Credit Card Boiler Plate With VKYC Version 7
Credit Card Boiler Plate With VKYC Version 7
Customer Declarations:
I SHAKTI PRASAD PANDA certify that the information provided will be provided by me before submission of final application and collected in the e-
application form is true and correct in all respects and HSBC India is entitled to verify this directly or through any third party agent. I also agree that if any of
the above details or the confirmation made by me is found to be false, then HSBC India will be entitled to revoke and/or recall the credit facility I confirm
that I shall be responsible for the verification and correctness of the application information shall upon receipt of the email containing the application form as
issued by the Bank to me. If there are any changes / corrections required, it shall be my responsibility to contact the HSBC India staff / representative within
48 hours of receipt of the said email.
I authorize HSBC India to validate my Permanent Account Number (PAN) from the database authorized by Income Tax Department.
This is to confirm that I am voluntarily providing a physical copy of my Aadhaar card / e-Aadhaar card in a masked form to HSBC India for the purpose
of establishing my identity / address proof to set up a banking relationship and process instructions in relation to the same. I hereby provide my consent for
verification of my Aadhaar to establish its genuineness through such means acceptable as per UIDAI or under any Act or law from time to time. The
consent and purpose of collecting Aadhaar have been explained to me and I confirm having understood the same. I acknowledge that the Bank will store
the said Aadhaar number in a masked form in their records and use the same for such purposes as may be permitted. I also acknowledge that the Bank
has provided me with alternate options in terms of identity documents that could be provided in lieu of Aadhaar for setting up a banking relationship.
I authorize HSBC India to upload/refresh/update the demographic and other details in the Central KYC Registry in terms of the provisions of the Prevention
of Money Laundering Act and Rules notified thereunder from time to time and create a new or update an existing KYC number that has been provided with
the application, as per the operating guidelines issued by the CKYC Registrar and the Reserve Bank of India.
The HSBC India Credit Card sales representative has provided me with the necessary information to make an informed decision and I have independently
taken the decision to apply for the Credit Card. I understand the features of the product, its terms, conditions, and applicable charges on availing this
product.
Please ensure that you have read all the information above before providing your signature below.
By signing this form, I am agreeing to the terms and conditions applicable on availing of a Credit Card from HSBC India.
I confirm having read and understood the Most Important Terms and Conditions (MITC) including the Tariff Sheet enclosed with this application form. I
further agree that any facility that may be provided to me shall be governed by the internal policies of HSBC India that may be in force from time to time and
I shall be bound by them.
I confirm having signed on the Digital Platform and by signing this digital form, I hereby authorize HSBC India to take on record the Credit Card application
and process the same.
I confirm and declare that I am not a near relation to any senior officer of the Bank or any directors of any HSBC Group Companies* (*Definitions as
uploaded on PWS) (if No, please strike off this and provide separate relationship declaration).
I acknowledge that HSBC India remains entitled to assign any activities to any third-party agencies/service providers at its sole discretion. I further
acknowledge the right of HSBC India to provide details of my account and sharing or transfer of information, which will be on a confidential basis, to HSBC
Group offices or other third-party agencies/service providers, whether located in India or overseas, including but not limited for the purpose of availing
support services of any nature by HSBC India. I hereby understand and consent to HSBC India using or sharing information submitted by me to conduct
employment verification and other related checks, through third party agency engaged by it, from public information sources including but not limited to
Employees' Provident Fund Organisation (EPFO). HSBC India also may disclose information, if required or permitted by any law, rule or regulation or at the
request or direction of any public or regulatory authority, or if such disclosure is required for the purposes of preventing fraud, without any further specific
consent or authorization from me.
I hereby confirm having agreed to receive all service communications from HSBC India on an ongoing basis through e-mails sent to the e-mail IDs
registered by me with HSBC India. The communication may include account related information, certificates, bank notices and account statements. I agree
to receive the account statement on e-mail pursuant to which and HSBC India will send the Statement in an electronic format to my e-mail ID specified on
HSBC India’s records in lieu of physical statements. I shall notify HSBC India of any change in my e-mail ID. HSBC India will be deemed to have delivered
the statement to me upon HSBC India not receiving a delivery failure notification. Should I experience any difficulty in accessing the electronically delivered
statement, I shall promptly advise HSBC India for delivery through alternate means. Failure to advise HSBC India of such difficulty within 30 days after
receiving the statement shall serve as an affirmation regarding the acceptance of the statement by me. I confirm that I is/are aware of all security risks
involved in receiving the electronically delivered statement. I agree that I shall not hold HSBC India in any way responsible for the same. I agree that the
statement will not be generated if no transactions are effected during the stipulated period of the statement cycle. I agree that duplicate statements of past
transactions are issued against payment of charges as per HSBC India’s current Tariff. In case of receiving e-statements through HSBC India Internet
Banking, I agree to be bound by the terms and conditions mentioned on the website www.hsbc.co.in
I agree and acknowledge that the existence of this credit facility and details thereof (including details of Transactions and any defaults committed by me),
will be recorded with credit reference agencies and such Information (including processed information) may be shared with banks/financial institutions and
other credit grantors for the purposes of assessing further applications for credit by me and/or members of my household, and for occasional debt tracing
and fraud prevention.
Accordingly, I hereby agree and give consent for the disclosure by HSBC India of all or any such; (a) information and data relating to me (b) the information
or data relating to any credit facility availed of/to be availed, by me and (c) default, if any, committed by me in discharge of my such obligation, as HSBC
India may deem appropriate and necessary, to Credit Information Bureau (India) Limited (CIBIL) and any other agency authorised in this behalf by the
Reserve Bank of India (RBI).
I give my consent and authorize HSBC India to generate subsequently an additional report through CIBIL or
authorised agency/bureau to process my Credit Card application, in the event the necessary documentation and Processes are not completed as per
HSBC India’s policies.
I further authorize HSBC India to send and agree to receive SMS alerts/E-mails related to my application status and account activity as well as product use
messages that HSBC India will send, from time to time, on my mobile phone number/E-mail ID as mentioned in this application form. I undertake to intimate
HSBC India in the event of any change in my mobile phone number/E-mail ID. I agree that in the event I fail to inform the new mobile number/email id, I will
not hold HSBC India responsible for non-communication of any information regarding my application status and/or account activity.
I further acknowledge that HSBC India shall have the right to seek any information from any other source in this regard. I understand that all of the
abovementioned information shall form the basis of any facility that HSBC India may decide to grant to me at its sole discretion.
Terms and Conditions for Video based Customer Identification Process (V-CIP)
This document lays out the "Terms and Conditions", which shall be applicable to all account opening forms and credit card applications processed using
the “Video based Customer Identification Process (V-CIP) service provided by HSBC India.
Before usage of this service, customers are required to carefully read and understand these Terms and Conditions. Usage of this service by the Customer
shall be construed as deemed acceptance of these Terms and Conditions mentioned herein below.
The Customer also be bound by the specific Terms and Conditions relating to any account or any of the products or any other services offered by HSBC
India and availed of by the Customer. The Customer thereby agrees to abide by these Terms and Conditions as amended by the Bank from time to time
which shall be in addition to and not in derogation of the product specific Terms and Conditions unless otherwise specifically stated.
Definitions:
In this document, the following words and phrases shall have the meanings as set below unless the context indicates otherwise.
a. 'HSBC India' means The Hong Kong & and Shanghai Banking Corporation Limited, India, a Company incorporated under the Companies Ordinance
of the Hong Kong Special Administrative Region (HKSAR), having its Registered Office at 1, Queens Road Central, Hong Kong and its India
corporate office at 52/60 Mahatma Gandhi Road, Fort, Mumbai - 400 001.
b. 'Application Form' - means the Application Form submitted by the Customer for availing of banking products offered by HSBC India.
c. ‘Banking Products” means and includes all products offered by the Bank wherein HSBC India has allowed the usage of Video KYC solution for
onboarding of customers.
d. 'Customer' refers to a prospective customer of HSBC India who has applied for a product offered by HSBC India or an existing customer of HSBC
India.
e. ‘UIDAI” means The Unique Identification Authority of India which is a statutory authority established under the provisions of the Aadhaar (Targeted
Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 as amended by the Aadhaar and Other Laws (Amendment) Act, 2019.
f. ‘Customer information’ means Name, Address, Photograph, Date of Birth, Gender, Mobile Number, Email ID, PAN, Last 4 digits of Aadhaar No. and
all other details which are submitted by the customer as part of availing the services.
Scope of services
a. Video Customer Identification Process (VCIP) is a method of customer identification by an official of HSBC India by undertaking seamless, secure,
real-time, consent based audio-visual interaction with customer to obtain identification / customer information including documents/details for
customer due diligence purpose and to ascertain the veracity of the information furnished by the customer. V-CIP process will be used to establish an
account-based relationship with an individual customer or periodic KYC refresh of the customer as permitted by regulator from time to time. HSBC
India may use either OTP based Aadhaar e-KYC authentication or Aadhaar Paperless offline e-KYC, take customers photograph, take PAN card
photograph, obtain live location of customer through geotagging, perform liveliness checks of customer, use of banking correspondents as permitted
etc. to establish customer information. HSBC India reserves the right to implement and/or amend the V-CIP process as permitted by Reserve Bank of
India from time to time.
b. Subject to these Terms and Conditions HSBC India shall provide V-CIP services from time to time to enable Customers to be on boarded by HSBC
India by completion of their KYC formalities through V-CIP.
a. To access the Services for the first time, the Customer is required to accept all the terms and conditions governing the use of the services and to
provide such Information as HSBC India may reasonably specify for identifying him/her.
b. By registering to use the Services, the Customer warrants that all customer information provided by the Customer to HSBC India in relation to the
Services is true, complete and up to date. HSBC India shall not be required to independently verify the same.
c. The Services are for the sole and exclusive use by the Customer.
Fees
HSBC India reserves the right to charge fees in relation to the use and/or termination of the Services including, without limitation, to impose a charge for its
provision of the Security Device and to revise such fees. HSBC India shall determine and give reasonable notice to the Customer of the rate of any fee
from time to time before they become effective, which shall be binding on the Customer if the Customer continues to maintain or use the Services on or
after the effective date. Fees may be collected from the Customer in such manner and at such intervals as HSBC India may specify.
i. Capture his/her live location (Geotagging) to ensure that he/she is physically present in India during the VCIP process.
ii. use and retain the Customer Information, for KYC verification for the purpose of Account Opening / Re-KYC process.
b. The Customer shall provide such Information as HSBC India may from time-to-time reasonably request for the purposes of providing the Services.
The Customer shall at all times ensure that:
I. all customer information provided to HSBC India is accurate, complete and up to date including, without limitation, the Customer's address, and
other contact details.
ii. the Aadhaar XML uploaded on HSBC India Portal is not older than 3 days from the date of download from UIDAI.
c. The Customer understands that all field in the Online Application Form are mandatory (except where specified otherwise) and undertakes that if any
field is left blank, or is filled with incorrect or incomplete data, the Online Application Form shall be considered as incomplete and may be rejected by
HSBC India. The Customer undertakes, agrees, and confirms that any and all information/details/ data/ documents etc. provided by him/her (including
PAN details / Form 60, nomination details, FATCA declaration etc.) shall be accurate, up to date, genuine, true, and correct in every manner
whatsoever.
d. HSBC India will take reasonable care to ensure that customer information which is stored or transmitted using the Services remains confidential and
is not disclosed to any third parties outside the HSBC Group without the Customer's written permission. However, the Customer authorizes HSBC
India to disclose or share Information relating to him or his accounts (as the case maybe):
i. to any agent, contractor or Third-Party service provider who provides services to HSBC India in connection with the operation of its business;
ii. in respect of the customer's application for Third-Party Product (if and when made available, apply for any Third-Party Product by submitting the
relevant application through the intermediary of HSBC India), to the relevant Third Party provider to the extent necessary for the purpose thereof; and
iii. where HSBC India is obliged to comply with the orders of courts, government agencies or other lawful authorities anywhere in the world or where it
reasonably thinks it necessary in order to give effect to any Instruction or generally to enable HSBC India to provide the services. The Customer and
HSBC India shall comply with all applicable data protection laws.
iv. The Customer confirms that all persons whose personal or other data is transmitted, processed, or otherwise handled, have consented to such
transmission, processing, or other handling under these Terms in accordance with these laws, or will do so prior to any such transmission,
processing, or other handling. The Customer further agrees to indemnify and hold HSBC India harmless from all costs, penalties, damages, and other
losses incurred as the result of any breach of this provision.
e. The Customer shall not, and shall not attempt to decompile, reverse-engineer, translate, convert, adapt, alter, modify, enhance, add to, delete or in
any way tamper with, or gain access to, any part of the Services or any Internet site or any software comprised in them.
f. The Services or any marketing/promotional messages displayed as part of the Services should not be regarded as an offer or solicitation to sell
investments or make deposits or solicitation to subscribe to any other product or service, to any person residing in a jurisdiction outside India, where it
is unlawful to make such an invitation or solicitation.
g. The Customer shall indemnify and hold HSBC India harmless from and against any/all consequences arising from the Customer not complying with
the provisions of any applicable laws, rules, or regulations.
Confidentiality obligations
a. Unless expressly permitted by these Terms, the Customer shall not attempt to:
i. sell, transfer, disclose, assign, convey, sub-license, share, loan, distribute, transmit, broadcast, cablecast, put in circulation, download, reproduce,
duplicate, or otherwise provide or disseminate any confidential Information in any form or by any means to any other person or commercially exploit
any Confidential Information;
ii. remove, obliterate, erase, relocate or modify in any way any proprietary marking on or appearing with the Confidential Information including, without
limitation, any trademark or copyright notice; or
iii. incorporate or combine the Confidential Information with any other programs.
i. Where its disclosure is required under law and regulation by law but only to the extent required by law and only after written notice of the
requirement to disclose has been given by the Customer to HSBC India; or
ii. Where HSBC India has expressly agreed in writing to its disclosure.
c. The Customer agrees that all right, title and interest in and relating to the Confidential Information and all related copyright, patent, trademark, service
mark, proprietary property, trade secrets and exclusive works are and shall remain the exclusive property of HSBC India and the respective
Information Providers. No right, title, or interest other than the right to access the Information and the Reports subject to these Terms and Condition is
conveyed or transferred to the Customer. The Customer shall not make any representation or do any act which may be taken to indicate that the
Customer has any such right, title or interest.
a. HSBC India will take reasonably practicable steps to ensure that its systems in connection with the 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 it from time to time.
b. Neither HSBC India, nor any member of the HSBC Group nor any Information Provider warrants or represents that the Services, the Information, and
the Reports are free from virus or other destructive features which may adversely affect the Customer's hardware, software, or equipment.
c. HSBC India may suspend any service provided to the Customer under the Services without notice where it considers it necessary or advisable to do
so, for example to protect the Customer when there is a suspected breach of security or HSBC India needs to suspend the Services for maintenance
eSigned using Aadhaar (Leegality.com -
01JQB5PHAQBKEX7M32ZG1RR21M)
SHAKTI PRASAD PANDA
d. Unless due to the gross negligence or willful default of HSBC India , any member of the HSBC Group or their respective officers or employees, and
only to the extent of direct and reasonably foreseeable loss and damage (if any) arising directly and solely there from or the amount of the relevant
transaction (whichever is less), neither HSBC India nor any member of the HSBC Group assumes any liability or responsibility to the Customer or any
other person for the consequences arising from or in connection with : -
i. Use of the Services and/or access to any Information as a result of such use by the Customer or any other person whether or not authorized;
ii. Any interruption, interception, suspension, delay, loss, unavailability, mutilation or other failure in providing the Services, in transmitting Instructions
or Information relating to the Services or in connecting with the Internet site caused by any acts, omissions or circumstances beyond the reasonable
control of HSBC India including, without limitation, failure of any communication network, act or omission of any third party service providers,
mechanical failure, power failure, malfunction, breakdown, or inadequacy of equipment, installation or facilities, or any law, rules, regulations, codes,
directions, regulatory guidelines or government order (whether or not having the force of law); and
iii. Transmission and/or storage of any Information and/or data relating to the Customer, the Services and/or transactions or dealings conducted by
the Customer pursuant to the Services through or in any system, equipment, or instrument of any communication network provider.
e. In no event shall HSBC India, any member of the HSBC Group or any Information Provider be liable to the Customer or any other person for any
incidental, indirect, special, consequential, or exemplary damages including, without limitation, any loss of use, revenue, profits, or savings.
a. The Customer 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 or any other person whether or not authorized.
b. The Customer shall indemnify HSBC India , any member of the HSBC Group, any Information Provider and their respective officers and employees
against all liabilities, claims, demand, losses, damages, costs, 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 on account of
any incorrect information provided by the customer and HSBC India/Information Provider acting/relying on the said information.
Further, the Customer agrees, at his/her own expense, to indemnify, defend and hold harmless HSBC India and HSBC Group, its directors and employees,
representatives, agents, and its Affiliates against any claim, suit, action or other proceeding brought against HSBC India and HSBC Group, its directors and
employees, representatives, agents, and Affiliates by a Third P arty, to the extent that such claim, suit, action of other proceeding brought against HSBC
India , its directors and employees, representatives, agents, and Affiliates is based on or arises in connection with the usage of services with reference to:
The Customer agrees to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against
it or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
Communication
a. HSBC India shall be entitled to prescribe, from time to time, the form of notice (whether written or any other form) and the mode of communication
with respect to each type of notice to be given pursuant to these Terms and Conditions. HSBC India may also publish notices of general nature, which
are applicable to all Customers, on its web site located at www.hsbc.co.in; such notices will have the same effect as a notice served individually to
each Customer.
b. Communications delivered personally, sent by post, facsimile transmission, telex or email shall be deemed to have been received by the Customer
(where delivered personally) at the time of personal delivery or on leaving it at the address last notified in writing by the Customer to HSBC India ,
(where sent by post) 48 hours after posting if such address is in India and seven days after posting if such address is outside India or (where sent by
facsimile transmission, telex or email) immediately after transmitting to the facsimile or telex number or email address last notified in writing by the
Customer to HSBC India . Communications sent by the Customer to the Bank shall be treated as delivered to the Bank on the day of actual receipt.
Severability
Each of the provisions of these Terms is severable and distinct from the others and, if at any time one or more of such provisions is or becomes illegal,
invalid, or unenforceable in any respect under the laws of any jurisdiction, the legality, validity, or enforceability of the remaining provisions shall not be
affected in any way.
Waiver
No act, delay or omission by HSBC India shall affect its rights, powers, and remedies under these Terms or any further or other exercise of such rights,
powers, or remedies. The rights and remedies under these Terms are cumulative and not exclusive of the rights and remedies provided by law.
Force Majeure
HSBC India shall not be liable for delay in performing or failure to perform any of its obligations under these Terms which is caused by circumstances
beyond its reasonable control, including, but not limited to, the failure, malfunction or unavailability of telecommunications, data communications and
computer systems and services, war, civil unrest, government action, strikes, lock-outs or other industrial action or trade disputes (whether involving the
Banks employees or those of a third party). Any delay or failure of this kind will not be deemed to be a breach of the Terms and Conditions and the time for
performance of the affected obligation will be extended by a period which is reasonable in the circumstances.
For the purpose of this document 'force majeure' shall be deemed to be any cause affecting the performance of this Agreement arising from or attributable
to acts, events, omissions, or accidents beyond the reasonable control of the Participant to perform and without limiting the generality thereof shall include
the following:
Miscellaneous
a. Where the Account in question is a joint Account, the reference in these Terms to 'Customer' shall be deemed to mean all and each of the joint
Account holders. All the Customers shall be bound by these Terms and be jointly and severally liable for all the terms of usage of these services.
b. Unless the context otherwise requires, 'person' includes an individual, firm, company, corporation, and an unincorporated body of persons.
a. The Services and these Terms shall be governed by and construed in accordance with the laws of India.
b. HSBC India and the Customer submits to the exclusive jurisdiction of the Courts at Mumbai.
c. HSBC India may, however, in its absolute discretion, commence any legal action or proceedings arising out of these terms in any other court, tribunal
or other appropriate forum, and the Customer hereby consents to that jurisdiction. Any provision of these terms which is prohibited or unenforceable
in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of prohibition or unenforceability but shall not invalidate the remaining
provisions of these terms or affect such provision in any other jurisdiction.
Issued by The Hong Kong and Shanghai Banking Corporation Limited, India. Incorporated in Hong Kong SAR with limited liability.