1. Scope of Service
1.1 Our provision and your use of the Service are governed by these Terms and Conditions. In addition, all
agreements, terms and conditions governing the respective services and products covered by the
Service from time to time continue to apply unless we agree otherwise. For the purpose of the Service,
the provisions of these Terms and Conditions prevail over such other agreements, terms and conditions
to the extent of any inconsistency between them.
1.2 We have the right to specify or vary the scope and extent of the Service and its features from time to
time without prior notice
2. Provision and use of the Service
2.1 You should ensure that:
(a) you have a valid PIB Profile (if applicable);
(b) you use such telecommunications equipment, telecommunications service provider and computer
software that is capable of receiving and reading the eCorrespondence, as accepted by us from
time to time; and
(c) your email address and mobile phone number on our record are at all times (i) valid, (ii) up-to-date
and (iii) capable of receiving the eCorrespondence and any other messages from us.
2.2 Each eCorrespondence will be provided to you in the following ways (or any of them) as determined by
us from time to time:
(a) by placing it in your PIB Profile and
(b) by sending it to your email address on our record.
2.3 You are responsible for paying all fees, charges and expenses for your telecommunications equipment
and services provided by your telecommunications service provider in connection with the Service.
2.4 Where an eStatement is placed in your PIB Profile, we have no obligation but may notify you that the
latest eStatement has been made available. We may notify you by sending a message to your email
address on our record.
2.5 You can choose to have eCorrespondence only or receive both paper statements and eCorrespondence. This preference applies to all insurance policies you owned with us. Unless we decide otherwise and subject to Clauses 2.6 and 2.7, if you have chosen eCorrespondence only, we will not provide the corresponding paper correspondence (as the case may be) to you.
2.6 Where you have chosen to have eCorrespondence only, we may at our discretion but are not obliged to provide, at your request, the corresponding Statement or Advice in paper form after sending an eCorrespondence.
2.7 Where we provide an eCorrespondence to you by email:
(a) if we believe it has been successfully sent to your email address, we will not re-send it again (and
we will not attach any e-statement which may be sent to you separately);
(b) if we believe that it does not reach you, or if you notify us that you cannot view eStatements/eAdvices, we may (but are not obliged to) do the following (or any of them):
(i) re-send it in accordance with our procedures for re-sending eCorrespondence set by us from
time to time;
(ii) notify you by any way we consider appropriate and you must comply with any of our
instructions in such notification;
(iii) send you the corresponding Statement or Advice to your mailing address on our record; and
(iv) dispose of the said eCorrespondence as we may decide, including deleting or removing the
eCorrespondence from our systems and record; and
(c) you should not reply to such email as it is a one-way message.
2.8
(a) You agree to carefully review, in a timely manner, all eCorrespondence provided to you. You are
responsible to promptly inform us any changes in your personal data, including but not limited to
any contact telephone number, mobile number and email address for updating our records for
eCorrespondence and insurance related matters. You agree to advise us promptly of any error,
omission, discrepancy, unauthorised debit or irregularity in the entries or transactions shown in
each eCorrespondence, whether caused by forged signature or other forgery, fraud, lack of
authority or negligence of any person.
(b) You should promptly notify us of any alleged error, omission, discrepancy, unauthorised debit orirregularity shown in an eCorrespondence If we do not receive any such notice from you, (i) the eCorrespondence will be considered as correct, conclusive and binding on you, and (ii) you
will be considered to have waived any right to raise any objection or pursue any remedies against us in relation to that eCorrespondence.
2.9 You understand that an eCorrespondence placed in your PIB Profile or sent by email will only be
available for a limited period as determined by us from time to time. We will periodically remove past
eCorrespondence from your PIB Profile even if you have not viewed, accessed or saved them. You
will not be able to open eCorrespondence more than 24 months ago so you should save a decrypted
version of the eCorrespondence (e.g. in pdf format) in your telecommunications equipment for
retention and record purpose.
2.10
(a) An eCorrespondence placed in your PIB Profile will be considered as having been delivered to you
at the time it is placed in your PIB Profile according to our record.
(b) An eCorrespondence provided to you by email will be considered as having been delivered to you
at the time the eCorrespondence was sent or re-sent according to our record.
2.11 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.
2.12 We may use any person for supporting the Service, including any telecommunications service
provider or other independent service provider. 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.
2.13 You should not regard any information or communication contained in (a) an eCorrespondence, (b)
the cover email, or (c) any hyperlink accompanying (a) or (b) as an offer or solicitation to subscribe for
any service or product in any jurisdiction where it is unlawful to make such offer or solicitation to you
in such jurisdiction.
2.14 You confirm that all information provided to us for the purposes of or in connection with the Service
is complete, accurate and up-to-date at all relevant times. You agree to notify us promptly (by such
means accepted by us) of any change in the information.
2.15 Upon approval of the application for change of statement delivery preference, the current means for receiving / delivering of statements and advices under the terms of the policy contract will be replaced according to your latest approved instruction.
3. Security
3.1 You understand and accept all possible risks involved in how eCorrespondence is provided. Such risks
may include that eCorrespondence may be intercepted, monitored, amended, tampered with or
disclosed to other parties without your authorisation.
3.2 You are responsible for the security of your telecommunications equipment. You must take all
reasonable precautions to prevent anyone else from accessing any confidential information including
the eCorrespondence sent to your telecommunications equipment.
3.3 You must keep your Password and other security details secret. You must also take all reasonable
precautions to prevent your Password, other security details and email address from unauthorised or
fraudulent use.
3.4 You should change your Password from time to time to guard against unauthorised or fraudulent
access to the eCorrespondence sent to your email address.
3.5 You should never respond to a request to provide your Password, account, security details or your
personal data, even if the request appears to be from us. We will never make such a request.
3.6 You should never provide your account or personal data on screen following a website address or
hyperlink from an eCorrespondence. All website addresses and hyperlinks authorised by us are for
your information only and we will not require you to provide data in that manner.
3.7 You should check the email address or website address of the sender of the eCorrespondence to
ensure that the eCorrespondence is genuine and sent by us.
3.8 You must notify us promptly and in such manner as we may accept from time to time if (a) you fail to
receive, access or view any eCorrespondence, or (b) there is any delay in or any other problem with
your receiving, accessing or viewing any eCorrespondence from us.
3.9 You must inform us as soon as reasonably practicable and in such manner as we may accept from
time to time of any matter which may affect our provision of or your use of the Service. These matters
include the following (or any of them):
(a) if you know or suspect that any person knows your Password or your PIB Profile log-on credentials;
(b) if you know or suspect that any person has, without your authorisation, accessed your PIB Profile,
your email address, your eCorrespondence or any telecommunications equipment for receiving your
eCorrespondence;
(c) if you change your email address or other contact details;
(d) if your internet or telecommunications service or equipment has or will be suspended or terminated
for any reason; and
(e) if any email, eCorrespondence, website hyperlink or your PIB Profile appears to be irregular.
4. Limitation of our liability
4.1 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 eCorrespondence 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 eCorrespondence;
(c) any disclosure of confidential information;
(d) any loss or damage to your data, software, telecommunications equipment or other equipment
arising from or in connection with your use of the Service; and
(e) any suspension or termination of the Service under any other circumstance.
4.2 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 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.
5. Your indemnity
5.1 Except as set out in Clause 5.2, you will indemnify (a) us, (b) our agents and nominees, and (c) 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 the following (or any
of them):
(a) any failure or delay in providing the eCorrespondence 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 eCorrespondence;
(c) any disclosure of confidential information;
(d) any loss or damage to your data, software, telecommunications equipment or other equipment
arising from or in connection with your use of the Service; and
(e) any suspension or termination of the Service under any other circumstance.
This indemnity shall continue after the termination of the Service or these Terms and Conditions.
5.2 If it is proved that any actions, proceedings, claims, losses, damages or amounts set out in Clause 5.1
was caused by gross 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 you are not liable under Clause 5.1 to the
extent that it is direct and reasonably foreseeable arising directly and solely from such gross negligence
or wilful default.
6. Termination or suspension of the Service
6.1 You may terminate the Service at any time in such manner accepted by us from time to time.
6.2 We have the right to suspend or terminate all or any part of the Service for any reason without notice.
6.3 Without limiting or reducing the effect of Clause 6.2, we may suspend all or any part of the Service
without giving you notice where we have reason to believe that (i) the security of your PIB Profile,
email address or the eCorrespondence sent to you has been compromised, or (ii) the eCorrespondence
will no longer reach you at your PIB Profile or email address. In that case, until the suspension is lifted,
we will send those eCorrespondence to your mailing address in accordance with our procedures from
time to time.
6.4 Any suspension or termination of the Service does not affect the liabilities and rights between you and
us respectively before the date of suspension or termination.
7. Variation of terms
We have the right to vary these Terms and Conditions 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 Service with effect before the date on which that
variation takes effect.
8. Waivers and remedies
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.
9. Communications
9.1 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 PIB Profile maintained by you with us (if made available there).
9.2 Communications sent by you to us will be considered as having been received by us on the day of
actual receipt.
10. Direct marketing
We may from time to time include within the Service or send with the eCorrespondence marketing
materials relating to our products and services or those offered by other HSBC members and selected
third parties, if we have your consent or no objection or otherwise permitted by law.
11. 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.
12. 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.
13. Governing law and version
13.1 These Terms and Conditions are governed by and will be construed according to Hong Kong laws.
14. Jurisdiction
14.1 You submit to the non-exclusive jurisdiction of the Hong Kong courts.
14.2 These Terms and Conditions may be enforced in the courts of any competent jurisdiction.
Definitions
Advice means any advice, report, confirmation, receipt, record, acknowledgement, notice, message or communication issued or made available by us from time to time in paper form in relation to any Account, service or product offered by us, and marked as such and excludes a Statement.
eAdvice means an Advice issued or made available by us from time to time in electronic form under the Service.
eCorrespondence means an eStatement or an eAdvice (or both).
eStatement means a Statement issued or made available by us from time to time in electronic form under the Service.
Hong Kong means the Hong Kong Special Administrative Region of the People's Republic of China.
Password means the password designated by you or us from time to time for accessing eCorrespondence sent to your email address.
person includes an individual, sole proprietorship, partnership, firm, company, corporation or unincorporated body of persons.
PIB Profile means your personal profile in HSBC Internet Banking through which you can access, view and transact your Accounts and use other services after entering your personal log-on credentials.
Service means the eStatement and eAdvice service which we may provide pursuant to these Terms and Conditions.
Statement means any statement, report, confirmation, receipt, record, acknowledgement, notice, message or communication issued or made available by us from time to time in paper form in relation to any Account, service or product offered by us, and marked as such and excludes an Advice.
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 HSBC Life (International) Limited, incorporated in Bermuda with limited liability.
you or your means each person to whom the Service is provided and, where the context permits, includes any individual authorised by you to give instructions relating to the Service.