HSBC Internet Banking Combined Prodct Disclosre Statement and Spplementary Prodct Disclosre Statement
AN IMPORTANT MESSAGE FOR HSBC CUSTOMERS NOTICE OF CHANGE For HSBC Internet Banking Combined Prodct Disclosre Statement and Spplementary Prodct Disclosre Statement ( PDS ) On and from 25 October 2014, and in accordance with this Notice of Change, the PDS has been amended as follows: 1. 1. The following changes are made to sb-clase 1.1 Defined terms in clase 1 GENERAL TERMS AND CONDITIONS in Part A: (a) Remove the definition of the term EFT Accont and replace it with the following new definition for the term: EFT Accont means an accont yo have with HSBC which yo nominate and which HSBC athorises yo to access via the Internet Banking Service and/or to condct EFT Transactions. For the avoidance of any dobt, EFT Acconts also inclde Loan Acconts created prsant to the HSBC Personal Loan Contract and Credit Card Acconts. If there is more than one EFT Accont holder and/or more than one athorised signatory to the EFT Accont, each EFT Accont holder and each signatory mst be athorised to operate the EFT Accont alone. For the avoidance of dobt, EFT Acconts also inclde Loan Acconts and Credit Card Acconts. (b) Insert the following new definitions: Credit Card Accont means an accont established in yor name for recording all transactions in connection with the HSBC Credit Card Contract. Credit Card Contract means the credit card opening docment yo signed and the Conditions of Use as varied from time to time. HSBC Personal Loan Contract means the letter yo signed and the HSBC Personal Loan Contract Standard Terms and Conditions as varied from time to time. Loan Accont means an accont HSBC establish in yor name for recording all transactions in connection with the HSBC Personal Loan Contract. 2. The second disclaimer nder the table in sb-clase 1.9 Agreed limits in clase 1 GENERAL TERMS AND CONDITIONS in Part A is deleted and replaced with the following:
** The maximm foreign crrency transfer Instrction limit is $50,000 per Instrction where instantaneos real-time pricing is not available. Where a foreign crrency transfer Instrction is provided after the relevant Payment Ct-off Time, HSBC will apply the crrency exchange rate that applies at the time of the Instrction in order to calclate the Astralian dollar vale for the prposes of daily transaction limits. However, when HSBC processes the Instrction HSBC will apply the crrency exchange rate that applies at the time of the processing and that exchange rate may be different from the exchange rate that applied at the time the Instrction was provided. 3. Sb-clase 2.2(g) in Part A is deleted. 4. New sb-clase 2.2A Use of the Internet Banking Service in relation to Credit Card Acconts and Loan Acconts is inserted immediately after sbclase 2.2 in Part A in the manner set ot below: 2.2A Use of the Internet Banking Service in relation to Credit Card Acconts and Loan Acconts Withot limiting sb-clase 2.2 Use of the Internet Banking Service, yor se of the Internet Banking Service for the Credit Card Accont and/or Loan Accont is limited to: (a) viewing and obtaining the balance of yor EFT Accont; and (b) opening new HSBC Personal Deposit Acconts with HSBC, send Electronic Commnications to HSBC, receive Electronic Commnications from HSBC and change Passwords. 5. The second disclaimer nder the table in sb-clase 2.3 Agreed limits in clase 2 HSBC ENTITY CUSTOMERS in Part C is deleted and replaced with the following: ** The maximm foreign crrency transfer Instrction limit is $50,000 per Instrction where instantaneos real-time pricing is not available. Where a foreign crrency transfer Instrction is provided after the relevant Payment Ct-off Time, HSBC will apply the crrency exchange rate that applies at the time of the Instrction in order to calclate the Astralian dollar vale for the prposes of daily transaction limits. However, when HSBC processes the Instrction HSBC will apply the crrency exchange rate that applies at the time of the processing and that exchange rate may be different from the exchange rate that applied at the time the Instrction was provided.
PART A HSBC Internet Banking Prodct Disclosre Statement The Date of this PDS is 20 March 2013. This Prodct Disclosre Statement contained in Part A applies to and mst be read by all cstomers who se the Internet Banking Service. PART B Spplementary Prodct Disclosre Statement The Date of this SPDS is 2 November 2008. The Spplementary Prodct Disclosre Statement contained in Part B only applies to HSBC Premier Cstomers. Part B does not apply to, and need not be read by, a cstomer who is not an HSBC Premier Cstomer. PART C Spplementary Prodct Disclosre Statement The date of this SPDS is 23 March 2014. The Spplementary Prodct Disclosre Statement contained in Part C only applies to HSBC Entity Cstomers. Part C does not apply to, and need not be read by, a cstomer who is not a HSBC Entity Cstomer.
CONTENTS PART A: INTERNET BANKING PRODUCT DISCLOSURE STATEMENT Key Featres... 1 Significant Risks, Costs, Cooling-off and Taxation... 1 Access to the Internet Banking Service... 2 Other Prodct Disclosre Statements... 3 Abot these Terms...4 1. General Terms and Conditions 4 1.1 Defined terms......................................................................... 4 1.2 epayment Code...7 1.3 Code of Banking Practice... 8 1.4 Acceptance... 8 1.5 Records and statements... 8 1.6 Fees and Charges... 8 1.7 Changes to Terms... 8 1.8 Additional Users... 9 1.9 Agreed limits...10 1.10 Termination...10 1.11 Electronic commnications...11 1.12 Telegraphic Transfers...11 1.13 Contact...13 1.14 Governing Law...13 2. Internet Banking Service 13 2.1 Abot these Terms... 13 2.2 Use of the Internet Banking Service... 13 2.3 Access to Internet Banking Service.............................................. 14 2.4 Processing Instrctions... 15 2.5 Electronic advertising... 16 2.6 Internet Banking Service secrity...16 2.7 Recording Telephone Calls...17 2.8 Bill payments - Bpay Scheme...17 3. Secrity of Access Methods 19 3.1 Protecting Access Methods... 19 3.2 Gidelines... 20 4. Reporting Loss, Theft or Unathorised se or Breach of Pin, Secrity Device or Secrity Code Secrity or Mistaken Internet Payments etc 22 5. Mistaken Internet Payments 23 5.1 ADIs mst investigate... 23 5.2 Process where fnds are available and report is made within 10 bsiness days... 23 5.3 Process where fnds are available and report is made between 10 bsiness days and seven months... 23 5.4 Process where fnds are available and report is made after seven months... 24 5.5 Process where fnds are not available... 24 5.6 Unintended Recipient...24
6. Liability for Unathorised EFT Transactions 24 6.1 Athorised transaction...24 6.2 When yo are not liable...24 6.3 When yo are liable...25 6.4 When yor liability is limited...27 6.5 Electronic system malfnctions...28 7. Procedres for handling errors and investigating and resolving complaints 28 7.1 How to lodge a complaint...28 7.2 Cstomer Relations...28 7.3 HSBC s investigations...28 7.4 Reslts of HSBC s investigation...29 7.5 Financial Ombdsman Service...30 7.6 If HSBC does not comply with these procedres...30 PART B: SUPPLEMENTARY PRODUCT DISCLOSURE STATEMENT FOR HSBC INTERNET BANKING Important Information... 33 Global Transfers Terms and Conditions... 33 1. Definitions...33 2. Abot these Terms and Conditions...34 3. Acceptance...35 4. Entitlement to make Global Transfers...35 5. Global Transfer reqirements..............................................................35 6. Global Transfers Spported Crrencies Instrction times and exchange rates..........................................................................35 7. Global Transfers Unspported Crrencies Instrction times and exchange rates..........................................................................36 8. Agreed limits...37 9. Termination...37 Information abot Global Transfers...38 PART C: SUPPLEMENTARY PRODUCT DISCLOSURE STATEMENT FOR HSBC INTERNET BANKING Important Information... 41 Significant Risks... 41 1. Terms and Conditions for the Use of the Internet Banking Service by HSBC entity cstomers 42 1.1 Definitions...42 1.2 Abot these Terms and Conditions...42 1.3 Acceptance...42 2. HSBC Entity Cstomers 43 2.1 Entity Administrators and Users...43 2.2 Access Entitlements...43 2.3 Agreed Limits...43 2.4 Amendments to Use of Internet Banking Services...44 2.5 Cstomer Service and Enqiries for HSBC Entity Cstomers...45
PART A HSBC Internet Banking Prodct Disclosre Statement
KEY FEATURES The Internet Banking Service is a service that HSBC makes available throgh the internet network to enable the electronic receipt and transmission of information and instrctions (inclding in relation to a linked accont held with HSBC). It is an alternative way to do yor banking, 24 hors a day, 7 days a week. When Users log-in to the Internet Banking Service, depending on the Electronic Eqipment that they se and the way in which they elect to access the Internet Banking Service, they can perform the following: Check the balance of linked acconts held with HSBC Check crrency rates Transfer fnds to any acconts within HSBC Transfer fnds to other acconts in Astralia and overseas Set p and manage recrring payments Pay bills displaying the Bpay symbol Reqest a copy of a previos statement Stop or cancel a cheqe Reqest a new PIN for se with Phone Banking Change yor Password Place an order for the prchase or sale of foreign crrency which is to be transferred between linked acconts held with HSBC Reqest a docment, staff contact or interview with an HSBC representative Send secre emails to HSBC via the Internet Banking secred site (Note: Depending on the accont yo hold yo may not be able to access all the above featres. Service featres may be amended and may change from time to time. Also, depending on the type of Electronic Eqipment that yo elect to se to access the Internet Banking Service, yo may not be able to access all of the above featres. For example, if yo elect to access the Internet Banking Service via a smart phone or other similar mobile device, then depending on yor smart phone or mobile device, its compatibility with or Internet Banking Service and the way in which yo elect to access the Internet Banking Service, some of the above featres may not be available.) SIGNIFICANT RISKS, COSTS, COOLING-OFF AND TAXATION Significant risks It is important to keep safe any secret codes sch as the PIN, and Password and, if yo have been 1
issed a Secrity Device for se with the Internet Banking Service, the Secrity Device and the Secrity Code. Yo shold consider the inherent risks in sending instrctions, passwords and pdating yor details by email. Yo need to consider the secrity of the email and ensre yo are only connecting to http://www. hsbc.com.a Yo shold also be aware of internet and email scams which may mislead yo into providing yor financial details to an nknown party. Yo are responsible for acqiring and maintaining any eqipment reqired for contined access to and se of the Internet Banking Service. All reasonable steps mst be taken to protect the Electronic Eqipment hardware and software inclding ensring that the Electronic Eqipment is free of virses. In accessing the Internet Banking Service via telecommnication eqipment, yo shold be aware that a commnications line failre will impact yor ability to access the system. This cold reslt in delays in receiving accont information and delivering transactions to HSBC. HSBC will not be responsible for any losses sffered by yo as a reslt of line failre. Costs HSBC reglarly reviews the fees and charges that apply to its financial services to ensre that its prodcts and services remain competitive. For that reason, the specific fees applicable to the Internet Banking Service are set ot in the relevant fees and charges gide. This docment forms part of this Prodct Disclosre Statement and therefore shold be read in fll before yo make a decision to se the Internet Banking Service. If yo need another copy of the fees and charges gide, please ask a staff member of any HSBC branch, for a copy or call or Direct Service Centre on 1300 308 008. If yo have a relationship manager, please ask yor relationship manager for a copy of the fees and charges gide. Cooling off There is no cooling-off regime that applies to the Internet Banking Service. ACCESS TO THE INTERNET BANKING SERVICE Access to the Internet Banking Service is only available if yo have, or a User has on yor behalf: agreed to receiving notices regarding the Internet Banking Service by Electronic Commnication. A User s election to receive notices regarding the Internet Banking Service by electronic commnication will constitte yor agreement to receive 2
notices regarding the Internet Banking Service by Electronic Commnication to the email address nominated by the User. In order for yo to receive electronic notices, a User will need to provide HSBC with a nominated email address. The nominated email address may be changed at any time by a User. If HSBC has already received an email address from a User, HSBC will consider that email address to be the nominated email address for the prposes of yo receiving electronic notices. If HSBC has not already received a nominated email address, a User can provide s with an email address by calling HSBC or by completing and sending s a form available on www.hsbc.com.a. After HSBC is provided with a nominated email address, HSBC can notify yo of ongoing changes to the Internet Banking Service by sending an email that contains the commnication to the nominated email address, or by sending an email to the nominated email address alerting the User to retrieve the commnication on www.hsbc. com.a and/or by accessing the Internet Banking Service, as advised. Yo mst ensre that the nominated email address remains valid at all times. When yo opt-in to receive notices regarding the Internet Banking Service by Electronic Commnication and HSBC is provided with a nominated email address, yo will not receive paper notices. If a User does not provide HSBC with a nominated email address, the User will receive notices by non-electronic means. If yo terminate yor agreement to receive notices by Electronic Commnication, HSBC reserves its right not to provide access to the Internet Banking Service. AND accepted the terms and conditions applying to the Internet Banking Service as contained in this Internet Banking Prodct Disclosre Statement (the Terms ) by clicking on the Accept btton presented to a User when a User first logs-in to the Internet Banking Service and/or when these Terms are amended. If the Terms are accepted by a User, yo warrant that the User is athorised to accept the Terms on yor behalf. OTHER PRODUCT DISCLOSURE STATEMENTS Yo shold read these terms in conjnction with the Prodct Disclosre Statements applying to yor EFT Acconts accessed via the Internet Banking Service. 3
ABOUT THESE TERMS These Terms apply to the Internet Banking Service (inclding se of the Internet Banking Service to make a Bpay Payment). The Internet Banking Service provides yo with access to yor EFT Acconts. These Terms operate in conjnction with the terms and conditions applicable to EFT Acconts yo access sing the Internet Banking Service. If there is an inconsistency, these Terms prevail in respect of EFT Transactions (as defined). Other terms and conditions may apply by operation of a relevant statte or the Code of Banking Practice. Please read these Terms before sing the Internet Banking Service. If yo do not nderstand any part of them, or if yo have any qestions, please speak with a staff member at any HSBC branch or call or Direct Service Centre on 1300 306 543. Cstomer Service and Enqiries 1300 306 543 Monday to Friday from 8am to 8pm or +61 29005 8421 if calling from overseas. Lost or Stolen PINs or Secrity Devices or Sspected Unathorised Transactions Internet Banking only or Mistaken Internet Payments 1300 306 543 1. GENERAL TERMS AND CONDITIONS 1.1 Defined terms The following terms have the following meaning where sed anywhere in these terms and conditions. Access Method means a method that we make available to Users of the Internet Banking Service and accept as athority to act on an instrction given throgh Electronic Eqipment. A reference to an Access Method incldes a reference to each of its individal components and incldes, bt is not limited to an Identifier (inclding a Username), a PIN, PBN, a Secrity Code, a Username, a Password or any combination of these. ADI means an athorised deposittaking instittion as defined in the Banking Act 1959 (Cth). Bank@Post means Astralia Post s banking service. Banking Day means, for any prpose, any day other than a Satrday or Snday on which one or more branches of HSBC are open in Astralia and, if the EFT Accont is in a crrency other than Astralian Dollars, which is also a day other than a Satrday or Snday on which banks are open for bsiness in any place with which HSBC needs to commnicate or effect or arrange any payment, crrency conversion or 4
other transaction for that prpose. Biller means an organisation which tells yo that yo can make payments to it throgh the Bpay Scheme. Bpay Payment means a payment yo instrct HSBC to make on yor behalf to a Biller throgh the Bpay Scheme. Bpay Scheme means an electronic payments scheme throgh which yo can ask HSBC, while HSBC remains a member of the scheme, to make payments on yor behalf to Billers. HSBC will tell yo if it ceases to be a member of the scheme. Credit Card Accont means an accont established in yor name for recording all transactions in connection with the HSBC Credit Card Contract. Credit Card Contract means the credit card opening docment yo signed and the Conditions of Use as varied from time to time. EFT Accont means an accont yo have with HSBC which yo nominate and which HSBC athorises yo to access via the Internet Banking Service and/or to condct EFT Transactions. For the avoidance of any dobt, EFT Acconts also inclde Loan Acconts created prsant to the HSBC Personal Loan Contract and Credit Card Acconts. If there is more than one EFT Accont holder and/or more than one athorised signatory to the EFT Accont, each EFT Accont holder and each signatory mst be athorised to operate the EFT Accont alone. For the avoidance of dobt, EFT Acconts also inclde Loan Acconts and Credit Card Acconts. EFT System means the shared system nder which EFT Transactions are processed. EFT Transaction means an electronic fnds transfer from or to an EFT Accont initiated by a User throgh Electronic Eqipment sing an Access Method. Electronic Commnication means a message HSBC transmits to a User and the User receives from HSBC electronically, in a form that the User can retain for later reference sch as by printing or by storing for later display or listening. Electronic Eqipment incldes, bt is not limited to, a compter and telephone sed for Internet Banking. Grop means, in relation to HSBC, all of its offices, branches, holding companies, sbsidiaries, affiliates and any other entity of which HSBC Holdings plc owns (directly or indirectly) 50 per cent or more of the issed voting share capital or stock. HSBC Personal Loan Contract means the letter yo signed and the HSBC Personal Loan Contract 5
Standard Terms and Conditions as varied from time to time. HSBC, we, or or s means HSBC Bank Astralia Limited. ABN 48 006 434 162 AFSL 232595. Identifier means information which mst be provided to access yor EFT Acconts sing Electronic Eqipment. An Identifier incldes, bt is not limited to, the PBN and Username. Instrction means any reqest or instrction to HSBC which is effected throgh the Internet Banking Service by se of an Access Method. Internet Banking Service means the service that HSBC makes available throgh the Internet network to enable the electronic receipt and transmission of information and instrctions (inclding in relation to an EFT Accont). Loan Accont means an accont HSBC establish in yor name for recording all transactions in connection with the HSBC Personal Loan Contract. Mistaken Internet Payment means a payment made by a User throgh Pay Anyone where fnds are paid into the accont of an Unintended Recipient becase the User enters or selects a bank/state/ branch (BSB) nmber and/or accont nmber that does not belong to the named and/or intended recipient as a reslt of: (a) the User s error; or wrong BSB nmber and/or accont nmber. This does not inclde Bpay Payments. Password means the code comprising alpha-nmeric characters chosen by a User to be sed with the Username to access the Internet Banking Service. Pay Anyone means a facility within the Internet Banking Service which allows a User to make payments to other HSBC acconts or acconts held at other Astralian financial instittions. Payment Ct-off Time means the time in Sydney at which HSBC will not process or make any frther payments in that crrency on that day. The ct off time varies between crrencies. The list of specific ct off times for specific crrencies is available at www.hsbc.com.a. PBN means the ten digit Personal Banking Nmber spplied to a User and by which HSBC identifies a User for Internet Banking. PIN means the personal identification nmber provided by HSBC to yo for se as an access code when registering for the Internet Banking Service. Receiving ADI means an ADI which has sbscribed to the epayments Code and whose cstomer has received an internet payment. 6 (b) the User being advised of the
Secrity Code means an npredictable code generated by a Secrity Device at predetermined intervals, to be sed, in conjnction with a Username and Password, to access the Internet Banking Service. Once a User has accessed the Internet Banking Service, HSBC may ask the User to enter the Secrity Code a frther time to confirm some transactions. If the Secrity Device is missed, lost, stolen or the Secrity Code is allowed to be seen by a person other than the relevant User, the protection provided by the Secrity Code will be diminished or the protection will no longer be effective. Secrity Device means the physical device which HSBC may provide to each User, which generates a new Secrity Code at predetermined intervals. The Secrity Device remains HSBC s property at all times. Sending ADI means an ADI which has sbscribed to the epayments Code and whose cstomer has made an internet payment. Service means the Internet Banking Service. Terms means these terms and conditions, as amended from time to time. Unathorised means withot the knowledge or consent of a User. Unathorised EFT transaction means an electronic fnds transfer from an EFT Accont initiated throgh Electronic Eqipment sing an Access Method withot yor knowledge or consent. Unintended Recipient means the recipient of fnds as a reslt of a Mistaken Internet Payment. User means yo and any other person athorised by yo and HSBC to se the service to access and operate an accont alone. Username means the code comprising alpha-nmeric characters set p by a User to be sed with the Password and Secrity Code to access the Internet Banking Service. yo or yor means the person(s) named as cstomer in the relevant EFT Accont opening docment and where the context permits if there is more than one person named as cstomer or EFT Accont holder, references to yo mean each person separately and every two or more persons jointly. Any other grammatical forms of the word yo have corresponding meaning. 1.2 epayments Code HSBC warrants that it will comply with the reqirements of the epayments Code, where those reqirements apply to yor dealings with it. 7
1.3 Code of Banking Practice HSBC warrants that it will comply with the reqirements of the Code of Banking Practice where those reqirements apply to yor dealings with it. 1.4 Acceptance Yo agree to these Terms when, having been presented with these Terms on or website (www.hsbc. com.a), a User clicks the Accept btton indicating acceptance of the Terms. 1.5 Records and statements HSBC will provide a statement of accont for yor EFT Acconts at least every 6 months. Yo may reqest more freqent EFT Accont statements and yo may also reqest an EFT Accont statement at any time. HSBC may charge a fee for issing a replacement or dplicate statement of accont, as advised in its booklet Personal financial services charges yor gide. Yo shold careflly check EFT Accont records and statements when yo receive them. If yo believe that there has been a mistake in any transaction sing the Internet Banking Service or an Unathorised EFT Transaction, yo mst notify HSBC immediately by calling 1300 306 543. HSBC s records, nless proven to be wrong, will be evidence of yor dealings with HSBC in connection with the Internet Banking Service. 1.6 Fees and Charges If the Internet Banking Service is sed to effect a transaction yo may incr a fee and/or government charge, tax or dty on the EFT Accont yo access. HSBC may also charge yo a fee for the isse, se, renewal and replacement of an Access Method. The fees and charges payable in respect of the Internet Banking Service are detailed in HSBC s Personal financial services charges yor gide. (at the time the relevant transaction is ndertaken), available from any HSBC branch or at www.hsbc.com.a 1.7 Changes to Terms HSBC reserves the right to change these Terms and any other information it has issed abot the Internet Banking Service at any time. Where a change imposes or increases a fee or charge, we will give yo notice in writing at least 30 days before the change comes into effect. We will give yo notice in writing at least 20 days before the change comes into effect (or sch longer period reqired by law or, if applicable, the Code of Banking Practice) if we: impose, remove or adjst a daily or other periodic transaction limit applying to the se of an Access Method, an EFT Accont or Electronic Eqipment; or 8
increase yor liability for losses relating to EFT Transactions. yor notification of the cancellation is received by HSBC. Sbject to any applicable legislation or Code, we will give yo notice of other changes no later than the date on which the change takes place in writing or by pblishing an advertisement, except where an immediate change is necessary to restore or maintain the secrity of the EFT system or individal EFT Acconts. Written notice nder this clase 1.7 may be given electronically in accordance with clase 1.11. 1.8 Additional Users If HSBC agrees, yo may athorise another person to access and operate yor EFT Acconts sing the Internet Banking Service. If reqested by yo, HSBC will provide Users with an Access Method to access yor EFT Acconts. A User s access to yor EFT Acconts sing the Internet Banking Service is governed by the relevant provisions of these Terms. HSBC sggests yo provide all Users with a copy of these Terms. Yo mst ensre that each User protects their Access Method in the same way these Terms reqire yo to protect yor Access Method. Yo will be liable for all transactions carried ot on yor EFT Acconts by any person athorised by yo. Yor cancellation of a User s athority will not be effective ntil 9
1.9 Agreed limits Users mst not se an Access Method to withdraw fnds in excess All amonts are in Astralian Dollars and may change from time to time. Transfers between EFT Acconts ^ (inclding foreign crrency transfers**) Transfers between EFT Acconts and: third party acconts (inclding third party HSBC acconts) and acconts yo may have with another HSBC entity or other financial instittions [these transfers inclde foreign crrency transfers bt exclde transfers to predesignated acconts] Transfers between EFT Acconts and predesignated third party acconts inclding a pre-designated HSBC EFT Accont in Astralia** (inclding foreign crrency transfers) Maximm daily limits* $500,000 Bpay $25,000 Defalt limit is $50,000 This facility is only available on reqest. Shold we make this facility available to yo, the defalt limit is $100,000. The maximm limit yo may reqest is $250,000. 10 * The maximm daily limit figres in this table refer to the daily limits that apply to each User. For example, if yo have two Users, each User may each effect daily transfers between EFT Acconts of p to $500,000. ** The maximm foreign crrency transfer Instrction limit is $50,000 per Instrction where instantaneos real-time pricing is not available. Where a foreign crrency transfer Instrction is provided after the relevant Payment Ct-off Time, HSBC will apply the crrency exchange rate that applies at the time of the Instrction in order to calclate the Astralian dollar vale for the prposes of daily transaction limits. However, when HSBC processes the Instrction HSBC will apply the crrency exchange rate that applies at the time of the processing and that exchange rate may be different from the exchange rate that applied at the time the Instrction was provided. ^ This incldes transfers between yor Serios Saver Accont and yor Nominated Accont. of any limit agreed with HSBC. If an EFT Accont goes over the agreed limit, HSBC may permit a User to se the Access Method, bt yo mst deposit fnds to bring the EFT Accont within its agreed limit withot nreasonable delay. There are 4 types of daily transaction limits applicable to each User. The maximm daily transaction limits are: Merchants, or agents and other financial instittions may impose their own restrictions on the amont of fnds that may be withdrawn, paid or transferred. 1.10 Termination Yo may stop yor se of the Internet Banking Service at any time by giving written notice to HSBC. HSBC may terminate the Internet Banking Service at any time by giving yo a written notice. HSBC may sspend or cancel an Access Method at any time withot notice if it believes the Access Method or Secrity Device is being missed, there is a concern as to the secrity of the Access Method or Secrity Device or there is noncompliance with these Terms.
When an Access Method has been cancelled by yo or HSBC, Users mst not attempt to se the cancelled Access Method again. If de-activated, the Secrity Device mst be retrned by yo and/or yor additional User(s) pon HSBC s reqest. Bill payments or fnds transfers for which Instrctions have been given and which are schedled to be made after yor se of the Internet Banking Service is terminated may not be effected by HSBC. 1.11 Electronic commnications The Internet Banking Service is only available where yo agree that HSBC may satisfy any reqirements nder these Terms and epayments Code to provide Users with information by: (a) (b) sending an email to an email address nominated by the User; or making the information available at or website www.hsbc.com.a, or throgh the Internet Banking Service, for retrieval by a User (after notifying the User by email to the User s nominated email address that the information is available for retrieval and the natre of the information and providing the User with the ability to retrieve the information throgh or website or throgh the Internet Banking Service). If yo agree to the above, then: a) if a User has provided a nominated email address, the User will not receive paper copies of the relevant information; b) the User will need to reglarly check to see if he or she has received any emails from s; c) the User will need to maintain and check his or her Electronic Eqipment and his or her electronic address reglarly to ensre it is always capable of receiving an Electronic Commnication; and d) the User will be responsible for printing or saving important information and we strongly recommend that Users do so. Yo may at any time by notice to HSBC terminate yor agreement to receive information by Electronic Eqipment or Electronic address. If a User does not provide HSBC with a nominated email address, the User will receive notices by nonelectronic means. If yo terminate yor agreement to receive notices by Electronic Commnication HSBC reserves its right not to provide yo with access the Internet Banking Service. If this occrs HSBC will advise yo that the Service has been terminated. 1.12 Telegraphic Transfers Where yo reqest an otward Telegraphic Transfer (TT) to be effected from an accont yo 11
acknowledge and agree that the following applies: a) In the absence of any specified instrctions to the contrary, HSBC may either effect a TT in the crrency of the contry in which payment is to be made or at HSBC s sole discretion, choose not to effect the TT ntil frther instrctions are obtained from the User in which case, HSBC will not be responsible for any loss or delays which yo may sffer. b) Unless yo provide instrctions to the contrary, all charges incrred otside Astralia are for the accont of the beneficiary. c) HSBC reserves the right to draw any TT on a different place from that specified by yo if operational circmstances so reqire. d) Payment reqests delivered to HSBC (in any form inclding electronically or otherwise), are sbject to ct off times. These ct off times vary depending on the geographical location of the destination and are sbject to change from time to time. A list of ct off times is available from HSBC on reqest. e) Any reqests received by HSBC within the ct off time for the relevant crrency, will be processed on the reqested vale date. However, while HSBC will remit yor fnds on the vale date, HSBC cannot confirm the actions of the receiving bank nor garantee that the fnds will be received by the beneficiary on the same day. Fnds sent by TT will sally be received by the beneficiary bank within 48 hors from the time the TT is processed. HSBC will not be liable for any delays in processing by the beneficiary bank. f) Any reqests received by HSBC after the ct off times for the relevant crrency, will not be processed on the same day. g) Where HSBC are nable to provide a firm exchange rate qotation at the time of the User s reqest for a TT, HSBC will provide yo with a provisional exchange rate. However, HSBC will effect a TT on the basis of or actal selling rate for the relevant crrency against the AUD (or another crrency in which yor EFT Accont is denominated where applicable) at the time of processing the TT. The applicable amont will be debited from yor accont at the time the TT is processed. h) TTs are dispatched entirely at yor own risk. i) HSBC is at liberty to send any 12
TT either literally or in cipher and we accept no responsibility for any loss, delay, error, omission or mtilation, which may occr in the transmission of any message or for its misinterpretation when received. j) Yo may only cancel or amend a TT if HSBC agrees in or absolte discretion. k) In effecting a TT from an EFT Accont, HSBC may be reqired by law or other rles, policies or gidelines by which HSBC is bond, to disclose certain information which HSBC holds abot the User to the beneficiary and/ or the beneficiary s bank or intermediary service providers in the corse of effecting the payment, and by reqesting s to perform the TT, yo consent to HSBC s disclosre of yor information. l) Where yo receive an inward payment into yor accont by way of TT and that payment is made in a foreign crrency, HSBC will convert that payment into AUD nless yor accont is denominated in that crrency. m) Fees and charges are payable in respect to yor receipt of an inward or reqest for payment of an otward TT. These are set ot in HSBC s separate docment Personal financial services charges - yor gide. 1.13 Contact Yo can contact HSBC by: (a) (b) telephoning s on 1300 306 543; or writing to s at GPO Box 5302, Sydney NSW 2001. HSBC may write to yo at the address crrently recorded on its system, or in accordance with the section of these Terms headed Electronic commnications. 1.14 Governing Law HSBC s agreement with yo on these Terms and the transactions carried ot nder it are governed by the law in force in the State of New Soth Wales, Astralia. Both yo and HSBC sbmit to the non exclsive jrisdiction of the corts of that State in respect of any dispte. 2. INTERNET BANKING SERVICE 2.1 Abot these Terms These Terms apply to all transactions involving the se of the Internet Banking Service to access yor EFT Acconts. 2.2 Use of the Internet Banking Service 2.2A Use of the Internet Banking Service in relation to Credit 13
Card Acconts and Loan Acconts Withot limiting sb-clase 2.2 Use of the Internet Banking Service, yor se of the Internet Banking Service for the Credit Card Accont and/or Loan Accont is limited to: (a) (b) viewing and obtaining the balance of yor EFT Accont; and opening new HSBC Personal Deposit Acconts with HSBC, send Electronic Commnications to HSBC, receive Electronic Commnications from HSBC and change Passwords. Depending on the type of Accont and the Electronic Eqipment that is sed to access the Internet Banking Service, the Internet Banking Service can be sed to: (g) (h) (i) (j) payment instrctions in relation to any EFT Accont, make Bpay payments from any EFT Accont, change the personal details (inclding email address, telephone and fax nmbers, mailing address, date of birth, annal personal income, nmber of dependents, occpation and name of employer) held by HSBC for any EFT Accont; make a reqest for a brochre, staff contact or interview with an HSBC representative, sbject to ftre payment instrctions not applying to a specific EFT Accont select or de-select specific EFT Acconts to be linked to the Internet Banking Service; and (a) (b) (c) (d) (e) (f) obtain the balance of any EFT Accont, transfer fnds to any EFT Accont or other accont, transfer fnds from any EFT Accont, reqest copies of previos statements in relation to any EFT Accont, stop cheqes drawn on any EFT Accont, to make, view, amend and delete electronic standing order (k) place orders for the prchase or sale of foreign crrency provided that the crrency prchased is to be transferred between EFT Acconts. If placing orders for the prchase or sale of a foreign crrency in excess of any limit advised by HSBC from time to time, any rates disclosed will be indicative only. 2.3 Access to Internet Banking Service Yo agree that any person who spplies HSBC with: (a) if HSBC has issed a User with 14
(b) a Secrity Device, the User s PBN, PIN and Secrity Code; or, if HSBC has never issed a Secrity Device to a User, the User s PBN and PIN, will be asked to set p a Username and Password. Once a Username and Password has been chosen by a person, yo agree that when that person spplies HSBC with: (i) (ii) if HSBC has issed a User with a Secrity Device, the User s Secrity Code and the Username and Password; or if HSBC has never issed a Secrity Device to a User, the User s Username and Password, that person may be allowed access to the Internet Banking Service and to any EFT Accont. Once a User has accessed the Internet Banking Service, HSBC may ask the User to enter the Secrity Code (if the User has been issed with a Secrity Device) a frther time to confirm some transactions. If HSBC does so, yo acknowledge that HSBC will not carry ot the transaction nless the correct Secrity Code is spplied to it a frther time. Yo agree that HSBC may delay acting pon an Instrction or ask for more information before acting on an Instrction. Whilst HSBC may specify limits on transaction types and vales in respect of certain EFT Acconts or the se of the Internet Banking Service, yo may se the Internet Banking Service to decrease the transaction limit otherwise applicable to any EFT Accont. Please note that HSBC may refse to act on an instrction if a transaction exceeds a particlar limit - whether that limit is set by HSBC or yo. Please refer to HSBC s Internet Banking Limits for details of limits imposed pon the Internet Banking Service. When Bpay payments are made, other participants in the Bpay scheme may impose additional restrictions. Where HSBC has Instrctions for more than one payment from an EFT Accont, it will determine the order or priority in which the payments are made. HSBC may change a User s PBN or PIN at any time, by notifying the User in writing. Users may change their PIN for se with Phone Banking, or Password at any time. 2.4 Processing Instrctions If a User gives an Instrction to make an Astralian Dollar transfer between any EFT Acconts with HSBC on a day when any branch of HSBC is open for bsiness it will be made on that day. If no branch of HSBC is open for bsiness the transfer will 15
be made on the next day pon which sch a branch is open for bsiness. If a User gives an Instrction to make an Astralian Dollar transfer from an EFT Accont to an accont not held with HSBC on any day which is not a Banking Day it will not be made ntil the next Banking Day. If a User gives an Instrction on a Banking Day to make an Astralian Dollar transfer from an EFT Accont after the Payment Ct-off Time it may be processed on the next Banking Day. If a User gives an Instrction to transfer a crrency (other than Astralian Dollars) after the Payment Ct-off Time, it will be made on the next day which is both a Banking Day and a day pon which banks in the contry of the relevant bsiness are open for bsiness other than a day which is Satrday or Snday in Astralia. A Bpay Payment may take longer to be credited to a Biller if a User gives an Instrction to make the payment on a day which is not a Banking Day or if another participant in the Bpay Scheme does not process the reqest as soon as they receive its details. 2.5 Electronic advertising From time to time HSBC may advertise its own prodcts or services and those of other companies in the Grop on the website throgh which the Internet Banking Service is accessed. If, in relation to other agreements between yo and HSBC, yo have asked HSBC not to send yo any marketing material (or if yo do so in the ftre), yo agree that this restriction will not apply to these electronic advertisements and yo consent to receiving them when accessing HSBC s Internet website and/or Internet Banking Service. 2.6 Internet Banking Service secrity HSBC ses a very high level of encryption to protect transactions and yor EFT Acconts from Unathorised access. The se of sch levels of encryption may be illegal in certain jrisdictions. It is the responsibility of the User to ensre that the User s ability to se the Internet Banking Service is permitted by local law and HSBC shall not be liable for any loss or damage sffered by a User as a reslt of not being able to se the Internet Banking Service in these jrisdictions. Users are responsible for acqiring and maintaining any Electronic Eqipment reqired for contined access to and se of the Internet Banking Service, and for the User s own Electronic Eqipment anti-virs and secrity measres. Users mst take all reasonable steps to protect the secrity of their Electronic Eqipment hardware and software and their Access Method, inclding by ensring: (a) their Electronic Eqipment is free of virses; 16
(b) (c) (d) their Electronic Eqipment is not left nattended while they are logged on to the Internet Banking Service; their Electronic Eqipment is free of any form of program or mechanism capable of recording the PIN, Username and/or Password; and they sht down all windows of the browser sed to access the Internet Banking Service and that the back fnction or similar fnction cannot be sed to trace their activities. Users agree not to interfere with or damage (or attempt to interfere with or damage) any PBN, PIN, Username, Password, Secrity Code, Secrity Device, data or software associated with the Internet Banking Service. The secrity gidelines in this clase provide examples only and will not determine yor liability for any losses arising from nathorised EFT transactions. Liability for nathorised EFT transactions will be determined in accordance with Clase 6 of these Terms and epayments Code rather than these gidelines. 2.7 Recording Telephone Calls HSBC may record telephone calls made to HSBC s Direct Service Centre for training, verification, athentication and qality control prposes. 2.8 Bill payments - Bpay Scheme The provisions nder this heading of Bill payments Bpay Scheme apply if and when HSBC is instrcted to make a Bpay payment sing the Service. These provisions operate in conjnction with these Terms as well as the terms and conditions applicable to EFT Acconts accessed sing the Internet Banking Service. If there is any inconsistency between the terms and conditions applying to the EFT Accont to be debited and the provisions set ot nder this heading, these provisions prevail to the extent of the inconsistency. (a) Bpay payment instrctions The following information mst be given to HSBC to instrct it to make a Bpay Payment: (i) (ii) (iii) the Username and Password; where reqested by HSBC the Secrity Code (e.g. if a Secrity Device has been issed to the User); the EFT Accont from which the payment is to be made; (iv) the amont to be paid; (v) the Biller s code nmber (fond on the bill); and (vi) the Cstomer Reference Nmber (e.g. the accont nmber with the Biller). HSBC will then debit yor EFT Accont with the amont of that 17
Bpay Payment. HSBC will not be obliged to effect a Bpay Payment Instrction if the information given is incomplete and/or inaccrate. (b) Processing Payments Generally, a Bpay Payment will be treated as received by the Biller to whom it is directed: on the date HSBC is told to make it, if this occrs before the Payment Ct-off Time on a Banking Day; or otherwise, on the next Banking Day. A delay might occr in the processing of a Bpay Payment where: there is a pblic or bank holiday on the day after HSBC is told to make a Bpay Payment; or a Biller, or another financial instittion participating in the Bpay Scheme, does not comply with its obligations nder the Bpay Scheme. While it is expected that any delay in processing a payment for any of these reasons will not contine for more than one Banking Day, any sch delay may contine for a longer period. It is the User s responsibility to allow for sfficient time for processing of payments to the Biller. Users mst be carefl to tell HSBC the correct amont to be paid. If the amont HSBC was instrcted to pay was less than the amont needed to be paid, another Bpay Payment shold be made for the shortfall. If the amont HSBC was instrcted to pay was greater than the amont intended, the Biller shold be contacted to obtain a refnd. HSBC will attempt to make sre that Bpay Payments are processed promptly by Billers and other participants in the Bpay Scheme. HSBC will not accept an instrction to stop a Bpay Payment once it has been instrcted to make that Bpay Payment. If HSBC is advised by a Biller that a Bpay Payment cannot be processed, HSBC will: (c) advise yo of this; credit the relevant EFT Accont with the amont of that Bpay Payment; and take all reasonable steps to assist in making the Bpay Payment as qickly as possible. Liability for nathorised, fradlent or mistaken Bpay payments A mistaken Bpay Payment is a Bpay Payment to a person or for an amont which is not in accordance with the Instrctions given to HSBC, if any. If yor EFT Accont is debited with the amont of a mistaken Bpay Payment, HSBC will credit that amont to yor EFT Accont. However, yo mst pay HSBC the amont of a mistaken Bpay 18
Payment if a User is responsible for a mistake reslting in that payment and HSBC cannot recover the amont from the person who received it within 20 Banking Days of attempting to do so. Yo acknowledge that the receipt by a Biller of a mistaken or erroneos payment does not or will not constitte nder any circmstances part or whole satisfaction of any nderlying debt owed between yo and that Biller. If yo notify HSBC that a Bpay Payment made from yor EFT Accont is Unathorised, yo mst provide HSBC with a written consent addressed to the Biller who received that Bpay Payment, allowing HSBC to obtain from that Biller information abot yor accont with that Biller or the Bpay Payment, inclding yor cstomer reference nmber and sch information as is reasonably reqired to investigate the Bpay Payment. If yo do not give that consent to HSBC, the Biller may not be permitted nder law to disclose to HSBC the information it needs to investigate or rectify that Bpay Payment. (d) Conseqential damage and indemnity Sbject to the Terms and the epayments Code: (a) HSBC is not liable for any conseqential loss or damage yo may sffer as a reslt of sing the Bpay Scheme, other (b) (e) than de to any loss or damage yo sffer de to the negligence of HSBC, or in relation to any breach of a condition or warranty implied by law in contracts for the spply of goods and services and which may not be exclded, restricted or modified at all or only to a limited extent; and yo indemnify HSBC against any loss or damage it may sffer de to any claim, demand or action of any kind broght against it arising directly or indirectly becase yo: (i) did not observe any of yor obligations nder; or (ii) acted negligently or fradlently in connection with, these Terms. Sspension HSBC may at any time sspend yor right to participate in the Bpay Scheme and will do so withot notice if HSBC sspects a User, or someone acting on yor behalf, of being fradlent. Bpay Payments for which Instrctions have been given and which are schedled to be made while yor right to participate in the Bpay Scheme is sspended will not be processed by HSBC. 3. SECURITY OF ACCESS METHODS 3.1 Protecting Access Methods Users mst keep their Access 19
Methods secre to prevent Unathorised se of EFT Acconts. Users mst take care to ensre that Access Methods and the Secrity Device (if spplied) are not missed, lost or stolen and that the PIN, Password and the Secrity Code does not become known to anyone else. 3.2 Gidelines 3.2.1 These gidelines shold be followed by Users to ensre the secrity of an Access Method. These gidelines are examples only and will not determine yor liability for any losses reslting from nathorised EFT transactions on yor Accont. Liability for sch transactions will be determined in accordance with Part 6 below and the epayments Code. 3.2.2 To protect the PIN and Password: (a) (b) (c) (d) Memorise the PIN when it is received and destroy HSBC s notification of the PIN. Memorise the Password. Do not tell or show the PIN or Password to another person or allow it to be seen by another person (inclding family and friends). Do not keep a record of a PIN or Password in a way in which it can be determined by another person. (f) (g) (h) (i) and Identifier together, or record a PIN or Password on the Secrity Device. Do not record a PIN or Password on anything which is kept with or near a Secrity Device withot making a reasonable attempt to disgise the PIN or Password or prevent Unathorised access to the record. Do not record the PIN or Password on Electronic Eqipment or related articles withot making a reasonable attempt to disgise the PIN or Password or prevent Unathorised access to the record. Keep the PIN and Password separate from the Secrity Device, and never where they can both be fond together, for example in a wallet, handbag, desk, docment, file, briefcase, bedroom dresser, locker, car or clothing. Do not allow anyone to watch the PIN or Password being entered at Electronic Eqipment. 3.2.3 Notification Notify HSBC immediately by telephoning 1300 306 543 at any time if a record of a PIN or Password is lost or stolen or if a User sspects that someone else may know a PIN or Password. (e) Do not record a PIN or Password 20