An individual accessing Adobe Sign for and on behalf of her/his organisation agrees and warrants she/he is authorized to execute, for and on behalf of the HSBC customer (“Customer”), all agreements that are being furnished to the Customer electronically via Adobe Sign, and such execution does not conflict with the Customer’s constitutional documents. Each such agreement executed in this fashion shall be binding and considered, in connection with any transaction to be a “writing” or “in writing”; to have been “signed”; and to constitute an “original” when printed from electronic files or records established and maintained in the normal course of business. Customer agrees to not contest the validity or enforceability of any such agreement under the provisions of any applicable law relating to whether certain agreements are to be in writing; whether certain agreements must be physically signed; or whether such individuals are authorized to execute any such agreement. Customer agrees to not contest the admissibility of records executed or created through Adobe Sign on the basis that the records executed or created were not created or maintained in physical form.
An individual accessing Adobe Sign (“Consumer”) for and on behalf of the Customer confirms that:- the giving of instructions by/on behalf of the Customer to The Hongkong and Shanghai Banking Corporation Limited, Singapore Branch (the “Bank”) via Adobe Sign in relation to services and/or products offered by the Bank (collectively, “Services”) with/via the Bank;
- the Customer is authorised to accept, enter into and perform any agreements, terms and conditions, indemnity and any supporting documentation in relation to the Services (“Agreements”) to be executed by electronic signature through the options available in Adobe Sign; and
- he / she is duly authorised by the Customer to provide the above confirmations for and on behalf of the Customer.
a. The Customer continues to be solely responsible for making its own independent assessment of any possible risks inherent in the provision of the Agreements via Adobe Sign and takes full responsibility to put in place all appropriate security measures for the Customer. The Bank accepts no responsibility for the occurrence of any such circumstances or for any action, claim, loss, damage or cost arising or incurred by the Customer as a result of or in connection with the use of Adobe Sign;
b. Adobe Sign is provided by Adobe, a third party service provider which is not associated with the Bank, and the Customer’s use of Adobe Sign is subject to Adobe’s terms and conditions of use;
c. the Customer agrees and consents to the use of electronic signatures through the options available in Adobe Sign and authorises the Bank to accept and act on any Agreements executed via electronic signature through the options available in Adobe Sign. Such electronic signature shall constitute valid execution of such Agreement and be deemed to have the same full and binding effect as a handwritten signature;
d. any agreement entered into, transaction made or service effected pursuant to any Agreement which the Bank receives via Adobe Sign shall be binding upon the Customer whether made with or without the Customer’s authority, knowledge or consent;
e. the Bank may, but is not obliged, in the Bank’s absolute discretion, to take steps to ascertain the validity, authenticity and origin of any Agreement (including requiring telephone verification of any Agreement) and may, where the Customer is unable to ascertain the validity, authenticity or origin of any Agreement, delay or refuse to act upon such Agreement or suspend or terminate any service or transaction at any time;
f. the Customer agrees that the Bank shall not be liable for any failure or delay in acting on any Agreement due to any breakdown of communication equipment or facilities for whatever reason, or delay or error in transmission for any reason beyond its control; and
g. the Customer agrees to indemnify on demand, and hold the Bank harmless from and against any and all claims in respect of, all direct, indirect and consequential liabilities, losses and costs (howsoever described), proceedings, actions and other consequences which may be incurred by the Bank as a result of the Bank relying or acting on such electronic communication and/or agreements (including any amendments or variations thereto) signed electronically by the Customer.
Consumer Disclosure and its terms shall be governed by and construed in accordance with the laws of Singapore and Customer irrevocably submits to the exclusive jurisdiction of the Singapore courts.