Common use of Liabilities of the Customer Clause in Contracts

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. 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.other 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. Unless clause 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 Business e-Banking 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 Authorized Users or any other person (whether or not authorisedauthorized). b. Subject Without prejudice to Clause 4(e3(c) 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, and the Authorised e-Banking UserAuthorized Users, the Customer and the Authorised e-Banking User shall not be liable for loss or misplacement of funds caused by unauthorised unauthorized transaction conducted through the use of the Services Business e-Banking as a result of: i. a computer crime on the condition that which should have been prevented by the risks risk 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 shall indemnify on a non-personal Customer the Customer and the Authorised e-Banking User shall jointly and severally, indemnify full indemnity basis 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 basisand attorney fees) 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 ServicesBusiness e-Banking, the Information and/or the reports 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.