Secure Online Payments

These Terms and Conditions ("Terms") explain your responsibilities and obligations relating to your use of HSBC's MasterCard® SecureCodeTM service ("Service") facilitated by the One Time Password (OTP) /Securepay password (applicable for primary credit card holders only). By availing of the SecureCode authentication Service via SMS OTP / Securepay password you acknowledge that you have read and understood these Terms and you agree to be bound by them.

1. Definitions
   
   In these Terms references to:
   
   "card" means the VISA credit card issued by HSBC India
   
   "including" means including, without limitation to the generality of the surrounding words;
   
   "Securepay password" refers to the alphanumeric password that can be created by primary cardholders in Internet banking for authentication of online transactions;
   
   "our", "ours", "us" and "we" refer to The Hongkong and Shanghai Banking Corporation Limited, India; ("HSBC / Bank") and
   
   "you", "your" and "yours" refer to you, our Customer.
   
   "Service" means the use of HSBC’s Verified by VISA (VBV) authentication service facilitated by One Time Password (OTP) through SMS or Securepay password
2. Applicable terms
   a.  When you use the Service, you must comply with these Terms and other applicable terms, including the terms relating to your credit card like the credit card terms and conditions and the terms governing the usage of our website from which you access the Service which include the 3 statements:
           i.  Privacy and Security,
          ii.  Terms of Use and
         iii.  Hyperlink Policy.
   b.  If these Terms contradict other applicable terms, these Terms will (in relation to your use of the Service) override those other terms to the extent that there is a contradiction.
3. Changing these Terms, the Service, and fees
   
   HSBC India reserve’s the right to change these Terms from time to time and you shall be bound by the same. You are required to visit our website www.hsbc.co.in to verify if there are any changes to the Terms prior to undertaking any transactions under the Service. In the event there is any change in the fees/tariff for availing the Services and fees relating to the Service, at any time, with HSBC India will provide a prior notice of at least 30 days. Notice of any changes to these Terms may be made by posting a notice on our website, advertisement or such other means as we, acting reasonably, may determine. You can access the current version of these Terms on our website www.hsbc.co.in.
   
4. Your Securepay password and PAM [Your Security Duties]
   
   a.  When you register for the Service, you will need to designate a Securepay password ("Password") and a Personal Assurance Message ("PAM"). After registration, this personal assurance message will be displayed every time you are conducting a transaction on a website using your Card.
   b.  In addition to the SMS OTP, we use your Password to identify you. Clause 10 sets out your liabilities with respect to everything that is done with your Password.
   c.  You should use your PAM to identify us.
   d.  You must keep your Password and your PAM secret and secure at all times and take steps to prevent unauthorized use of your Password and your PAM.
   e.  You agree to follow the guidance and any security recommendation or procedures issued by us from time to time including those provided online. Your failure to do so will constitute a breach of these Terms and will be deemed as negligence on your part.
5. Registration
   
   a.  You can register for the Service by logging on to HSBC Personal Internet Banking and following our online registration procedures
   b.  By registering for the Service, you are authorising us to use and retain certain information about you and your cards registered for MasterCard SecureCode.
   c.  Your registration for the Service is subject to our approval.
   d.  Your failure to register for the Service may result in your inability to use your credit cards for online transactions.
6. Your information
   
   a.  You must provide information that we reasonably request to enable us to provide the Service. If you do not provide the information we request, we may not be able to provide the Service to you. You must ensure that information you provide to us in relation to the Service is true, complete and up-to-date at all times.
   b.  Information about your use of the Service may be used for record keeping and reporting purposes, as well as to help resolve transaction disputes. Your information relating to the Service, however, will not be transferred by us to the merchants.
   
7. Authentication
   
   a.  By using  the Service, you authorize HSBC India to authenticate your identity, your credit cards and/or the use of your credit cards to make payment for the online transactions concerned for which HSBC shall not in any manner be liable.
   b.  You agree to follow the guidance and any security recommendation or procedures issued by us from time to time including those provided online. Failure to do so will constitute a breach of these Terms and will be deemed as negligence on your part.
    c. By using the One-Time Password (“OTP”) service, you will be deemed to have accepted and agreed to comply with these terms, which shall operate in addition to all other applicable terms, including our applicable data policies, the terms and conditions governing the use of your Credit Card, the terms            and conditions governing the use of our website (which include the Website Conditions of Use) and any security measures provided by us from time to time for online shopping or the Service.
   d.  When engaging in an online transaction or other transactions for which the Service is applicable, you are required to enter an OTP sent to you via SMS or the Securepay password before the merchant accepts your card to pay for the transactions. If you cannot provide the OTP or the authentication through the Service fails, the merchant may not accept your card to pay for the transactions concerned. We will not be liable for any Merchant's refusal to accept your card for the said payment for any reason whatsoever.
   e.  Cardholders will be responsible for the accuracy of their personal details provided by them to the Bank. Cardholders must inform the Bank immediately of any change in his/her particulars.
   f.  Cardholders will ensure that his/her mobile phone and number is able to receive text messaging both in India and overseas. Cardholders will be responsible for any fee imposed by their respective mobile phone service provider.
   g.  The service of authentication via SMS OTP is subject to the Terms and Conditions of the cardholder’s agreement with their mobile phone service provider.
   h.  Cardholders acknowledge and agree that the sending of any SMS alert by HSBC and/or its receipt by cardholders may be delayed or prevented by factor(s) outside of HSBC’s control.
   i.   HSBC will not be liable for any or all losses, damage, expenses, fees costs, (including legal costs on a full indemnity basis), that may arise, directly or indirectly, in whole or in part, from (a) the non-receipt of an Alert; (b) the non-delivery, the delayed delivery, or the misdirected delivery of an Alert; (c) inaccurate or incomplete content in an Alert; (d) reliance on or use of the information provided in an Alert for any purpose; or (e) any third party, whether authorised or not, obtaining cardholder account information contained in the alert by accessing the cardholder’s mobile phone.
   j.  You are fully responsible and liable for all transactions made by using the OTP received by you or using the Securepay password. 
   k. You must not allow any unauthorised access or any other person access to the credit card, your PAM, passwords and OTP used for accessing the Service.
   l.  You are required to keep the OTP secret at all times and must not disclose it to any person or write it down or record it in a manner that could result in its disclosure or misuse.
   m. If you discover that your credit card details or the OTP may have been used in an unauthorised way, you must notify us as soon as reasonably possible by calling our PhoneBanking Service. In certain circumstances, we may also require you to make a police report accompanied by any other information we may require.
   n.  You accept that you are responsible for the use of the Service and agree to act prudently and in good faith, including by taking the measures listed below to safeguard the security of the Service and the OTP. You must also follow our security recommendations (copies of which are provided on our website) and any other notices relating to the Service from time to time issued. If you fail to observe any such notices and/or your responsibilities under these  terms, you are liable for all claims, losses, liabilities and other consequences arising from or in connection with the use of the Service
   o.  HSBC will be entitled to prescribe or amend these terms and conditions including methods for the use of the Service, as well as the channel for provision or use of the Service, as HSBC deems appropriate.
   p.  HSBC will cease to provide the Service:
         a.  if the card account is closed
         b.  upon the death or contractual incapacity of the cardholder;
         c.  in the event of improper operation of the card account by the cardholder; or
         d.  at its own discretion.
   q.  HSBC reserves the right to begin charging a fee for such a service by giving 30 days prior notice to the cardholder.
8. Accuracy of information
   If there is any inconsistency between our internal records, and information relating to your cards and the related card accounts or your use of the Service, our internal records will prevail in the absence of evidence to the contrary.
9. Exclusion of warranties and limitation of our liability
   
   Subject to Clause 10:
   
     i.  we give no warranties or conditions (whether express, implied, statutory or otherwise) in relation to the Service,  including any warranties and conditions of merchantability, fitness for a particular purpose, good title and non-infringement;
    ii.  in no event will we be liable to you for any incidental, consequential, indirect damages (including loss of profits and business interruption), or special or exemplary damages;
   iii.  in no event will we be liable to you for any incidental, consequential, indirect damages (including loss of profits and business interruption), or special or exemplary damages;
   iv.  we cannot be held liable to you or any third party for any modification, enhancement, suspension or discontinuance of HSBC India's MasterCard SecureCode service, whether within or outside our control. 
10. Your liability [for unauthorised transactions]
    
    a.  If you have acted negligently or fraudulently, you are liable for all claims, losses and consequences arising from or in connection with your use of the Service.
    b.  If you let any other person use your SMS OTP or Securepay Password or have knowledge of your PAM, you are liable for all claims, losses and consequences arising from or in connection with all transactions made using the Service by or with the consent of that person.
    c.  If you have contributed to an unauthorised transaction, you may be liable for some or all of the losses resulting from the unauthorised transaction. Ways you can contribute to an unauthorised transaction include, selecting an unsuitable Securepay password, keeping a written record of your OTP or Securepay password / PAM, disclosing your OTP or Securepay password / PAM to any other person, failing to take reasonable steps to prevent disclosure of your OTP or Securepay password / PAM to any other person, failing to take reasonable steps to observe any of your security duties referred to in these      Terms and unreasonable delay in notifying us of an actual or possible disclosure to any other person of your OTP or Securepay password / PAM.
    d.  If you have promptly reported an actual or possible disclosure of your OTP or Securepay password / PAM to us, you are not liable for loss occurring after you have notified us unless you have acted fraudulently or negligently. 
    e.  You are not liable under these Terms for loss caused by: 
          i.  fraudulent or negligent conduct by our employees or agents, or parties involved in the provision of the Service;
         ii.  unauthorised transactions occurring before you have established a Securepay Password or PAM;
        iii.  faults that occur in our systems, including the systems used to provide the Service, unless the faults are obvious or advised by a notice or message;
        iv.  any other transactions where it is clear that you could not have contributed to the loss.
    f.  Clauses 10(a) to (e) set out your liability for use of your SMS OTP or Securepay password / PAM. Except to the extent that Clauses 10(a) to (e) limit your liability in specific circumstances, you are liable to indemnify us for all claims, losses and consequences arising from or in connection with your use of the      Service, use of the Service by any person using your OTP, and losses and consequences otherwise caused or contributed to by you.
    
11. Suspension and Termination
    We reserve the right to at any time suspend the Service without notice where we consider necessary or advisable to do so, for example, to protect you when there is a suspected breach of security, or when we have reasonable grounds to suspect that your registration data is untrue, inaccurate, not current or incomplete or we need to suspend the Service for maintenance or other reasons.
    a.  We may terminate the Service or its use by you, after  giving you sufficient notice and / or reason. 
    
12. General
    a.  Communications:
         Communications from us are deemed to have been received by you (where delivered personally) at the time of personal delivery or on leaving it at the address last notified by you to us, (where sent by post) 5 Days after posting / couriering if the address is in India and 10 days after posting / couriering if        the address is outside India or (where sent by facsimile transmission, or email) immediately after transmitting to the facsimile or email address last notified in writing by you to us. Communications sent by you to us are deemed to be delivered to us on the day of actual receipt.
    b.  Severability:If any part of these Terms is held by any court or administrative body of competent jurisdiction to be illegal, void or unenforceable, such determination will not impair the enforceability of the remaining parts of these terms;
    c.  Waiver:
         A waiver by us of any provision of these Terms will not be effective unless given in writing, and then it will be effective only to the extent that it is expressly stated to be given.
         A failure, delay or indulgence by us in exercising any power or right will not operate as a waiver of that power or right. A single exercise or partial exercise of any power or right by us does not prohibit  further exercises of that power or right or the exercise of any other power or right
         Our rights and remedies under these Terms are cumulative and do not exclude other rights and remedies provided by law.
     d.  Governing Law and Jurisdiction:The Service and these Terms are governed by and must be construed in accordance with the laws of India. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in Mumbai only. The existence of any dispute shall not, by itself, constitute any claim against us.