Terms & Conditions
These terms and conditions (hereinafter referred to as “ Terms and Conditions”), as amended from time to time are applicable to the investors (which are existing or new) who wish to use the ‘chatbot’ feature via ‘website’ and/or ‘WhatsApp’ (hereinafter collectively referred to as “the Platform”) to undertake financial and non-financial transactions in the scheme of HSBC Mutual Fund (“HSBC MF”) that are managed by HSBC Asset Management Company Limited (HSBC AMC) (Jointly hereinafter referred to as “AMC”, “we”, “us”, or “our”).
This page sets forth the Terms and Conditions for the access and use of the Platform or every person who visits the Platform (hereinafter referred to as “User” or “investor/investors” or “they” or “their” or “you” or “Your”) and shall be applicable to all folios, which are existing or may be created at any time in future. You are requested to read these Terms and conditions carefully before you start using the Platform. By using the Platform, you indicate that you have, read, understood and accepted these Terms and Conditions and have agreed to abide by the same without any limitation or qualification.
This Platform for HSBC MF investors is powered by Computer Age Management Services (“CAMS”) and hence the terms and conditions of CAMS for access and use will also apply. Kindly refer to the same on my CAMS website.
Existing Individual investor's holding a Folio with HSBC Mutual Fund with mode of holding in the folio as Singe or Any / Survivor
You hereby acknowledge and agree that it shall be your responsibility to upgrade the software, hardware and the operating system of your computer and/or mobile phone handset, as the case may be at your sole cost and consequences from time to time so as to remain compatible with that of the Platform; and you also would require a proper uninterrupted internet connection.
We shall be at liberty to change, vary or upgrade the software, hardware, operating systems, etc. of the Platform from time to time and shall be under no obligation to provide support to all versions of the software, hardware, or operating systems used by you. We shall not be liable for your failure to access the Platform, partially or fully, whether due to your systems, the internet network or any other cause or reason whatsoever.
The Platform and its features and facilities offered may be expanded, limited or modified at any time to meet the needs of the Users, or for regulatory, technical or any other reasons whatsoever, without providing any advance notice or reason to Users. We reserve the right to change, modify, suspend, add, remove, or restrict the User’s access to the Platform or a part of it at our sole discretion, without prior notice. We may also in our sole discretion, and at any time, discontinue, temporarily or permanently, any or the entire facilities under the Platform without notice. This could result in delays or failure in the processing of instructions or requests of the Users. We disclaim all and any liability, whether direct or indirect, whether arising out of loss of profit or otherwise, sustained by any User on account of such delays or failure and each User hereby acknowledges and agrees to the same.
While we will make all reasonable efforts to ensure that industry standard, accessible formats are used for the materials posted on the Platform. However, we cannot guarantee the compatibility of such materials with your computer or mobile software.
As this is an electronic/internet based service, access cannot always be guaranteed due to external/unforeseen factors beyond our control. Whilst we endeavor to ensure that the facilities/services offered by and under the Platform would be accessible/available without any substantial interruptions, we do not guarantee that the access to or use of Platform or any part thereof will be uninterrupted or error free or that the Platform or the server that makes it available will be free of viruses or other harmful, malicious, or disruptive components. You agree not to hold us liable or responsible for any loss/damage that may be suffered by you while downloading or using the software for accessing the Platform or while availing of any facilities/services under the Platform.
The internet per se is susceptible to a number of frauds, misuse, hacking and other actions/externalities beyond our control, which could affect the electronic instructions to us through the Platform. Whilst we aim to provide security to prevent the same, we cannot provide any guarantee from such internet frauds, hacking and other risks associated with the internet.
The online facilities made available to the Users on the Platform shall be in addition to and not in substitution of the existing procedures or facilities for transacting in the Schemes of HSBC MF, including through offline/physical mode and there is no assurance regarding uninterrupted availability of the Platform to its Users.
However, it may be noted that WhatsApp Facility is not a secure means of giving instructions / transactions and there are risks involved including but not limited to such instructions / transactions requests being inaccurate, imperfect, ineffective, illegible, having a lack of quality, clarity, garbled, altered, distorted, not timely etc. Investors using this facility should take note of the following:
- Instructions / transactions received through WhatsApp Facility shall be deemed to be duly authorized by the investor for the AMC/RTA to accept and act on the same. The AMC/RTA at its discretion may treat such instructions / transactions as final for all record purpose
- There may be a delay in delivery / difference in the date and time of the WhatsApp instructions / transactions received at the system / server of the AMC / RTA and the date and time of the server through which investor has sent the WhatsApp instructions / transactions and also the AMC / RTA system / server may not receive the WhatsApp instructions / transactions sent by the investor at all. Financial transactions received through WhatsApp shall be deemed to be time stamped at the time at which they are ‘received’ at the AMC/RTA’s system and shall be processed at the applicable NAV in accordance with the cut-off timing norms as stipulated in the SID of the respective schemes of the Fund. The AMC/RTA shall not be liable for any loss (actual or potential) caused due to delay or non-receipt of instructions/transactions through WhatsApp Facility
- Instructions / transactions requests to the AMC/RTA through WhatsApp is for the investor's convenience and the AMC/RTA is not always obliged or bound to act on the same
- WhatsApp Facility is available only for financial and non-financial transactions and cannot be used for grievance redressal or reporting of fraud, the AMC/RTA will have no liability if such incidents are reported on this channel
- Investors shall not use the WhatsApp Facility for any unlawful or improper purposes. The AMC shall be authorized to immediately discontinue/suspend/terminate investor’s access to WhatsApp Facility upon being made aware of any such unlawful or improper use of the same
- Investors accessing WhatsApp Facility from locations other than India, shall do so at their own risk and they would be solely responsible for compliance with applicable local laws and regulations of such location/territory. The AMC accept no liability whatsoever, direct or indirect, for non-compliance with the laws of any country other than the Republic of India. The mere fact that the WhatsApp can be accessed through internet by investors in a country other than India shall not be interpreted to imply that the laws of the said country govern these Terms and/or the use of WhatsApp Facility. Investors hereby agrees to abide by these terms and all applicable Indian and Foreign laws/rules/regulations in force and the changes thereto from time to time relating to the usage of the WhatsApp Facility. The investor further confirms that he/she is authorized and is not restricted by any legal/regulatory/judicial/quasi-judicial/other authority to access and availed the WhatsApp Facility offered by AMC
- The WhatsApp Facility may be expanded, limited or modified at any time to meet the needs of the investors, or for regulatory, technical or any other reasons whatsoever, without providing any advance notice or reason to the investors. The AMC reserve the right to change, modify, suspend, add, remove, or restrict the investor’s access to the WhatsApp Facility or a part of it at its sole discretion, without prior notice. The AMC may also in its sole discretion, and at any time, discontinue, temporarily or permanently, any or the entire facilities under the WhatsApp without notice. This could result in delays or failure in the processing of instructions or requests of the investors. The AMC disclaim all and any liability, whether direct or indirect, whether arising out of loss of profit or otherwise, sustained by any investor on account of such delays or failure
- As this is an electronic service, access cannot always be guaranteed due to external factors beyond our control. Whilst AMC endeavor to ensure that the WhatsApp Facility is available without any interruptions, the AMC does not guarantee that the access to or use of this facility or any part thereof will be uninterrupted or error free or that the WhatsApp Facility or the server that makes it available will be free of viruses or other harmful, malicious, or disruptive components. The AMC cannot be held liable or responsible for any loss/damage that may be suffered by investors while downloading or using the software for accessing the WhatsApp or while availing of any facilities under it
- The internet per se is susceptible to a number of frauds, misuse, hacking and other actions, which could affect the electronic instructions to us through the WhatsApp. Whilst we aim to provide security to prevent the same, the AMC does not provide any guarantee from such internet frauds, hacking and other risks associated with the internet
- The AMC/RTA/Fund shall not be liable for any damages or losses sustained by the investors (direct and/or indirect) whatsoever, due to disruption or non-availability of WhatsApp Facility due to technical fault/error or any failure or failure in telecommunication network or any error in any software or hardware systems
User shall indemnify and keep indemnified and hold harmless HSBC AMC / HSBC MF/Trustees along with its directors, agents/RTA, employees and representatives (“Indemnified Parties”) at all times and from time to time from and against all actions, claims, demands, liabilities, damages, costs, charges and expenses of whatever nature whether actual or contingent, directly or indirectly incurred, suffered, sustained or paid by the Indemnified Parties whatsoever arising from and / or in connection with
- Providing to the User an access to the Platform and the facilities offered on the Platform
- Unauthorized use of the Platform or by any third party through the User’s personal and financial information
- in good faith accepting, acting on the instructions / transactions, of the investor or refusing to take any action on the instruction received through the Platform
HSBC AMC/HSBC MF shall not be liable for any damages or losses sustained by the User (direct and/or indirect) whatsoever, due to disruption or non-availability of the services/facility(s) under the Platform including due to technical fault/error or any failure or failure in telecommunication network or any error in any software or hardware systems.
HSBC AMC/HSBC MF shall also not be liable for any unauthorized transactions occurring through the Platform and the User hereby fully indemnifies and holds HSBC AMC/ HSBC MF harmless including against any action, suit, proceeding initiated against it or any loss, cost or damage incurred by it as a result thereof.
HSBC AMC/HSBC MF shall under no circumstance be held liable to the User if the Platform or all or any part of the facilities on the Platform is not available in the desired manner for reasons including but not limited to legal restraints, faults in the telecommunication network or network failure, faults in computer systems, technological issues, or any force majeure events (such as flood, extraordinary weather condition, earthquake or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, communications, power failure, equipment or software malfunction) or any other reason beyond the control of HSBCAMC.
Under no circumstances shall HSBC AMC/HSBC MF be liable for any expenses, costs, damages or losses or any other outgoings whatsoever whether such damages are direct, indirect, incidental or consequential and irrespective of whether any claim is based on loss of revenue, interruption of business or any loss of any character or nature whatsoever and whether sustained by the User or by any other person. Illegal or improper use of the Platform shall render the User liable for payment of financial and other charges as decided and levied by HSBC AMC/HSBC MF or will result in suspension / termination of the access to the Platform extended to the User. The aforesaid does not limit rights of HSBC AMC/HSBC MF to initiate appropriate legal proceedings against the User.
Disclosure of personal information
We may use your personal information for following purposes:
- To process your requests for any of the services on the Platform
- To process your requests for any of the services provider who render business of international messaging services or is partnered with WhatsApp for providing the services
- To deliver any administrative notices, alerts, advice, notifications and communications relevant to your use of any facilities on the Platform
- To analyse usage of the Platform and improve the services /facilities offered for market research, project planning, troubleshooting problems, detecting and protecting against error, fraud or other criminal activity
- To disclose as required by applicable laws/regulations or to any Indian or foreign statutory, regulatory, judicial, quasi-judicial authorities/agencies including, but not limited to Financial Intelligence Unit-India (FIU-IND)
- To disclose to our Sponsor(s), Trustees, its employees, and agents, and to other Institutions and/or Third Party Service Providers that provide services to us and which are bound by confidentiality arrangements with us
- For participation in any telecommunication or electronic clearing network. In compliance with a legal directive
- For fraud prevention purposes
We, either directly or through call centres, may call or send promotional information/ material or other alters to the mobile number/(s) or email IDs provided by you during the course of registration on the Platform and you shall be deemed to have provided your consent for receipt of such promotional information/material, if you do not wish to receive such promotional information/materials please reach out to firstname.lastname@example.org
We reserve the right to record telephonic conversations with Users for quality control purposes or otherwise.
Disclosure of personal information
- Your use of the Platform shall be at your sole risk. The Platform has been provided on an “as is” and “as available” basis. Except as explicitly warranted in these Terms and Conditions , we make no express or implied warranty with respect to the services/facilities provided on the Platform, including, without limitations, any warranties of uninterrupted/error free performance of the Platform, that any identified defects will be corrected, that the Platform is free from viruses or other malicious, destructive or corrupting code, non-infringement of third party rights, title, merchantability, data accuracy and completeness, satisfactory quality and/or fitness for a particular purpose
- The facilities offered on the Platform shall not constitute an offer or an invitation to offer to buy or sell or a solicitation to any person in any jurisdiction where it is unlawful to make such offer or solicitation
- Whilst every reasonable precaution has been taken to ensure the accuracy, security and confidentiality of data and information on the Platform, there cannot be any guarantee from internet frauds, hacking and other similar actions. We make no representation that the Platform or the facilities offered on the Platform are appropriate or available for use in other locations or territories where their contents are unlawful and is prohibited. If you choose to access the Platform from locations other than India, you shall do so on your own initiative and risk, and you would be solely responsible for compliance with applicable local laws and regulations of such location/territory
- We do not have any direct agreement or tie-up with WhatsApp and we shall not be responsible for any of the communication sent or received by the User over WhatsApp or the services provided by WhatsApp to the Users particularly in relation with data privacy or data integrity
Governing Law and Jurisdiction
These Terms and the use of the Platform shall be governed exclusively by the laws of India
Subject to the arbitration provisions mentioned hereinafter, the User and the HSBC AMC/HSBC MF agree to submit to the exclusive jurisdiction of the courts in Mumbai as regards any disputes, claims or matters arising under these Terms. HSBC AMC/HSBC MF accepts no liability whatsoever, direct or indirect, for non-compliance with the laws of any country other than the India. The mere fact that the Platform can be accessed through internet by the User in a country other than India shall not be interpreted to imply that the laws of such country govern these Terms and/or the use of Platform.
Failure on the part of HSBC AMC/HSBC MF to enforce any rights or part thereof conferred by these Terms or any law / regulation shall not be deemed to be a waiver of any such rights.
Operational Terms & Conditions