasterCard® Online Access. By clicking "Accept" and using HSBC MasterCard® Online Access, you signify that you agree to be bound by this Agreement as it may be amended from time to time. If you do not agree with all of the terms and conditions of this Agreement, you may not use HSBC MasterCard® Online Access.
3. Changes to this Agreement
We may change this Agreement periodically. We will notify you of a change to this Agreement by doing one of the following at least 30 days prior to the change: (a) posting the changes on this Web site; or (b) sending you an electronic message. If you make any Transaction or use HSBC MasterCard® Online Access after the effective date of a change to this Agreement, it will mean that you agree to the change. You should therefore review this Agreement periodically for changes.
4. Scope of this Agreement
This Agreement is in addition to any other agreements you have with us (now or in the future) concerning your Account or HSBC MasterCard® Online Access. If there is a conflict between this Agreement and the Cardholder Agreement, the Cardholder Agreement will prevail.
5. Interest and Fees
When you conduct Transactions through HSBC MasterCard® Online Access, interest and fees will be charged to your Account in accordance with your Cardholder Agreement.
6. Accessing HSBC MasterCard® Online Access
To access HSBC MasterCard® Online Access, you must be either the Primary Cardholder or the Secondary Cardholder, you must have your Account number and you must choose a Password. You agree that the Password you choose will be different from any personal identification number or other secret code you use for the Account or other banking services. You may not use your birth date, your telephone number, your address or any other readily identifiable combination of letters or numbers in your Password. You agree to change your Password regularly and not to use any previously used Password.
Your Password is for your use alone and you agree to keep it secret and not reveal it to any person. You agree to take all reasonable precautions to maintain the secrecy of your Password, including ensuring that any information stored on any computer with which you access HSBC MasterCard® Online Access is protected against unauthorized access by third parties.
You agree to memorize your Password and not to record it anywhere. Some internet browser applications allow the user to electronically store passwords for easy future access to a particular web site; you agree not to use this "save password" feature in conjunction with HSBC MasterCard® Online Access. You agree that we are not responsible for the security or confidentiality of your Account information or instructions until actually received by us. Once you have initiated a HSBC MasterCard® Online Access session, you will under no circumstances leave the internet terminal from which you have accessed HSBC MasterCard® Online Access until you have terminated that session and have logged-off HSBC MasterCard® Online Access. You will be responsible for ensuring that you have logged-off of HSBC MasterCard® Online Access at the termination of any HSBC MasterCard® Online Access session. You will also be solely responsible for implementing any and all browser security measures available through your web browser, including, closing your web browser or clearing your browser's cache after an HSBC MasterCard® Online Access session.
You agree to inform us immediately of any actual or suspected loss, theft or unauthorized use of your Card, Personal Identification Number (PIN), Account number or Convenience Cheques or if your Password has become or may have become known to another person or might otherwise be available for unauthorized use of HSBC MasterCard® Online Access.
7.Using HSBC MasterCard® Online Access
You are responsible for ensuring that any instructions regarding your Account received by us through HSBC MasterCard® Online Access are true, accurate, and complete. You acknowledge that we will rely upon the truth, accuracy and completeness of your instructions.
You request and authorize us to accept, rely upon and act upon your instructions given in any manner permitted by HSBC HSBC MasterCard® Online Access as if you had given signed written instructions to us, even if they may conflict with any other mandate given at any time concerning your Accounts. You request and authorize us to process any Transactions in accordance with instructions received through HSBC MasterCard® Online Access and charge any interest and fees that may apply to such Transactions, in accordance with your Cardholder Agreement.
We are not required to confirm the identity or authority of any person using your Account number and Password to make Transactions. However, we may, in our sole discretion, require proof at any time of the authority of any person seeking to make Transactions in your name for your Account using your Account number and Password and may refuse to accept any instructions if we are not satisfied with such proof. We are not liable for any loss or damage suffered by you or a third party by reason of any failure of or refusal by us to give effect to any instructions or for any delay by us in implementing any instructions.
We may also refuse to complete or may reverse any Transaction if: (a) the Transaction is one that we cannot process; (b) the Transaction exceeds your credit limit or violates any provision in any agreement you may have with us; (c) the Transaction is a balance transfer to a business or other person that does not accept the Transaction; (d) there is an operational failure or malfunction in HSBC MasterCard® Online Access; or (e) the Transaction involves an Account that we consider inactive.
If you make an error using HSBC MasterCard® Online Access, you agree to contact us immediately at [complete]. You acknowledge that you may not be able to stop or reverse a Transaction made through HSBC MasterCard® Online Access.
You agree that we may suspend or restrict your right to use HSBC MasterCard® Online Access or the services available through HSBC MasterCard® Online Access at any time without prior notice to you.
E-mail sent over the Internet is not secure and may be lost, intercepted, or altered. If you send us information by e-mail, we will not be liable if it is lost or intercepted, altered or misused by someone else. If you send us e-mail, you agree that we may (at our sole discretion) respond to you by e-mail, and provide by e-mail any information that you have requested. You also agree that we may send you information by e-mail as indicated on HSBC MasterCard® Online Access (such as to confirm Transactions). We will not be liable if any of the information we provide is lost or intercepted, altered or misused by someone else.
9. Use an Anti-Virus Program and Firewall; Signing Off
The computer you use may be vulnerable to viruses or online attacks that seek to intercept sensitive information that you provide through the Internet. To reduce the chances of harm, you should ensure that any computer you use to access HSBC MasterCard® Online Access (including a computer at work, the library, an Internet cafe or another public place) has an up-to-date anti-virus program and a firewall.
YOUR USE OF HSBC MASTERCARD® ONLINE ACCESS AND THIS WEB SITE IS AT YOUR OWN RISK. HSBC MASTERCARD® ONLINE ACCESS, THIS WEB SITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
11. Liability Exclusion
YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY EQUIPMENT ARISING FROM OR CONNECTED TO YOUR ACCESS TO THIS WEB SITE AND HSBC MASTERCARD® ONLINE ACCESS.
WITHOUT LIMITING THE ABOVE, WE DO NOT REPRESENT OR WARRANT THAT:
(A) HSBC MASTERCARD® ONLINE ACCESS, THIS WEB SITE OR ITS CONTENT WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR THAT THEY WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED; OR
(B) THE USE OF HSBC MASTERCARD® ONLINE ACCESS AND THIS WEB SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY CONTENT, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR
(C) THE USE BY YOU OF HSBC MASTERCARD® ONLINE ACCESS AND THIS WEB SITE OR ITS CONTENT WILL NOT INFRINGE THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY THIRD PARTY.
OTHER THAN AS PROVIDED FOR IN YOUR CARDHOLDER AGREEMENT, WE WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (DIRECT, INDIRECT OR CONSEQUENTIAL) RELATING TO THE USE OF HSBC MASTERCARD® ONLINE ACCESS AND THIS WEB SITE BY YOU OR ANYONE ELSE (INCLUDING WITHOUT LIMITATION, LOSS OF USE, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF PROFITS AND THIRD PARTY CLAIMS).
WITHOUT LIMITING THE ABOVE, WE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES SUFFERED AS A RESULT OF OUR FAILURE OR DELAY IN ACCEPTING OR PROCESSING A TRANSACTION OR AS A RESULT OF ANY FAILURE ATTRIBUTABLE TO ANY THIRD PARTY. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES SUFFERED AS A RESULT OF THE OPERATIONAL FAILURE, MALFUNCTION, INTERRUPTION, CHANGE, AMENDMENT OR WITHDRAWAL OF HSBC MASTERCARD® ONLINE ACCESS.
OTHER THAN AS PROVIDED FOR IN YOUR CARDHOLDER AGREEMENT, IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, UNDER ANY THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY US OR ANYONE FOR WHOM WE ARE RESPONSIBLE, IN AN AMOUNT EXCEEDING $100 (CDN) OR THE AMOUNT YOU PAID TO US FOR THE USE OF HSBC MASTERCARD® ONLINE ACCESS, WHICHEVER IS LESS.
13. Account Records
You agree that our records are conclusive evidence of your dealings with us through HSBC MasterCard® Online Access, unless you provide clear proof that our records are wrong or incomplete.
You agree not to object to the admission of our records as evidence on any legal proceeding on the ground that such records are not originals, are not in writing, are hearsay, or are documents containing information extracted from a computer.
Unless we, in our absolute discretion advise you otherwise, if there is any discrepancy between online information communicated through the HSBC MasterCard® Online Access system and information contained in any of the monthly Account statements issued in connection with your Account or otherwise, the information contained in such Account statements will be deemed to be correct and the online HSBC MasterCard® Online Access information will be deemed to be amended accordingly.
14. Termination of this Agreement
We may terminate this Agreement and your right to use HSBC MasterCard® Online Access at any time without prior notice to you. This Agreement will continue to apply in respect of your past access. We will not be liable for any losses, damages, expenses or inconvenience that results from our withdrawal of access to HSBC MasterCard® Online Access.
You agree that all Personal Information about you and your Account, including information received or transmitted through HSBC MasterCard® Online Access, shall be collected, used and disclosed as set forth in your Cardholder Agreement.
16. Governing Law
Except if prohibited by the laws of your jurisdiction, this Agreement, your use of HSBC MasterCard® Online Access, this Web site and its content are governed exclusively by the laws of the province of Ontario and the laws of Canada applicable therein.
You agree to exclusively attorn to and be bound by the Courts of Ontario to the exclusion of the jurisdiction of any other province or country. Any claim or cause of action you may have arising from or relating to this Agreement, your use of HSBC MasterCard® Online Access, this Web site or its content, must be commenced in such a Court within one (1) year after the claim or cause of action arises, after which time the claim or cause of action shall be barred.
17. General Provisions
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of the Agreement and shall not affect the validity and enforceability of any remaining provisions.
No waiver by either you or us of any breach of or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default.
All parties expressly requested that this Agreement and all related documents, including notices, be drawn up in the English language. Les parties ont expressément demandé que cette convention et tout document y afférent, y compris tout avis, soit rédigés en langue anglaise.