Access to E-Reporting is obtained by means of a user ID and passwords with which the user is provided by HSBC Continental Europe S.A., Germany. By entering the user ID and passwords the user has access to the corresponding information relating to the user's investment fund and direct investments.
If a company gains the right of use (either group or individual right of use), it can give its employees authorisation for use by means of the access data received for E-Reporting. Accordingly the company and the employees authorised by it are referred to jointly as the 'user'. It is not permitted to pass on the access data to third parties outside the company. Upon consultation the user's external service providers can also be provided with a right of use for the user's E-Reporting by means of written notification of HSBC Continental Europe S.A., Germany. The respective third party is then assigned its own access data by HSBC Continental Europe S.A., Germany.
If an employee leaves the user's company or if the user revokes its consent to the right of use by an authorised employee or external service provider, the user shall inform HSBC Continental Europe S.A., Germany of this immediately in writing (e-mail is sufficient). As a result the account concerned will be blocked and the user issued with a new password.
The E-Reporting system gives users the opportunity to request information relating to investment fund and direct investments offered by HSBC Continental Europe S.A., Germany on its website. HSBC Continental Europe S.A., Germany endeavours to ensure that the information is up-to-date, correct and complete at all times. Nevertheless, as underlying investment fund and direct investments data may have changed in the meantime, the information provided is not necessarily always up-to-date, correct and complete. Within the scope of E-Reporting, information is provided without prior reconciliation with the depositary. Differences compared to the final reporting reconciled with the -depositary may therefore arise which make it necessary to subsequently amend the information provided via E-Reporting. The user bears sole responsibility for use and its consequences.
The user is not entitled to the constant availability of E-Reporting. Restrictions may arise in particular on account of maintenance work or for other technical reasons.
HSBC Continental Europe S.A., Germany reserves the right to amend, supplement or delete E-Reporting including the underlying procedure or individual content of E-Reporting in full or in part without a separate announcement, in particular if this is necessary to make technical adjustments or meet legal and supervisory requirements, respectively. Furthermore, HSBC Continental Europe S.A., Germany is not obliged to maintain the E-Reporting offer fully and indefinitely. E-Reporting may be discontinued at any time after the users have been informed correspondingly.
The user shall ensure that unauthorised persons do not gain knowledge of the password assigned to the user by HSBC Continental Europe S.A., Germany. It is not permitted to pass access data on to external service providers or other third parties.
The user shall make the necessary security arrangements according to the respective state-of-the-art technology to protect its system from interference by third parties with corresponding security procedures and carry out regular virus scans using up-to-date methods and tools.
If the user suspects misuse or that third parties have gained knowledge of the password, it shall inform HSBC Continental Europe S.A., Germany of this immediately.
If a licensed benchmark is shown in E-Reporting, e.g. for performance or risk measurement, the user warrants that the licensed benchmark will be used by the user only for internal purposes and that the licensed benchmark will not be passed on to third parties by the user.
Furthermore, the user agrees that HSBC Continental Europe S.A., Germany may disclose fund-related data to the respective licensor upon its request to the extent that this is necessary to obtain the licensed benchmark.
If the user enters the wrong password three times in succession when logging on for E-Reporting, HSBC Continental Europe S.A., Germany will bar access and only activate access again upon application by the user. Furthermore, HSBC Continental Europe S.A., Germany will bar access if it suspects misuse. The user will be informed about this.
The user may arrange for its E-Reporting access to be barred by HSBC Continental Europe S.A., Germany via written notification (e-mail is sufficient).
HSBC INKA is only liable for disruptions to E-Reporting, in particular if access is not possible temporarily or permanently for technical reasons or data transmission is not carried out properly, in the event of gross negligence or wilful misconduct.
As access to information provided by E-Reporting by unauthorised third parties cannot be fully excluded, HSBC Continental Europe S.A., Germany does not guarantee or assume liability for the confidentiality and integrity of the information provided.
HSBC Continental Europe S.A., Germany does not guarantee or warrant the actuality, correctness or completeness of the information available.
Furthermore, HSBC Continental Europe S.A., Germany points out that open transactions are not included in the reported holdings as a matter of principle.
Liability claims in connection with E-Reporting against HSBC Continental Europe S.A., Germany are generally excluded insofar as there is no demonstrable fault of an intentional or grossly negligent nature on the part of HSBC Continental Europe S.A., Germany.
Should a provision or part of a provision of these conditions of use be invalid, illegal or ineffective for any reason, the validity of the remaining provisions shall not be affected.
These conditions of use may be amended or supplemented at any time. Notifications regarding amendments are made accessible via the E-Reporting portal.
These conditions of use are subject to German law.