If you access the Hong Kong Open Banking APIs, these terms and conditions apply to your use of this Site and replaces any other terms and conditions in respect of such usage. 

1. About the Site

1.1 The Site is provided by The Hongkong and Shanghai Banking Corporation Limited, whose registered office is at 1 Queen’s Road Central, Hong Kong (“HSBC”, and references to “we”, “us” and “our” are references to HSBC and/or the HSBC Group as applicable) and provides information concerning the Testing Facilities and APIs.

1.2 The main body of this document sets out the terms and conditions ("Site Terms") applicable to your use of the Site, the API Documentation and the Testing Documentation. For IADS Users only, your use of the Site will also be subject to the IADS Rules. In the event of conflict between any terms in the IADS Rules and the Site Terms, the relevant term(s) in the IADS Rules will prevail.

1.3 By accessing the Site, you agree to be bound by the Site Terms and, in the case of IADS Users, the IADS Rules so please read the Site Terms and, in the case of IADS Users, the IADS Rules carefully. The Privacy Policy and Cookie Policy explain how HSBC collects, uses and shares your personal information and what information HSBC stores on or reads from the device you use to access the Site. 

1.4 In order to access and use the Testing Facilities, the APIs and the Open Data, you are required to complete the applicable registration process and obtain Access Credentials. The access and use of the Testing Facilities, the APIs and the Open Data are subject to: (a) the terms and conditions set out in the Appendix (“Additional Terms”); and/or (b) your agreement to further terms or other obligations as HSBC may require from time to time. 

1.5 If you are accessing the Site, the Testing Documentation, the API Documentation, the Testing Facilities or the APIs on behalf of a third party, you represent, warrant and undertake that you are authorised and will remain authorised to do so and that you are authorised to bind the third party to these Terms.

1.6 HSBC may change the content or services found on the Site at any time without notice, and/or these Terms, the Privacy Policy or the Cookies Policy at any time without notice. You should visit this page regularly to check for any changes, and by continuing to use the Site you are agreeing to any changes to these Terms. These Terms were last amended on 17th March 2022. 

1.7 HSBC will not charge you for access to the Site and HSBC does not guarantee that the Site, or any content on it, will always be available or uninterrupted. 

If you do not agree with the Site Terms, the Privacy Policy [or the use of cookies as set out in the Cookies Policy], please do not use the Site.

2. Access and licences

2.1 In consideration of your compliance with the Site Terms, HSBC grants you a non-exclusive, royalty-free, revocable, non-transferable and non-sub licensable licence to access and use certain parts of the Site, the Testing Documentation and the API Documentation and, in each case strictly in accordance with the Site Terms.

2.2 Access to certain parts of the Site, the Testing Facilities, the APIs and the Open Data may be granted at HSBC’s absolute discretion, subject to: (a) obtaining credentials (“Access Credentials”) following your creation of a Site Account and/or the completion of the applicable registration process; (b) your compliance with the Site Terms and the Additional Terms; (c) your satisfaction of regulatory requirements; and/or (d) your agreement to further terms or other obligations as HSBC may require and may be withdrawn at any time without notice or liability (to the extent permissible by Applicable Laws).

2.3 You are responsible for your access/use of the Site, the Testing Documentation, the API Documentation, the Testing Facilities, the APIs and the Open Data and for all activities that occur in relation to your Access Credentials. If you know or suspect that anyone other than you knows your Access Credentials or any details relating to your organisation that might allow your Site Account to be used by others, you must notify HSBC immediately.

2.4 Your use of any third party links contained on the Site is at your own risk. HSBC is not responsible for the content of any other web sites or pages linked to or from the Site and have not verified the content of any such web sites, or pages. 

2.5 You must: (a) provide such information and assistance as HSBC may request from time to time; (b) comply with the Site Terms and any directions or instructions from HSBC issued from time to time; (c) comply with all Applicable Laws, in connection with your use of the Site, the Testing Documentation and the API Documentation. 

3.HSBC Rights

3.1 HSBC may, in its discretion from time to time and with or without notice: (a) change, modify or replace any part or all of the Site, the Testing Documentation or the API Documentation.  Where practicable, HSBC will notify you about such changes, modifications or replacements. You are responsible for using the current versions of the Site, the Testing Documentation and the API Documentation available to you and ensuring that Your Systems remain compatible with those current versions. By continuing use of any the Site, the Testing Documentation and the API Documentation after they have been changed or replaced, you acknowledge and agree you understand the changes, modifications or replacement and have made any necessary changes to Your Systems as necessary or desirable to continue using the Site, the Testing Documentation and the API Documentation in accordance with the Site Terms.

3.2 HSBC may, in its discretion from time to time, carry out scheduled or unscheduled maintenance, upgrades or other servicing to the HSBC Systems.  You acknowledge and agree that this may result in: (a) your access being suspended (whether for a fixed period or indefinitely); or (b) the availability or performance of the Site, the Testing Documentation or the API Documentation being reduced. Where practicable, HSBC will notify you of such events in advance. 

3.3 You acknowledge and agree that HSBC may monitor your access to and use of the Site, the Testing Documentation and the API Documentation, and that you will not seek to block or otherwise interfere with such monitoring.

4.Intellectual property rights

4.1 Except as expressly provided in these Terms, nothing in these Terms will operate to assign, transfer, license or otherwise grant either party any right, title or interest in or to the other party's Intellectual Property Rights (whether existing or otherwise).

4.2 HSBC or other members of the HSBC Group are the owner or licensee of all Intellectual Property Rights subsisting in the Site, the Testing Documentation and the API Documentation. All rights in and to the Site, the Testing Documentation, the API Documentation are reserved.

4.3 You acknowledge that HSBC is the owner or the licensee of all Intellectual Property Rights in material published on the Site (including for the avoidance of doubt any user-generated information and comments posted by third parties on the Site). All such rights are reserved. 

5.No Warranties

5.1 To the fullest extent permitted by Applicable Laws, and unless expressly set out to the contrary in these Terms: 

(a) all warranties and terms which would otherwise be implied by law, custom or usage are excluded from these Terms;

(b) access to and use of the Site, the Testing Facilities, Testing Documentation, the API Documentation, the APIs and the Open Data are made available to you on an "as is" and "as available" basis. HSBC may suspend your access to, suspend, withdraw, discontinue or change, all or any of the Site, your Site Account, the Testing Documentation, the API Documentation, the Testing Facilities, the APIs and the Open Data at any time without notice or liability. To the maximum extent permitted by Applicable Laws, you waive any implied or statutory warranties or undertakings that may apply to the subject matter of these Terms, including any representation, warranty or undertaking: (a) of merchantability or fitness for a particular purpose; or (b) that the Site, the Testing Documentation, the API Documentation, the Testing Facilities, the APIs and/or Open Data will be available to you on an uninterrupted or error-free basis. 

(c) HSBC makes no representations, warranties or guarantees, whether express or implied that the Site, the Testing Documentation and the API Documentation is accurate, complete or up-to-date although HSBC does use reasonable care to ensure that the Site, the Testing Documentation and the API Documentation are accurate in so far as this is within HSBC’s control; and

(d) HSBC does not guarantee that the Site will be secure or free from bugs or viruses, you are responsible for configuring and securing your own information technology, computer programmes, platforms and equipment and should use your own virus protection software.

6.Suspension

6.1 HSBC may suspend your access to the Site, your Site Account, or terminate these Terms at any time if in HSBC’s sole discretion:

(a) you are in breach of any of the terms and conditions of these Terms;

(b) you or your Site Account suffer a security breach that impacts on the confidentiality or integrity of the Site; or

(c) HSBC have a legitimate concern about your use of the Site or your Site Account.

7.Liability and Indemnities

7.1 Nothing in these Terms excludes or limits HSBC’s liability for death or personal injury arising from HSBC’s negligence, or HSBC’s fraud or fraudulent misrepresentation, or any other liability to the extent that it cannot be excluded or limited by law.

7.2 To the full extent permitted by law, in no event will HSBC, any other member of the HSBC Group, or any third party API providers be liable to you for any loss or damage (whether direct or indirect), whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

(a) your use, or inability to use the Site, your Site Account, the Testing Facilities, the Testing Documentation, the API Documentation, the APIs or the Open Data;

(b) your use of or reliance on any content accessed through the Site or the APIs (including the Open Data); or

(c) the secure storage of any data that you may load to the sandbox during use of the Testing Facility. All data loaded to the sandbox should be test data, unrepresentative of any live data associated with any transactional relationship with HSBC.

7.3 Notwithstanding the remainder of this clause 7, the total aggregate liability of the HSBC Group, whether in contract, tort (including negligence and breach of statutory duty, howsoever arising), misrepresentation (whether negligent or innocent), restitution or otherwise, arising under or in connection with these Terms shall be limited to HKD100 in aggregate.

7.4 You will indemnify HSBC and each of the HSBC Indemnities from and against any and all Losses arising from or relating to: (a) your breach of these Terms; and/or (b) any claim by any third party against HSBC or any of the HSBC Indemnities arising from your access to or use of the Site, your Site Account, the Testing Facilities, the Testing Documentation, the API Documentation, the APIs or the Open Data.

8.General

8.1 Relationship: Nothing in, and no action taken under, these Terms creates a relationship of principal and agent between you and HSBC or any other HSBC Group member, or otherwise authorises you to bind HSBC or any other HSBC Group member.

8.2 Third Party Rights: A person who is not party to these Terms of Use may not enforce any term of these Terms under the Contracts (Rights of Third Parties) Ordinance (Cap. 623).

8.3 Assignment: you may not assign, transfer or permit the exercise by any other party of your rights under these Terms. HSBC may subcontract, assign or novate these Terms or any of HSBC’s rights to any member of the HSBC Group or third party.

8.4 Entire Agreement: These Terms, together with the documents referred to in it, constitutes the entire agreement and understanding between the parties in respect of the matters dealt with in it and supersedes any previous agreement between the parties in relation to such matters.

8.5 Governing Law and Jurisdiction: The Terms are governed by and interpreted in accordance with the laws of Hong Kong and the courts of the above jurisdiction will have exclusive jurisdiction in respect of any dispute, which may arise.

9.Definitions and Interpretation

9.1 In these Terms:

“Access Credentials” has the meaning given in clause 2.2;

“Additional Terms” has the meaning given in clause 1.4;

“APIs” means the API provided by HSBC Group and made available on the Site;

“API Documentation” means any information, guidance, specifications or other documentation and information provided via the Site or otherwise to you about the APIs, the Site or the Testing Facilities;

“API Standards and Guidelines” means the standards and guidelines concerning the APIs and the Open Data which are from time to time: (a) published or notified by HSBC; (b) issued or approved by any Hong Kong Regulatory Authority; and/or (c) issued by the Hong Kong Association of Banks and which are, in each case, applicable to these Terms;

“API Terms” means any terms and conditions that apply to your use of any API, or to the integration of any API with a system or service;

“API Testing” means your (or a Developer acting on your behalf) testing of any application developed or used by you, or developed on your behalf, for the purposes of enabling your access to, benefit from, reliance on and/or interaction or integration with the APIs;

"Applicable Laws" means all (i) laws and regulations; and (ii) guidelines, directions, circulars, permissions, recommendations and expectations of regulatory authorities, applicable to a party or to rights or obligations under these Terms;

“HSBC Group” means HSBC Holdings plc, its subsidiaries, related bodies corporate, associated entities and undertakings and any of their branches;

"HSBC Indemnitee" means HSBC, any other HSBC Group Member, together with any director, officer, employee, agent, representative of any of the foregoing, and including the successors and assigns of each of the foregoing;

“HSBC Systems” means the hardware, software, networks and systems used by or on behalf of HSBC in connection with the provision of the Site, the Testing Facilities, the Testing Documentation, the API Documentation, the APIs and the Open

“IADS” means Interbank Account Data Sharing, an account data sharing initiative pilot programme launched by the Hong Kong Monetary Authority;

"IADS Rules" means the IADS rules published by the Hong Kong Monetary Authority (which may be amended and/or supplemented from time to time) serving as the implementation protocol for IADS Users;

“IADS Users” means the users of IADS;

“Intellectual Property Rights” means any right, title or interest in: copyrights, rights in databases, patents, inventions, patents, trademarks, trade names, goodwill, rights in internet domain names and website addresses, designs, know how, trade secrets and other rights in confidential information, whether registered, unregistered or not capable of being registered in any country or jurisdiction including all other rights having equivalent or similar affects which may now or in the future subsist anywhere in the world;

"Losses" means all losses, liabilities, damages, costs, claims and expenses (whether direct or indirect or consequential) and including legal fees on a full indemnity basis and other professional advisers’ fees, and disbursements and costs and expenses of investigation, litigation, settlement, judgment, interest, fines, penalties, remedial actions and compensation orders

“Open Data” means the specific "read only" information about HSBC's products and services made available by HSBC to you through the APIs as part  the Phase I Open API Programme from time to time;

“Personal Data” has the meaning defined in the Personal Data (Privacy) Ordinance and includes any data: (a) relating directly or indirectly to a living individual; (b) from which it is practicable for the identity of the individual to be directly or indirectly ascertained; and (c) in a form in which access to or processing of the data is practicable;

"Phase I Open API Programme" means, from time to time, HSBC’s programme to make the APIs and Open Data available for use by third parties in connection with Phase I of the Hong Kong Monetary Authority's Open API Framework, as may be further specified by HSBC in the API Standards and Guidelines or otherwise; 

"Recipient" has the meaning given in the definition of “Confidential Information” in this clause;

“Regulatory Authority” means all governmental, statutory or regulatory bodies and any other competent authorities or entities in any jurisdiction having responsibility for the regulation or governance of any HSBC Group Member, you, or the activities contemplated by these Terms (or persons or entities appointed by or on the direction of such authorities and/or bodies and/or entities) and "Regulatory Authority" means any of them;

“Site” means develop.hsbc.com;

“Site Account” means any user account created on the Site;

“Site Terms” has the meaning given in clause 1.2;

“Terms” means the Site Terms and the Additional Terms;

“Testing Documentation” means any information, guidance, specifications or other documentation and information provided via the Site about the Testing Facilities;

“Testing Facilities” means one or more testing environments, activities, or sandboxes that we provides or makes available to you on the Site to: (i) access the API Documentation; and/or (ii) enable you to carry out API Testing

“Ultimate Beneficial Owner” means any natural person(s) who directly or indirectly own(s) or control(s) 25% or more of the shares of a company and/or any natural person(s) who exercise(s) a Controlling Interest in that company

“You” or “you” means the person accessing the Site or using the APIs or the Open Data available via the Site

“Your Business” means the specific products and services to be provided by you using the Open Data (and your related business functions), as specified in your application for registration for the Site and

“Your Systems” means the hardware, software, networks and systems used by you to integrate with or otherwise access the APIs and/or process, hold or store Open Data, together with any other systems operated by or on your behalf in connection with Your Business.

9.2 The interpretation and construction of these Terms will be subject to the following rules, except where the context makes it clear that a rule is not intended to apply:

(a) reference to:

(i) legislation (including subordinate legislation) is to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it

(ii) a document or agreement (including these Terms), or a provision of a document or agreement, is to that document, agreement or provision as amended, supplemented, replaced or novated from time to time;

(iii) a party to these Terms or to any other document or agreement includes a permitted substitute or a permitted assign of that party; 

(iv) a clause is to the relevant clause of these Terms, and a schedule is a schedule to these Terms (unless the context otherwise requires); and

(v) a person or entity includes any type of entity or body of persons, whether or not it is incorporated or has a separate legal identity, and any executor, administrator or successor in law of the person; 

(b) a singular word includes the plural, and vice versa;

(c) general words are not to be given a restrictive meaning because they are followed by particular examples, and any words introduced by the terms "including", "include", "in particular" or any similar expression will be construed as illustrative and the words following any of those terms will not limit the sense of the words preceding those terms;

(d) the words “holding company” and “subsidiary” have the meanings set out in sections 13 and 15 of the Companies Ordinance (Cap.622 of the laws of Hong Kong) and “management control” will be demonstrated by the ability to exercise significant influence over an entity or its management

(e) the headings in these Terms are for reference purposes only and will not affect the interpretation or construction of these Terms

(f) where HSBC has any obligation under these Terms, performance of that obligations (in whole or in part) by any other HSBC Group Member will be deemed (to the same extent) to be performance by HSBC; and (g) the word "or" will not be exclusive.

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