Liabilities of the Customer a. Unless clause 10(b) applies, the Customer and, where applicable, the Authorised e-Banking User shall be fully liable and responsible for all consequences arising from or in connection with use of the Services and/or access to any Information or Report or any other information as a result of such use by the Customer, the Authorised e-Banking User or any other person whether or not authorised.
b. Subject to Clause 4(e) and if, in the reasonable opinion of the Bank, there is not negligence, fraud or fault on the part of the Customer and, where applicable, the Authorised e-Banking User, the Customer and the Authorised e-Banking User shall not be liable for loss or misplacement of funds caused by unauthorised transaction conducted through the use of the Services as a result of:
i. a computer crime which should have been prevented by the risks control and management measures had the Bank adopted such measures in accordance with Clause 9(a);
ii. a human or system error of the Bank; or
iii. a missed or mis-directed payment caused by the gross negligence or willful default of the Bank, its officers or employees.
c. The Customer shall, and in the case of a non-personal Customer the Customer and the Authorised e-Banking User shall jointly and severally, indemnify the Bank, any member of the HSBC Group, any Information Provider and their respective officers and employees against all liabilities, claims, demand, losses, damages, cost, charges and expenses of any kind (including, without limitation, legal fees on a full indemnity basis) which may be incurred by any of them and all actions or proceedings which may be brought by or against any of them in connection with the provision of the Services, the Information and/or the reports or any breach by the Customer of these Terms and Conditions and any applicable laws, or the exercise or preservation of the Bank’s powers and rights under these Terms and Conditions, unless due to the gross negligence or willful default of the Bank, any member of the HSBC Group, any Information Provider or their respective officers or employees or unless Clause 10(b) applies.
Liabilities of the Customer. (a) The Bank will take reasonably practicable steps to ensure that its systems in connection with the Electronic Banking 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 the Bank from time to time.
(b) Subject to Clause 11.2 of the Terms and Conditions and without prejudice to Clause 3 of Section A of this Schedule above, if, in the opinion of the Bank, there is no gross negligence, fraud or fault on the part of the Customer, such as failing to properly safeguard his device(s) for using the Electronic Banking Services, the Customer will not be liable for any direct loss suffered by the Customer as a result of any unauthorized Electronic Banking Transaction.
11. Ownership of the Security Token