HSBC Internet Banking Combined Product Disclosure Statement and Supplementary Product Disclosure Statement PART A HSBC Internet Banking Product Disclosure Statement The Date of this PDS is 20 March 2013.
This Product Disclosure Statement contained in Part A applies to and must be read by all customers who use the Internet Banking Service.
PART B Supplementary Product Disclosure Statement The Date of this SPDS is 2 November 2008.
The Supplementary Product Disclosure Statement contained in Part B only applies to HSBC Premier Customers. Part B does not apply to, and need not be read by, a customer who is not an HSBC Premier Customer.
PART C Supplementary Product Disclosure Statement The date of this SPDS is 23 March 2014.
The Supplementary Product Disclosure Statement contained in Part C only applies to HSBC Entity Customers. Part C does not apply to, and need not be read by, a customer who is not a HSBC Entity Customer. CONTENTS PART A: INTERNET BANKING PRODUCT DISCLOSURE STATEMENT Key Features ...... 1 Significant Risks, Costs, Cooling-off and Taxation ...... 1 Access to the Internet Banking Service ...... 2 Other Product Disclosure Statements ...... 3 About 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 ...... 7 1.4 Acceptance ...... 7 1.5 Records and statements ...... 7 1.6 Fees and Charges ...... 8 1.7 Changes to Terms ...... 8 1.8 Additional Users ...... 8 1.9 Agreed limits ...... 9 1.10 Termination ...... 9 1.11 Electronic communications ...... 10 1.12 Telegraphic Transfers ...... 11 1.13 Contact ...... 12 1.14 Governing Law ...... 12 2. Internet Banking Service 13 2.1 About these Terms ...... 13 2.2 Use of the Internet Banking Service ...... 13 2.3 Access to Internet Banking Service ...... 13 2.4 Processing Instructions ...... 14 2.5 Electronic advertising ...... 15 2.6 Internet Banking Service security ...... 15 2.7 Recording Telephone Calls ...... 16 2.8 Bill payments - Bpay® Scheme ...... 16 3. Security of Access Methods 18 3.1 Protecting Access Methods ...... 18 3.2 Guidelines ...... 19 4. Reporting Loss, Theft or Unauthorised use or Breach of Pin, Security Device or Security Code Security or Mistaken Internet Payments etc 21 5. Mistaken Internet Payments 22 5.1 ADIs must investigate ...... 22 5.2 Process where funds are available and report is made within 10 business days ...... 22 5.3 Process where funds are available and report is made between 10 business days and seven months ...... 22 5.4 Process where funds are available and report is made after seven months ...... 23 5.5 Process where funds are not available ...... 23 5.6 Unintended Recipient ...... 23 6. Liability for Unauthorised EFT Transactions 23 6.1 Authorised transaction ...... 23 6.2 When you are not liable ...... 23 6.3 When you are liable ...... 24 6.4 When your liability is limited ...... 26 6.5 Electronic system malfunctions ...... 27 7. Procedures for handling errors and investigating and resolving complaints 27 7.1 How to lodge a complaint ...... 27 7.2 Customer Relations ...... 27 7.3 HSBC’s investigations ...... 27 7.4 Results of HSBC’s investigation ...... 28 7.5 Financial Ombudsman Service ...... 29 7.6 If HSBC does not comply with these procedures ...... 29 PART B: SUPPLEMENTARY PRODUCT DISCLOSURE STATEMENT FOR HSBC INTERNET BANKING Important Information ...... 31 Global Transfers Terms and Conditions ...... 31 1. Definitions ...... 31 2. About these Terms and Conditions ...... 32 3. Acceptance ...... 33 4. Entitlement to make Global Transfers ...... 33 5. Global Transfer requirements ...... 33 6. Global Transfers Supported Currencies – Instruction times and exchange rates ...... 33 7. Global Transfers Unsupported Currencies – Instruction times and exchange rates ...... 34 8. Agreed limits ...... 35 9. Termination ...... 35 Information about Global Transfers ...... 36 PART C: SUPPLEMENTARY PRODUCT DISCLOSURE STATEMENT FOR HSBC INTERNET BANKING Important Information ...... 39 Significant Risks ...... 39 1. Terms and Conditions for the Use of the Internet Banking Service by HSBC entity customers 40 1.1 Definitions ...... 40 1.2 About these Terms and Conditions ...... 40 1.3 Acceptance ...... 40 2. HSBC Entity Customers 41 2.1 Entity Administrators and Users ...... 41 2.2 Access Entitlements ...... 41 2.3 Agreed Limits ...... 41 2.4 Amendments to Use of Internet Banking Services ...... 42 2.5 Customer Service and Enquiries for HSBC Entity Customers ...... 43
PART A HSBC Internet Banking Product Disclosure Statement KEY FEATURES u Place an order for the purchase or sale of foreign currency The Internet Banking Service is a which is to be transferred service that HSBC makes available between linked accounts held through the internet network to with HSBC enable the electronic receipt and transmission of information and u Request a document, staff instructions (including in relation to a contact or interview with an linked account held with HSBC). HSBC representative
It is an alternative way to do your u Send secure emails to HSBC via banking, 24 hours a day, 7 days a the Internet Banking secured week. When Users log-in to the site Internet Banking Service, depending (Note: Depending on the account you on the Electronic Equipment that hold you may not be able to access they use and the way in which they all the above features. Service elect to access the Internet Banking features may be amended and may Service, they can perform the change from time to time. following: Also, depending on the type of u Check the balance of linked Electronic Equipment that you elect accounts held with HSBC to use to access the Internet Banking u Check currency rates Service, you may not be able to access all of the above features. For u Transfer funds to any accounts example, if you elect to access the within HSBC Internet Banking Service via a smart u Transfer funds to other accounts phone or other similar mobile device, in Australia and overseas then depending on your smart phone or mobile device, its compatibility u Set up and manage recurring with our Internet Banking Service payments and the way in which you elect to
® access the Internet Banking Service, u Pay bills displaying the Bpay symbol some of the above features may not be available.) u Request a copy of a previous statement SIGNIFICANT RISKS, COSTS, COOLING-OFF AND TAXATION u Stop or cancel a cheque Significant risks u Request a new PIN for use with Phone Banking It is important to keep safe any secret codes such as the PIN, and u Change your Password Password and, if you have been
1 issued a Security Device for use services to ensure that its products with the Internet Banking Service, and services remain competitive. the Security Device and the Security For that reason, the specific fees Code. applicable to the Internet Banking Service are set out in the relevant You should consider the inherent fees and charges guide. This risks in sending instructions, document forms part of this Product passwords and updating your details Disclosure Statement and therefore by email. You need to consider the should be read in full before you security of the email and ensure you make a decision to use the Internet are only connecting to http://www. Banking Service. hsbc.com.au If you need another copy of the fees You should also be aware of internet and charges guide, please ask a and email scams which may mislead staff member of any HSBC branch, you into providing your financial for a copy or call our Direct Service details to an unknown party. Centre on 1300 308 008. If you have You are responsible for acquiring a relationship manager, please ask and maintaining any equipment your relationship manager for a copy required for continued access to of the fees and charges guide. and use of the Internet Banking Cooling off Service. All reasonable steps must be taken to protect the Electronic There is no cooling-off regime that Equipment hardware and software applies to the Internet Banking including ensuring that the Electronic Service. Equipment is free of viruses. ACCESS TO THE INTERNET In accessing the Internet Banking BANKING SERVICE Service via telecommunication equipment, you should be aware Access to the Internet Banking that a communications line failure Service is only available if you have, will impact your ability to access the or a User has on your behalf: system. This could result in delays u agreed to receiving notices in receiving account information and regarding the Internet delivering transactions to HSBC. Banking Service by Electronic HSBC will not be responsible for any Communication. losses suffered by you as a result of line failure. A User’s election to receive notices regarding the Internet Costs Banking Service by electronic HSBC regularly reviews the fees and communication will constitute charges that apply to its financial your agreement to receive 2 notices regarding the Internet When you opt-in to receive Banking Service by Electronic notices regarding the Internet Communication to the email Banking Service by Electronic address nominated by the User. Communication and HSBC is provided with a nominated In order for you to receive email address, you will not electronic notices, a User will receive paper notices. If a User need to provide HSBC with a does not provide HSBC with a nominated email address. The nominated email address, the nominated email address may User will receive notices by be changed at any time by a non-electronic means. If you User. terminate your agreement to If HSBC has already received receive notices by Electronic an email address from a User, Communication, HSBC reserves HSBC will consider that email its right not to provide access to address to be the nominated the Internet Banking Service. email address for the purposes AND of you receiving electronic notices. If HSBC has not already u accepted the terms and received a nominated email conditions applying to the address, a User can provide us Internet Banking Service as with an email address by calling contained in this Internet HSBC or by completing and Banking Product Disclosure sending us a form available on Statement (the “Terms”) by www.hsbc.com.au. clicking on the “Accept” button presented to a User when a After HSBC is provided with User first logs-in to the Internet a nominated email address, Banking Service and/or when HSBC can notify you of ongoing these Terms are amended. If changes to the Internet Banking the Terms are accepted by a Service by sending an email that User, you warrant that the User contains the communication to is authorised to accept the the nominated email address, Terms on your behalf. or by sending an email to the nominated email address OTHER PRODUCT alerting the User to retrieve the DISCLOSURE STATEMENTS communication on www.hsbc. com.au and/or by accessing the You should read these terms in Internet Banking Service, as conjunction with the Product advised. You must ensure that Disclosure Statements applying to the nominated email address your EFT Accounts accessed via the remains valid at all times. Internet Banking Service. 3 ABOUT THESE TERMS 1. GENERAL TERMS AND CONDITIONS These Terms apply to the Internet Banking Service (including use of the 1.1 Defined terms Internet Banking Service to make a The following terms have the Bpay® Payment). following meaning where used The Internet Banking Service provides anywhere in these terms and you with access to your EFT Accounts. conditions.
These Terms operate in conjunction “Access Method” means a method with the terms and conditions that we make available to Users of applicable to EFT Accounts you the Internet Banking Service and access using the Internet Banking accept as authority to act on an Service. If there is an inconsistency, instruction given through Electronic these Terms prevail in respect of EFT Equipment. A reference to an Access Transactions (as defined). Method includes a reference to each of its individual components Other terms and conditions may and includes, but is not limited to apply by operation of a relevant an Identifier (including a Username), statute or the Code of Banking a PIN, PBN, a Security Code, a Practice. Username, a Password or any Please read these Terms before combination of these. using the Internet Banking Service. “ADI” means an authorised deposit- If you do not understand any part of taking institution as defined in the them, or if you have any questions, Banking Act 1959 (Cth). please speak with a staff member at “Bank@Post™” means Australia any HSBC branch or call our Direct Post’s banking service. Service Centre on 1300 306 543. “Banking Day” means, for any Customer Service and Enquiries purpose, any day other than a 1300 306 543 Monday to Friday Saturday or Sunday on which one or from 8am to 8pm or +61 29005 8421 more branches of HSBC are open in if calling from overseas. Australia and, if the EFT Account is Lost or Stolen PINs or in a currency other than Australian Security Devices or Suspected Dollars, which is also a day other Unauthorised Transactions Internet than a Saturday or Sunday on which Banking only or Mistaken Internet banks are open for business in any Payments 1300 306 543 place with which HSBC needs to communicate or effect or arrange any payment, currency conversion or
4 other transaction for that purpose. “Electronic Communication” means a message HSBC transmits “Biller” means an organisation to a User and the User receives from which tells you that you can make HSBC electronically, in a form that payments to it through the Bpay® the User can retain for later reference Scheme. such as by printing or by storing for “Bpay® Payment” means a payment later display or listening. you instruct HSBC to make on your “Electronic Equipment” includes, behalf to a Biller through the Bpay® but is not limited to, a computer and Scheme. telephone used for Internet Banking. “Bpay® Scheme” means an “Group” means, in relation to HSBC, electronic payments scheme through all of its offices, branches, holding which you can ask HSBC, while companies, subsidiaries, affiliates HSBC remains a member of the and any other entity of which HSBC scheme, to make payments on your Holdings plc owns (directly or behalf to Billers. HSBC will tell you indirectly) 50 per cent or more of the if it ceases to be a member of the issued voting share capital or stock. scheme. “HSBC, we, our or us” means HSBC “EFT Account” means an account Bank Australia Limited. you have with HSBC which ABN 48 006 434 162 AFSL 232595. you nominate and which HSBC authorises you to access via the “Identifier” means information which Internet Banking Service and/or to must be provided to access your EFT conduct EFT Transactions. If there is Accounts using Electronic Equipment. more than one EFT Account holder An Identifier includes, but is not and/or more than one authorised limited to, the PBN and Username. signatory to the EFT Account, “Instruction” means any request or each EFT Account holder and each instruction to HSBC which is effected signatory must be authorised to through the Internet Banking Service operate the EFT Account alone. by use of an Access Method. “EFT System” means the shared “Internet Banking Service” means system under which EFT Transactions the service that HSBC makes are processed. available through the Internet network “EFT Transaction” means an to enable the electronic receipt and electronic funds transfer from or to transmission of information and an EFT Account initiated by a User instructions (including in relation to an through Electronic Equipment using EFT Account). an Access Method.
5 “Mistaken Internet Payment” “PIN” means the personal means a payment made by a User identification number provided by through ‘Pay Anyone’ where funds HSBC to you for use as an access are paid into the account of an code when registering for the Internet Unintended Recipient because the Banking Service. User enters or selects a bank/state/ “Receiving ADI” means an ADI branch (BSB) number and/or account which has subscribed to the number that does not belong to the ePayments Code and whose named and/or intended recipient as a customer has received an internet result of: payment. (a) the User’s error; or “Security Code” means an (b) the User being advised of the unpredictable code generated by a wrong BSB number and/or Security Device at predetermined account number. intervals, to be used, in conjunction with a Username and Password, to This does not include Bpay® access the Internet Banking Service. Payments. Once a User has accessed the “Password” means the code Internet Banking Service, HSBC may comprising alpha-numeric characters ask the User to enter the Security chosen by a User to be used with Code a further time to confirm the Username to access the Internet some transactions. If the Security Banking Service. Device is misused, lost, stolen or the Security Code is allowed to be seen “Pay Anyone” means a facility within by a person other than the relevant the Internet Banking Service which User, the protection provided by the allows a User to make payments to Security Code will be diminished other HSBC accounts or accounts or the protection will no longer be held at other Australian financial effective. institutions. “Security Device” means the “Payment Cut-off Time” means physical device which HSBC the time in Sydney at which HSBC may provide to each User, which will not process or make any further generates a new Security Code at payments in that currency on that predetermined intervals. The Security day. The cut off time varies between Device remains HSBC’s property at currencies. The list of specific cut all times. off times for specific currencies is available at www.hsbc.com.au. “Sending ADI” means an ADI which has subscribed to the ePayments “PBN” means the ten digit Personal Code and whose customer has made Banking Number supplied to a User an internet payment. and by which HSBC identifies a User for Internet Banking. 6 “Service” means the Internet 1.2 ePayments Code Banking Service. HSBC warrants that it will “Terms” means these terms and comply with the requirements of conditions, as amended from time to the ePayments Code, where those time. requirements apply to your dealings with it. “Unauthorised” means without the knowledge or consent of a User. 1.3 Code of Banking Practice
“Unauthorised EFT transaction” HSBC warrants that it will comply means an electronic funds transfer with the requirements of the Code from an EFT Account initiated of Banking Practice where those through Electronic Equipment using requirements apply to your dealings an Access Method without your with it. knowledge or consent. 1.4 Acceptance “Unintended Recipient” means You agree to these Terms when, the recipient of funds as a result having been presented with these of a Mistaken Internet Payment. Terms on our website (www.hsbc. “User” means you and any other com.au), a User clicks the “Accept” person authorised by you and HSBC button indicating acceptance of the to use the service to access and Terms. operate an account alone. 1.5 Records and statements “Username” means the code HSBC will provide a statement comprising alpha-numeric characters of account for your EFT Accounts set up by a User to be used with at least every 6 months. You may the Password and Security Code to request more frequent EFT Account access the Internet Banking Service. statements and you may also “you” or “your” means the request an EFT Account statement at person(s) named as customer in any time. HSBC may charge a fee for the relevant EFT Account opening issuing a replacement or duplicate document and where the context statement of account, as advised permits if there is more than one in its booklet “Personal financial person named as customer or EFT services charges – your guide.” Account holder, references to you You should carefully check EFT mean each person separately and Account records and statements every two or more persons jointly. when you receive them. If you Any other grammatical forms of the believe that there has been a mistake word “you” have corresponding in any transaction using the Internet meaning. Banking Service or an Unauthorised EFT Transaction, you must notify 7 HSBC immediately by calling 1300 u impose, remove or adjust 306 543. HSBC’s records, unless a daily or other periodic proven to be wrong, will be evidence transaction limit applying to of your dealings with HSBC in the use of an Access Method, connection with the Internet Banking an EFT Account or Electronic Service. Equipment; or
1.6 Fees and Charges u increase your liability for losses relating to EFT Transactions. If the Internet Banking Service is used to effect a transaction you Subject to any applicable legislation or may incur a fee and/or government Code, we will give you notice of other charge, tax or duty on the EFT changes no later than the date on Account you access. HSBC may which the change takes place in writing also charge you a fee for the issue, or by publishing an advertisement, use, renewal and replacement of except where an immediate change is an Access Method. The fees and necessary to restore or maintain the charges payable in respect of the security of the EFT system or individual Internet Banking Service are detailed EFT Accounts. in HSBC’s “Personal financial Written notice under this clause services charges – your guide.” 1.7 may be given electronically in (at the time the relevant transaction accordance with clause 1.11. is undertaken), available from any HSBC branch or at 1.8 Additional Users www.hsbc.com.au If HSBC agrees, you may authorise 1.7 Changes to Terms another person to access and operate your EFT Accounts using the HSBC reserves the right to Internet Banking Service. change these Terms and any other information it has issued about the If requested by you, HSBC will Internet Banking Service at any time. provide Users with an Access Method to access your EFT Where a change imposes or increases Accounts. A User’s access to your a fee or charge, we will give you EFT Accounts using the Internet notice in writing at least 30 days Banking Service is governed by the before the change comes into effect. relevant provisions of these Terms. We will give you notice in writing HSBC suggests you provide all Users at least 20 days before the change with a copy of these Terms. You must comes into effect (or such longer ensure that each User protects their period required by law or, if Access Method in the same way applicable, the Code of Banking these Terms require you to protect Practice) if we: your Access Method.
8 You will be liable for all transactions of any limit agreed with HSBC. If an carried out on your EFT Accounts by EFT Account goes over the agreed any person authorised by you. limit, HSBC may permit a User to use the Access Method, but you Your cancellation of a User’s must deposit funds to bring the authority will not be effective until EFT Account within its agreed limit your notification of the cancellation is without unreasonable delay. There received by HSBC. are 4 types of daily transaction 1.9 Agreed limits limits applicable to each User. The maximum daily transaction limits are: Users must not use an Access
Method to withdraw funds in excess
Maximum daily limits*
Transfers between EFT Accounts ^ $500,000 (including foreign currency transfers**)
Transfers between EFT Accounts and: • third party accounts (including third
party HSBC accounts) and • accounts you may have with another Default limit is $50,000 HSBC entity or other financial institutions [these transfers include foreign currency
transfers but exclude transfers to pre- designated accounts] Transfers between EFT Accounts and pre- This facility is only available on request. designated third party accounts including Should we make this facility available to a pre-designated HSBC EFT Account in you, the default limit is $100,000. The Australia** (including foreign currency maximum limit you may request transfers) is $250,000.
® Bpay $25,000
* The maximum daily limit figures in this table refer to the All amounts are in Australian Dollars daily limits that apply to each User. For example, if you have two Users, each User may each effect daily transfers and may change from time to time. “between EFT Accounts” of up to $500,000. ** The maximum foreign currency transfer Instruction limit Merchants, our agents and other is $50,000 per Instruction. We will not process any foreign currency transfer Instructions above $50,000. Where a foreign financial institutions may impose currency transfer Instruction is provided after the relevant Payment Cut-off Time, HSBC will apply the currency exchange their own restrictions on the amount rate that applies at the time of the Instruction in order to calculate the Australian dollar value for the purposes of daily of funds that may be withdrawn, paid transaction limits. However, when HSBC processes the Instruction HSBC will apply the currency exchange rate that or transferred. applies at the time of the processing and that exchange rate may be different from the exchange rate that applied at the 1.10 Termination time the Instruction was provided. ^ This includes transfers between your Serious Saver Account and your Nominated Account. You may stop your use of the Internet Banking Service at any time by giving written notice to HSBC.
9 HSBC may terminate the Internet notifying the User by email to Banking Service at any time by the User’s nominated email giving you a written notice. HSBC address that the information may suspend or cancel an Access is available for retrieval and Method at any time without notice the nature of the information if it believes the Access Method or and providing the User with Security Device is being misused, the ability to retrieve the there is a concern as to the security information through our website of the Access Method or Security or through the Internet Banking Device or there is noncompliance Service). with these Terms. If you agree to the above, then: When an Access Method has been a) if a User has provided a cancelled by you or HSBC, Users nominated email address, must not attempt to use the cancelled the User will not receive Access Method again. If de-activated, paper copies of the relevant the Security Device must be returned information; by you and/or your additional User(s) upon HSBC’s request. b) the User will need to regularly check to see if he or she has Bill payments or funds transfers for received any emails from us; which Instructions have been given and which are scheduled to be made c) the User will need to maintain after your use of the Internet Banking and check his or her Electronic Service is terminated may not be Equipment and his or her effected by HSBC. electronic address regularly to ensure it is always capable 1.11 Electronic communications of receiving an Electronic The Internet Banking Service is only Communication; and available where you agree that HSBC d) the User will be responsible may satisfy any requirements under for printing or saving important these Terms and ePayments Code to information – and we strongly provide Users with information by: recommend that Users do so. (a) sending an email to an email You may at any time by notice to address nominated by the User; HSBC terminate your agreement or to receive information by Electronic (b) making the information available Equipment or Electronic address. at our website If a User does not provide HSBC www.hsbc.com.au, or through with a nominated email address, the Internet Banking Service, the User will receive notices by non- for retrieval by a User (after electronic means. If you terminate 10 your agreement to receive notices subject to cut off times. These by Electronic Communication HSBC cut off times vary depending on reserves its right not to provide you the geographical location of the with access the Internet Banking destination and are subject to Service. If this occurs HSBC will change from time to time. A list advise you that the Service has been of cut off times is available from terminated. HSBC on request.
1.12 Telegraphic Transfers e) Any requests received by HSBC within the cut off time Where you request an outward for the relevant currency, will Telegraphic Transfer (TT) to be be processed on the requested effected from an account you value date. However, while acknowledge and agree that the HSBC will remit your funds on following applies: the value date, HSBC cannot a) In the absence of any specified confirm the actions of the instructions to the contrary, receiving bank nor guarantee HSBC may either effect a TT in that the funds will be received the currency of the country in by the beneficiary on the which payment is to be made same day. Funds sent by TT or at HSBC’s sole discretion, will usually be received by choose not to effect the TT until the beneficiary bank within further instructions are obtained 48 hours from the time the from the User in which case, TT is processed. HSBC will HSBC will not be responsible not be liable for any delays in for any loss or delays which you processing by the beneficiary may suffer. bank. b) Unless you provide instructions f) Any requests received by HSBC to the contrary, all charges after the cut off times for the incurred outside Australia relevant currency, will not be are for the account of the processed on the same day. beneficiary. g) Where HSBC are unable c) HSBC reserves the right to to provide a firm exchange draw any TT on a different place rate quotation at the time of from that specified by you if the User’s request for a TT, operational circumstances so HSBC will provide you with require. a provisional exchange rate. However, HSBC will effect a d) Payment requests delivered to TT on the basis of our actual HSBC (in any form including selling rate for the relevant electronically or otherwise), are 11 currency against the AUD (or l) Where you receive an inward another currency in which your payment into your account by EFT Account is denominated way of TT and that payment where applicable) at the time is made in a foreign currency, of processing the TT. The HSBC will convert that payment applicable amount will be into AUD unless your account is debited from your account at denominated in that currency. the time the TT is processed. m) Fees and charges are payable h) TTs are dispatched entirely at in respect to your receipt of an your own risk. inward or request for payment of an outward TT. These are i) HSBC is at liberty to send any set out in HSBC’s separate TT either literally or in cipher document “Personal financial and we accept no responsibility services charges - your guide”. for any loss, delay, error, omission or mutilation, which 1.13 Contact may occur in the transmission You can contact HSBC by: of any message or for its misinterpretation when (a) telephoning us on received. 1300 306 543; or
j) You may only cancel or amend (b) writing to us at a TT if HSBC agrees in our GPO Box 5302, absolute discretion. Sydney NSW 2001.
k) In effecting a TT from an HSBC may write to you at the EFT Account, HSBC may address currently recorded on its be required by law or other system, or in accordance with the rules, policies or guidelines section of these Terms headed by which HSBC is bound, to “Electronic communications”. disclose certain information which HSBC holds about the 1.14 Governing Law User to the beneficiary and/ HSBC’s agreement with you on or the beneficiary’s bank or these Terms and the transactions intermediary service providers carried out under it are governed by in the course of effecting the the law in force in the State of New payment, and by requesting us South Wales, Australia. Both you and to perform the TT, you consent HSBC submit to the non exclusive to HSBC’s disclosure of your jurisdiction of the courts of that State information. in respect of any dispute.
12 2. INTERNET BANKING (i) change the personal details SERVICE (including email address, telephone and fax numbers, 2.1 About these Terms mailing address, date of birth, These Terms apply to all transactions annual personal income, involving the use of the Internet number of dependents, Banking Service to access your EFT occupation and name of Accounts. employer) held by HSBC for any EFT Account; 2.2 Use of the Internet Banking Service (j) make a request for a brochure, staff contact or interview with Depending on the type of Account an HSBC representative, and the Electronic Equipment that is used to access the Internet Banking (k) subject to future payment Service, the Internet Banking Service instructions not applying to a can be used to: specific EFT Account – select or de-select specific EFT Accounts (a) obtain the balance of any EFT to be linked to the Internet Account, Banking Service; and
(b) transfer funds to any EFT (l) place orders for the purchase or Account or other account, sale of foreign currency provided that the currency purchased is (c) transfer funds from any EFT to be transferred between EFT Account, Accounts. If placing orders for (d) request copies of previous the purchase or sale of a foreign statements in relation to any currency in excess of any limit EFT Account, advised by HSBC from time to time, any rates disclosed will be (e) stop cheques drawn on any EFT indicative only. Account, 2.3 Access to Internet Banking (f) to make, view, amend and Service delete electronic standing order payment instructions in relation You agree that any person who to any EFT Account, supplies HSBC with:
(g) view non electronic direct (a) if HSBC has issued a User with standing order payment a Security Device, the User’s instructions in relation to any PBN, PIN and Security Code; or, EFT Account, (b) if HSBC has never issued a (h) make Bpay® payments from any Security Device to a User, the EFT Account, User’s PBN and PIN, will be 13 asked to set up a Username Service, you may use the Internet and Password. Banking Service to decrease the transaction limit otherwise applicable Once a Username and to any EFT Account. Please note Password has been chosen that HSBC may refuse to act on an by a person, you agree that instruction if a transaction exceeds when that person supplies a particular limit - whether that limit HSBC with: is set by HSBC or you. Please refer (i) if HSBC has issued a User to HSBC’s Internet Banking Limits with a Security Device, for details of limits imposed upon the User’s Security Code the Internet Banking Service. When and the Username and Bpay® payments are made, other Password; or participants in the Bpay® scheme may impose additional restrictions. (ii) if HSBC has never issued a Security Device to a User, Where HSBC has Instructions for the User’s Username and more than one payment from an EFT Password, that person may Account, it will determine the order be allowed access to the or priority in which the payments are Internet Banking Service made. and to any EFT Account. HSBC may change a User’s PBN or Once a User has accessed the PIN at any time, by notifying the User Internet Banking Service, HSBC may in writing. Users may change their ask the User to enter the Security PIN for use with Phone Banking, or Code (if the User has been issued Password at any time. with a Security Device) a further 2.4 Processing Instructions time to confirm some transactions. If HSBC does so, you acknowledge If a User gives an Instruction to make that HSBC will not carry out the an Australian Dollar transfer between transaction unless the correct any EFT Accounts with HSBC on Security Code is supplied to it a a day when any branch of HSBC is further time. open for business it will be made on that day. If no branch of HSBC is You agree that HSBC may delay open for business the transfer will acting upon an Instruction or ask for be made on the next day upon which more information before acting on an such a branch is open for business. Instruction. If a User gives an Instruction to make Whilst HSBC may specify limits an Australian Dollar transfer from an on transaction types and values in EFT Account to an account not held respect of certain EFT Accounts with HSBC on any day which is not a or the use of the Internet Banking 14 Banking Day it will not be made until consent to receiving them when the next Banking Day. accessing HSBC’s Internet website and/or Internet Banking Service. If a User gives an Instruction on a Banking Day to make an Australian 2.6 Internet Banking Service Dollar transfer from an EFT Account security after the Payment Cut-off Time it may HSBC uses a very high level of be processed on the next Banking Day. encryption to protect transactions If a User gives an Instruction to transfer and your EFT Accounts from a currency (other than Australian Unauthorised access. The use of Dollars) after the Payment Cut-off such levels of encryption may be Time, it will be made on the next day illegal in certain jurisdictions. It is the which is both a Banking Day and a responsibility of the User to ensure day upon which banks in the country that the User’s ability to use the of the relevant business are open for Internet Banking Service is permitted business other than a day which is by local law and HSBC shall not be Saturday or Sunday in Australia. liable for any loss or damage suffered by a User as a result of not being A Bpay® Payment may take longer to able to use the Internet Banking be credited to a Biller if a User gives Service in these jurisdictions. an Instruction to make the payment Users are responsible for acquiring on a day which is not a Banking and maintaining any Electronic Day or if another participant in the Equipment required for continued Bpay® Scheme does not process the access to and use of the Internet request as soon as they receive its Banking Service, and for the User’s details. own Electronic Equipment anti-virus 2.5 Electronic advertising and security measures. Users must take all reasonable steps to protect From time to time HSBC may the security of their Electronic advertise its own products or Equipment hardware and software services and those of other and their Access Method, including companies in the Group on the by ensuring: website through which the Internet Banking Service is accessed. If, (a) their Electronic Equipment is in relation to other agreements free of viruses; between you and HSBC, you have (b) their Electronic Equipment is asked HSBC not to send you any not left unattended while they marketing material (or if you do so are logged on to the Internet in the future), you agree that this Banking Service; restriction will not apply to these electronic advertisements and you (c) their Electronic Equipment is
15 free of any form of program or Service. These provisions operate mechanism capable of recording in conjunction with these Terms as the PIN, Username and/or well as the terms and conditions Password; and applicable to EFT Accounts accessed using the Internet Banking Service. If (d) they shut down all windows there is any inconsistency between of the browser used to access the terms and conditions applying the Internet Banking Service to the EFT Account to be debited and that the “back” function or and the provisions set out under this similar function cannot be used heading, these provisions prevail to to trace their activities. the extent of the inconsistency. Users agree not to interfere with or (a) Bpay® payment instructions damage (or attempt to interfere with or damage) any PBN, PIN, Username, The following information must be Password, Security Code, Security given to HSBC to instruct it to make Device, data or software associated a Bpay® Payment: with the Internet Banking Service. (i) the Username and Password; The security guidelines in this clause (ii) where requested by HSBC the provide examples only and will Security Code (e.g. if a Security not determine your liability for any Device has been issued to the losses arising from unauthorised EFT User); transactions. (iii) the EFT Account from which Liability for unauthorised EFT the payment is to be made; transactions will be determined in accordance with Clause 6 of these (iv) the amount to be paid; Terms and ePayments Code rather than these guidelines. (v) the Biller’s code number (found on the bill); and 2.7 Recording Telephone Calls (vi) the Customer Reference HSBC may record telephone calls Number (e.g. the account made to HSBC’s Direct Service number with the Biller). Centre for training, verification, authentication and quality control HSBC will then debit your EFT purposes. Account with the amount of that Bpay® Payment. HSBC will not be ® 2.8 Bill payments - Bpay Scheme obliged to effect a Bpay® Payment Instruction if the information given is The provisions under this heading incomplete and/or inaccurate. of “Bill payments Bpay® Scheme” apply if and when HSBC is instructed to make a Bpay® payment using the 16 (b) Processing Payments intended, the Biller should be contacted to obtain a refund. Generally, a Bpay® Payment will be treated as received by the Biller to HSBC will attempt to make sure whom it is directed: that Bpay® Payments are processed promptly by Billers and other u on the date HSBC is told to participants in the Bpay® Scheme. make it, if this occurs before the Payment Cut-off Time on a HSBC will not accept an instruction Banking Day; or to stop a Bpay® Payment once it has been instructed to make that Bpay® u otherwise, on the next Payment. Banking Day. If HSBC is advised by a Biller that a A delay might occur in the processing Bpay® Payment cannot be processed, of a Bpay® Payment where: HSBC will: u there is a public or bank holiday u advise you of this; on the day after HSBC is told to make a Bpay® Payment; or u credit the relevant EFT Account with the amount of that Bpay® u a Biller, or another financial Payment; and institution participating in the Bpay® Scheme, does not u take all reasonable steps to comply with its obligations assist in making the Bpay®� under the Bpay® Scheme. Payment as quickly as possible.
While it is expected that any delay (c) Liability for unauthorised, in processing a payment for any of fraudulent or mistaken Bpay® these reasons will not continue for payments more than one Banking Day, any A mistaken Bpay® Payment is a such delay may continue for a longer Bpay® Payment to a person or for an period. It is the User’s responsibility amount which is not in accordance to allow for sufficient time for with the Instructions given to HSBC, processing of payments to the Biller. if any. If your EFT Account is debited Users must be careful to tell HSBC with the amount of a mistaken the correct amount to be paid. If the Bpay® Payment, HSBC will credit amount HSBC was instructed to pay that amount to your EFT Account. was less than the amount needed However, you must pay HSBC to be paid, another Bpay® Payment the amount of a mistaken Bpay® should be made for the shortfall. If Payment if a User is responsible the amount HSBC was instructed for a mistake resulting in that to pay was greater than the amount payment and HSBC cannot recover
17 the amount from the person who warranty implied by law in received it within 20 Banking Days of contracts for the supply of attempting to do so. goods and services and which may not be excluded, restricted You acknowledge that the receipt by or modified at all or only to a a Biller of a mistaken or erroneous limited extent; and payment does not or will not constitute under any circumstances (b) you indemnify HSBC against part or whole satisfaction of any any loss or damage it may underlying debt owed between you suffer due to any claim, demand and that Biller. or action of any kind brought against it arising directly or If you notify HSBC that a Bpay® indirectly because you: Payment made from your EFT Account is Unauthorised, you must (i) did not observe any of your provide HSBC with a written consent obligations under; or addressed to the Biller who received (ii) acted negligently or that Bpay® Payment, allowing HSBC fraudulently in connection to obtain from that Biller information with, these Terms. about your account with that Biller or the Bpay® Payment, including your (e) Suspension customer reference number and such information as is reasonably required HSBC may at any time suspend your right to participate in the Bpay® to investigate the Bpay® Payment. If you do not give that consent to Scheme and will do so without HSBC, the Biller may not be permitted notice if HSBC suspects a User, or under law to disclose to HSBC the someone acting on your behalf, of ® information it needs to investigate or being fraudulent. Bpay Payments for which Instructions have been given rectify that Bpay® Payment. and which are scheduled to be made (d) Consequential damage and while your right to participate in the indemnity Bpay® Scheme is suspended will not be processed by HSBC. Subject to the Terms and the ePayments Code: 3. SECURITY OF ACCESS METHODS (a) HSBC is not liable for any consequential loss or damage 3.1 Protecting Access Methods you may suffer as a result of Users must keep their Access using the Bpay® Scheme, other than due to any loss or damage Methods secure to prevent you suffer due to the negligence Unauthorised use of EFT Accounts. of HSBC, or in relation to Users must take care to ensure that any breach of a condition or Access Methods and the Security 18 Device (if supplied) are not misused, (f) Do not record a PIN or Password lost or stolen and that the PIN, on anything which is kept with or Password and the Security Code does near a Security Device without not become known to anyone else. making a reasonable attempt to disguise the PIN or Password or 3.2 Guidelines prevent Unauthorised access to 3.2.1 These guidelines should be the record. followed by Users to ensure the (g) Do not record the PIN or security of an Access Method. Password on Electronic These guidelines are examples Equipment or related articles only and will not determine without making a reasonable your liability for any losses attempt to disguise the PIN resulting from unauthorised or Password or prevent EFT transactions on your Unauthorised access to the Account. Liability for such record. transactions will be determined in accordance with Part 6 below (h) Keep the PIN and Password and the ePayments Code. separate from the Security Device, and never where they 3.2.2 To protect the PIN and can both be found together, for Password: example in a wallet, handbag, (a) Memorise the PIN when it is desk, document, file, briefcase, received and destroy HSBC’s bedroom dresser, locker, car or notification of the PIN. clothing.
(b) Memorise the Password. (i) Do not allow anyone to watch the PIN or Password being (c) Do not tell or show the PIN or entered at Electronic Equipment. Password to another person or allow it to be seen by another 3.2.3 Notification person (including family and Notify HSBC immediately by friends). telephoning 1300 306 543 at any time if a record of a PIN or (d) Do not keep a record of a PIN Password is lost or stolen or if or Password in a way in which a User suspects that someone it can be determined by another else may know a PIN or person. Password.
(e) Do not record a PIN or Password 3.2.4 Memory aids and reasonable and Identifier together, or record disguises a PIN or Password on the If a memory aid is required to Security Device. recall the PIN or Password such a
19 record may be made provided the (i) dates of birth; record is reasonably disguised. (ii) personal telephone Examples which we do not numbers; consider provide a reasonable (iii) car registration numbers; disguise are: (iv) family members’ names; (a) recording the PIN or Password as a series of numbers with (v) social security numbers; or any of them marked, circled or highlighted to indicate the PIN (vi) licence numbers. or Password; (h) recording the PIN or Password (b) recording the PIN or Password as a: with surrounding information (i) date of birth; which makes it stand out from its context; (ii) postcode; or
(c) recording the PIN or Password (iii) telephone number, without as a string of digits in isolation additional features of from other information unless disguise; the context provides adequate (i) storing the PIN or Password disguise; in any low security electronic (d) disguising the PIN or Password device of any kind, such as (but by reversing the number not limited to): sequence; (i) calculators; (e) describing the disguised record (ii) personal computers; or as a “PIN record” or “Password record” or similar; (iii) electronic organisers. (f) disguising the PIN or Password There may be other forms of disguise using alphabetical characters or numbers eg A=1, B=2, which may also be unsuitable because C=3, etc, or in any other easily of the ease of another person understood code; discerning the PIN or Password.
(g) selecting or disguising the 3.2.5 To protect the Security Code PIN or Password using any of (a) Carry the Security Device the following combinations whenever possible. (or parts of them), with the PIN or Password in its (b) Always keep the Security correct sequence within the Device in a safe place and combination: check regularly to ensure that it has not been lost or stolen. 20 (c) Do not record a PIN or Password a Security Device is misused lost or or an Identifier on the Security stolen or if a transaction is suspected Device. to have been made on an EFT Account without a User’s authority. (d) Do not record a PIN or Password or an Identifier on anything Users should also notify HSBC which is kept with or near a if they believe they have made a Security Device without making mistake in instructing HSBC to make a reasonable attempt to disguise a Bpay® Payment, if there are any the PIN or Password or Identifier. delays or mistakes in processing Bpay® Payments, if a Bpay® Payment (e) Do not lend the Security Device that has been made from an EFT to anyone. Account is Unauthorised, or if a User (f) Do not tell or show the Security has been fraudulently induced to Code to another person or allow make a Bpay® Payment. it to be seen by another person Users should also notify HSBC (including family and friends). immediately if they believe they have (g) Do not leave the Security made a Mistaken Internet Payment. Device behind after making an Users should notify HSBC in EFT Transaction. Australia by calling us on 1300 306 (h) Do not drop the Security Device 543. If overseas, Users should report or expose it to high heat, liquids to any branch of a Group member or attempt to disassemble the bank or call +612 9005 8187. Security Device. HSBC may cancel the Access Notify HSBC immediately by Method (involving, if relevant, telephoning 1300 306 543 at any deactivating the Security Device), time if the Security Device is and arrange for the User to select misused, lost or stolen. or be provided with a new one, as appropriate. 4. REPORTING LOSS, THEFT OR UNAUTHORISED HSBC will acknowledge the USE OR BREACH OF notification by giving the User a PIN, SECURITY DEVICE reference number that verifies the OR SECURITY CODE date and time HSBC was contacted. SECURITY OR MISTAKEN The number is proof that HSBC was INTERNET PAYMENTS advised according to these Terms and ETC should be kept for future reference. Users must notify HSBC immediately If for any reason HSBC’s hotline if a PIN or Password or Security Code is unavailable and this prevents becomes known to someone else, if notification, you will not be liable for 21 any Unauthorised transaction which (b) HSBC is advised by the could have been prevented during Receiving ADI that there this period if the hotline had been are sufficient credit funds available, provided HSBC is notified available in the account of the within a reasonable time of the Unintended Recipient to the hotline becoming available again. value of the Mistaken Internet Payment, the Receiving ADI You agree that HSBC may disclose must forward the funds to information about you or your EFT HSBC no later than 10 business Account to the police or other third days after receiving our request parties if it thinks it will help prevent to return the funds. or recover losses or if it is legally obliged to do so. 5.3 Process where funds are available and report is made 5. MISTAKEN INTERNET between 10 business days PAYMENTS and seven months 5.1 ADIs must investigate Where a User reports a Mistaken Where a User reports a Mistaken Internet Payment between 10 Internet Payment, HSBC will business days and seven months investigate whether a Mistaken after making the payment and: Internet Payment has occurred. (a) HSBC and the Receiving ADI are If HSBC is satisfied that a Mistaken satisfied that a Mistaken Internet Internet Payment has occurred, Payment has occurred; and HSBC will send the Receiving ADI a (b) HSBC is advised by the Receiving request for return of the funds. ADI that there are sufficient If HSBC is not satisfied that a credit funds available in the Mistaken Internet Payment has account of the Unintended occurred, HSBC will not take any Recipient to the value of the further action. Mistaken Internet Payment,
5.2 Process where funds are The Receiving ADI must: available and report is made (a) prevent the Unintended Recipient within 10 business days from withdrawing the funds for Where a User reports a Mistaken 10 further business days; and Internet Payment within 10 business (b) if the Unintended Recipient days of making the payment and: does not establish that they (a) HSBC and the Receiving ADI are are entitled to the funds during satisfied that a Mistaken Internet this period, the Receiving ADI Payment has occurred; and must return the funds to HSBC
22 within two business days after If the Receiving ADI is unable the expiry of the 10 business day to recover the funds from the period referred to above. Unintended Recipient, the account holder will be liable for losses arising 5.4 Process where funds are from the Mistaken Internet Payment. available and report is made after seven months 5.6 Unintended Recipient
Where a User reports a Mistaken If you receive a Mistaken Internet Internet Payment more than seven Payment into your account, you months after making the payment authorise HSBC, as Receiving ADI, to and: withdraw the funds from your account and return the funds to the Sending (a) HSBC and the Receiving ADI are ADI in order to comply with our satisfied that a Mistaken Internet obligations under the ePayments Code. Payment has occurred; 6. LIABILITY FOR (b) HSBC is advised by the Receiving UNAUTHORISED ADI that there are sufficient EFT TRANSACTIONS credit funds available in the account of the Unintended 6.1 Authorised transaction Recipient to the value of the You are liable for all EFT Transactions Mistaken Internet Payment; and carried out in respect of your EFT (c) the Unintended Recipient Accounts with the knowledge and consents to return of the funds, consent of a User.
the Receiving ADI must forward 6.2 When you are not liable the funds to HSBC. You will not be liable for losses in 5.5 Process where funds are respect of an EFT Account caused by not available an Unauthorised EFT Transaction:
Where HSBC and the Receiving ADI (a) resulting from Unauthorised use are satisfied that a Mistaken Internet of a PIN, or Security Code before Payment has occurred, but there the User has received the PIN or are insufficient credit funds available Security Device which forms part in the account of the Unintended of their Access Method; Recipient to the full value of the (b) after HSBC receives notification Mistaken Internet Payment, the that a PIN, Password or Security Receiving ADI must use reasonable Device has been misused, lost, endeavours to retrieve the funds from stolen or the PIN, Password the Unintended Recipient for return or Security Code has become to the holder. known to someone else;
23 (c) relating to any component of an Transaction by: Access Method that is forged, (a) the User’s fraud; faulty, expired or cancelled; (b) (where the User has not been (d) caused by the fraudulent or issued with a Security Device) negligent conduct of employees voluntarily disclosing the PIN, or or agents of: Password to anyone, including (i) HSBC; or a family member or friend;
(ii) any organisation involved (c) (where the User has been in the provision of the EFT issued with a Security Device) System voluntarily disclosing the PIN, or Password and showing the (e) where it is clear that the User Security Device or otherwise has not contributed to the loss; disclosing the Security Code (f) caused by the same transaction to anyone, including a family being incorrectly debited more member or friend; than once to the same EFT (d) (where the User has been Account; or issued with a Security Device) (g) where the transaction can be voluntarily disclosing the PIN, made using an account number or Password or showing the without a PIN, Password, Security Device (or otherwise Security Code or Security disclosing the Security Code), Device. Where a transaction but not all (PIN/Password and can be made using a Security Security Device), to anyone, Device, or a Security Device including a family member or and an account number, friend, where this disclosure but does not require a PIN, is more than 50% responsible Password or Security Code, for the losses when all other you will be liable only if the contributing causes are User unreasonably delays assessed together; reporting the loss or theft (e) where the Access Method of the Security Device. comprises the PIN and PBN or 6.3 When you are liable Username and Password only, keeping a record of the PIN or 6.3.1 Where HSBC proves on the Username and/or Password balance of probabilities that on one article or on several the User has contributed to articles so that they are liable the losses in respect of an to loss or theft simultaneously, EFT Account resulting from without making any reasonable an Unauthorised EFT 24 attempt to disguise the PIN and (h) when selecting or changing PBN or Username or Password a PIN, Username and/or or taking reasonable steps to Password, choosing a PIN, prevent Unauthorised access to Username and/or Password that record; which represents as a numeric code the User’s birth date or (f) where the Access Method an alphabetical code which is a comprises a PIN, PBN or recognisable part of the User’s Username and Password name; or and Security Code, keeping a record of the PIN and PBN or (i) acting with extreme Username and/or Password carelessness in failing to on one or more articles liable protect the security of the to loss or theft simultaneously PIN, Username, Password or and keeping the Security Security Code, Device (without making any you will be liable for the losses which reasonable attempt to protect occur before HSBC is notified of the the security of the record of loss or theft of the Security Device, the PIN, Username, Password unauthorised use or breach of PIN, or Security Device) so that Username, Password or Security they are liable to loss or theft Code security. simultaneously; 6.3.2 Where more than one PIN, (g) where the Access Method Password or Security Code comprises a PIN and PBN, is required to perform a Username and Password transaction and HSBC proves and Security Code, keeping that a User breached the a record of the PIN and PBN, security requirements in Username and/or Password clause 3 for one or more, but (on one or more articles liable not all, of the required PINs, to loss or theft simultaneously) Passwords or Security Codes, or keeping the Security Device you are liable under clause (without making any reasonable 6.3 only if HSBC also proves attempt to protect the security on the balance of probability of the record of the PIN and that the breach of the security PBN or Username, Password requirements in clause 3 was or Security Device), but not all, so more than 50% responsible that they are liable to loss or theft, for the losses, when where doing so is more than 50% assessed together with all the responsible for the losses when contributing causes. all other contributing factors are assessed together;
25 6.3.3 Where HSBC proves on the (d) that portion of the loss incurred balance of probabilities that on any account that HSBC the User has contributed to and the account holder had losses in respect of an EFT not agreed could be accessed Account resulting from an using the Security Device and/ Unauthorised EFT Transaction or PIN, Password or Security by unreasonably delaying Code used to perform the in notifying HSBC of the transaction. Unauthorised use, loss or theft 6.4 When your liability is limited of the Security Device or that the PIN, Username, Password Where a PIN, Password or Security or Security Code has become Code was required to perform the known to someone else, you unauthorised EFT transaction and will be liable for the losses we do not prove that you have which occur between when contributed to losses, your liability the User became aware of the for any loss in respect of an EFT loss, theft or Unauthorised use Account arising from an unauthorised or that the PIN, Username, EFT transaction is the lesser of: Password or Security Code became known to someone (a) $150.00, or a lower figure else and when HSBC was determined by HSBC; actually notified. (b) the balance of the EFT Account 6.3.4 However, even if we prove on (or where you have pre-arranged the balance of probabilities that credit the approved credit limit), the User has contributed to but only if you had agreed with losses, you will not be liable for: HSBC that the EFT Account could be accessed with the Access (a) that portion of the loss incurred Method; or on any one day which exceeds any applicable daily transaction (c) the actual loss at the time HSBC limits; is notified of the unauthorised use, loss or theft of the Security (b) that portion of the loss incurred Device or the breach of PIN, in a period which exceeds any Password or Security Code other periodic transaction limits security (except that portion of applicable to that period; the loss incurred on any one day that exceeds any daily or periodic (c) that portion of the loss on your transaction limits applicable to the EFT Account which exceeds the use of the Access Method or EFT balance of your EFT Account, Account). including any pre-arranged credit; or
26 6.5 Electronic system malfunctions about it. We have designed a simple customer complaint process. If the system provided by, or on behalf of, HSBC to facilitate EFT If you are a customer and have a Transactions malfunctions, HSBC will complaint or concern, make it known account to you for any loss caused at your branch where the Branch by the system accepting a User’s Customer Service Manager should Instructions but failing to complete be able to resolve the problem; if not, the transaction. However, if the the Branch Manager can undertake User should have known that the further investigation and action. system was unavailable for use or 7.2 Customer Relations malfunctioning, HSBC will only be responsible for correcting errors in If your complaint hasn’t been resolved the EFT Account and refunding to to your satisfaction, contact our you any associated fees or charges. Customer Relations Complaints team: Users should make a note of the time of the malfunction and the Toll Free: 1300 308 188 amount involved and report the Facsimile: 02 9006 5130 malfunction to HSBC. Mail: Customer Relations Department, You should also check your next EFT HSBC Bank Australia Account statement to verify that the Limited, necessary corrections have been Level 11, made to the EFT Account. 580 George Street, Sydney NSW 2000 7. PROCEDURES FOR HANDLING ERRORS Or you can log onto our website, AND INVESTIGATING AND www.hsbc.com.au and record your RESOLVING COMPLAINTS complaints or feedback via the “Contact Us” icon. 7.1 How to lodge a complaint 7.3 HSBC’s investigations If you believe an EFT Transaction is wrong or Unauthorised, or there HSBC will try to resolve your query is an error in an EFT Account as soon as possible, however some statement, or where HSBC is problems are complicated and may the Sending ADI and you wish take time to resolve. to make a complaint regarding a Mistaken Internet Payment, or if you If HSBC is unable to resolve your otherwise have any concerns about complaint immediately to your a procedure, compliance issue, or satisfaction, HSBC will advise you have encountered a problem with of the procedures for the further our service, we want you to tell us investigation and handling of your complaint and may ask you to provide 27 further details. For example, if there If your EFT Account is found to have is a dispute over who is liable for a been incorrectly credited or debited, loss resulting from an unauthorised HSBC will adjust your EFT Account transaction, you will be asked to accordingly (including any interest complete and sign a form providing and charges) and notify you in writing further information. HSBC will of the amount of the adjustment investigate your complaint and within and, if the incorrect crediting relates 21 days of receiving your complaint to a discrepancy between the write to you, explaining the outcome amount recorded by the Electronic of its investigation or that more time is Equipment or Access Method as needed to complete the investigation. having been deposited and the amount recorded by us as having Unless there are exceptional been received, we will also notify circumstances, HSBC will complete you of the difference and the actual its investigation within 45 days of amount which has been credited to receiving your complaint. If HSBC your EFT Account. is unable to resolve your complaint within 45 days, HSBC will write to If HSBC finds that you are liable for you and inform you of the reasons all or part of the disputed transaction, for the delay and provide you with it will supply you with copies of monthly updates on the progress any document or other evidence of its investigation and an indication on which it based its findings, of when your complaint is likely to and advise you in writing, if there be resolved, except where HSBC was any system or equipment is awaiting a response from you malfunction at the time of the and you have been advised that it transaction. requires such a response. If you are not satisfied with the 7.4 Results of HSBC’s investigation decision, you may wish to take the matter further. You may, for instance, When HSBC completes its contact the Financial Ombudsman investigations of your complaint, it Service. will notify you in writing of: Where HSBC is the Receiving ADI (a) the result; in a Mistaken Internet Payment (b) the reasons for its decision dispute, you agree that you may be with reference to the relevant subject to the Sending ADI’s external provisions of the Terms and dispute resolution scheme, including ePayments Code; and complying with any decision of that scheme. (c) any further action you can take in respect of your complaint.
28 7.5 Financial Ombudsman Service u that failure contributes to HSBC’s decision or delays the resolution The Financial Ombudsman Service of your complaint. (FOS) scheme is an impartial, independent and free service for personal and small business customers.
The FOS cannot investigate:
(a) A claim for more than $500,000.
(b) A claim in relation to a commercial decision by HSBC, such as whether a loan is approved.
(c) A claim in relation to HSBC’s general policy or practice, such as interest rates or fees.
For more information refer to the FOS website www.fos.org.au
You can contact the FOS by writing to: Financial Ombudsman Service GPO Box 3, Melbourne, VIC 3001
Phone: 1300 780 808 Facsimile: (03) 9613 6399 Email: [email protected]
7.6 If HSBC does not comply with these procedures
HSBC may be liable for part or all of the amount of the disputed transaction if: u HSBC fails to comply with the appropriate procedures for handling complaints, allocating liability or communicating the reasons for its decision; and
29 PART B Supplementary Product Disclosure Statement for HSBC Internet Banking
30 IMPORTANT INFORMATION GLOBAL TRANSFERS TERMS AND CONDITIONS This Supplementary Product Disclosure Statement (“SPDS”) 1. Definitions supplements, and is intended to be read with, the HSBC Internet Where relevant, terms defined in the Banking Product Disclosure PDS apply to the SPDS. In addition, Statement to which it is appended the following terms have the (see Part A). following meaning in the SPDS:
The date of this SPDS is 2 November “Banking Day” means: 2008. u for a Global Transfers Supported This SPDS only applies to HSBC Currency, any day on which Premier Customers. It does not The Hongkong and Shanghai apply to, and need not be read by, Banking Corporation Limited’s a customer who is not an HSBC Hong Kong Treasury department Premier Customer. For HSBC is open for trading; and Premier Customers, this SPDS u for a Global Transfers provides information on, and includes Unsupported Currency, any the Terms and Conditions for Global day on which one or more Transfers, which can be made in branches of the Group are open connection with Global View, another for business in the country service which is only available to with which HSBC needs to HSBC Premier Customers. communicate to effect or This SPDS is intended to arrange a Global Transfer or operate in conjunction with the other transaction. PDS. However, if there is any “Currency Conversion” means inconsistency, the SPDS prevails an exchange of one currency in respect of Global Transfers. for another at an exchange rate Issuer details determined, in the case of a Global Transfers Supported Currency, by This SPDS is issued by HSBC Bank The Hongkong and Shanghai Banking Australia Limited (ABN 48 006 434 Corporation Limited’s Hong Kong 162) (AFSL 232 595). Treasury department or, in the case of a Global Transfers Unsupported Currency, by the Group member with which you hold the account to which the Global Transfer is to be made.
31 “Global Transfer” means an respect of which The Hong Kong electronic transfer of currency from Treasury department will undertake an account held by an HSBC Premier the settlement of a Currency Customer with one member of Conversion where a Currency the Group to an account held by Conversion is required. that same customer with another “Global Transfers Unsupported member of the Group. Both accounts Currency” means a currency must be linked to, and be able to be which HSBC advises can be the viewed using, Global View. subject of a Global Transfer, but “Global View” means the service is not a currency offered by The marketed under the name “HSBC Hongkong and Shanghai Banking Premier Global View” which is made Corporation Limited’s Hong Kong available as part of the Internet Treasury department for the purpose Banking Service to HSBC Premier of Global Transfers. If a Currency Customers only and on separate Conversion to such a currency is terms and conditions (“Global View required it will be undertaken by Terms and Conditions”). Global View the Group member with which enables customers of members you hold the account to which the of the Group to link to, and view Global Transfer is to be made. on, any Group member’s internet “USD” means United States Dollar. website their accounts held with a Group member which are accessible “24 Hour Period” means the period through internet banking. of time between 00.00hrs GMT and 2400hrs GMT. “HSBC Premier” means the service and product proposition marketed 2. About these Terms and under that name and made available Conditions to HSBC Premier Customers. These Terms and Conditions operate “HSBC Premier Customer” together with the terms in the PDS. means a customer who satisfies If there is an inconsistency between the eligibility criteria set by HSBC these Terms and Conditions and from time to time for HSBC Premier the terms in the PDS, these Terms Customer status and who, in HSBC’s and Conditions prevail in respect of discretion, is given that status. Global Transfers.
“Global Transfers Supported For the avoidance of doubt, the Currency” means a currency offered definition of “Terms” in clause by The Hongkong and Shanghai 1.1 of the PDS is to be read as Banking Corporation Limited’s Hong including the Global Transfer Terms Kong Treasury department for the and Conditions. purpose of Global Transfers and in
32 3. Acceptance u both accounts are linked in, and can be viewed using, You agree to these Global Transfer Global View; Terms and Conditions when, having been presented with these Terms u you have a sufficient available and Conditions on our website balance in the EFT Account; and (www.hsbc.com.au) as part of u the amount to be transferred is the Combined Product Disclosure within the Agreed Limits (see Statement and Supplementary clause 8). Product Disclosure Statement, a User clicks the “Accept” button The Global Transfer may be made indicating acceptance of the Terms either in the same currency in which and Conditions. funds are held in the EFT Account or in a different currency provided that 4. Entitlement to make Global the account to which the transfer is Transfers required to be made is an account in You can only access the service the same currency as that selected which allows a Global Transfer to be by you for the transfer. A Currency made if: Conversion will apply if a different currency is to be transferred. For (a) you have access to the Internet instance if you have accounts in Banking Service; Canadian Dollars (CAD) in Australia and also with the HSBC Group in (b) you are an HSBC Premier Canada, you can instruct the transfer Customer; to be in CAD and there will be no (c) you have access to Global View, Currency Conversion. Alternatively and have agreed to the Global if you have an account in Australian View Terms and Conditions; and Dollars (AUD) in Australia and in CAD in Canada, you can instruct the (d) you have accepted these Global transfer to be in CAD and, in that Transfers Terms and Conditions. case, a Currency Conversion will 5. Global Transfer requirements be required.
Subject to these Terms and 6. Global Transfers Supported Conditions and the terms and Currencies – Instruction times conditions applying to the accounts and exchange rates to be the subject of the Global This clause applies to an Instruction Transfer, you may effect a Global to effect a Global Transfer in a Global Transfer from an EFT Account to an Transfers Supported Currency. account you have with another Group member provided that:
33 If you give an Instruction to us on 7. Global Transfers Unsupported a Banking Day and request that Currencies – Instruction times it be processed immediately, the and exchange rates Instruction will be processed on the same Banking Day if we receive the This clause applies to an Instruction Instruction prior to 2400 hrs GMT. If to effect a Global Transfer in a Global a Currency Conversion is required, Transfers Unsupported Currency. the currency exchange rate that will Cut-off times may apply. These be applied is the rate that applies at will be the cut-off times applicable the time you give the Instruction. The to the particular Group member applicable rate will be advised to you that processes the Instruction for before the transfer is processed. that currency.
If you give an Instruction to make a If you give an Instruction to us on Global Transfer: a Banking Day and request that u on a future Banking Day; or it be processed immediately, it may not be processed on that u at any time on a day that is not same Banking Day if we receive a Banking Day, the Instruction at a time after an applicable instruction cut-off time. the Instruction will be processed In that event the Instruction will be on the requested future Banking processed on the next Banking Day. Day or the next Banking Day (as relevant) and, in each case, if a If you give an Instruction to make a Currency Conversion is required, Global Transfer on a future Banking at the currency exchange rate that Day it will be processed on the applies at the time the Instruction requested future Banking Day. is processed. In each case, if a Currency Please note that due to fluctuations Conversion is required, the currency in currency exchange rates, if we are exchange rate that will be applied is provided with Instructions to effect the rate that applies at the time the a Global Transfer at a date in the applicable Group member processes future and a Currency Conversion will the Instruction. The applicable Group be required, there will always be a member is the Group member with risk that the currency exchange rate which you hold the account to which that applies to the transfer when it the Global Transfer is to be made. is processed may be less beneficial That Group member will determine to you than if you had instructed us the currency exchange rate. to process the transfer on the same Banking Day. Please note that due to fluctuations 5. Country Specific Limits/rules in currency exchange rates, there will – some countries in which always be a risk that the currency Group members operate, and exchange rate that applies to a where you may have accounts, Global Transfer where a Currency may have local laws in regards Conversion is required may be to currency transfers. Please less beneficial to you than had we check with the relevant Group been provided with Instructions to member for more details. effect the Global Transfer on the When you are not using the Global same Banking Day and prior to the Transfer service the transaction applicable Instruction cut-off time. limits applicable to the Internet 8. Agreed limits Banking Service will apply to EFT Transactions. You must not make a Global Transfer for an amount which would cause If you give two Instructions for a you to exceed any limit agreed with, Global Transfer with exactly the or imposed by, the Group. There are same details within a short space of five (5) types of daily transaction time, the second Instruction will be limits applicable to Global Transfers . rejected at the point of input. The maximum daily transaction limits 9. Termination which apply to a 24 Hour Period are: HSBC reserves the right at any time 1. Global limit – USD$100,000 to, and you may request HSBC at – this is your maximum any time to, terminate your access cumulative limit for all Global to Global View and / or to remove Transfers from accounts held your access to the function of Global with any Group member; View which permits you to effect 2. Transaction Limit - USD100,000 Global Transfers. – this is your maximum limit per If your access to the Internet single Global Transfer; Banking Service is terminated for any 3. Group Member Limit – reason, your access to the function USD100,000 – this is your of Global View which permits you maximum accumulated limit for to effect Global Transfers will be transfers made from any one terminated automatically. Group member (subject to point Instructions for Global Transfers 5 below); which have been given before, but 4. Customer Limit – Variable per which are scheduled to be made customer to be determined and, after, your access to the function of if relevant, advised to you by a Global View which permits you to Group member; effect Global Transfers is terminated, 35 may not be processed and HSBC will may obtain subsequently when not be liable should you not make carrying out the Global Transfer; alternate arrangements. u there are time delays in INFORMATION ABOUT processing transactions during GLOBAL TRANSFERS which time the exchange rate may change. Significant Benefits Therefore, you must use your own Convenience – You will be able independent judgment in respect of to make a currency transfer from currency transfers and not rely on an account you hold with us to an any advice, opinions or data supplied account you hold with another Group by us. member and whether or not the funds in those accounts are held in Operational Risk different currencies. Operational risk is the risk of loss from disruptions to internal Significant Risks processes, people and systems or Currency Conversion disruptions arising from external events. Disruptions resulting from If your Global Transfer involves a operational risks may affect the transfer from an account in which processing of your Global Transfer funds are held in one currency in a timely manner. This may result to an account in which funds are in an exchange rate applying to the held in a different currency, a Global Transfer that is less favorable Currency Conversion will be required. to you. A Currency Conversion may present the following risks: Termination of Service Risk
u fluctuations in exchange rates In the event that your access to, may adversely impact on the Global Transfers function is your funds when converting terminated you will need to make currencies; alternate arrangements for any u past performance of a currency future dated Instructions for Global is not necessarily an indication Transfers you may have given us. of its future performance; Costs, Fees and Charges u due to fluctuations in currency When you give an Instruction exchange rates, if a rate of to effect a Global Transfer which exchange is advised to you on requires a Currency Conversion inquiry, it may be different from you agree to pay one currency in the rate of exchange that you exchange for another currency.
36 Exchange rates vary depending on a range of factors such as interest rate differentials, economic conditions and government actions.
Although you will not be charged a fee to effect a Global Transfer, other fees or charges may apply for related transactional services. Information about these costs is contained in the booklet, “Personal finances services charges – your guide”.
37 PART C Supplementary Product Disclosure Statement for HSBC Internet Banking
38 IMPORTANT INFORMATION SIGNIFICANT RISKS This Supplementary Product Access and Control Risks Disclosure Statement (“SPDS”) In order to access and use the supplements, and is intended to be Internet Banking Service, you read with, HSBC Internet Banking are required to nominate Entity Product Disclosure Statement (20 Administrators and Users to access March 2013) (“PDS”) to which it is your EFT Accounts on your behalf. appended (see Part A). Once nominated and set up on the The date of this SPDS is 23 March Internet Banking Service, Entity 2014. Administrators have the ability to establish and set all access This SPDS only applies to HSBC entitlements applying to other Entity Customers who are: Entity Administrators and Users. u a Non-Trading Company; This includes entitlements to view, create and/or authorise payments u a Trustee for a SMSF; or from your EFT Accounts and the u a Trustee for a Trust setting of maximum transactional limits applying to each of these as defined within this SPDS. persons within limits agreed by This SPDS does not apply to, and you and HSBC. Depending on the need not be read by, a customer who entitlements granted to them by an is not a HSBC Entity Customer. For Entity Administrator, a User or Entity the HSBC Entity Customers, this Administrator who is authorised to SPDS provides information on, and access and make payments from includes the Terms and Conditions your EFT Accounts, may be able to for the use of the Internet Banking access and transact on your EFT Service, which is only applicable Account without the involvement to the above defined HSBC Entity or knowledge of any other User or Customers. Entity Administrator. It is therefore your responsibility to appoint an This SPDS is intended to operate in appropriate Entity Administrator conjunction with the PDS. However, who is in turn responsible for if there is any inconsistency, this setting up appropriate persons as SPDS prevails Entity Administrators or Users, and to assign appropriate access Issuer details entitlements to such persons, on This SPDS is issued by HSBC Bank your behalf. The risk of this not Australia Limited (ABN 48 006 434 being done properly is that access 162) (AFSL 232 595). to your EFT Accounts may be set up in a manner which is not appropriate
39 for you. You should therefore have discretion deems a retail customer proper controls and processes to subject to any applicable legislation. address and monitor this. “User” for the purposes of this 1. TERMS AND CONDITIONS SPDS means you and any other FOR THE USE OF THE person, who including an Entity INTERNET BANKING SERVICE Administrator is authorised by you BY HSBC ENTITY CUSTOMERS and HSBC to use the service to access and operate an account 1.1 Definitions alone.
Where relevant, terms defined in the 1.2 About these Terms and PDS apply to this SPDS. In addition, Conditions the following terms have the following meaning in this SPDS. These Terms and Conditions operate together with the terms in the PDS. “HSBC Entity Customer” includes a If there is an inconsistency between Non-Trading Company, a Trustee for a these Terms and Conditions and the SMSF and a Trustee for a Trust. terms in the PDS, these Terms and “Entity Administrator” means Conditions prevail. a person you nominate who is For the avoidance of doubt, the empowered to access and use the definition of “Terms” in clause 1.1 Internet Banking Service, appoint of the PDS is to be read as including Users, assign transaction limits to these Terms and Conditions, applying apply to Users and assign the nature to the use of the Internet Banking of each User’s access to the Internet Service. Banking Service. 1.3 Acceptance “Non-Trading Company” means a company controlled by a retail client You agree to the Terms and and which HSBC in its discretion Conditions for the use of the Internet deems a retail client subject to any Banking Service when, having applicable legislation. been presented with these Terms and Conditions on our website “SMSF” means a self-managed (www.hsbc.com.au) as part of superannuation fund as defined the Combined Product Disclosure in the Superannuation Industry Statement and Supplementary (Supervision) Act 1993 (Cth). Product Disclosure Statement, a “Trustee for a SMSF” means the User clicks the “Accept” button trustee(s) for a SMSF. indicating acceptance of the Terms and Conditions. “Trustee for a Trust” means a trustee for a trust that HSBC in its
40 2. HSBC ENTITY CUSTOMERS 2.2 Access Entitlements
These Terms and Conditions only Once appointed by you and in apply to HSBC Entity Customers accordance with your account who are: opening documents, an Entity Administrator will have responsibility u a Non-Trading Company; for the setting up of Users, and to u a Trustee for a SMSF; or establish and maintain the access entitlements that are to be granted u a Trustee for a Trust. to each Entity Administrator or User 2.1 Entity Administrators and who accesses your EFT Accounts via Users the Internet Banking Service.
You must appoint at least one Entity The Entity Administrators and Administrator. Users which are appointed to act on your behalf and the maximum An Entity Administrator: transactional limits which apply (a) appoints Users; to such persons for transactions via the Internet Banking Service (b) assigns the nature of each can be different to the authorised User’s access to the Internet signatories appointed by you. If Banking Service – i.e. to effect you wish for access to your transactions on EFT Accounts EFT Accounts to be consistent and/or view EFT Account between the Internet Banking information and request Service and signing instructions, transactions to be made); and it is your sole responsibility to ensure that these are set up and (c) assigns transaction limits to maintained consistently. HSBC has apply to Users within limits no obligations or responsibilities agreed by you and HSBC. whatsoever in this regard. An Entity Administrator can also use the Internet Banking Service to effect 2.3 Agreed Limits transactions and view information. Clause 1.9 titled “Agreed limits” of Once set up, an Entity Administrator the PDS is deleted in its entirety and can appoint Users directly to perform replaced with the following clause: tasks on the Internet Banking Service for you. Users must not use an Access Method to withdraw funds in excess The Entity Administrator appoints of any limit agreed with HSBC. Users on your behalf. If an EFT Account goes over the agreed limit, HSBC may permit a User to use the Access Method,
41 but you must deposit funds to bring * The default daily user limit figures in this table refer to the daily limits that apply to each User. However, the default the EFT Account within its agreed daily entity limits may affect the default daily user limits. If you have two Users, for example, even though each User is limit without unreasonable delay. capable of effecting daily transfers “between EFT Accounts” of up to $500,000, to the aggregate amount of the transfers All limits are in Australian Dollars by the Users must not exceed the default daily entity limit of and may change from time to time. $500,000. ** The maximum foreign currency transfer Instruction limit Merchants, our agents and other is $50,000 per Instruction. We will not process any foreign currency transfer Instructions above $50,000. Where a foreign financial institutions may impose currency transfer Instruction is provided after the relevant Payment Cut-off Time, HSBC will apply the currency exchange their own restrictions on the amount rate that applies at the time of the Instruction in order to of funds that may be withdrawn, calculate the Australian dollar value for the purposes of daily transaction limits. However, when HSBC processes the paid or transferred. There are 4 types Instruction HSBC will apply the currency exchange rate that applies at the time of the processing and that exchange rate of daily transaction limits applicable may be different from the exchange rate that applied at the to each User. The maximum daily time the Instruction was provided. ^ Limits apply at an Internet Banking Service level and not transaction limits are set out in the at an account level. This means that, for example, if you have 4 EFT Accounts which you access via the Internet Banking table below. Service and a daily entity limit of $500,000, this will apply as one limit to transactions which you perform across all of the 4 *Default EFT Accounts and is not a limit of $500,000 per account. Default daily Transfer Types daily user entity limits limits^ Transfers 2.4 Amendments to Use of between EFT Internet Banking Service Accounts $500,000 $500,000 (including You should be aware that once foreign currency transfers**) information about an Entity Administrator or User is registered Transfers between EFT within the Internet Banking Service, Accounts and $50,000 $50,000 the information is unable to be edited third party through the Internet Banking Service. accounts. This includes but is not limited to Transfers between EFT details such as Entity or User name, Accounts and This facility is This facility is address, email, telephone and fax pre-designated only available only available numbers, mailing address, date of third party on request. on request. accounts Should Should birth, annual income, number of (including we make we make dependents, occupation and name of foreign currency this facility this facility employer. To amend any of these or transfers**). available available to you the to you the other details, written authority with Note: Transfers default limit is default limit is “wet signature” is required to be of this type are $100,000. The $100,000. The sent to HSBC and processed before only available maximum maximum on request and limit you may limit you may these changes can take place. is subject to request is up request is up our approval. to $250,000 to $250,000 For the purposes of this SPDS, in Processing time clause 2.2 titled “Use of the Internet is required. Banking Service” of the PDS, Bpay® $25,000 $25,000 subclauses 2.2(g) and 2.2(i) are deleted. 42 2.5 Customer Service and Enquiries for HSBC Entity Customers
Please read these Terms and Conditions together with the terms in the PDS before using the Internet Banking Service.
If you do not understand any part of them, or if you have any questions, please call HSBC on 1300 131 607 Monday to Friday from 8am to 6pm or +61 29005 8115 if calling from overseas.
43 Bpay® is a registered trademark of Bpay Pty Ltd ABN 69 079 137 518. Bank@Post™ is a corporation trademark of Australia Post ABN 28 864 970 579. Issued by HSBC Bank Australia Limited ABN 48 006 434 162 AFSL No. 232595 HBAA023PDSa (R7) 02/14
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