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Terms of Use for HSBCPersonal Internet Banking
You must read these terms of use for HSBC personalinternet banking (the ‘pib terms’) carefully beforeusing the services. By registering to use the servicesas also by virtue of your continued usage of theservices, you shall be deemed to have accepted andbe bound by these pib terms as well as other termsgoverning the service, as amended from time to time.If you reject these terms and conditions you cannotuse the Internet Banking functionality and cannotcontinue to Log-on to this service.‘Instruction/s’ – means any request/s or instruction/s which is/are received by the Bank and / or AMMT through the Service.Introduction‘Online’ - means the internet access to the Service through thehsbc.com.mt Site.These PIB Terms explain your responsibilities and obligationsrelating to services and information that you use or requestfrom us, or we provide to you, through HSBC Internet BankingService.These PIB Terms will be displayed during registration for thenot be displayed again on subsequent visits to the site unlesswe change them, at which time they will be displayed for yourreview and acceptance. These PIB Terms will however beavailable for viewing, by way on a hyperlink on the logon pageof the HSBC Internet Banking Service.The following expressions shall have the ascribed meaningswherever used in these PIB Terms –‘Bank’ means HSBC Bank Malta p.l.c. and where the contextallows or requires, include its successors and assigns.‘Customer’ (also ‘you’, ‘your’, ‘yours’, ‘yourself’) means theperson requesting the Service.‘AMMT’ - means HSBC Global Asset Management (Malta)Limited.‘AMMT Service’ – means the Service provided to you throughInternet Banking Service and as described in Clause 15of thesePIB Terms whereby you may access certain information andgive AMMT Instructions in respect of certain accounts whichyou hold with AMMT.‘hsbc.com.mt Site’ (also ‘the Site’ ) means any internet siteestablished, operated or maintained on our behalf throughwhich you access the Service.‘HSBC Mobile Services’ – means the Service provided byus to you described in the PIB Terms and the HSBC MobileServices Alerts Control Document whereby you may accesscertain information and give us Instructions in respect of certainaccounts, which you hold with us.‘Internet Banking Service (also the Service/s)’ – means theServices provided by us to you described in these PIB Termswhereby you may access certain information and give uscertain Instructions in respect of certain accounts which youhold with us. Not all accounts may be accessed under thisService. For details of the accounts on which this Service iscurrently available please refer to the ‘Help’ pages within theInternet Banking Service.‘Password’the Customer by the Bank (including any Username andMemorable Answer) which may be used to access the hsbc.com.mt Site and/or the Internet Banking Service and/or toeffect Customer Instructions.‘Processing Date’ – means the date, being a working day,when a transaction is processed by the Bank, subject totransaction.– means anyby the Bank which may be used to access the HSBC MobileServices or to execute Instructions‘Security Code’ - means a one time password generated by aSecurity Device.‘Security Device’ - means an electronic device used togenerate the Security Code.‘Time’ – means Malta time.User nameWe/us/our – means the Bank and/or AMMT as appropriatethe context otherwise requires shall bear the same meaningassigned to them in the General Terms.1. Servicesa. We shall provide, subject to the PIB Terms, the Servicesthrough the Site to enable the Customer to giveinstructions to and communicate with us for the purposes‘Institution’ means any member of the HSBC Group (othertransactions and dealings of various nature and obtainingInstitution for the purposes of these PIB Terms.privileges from the Bank, AMMT and/or members of theHSBC Group.b. As part of the Services, we may make available via the
3(‘Information’) supplied by any person (each an ‘InformationProvider’ which expression shall include any person whosupplies any information to an Information Provider) andmay provide reports compiled from Information in any form,medium or means (‘Reports’).c. We have the right to determine and vary from time to timethe scope and type of the Services to be made availableincluding, without limitation : (i) expanding, modifying or reducing the Services at anytime;(ii) imposing and varying any restrictions on the use of theServices such as minimum and maximum daily limits withrespect to the value of any transaction or dealing or anytype of transactions or dealings which the Customer mayconduct by using the Services;(iii) prescribing and changing the normal service hoursduring which the Services are available and any daily cut-offtime for any type of Services or transactions. Any instructionof the Customer received by the Bank after any applicabledaily cut-off time shall be deemed to be received on thenext working day. The Bank may specify working day anddaily cut-off time by reference to the time of various marketsoperating in different time-zones; and(iv) reducing or re-setting a transfer limit (whetherdesignated by the Customer or the Bank) to a lower value ordown to zero if the Customer has not utilised the relevantService(s) for a period of time that the Bank may designatefrom time to time or otherwise as part of the Bank’s internalrisk control program.d. We may require the Customer to nominate or registerspecific account(s) for the purposes of the Services.2. Governing Terms and ConditionsThe Services provide an additional means for the Customer tooperate accounts, conduct transactions and dealings and obtainservices, products, information, goods, benefits and privilegesfrom the Bank and/or other members of the HSBC Group asshall be made available from time to time. The Services aregoverned at all times by (i) these PIB Terms, (ii) the GeneralTerms and Conditions – Accounts (the “General Terms”);(iii) the information contained in the ‘Help’ pages and theHSBC Privacy Statement contained in the Bank’s Site, (iv) ourHyperlink Policy published on the Site where the Services areprovided and (v) all other terms and conditions governing therelevant accounts, transactions, dealings, services, products,information, goods, benefits or privileges, together hereinafterreferred to as the “Terms” copy of which you may access byclicking the following address on your browser [http://www.hsbc.com.mt/psdtcs] or by choosing this option on the mainmenu.Notwithstanding anything stated in the General Terms, in caseof any conflict between the PIB Terms and Conditions and theGeneral Terms, Section 1 of the General Terms shall prevail.3. Use of the Servicesa. To access the Services for the first time, the Customeris required to register online or in such other manner asthe Bank may from time to time specify and indicate hisacceptance of all the terms and conditions governing the useof the Services and to provide such information as the Bankmay reasonably specify for identifying him/her.b. By registering to use the Services, the Customer warrantsthat all information provided by the Customer to the Bank inrelation to the Services is true, complete and up-to-date. TheBank shall not be required to independently verify the same.c. The Services are for the sole and exclusive use by theCustomer.d. The Customer shall not use or knowingly allow any otherperson to use the Services, the Information and/or theReports for or in connection with any illegal purpose oractivity. The Customer shall notify the Bank as soon aspracticable if he becomes aware of such use.e. Any exchange rate, interest rate, dealing rate and other pricesand information quoted by us on the Site or otherwise inresponse to an online inquiry is for reference only and is notbinding. For the purpose of the relevant transaction, the rate,price and information that shall be binding on the customersshall be that provided by the Bank at the time of confirminghis acceptance irrespective of any different rate, price orinformation quoted by the Bank previously.f. The Customer acknowledges that there may be a time lag intransmission of instructions, information or communicationvia the Internet.4. Username, Password and Security Codea. The Customer shall follow the guidance provided by the Bankonline in designating the Username and the Password foridentifying the Customer for the purposes of the Services.b. The Customer may change the Password and the Usernameat any time but any change shall be effective only if acceptedby the Bankc. The Bank may, in its sole discretion require a Customer touse a Security Code to access the Services in the event ofwhich it is the sole responsibility of the Customer to apply tothe Bank for a Security Device or a replacement if a SecurityDevice has previously been issued but is subsequently lostor has failed to function as intended.d. The Customer shall act in good faith, exercise reasonablecare and diligence in keeping the Username, thePassword, the Security Device and the Security Code insecrecy. At no time and under no circumstances shallthe Customer disclose the Username, the Password and/or the Security Code to any other person or permit the
4Security Device to come into the possession or control ofany other person.e. Unless the transaction falls within the scope of Section 1of the CBM Directive 1 of 2009, the Customer shall be fullyresponsible for any accidental or unauthorised disclosure ofthe Username, the Password and/or the Security Code to anyother person and shall bear the risks of the Username, thePassword, the Security Device or the Security Code beingused by unauthorised persons or for unauthorised purposes.f. Upon notice or suspicion of the Username, the Passwordand/or the Security Code being disclosed to, and/or theSecurity Device being lost or has otherwise come into thepossession or control of any unauthorised person or anyunauthorised use of the Services being made, the Customershall notify us immediately in person or by telephone at suchtelephone number(s) as we may from time to time prescribe(and the Bank may ask the Customer to confirm in writingany details given) and, until and unless the transaction fallswithin the scope of CBM Directive 1 of 2009 and until wereceive actual receipt of such notification, the Customer shallremain responsible for any and all use of the Services byunauthorised persons or for unauthorised purposes.5. Customer’s Instructionsa. The Customer is required to quote any one or more of theUsername, the Password, the Security Code and any otheridentifiers as shall be prescribed by the Bank from time totime in order to log-on to the Services and give instructionsto the Bank online. Instructions in connection with theServices shall not be considered to be received by the Bankunless they are given in such manner as the Bank mayprescribe from time to time and until the Bank has actuallyreceived them.b. Any instruction given in connection with the Servicesby quoting the Username, the Password, the SecurityCode and such other identifiers of the Customeras prescribed by the Bank, once given, may not berescinded or withdrawn without our consent or asstated in the General Terms. All such instructionsgiven, including the set up of pre designated or nondesignated third party payment limits through an onlinerequest, as understood and acted on by the Bank orthe relevant member of the HSBC Group in good faith,shall be binding on the Customer whether given by theCustomer or by any other person purporting to be theCustomer and, unless otherwise stated in the GeneralTerms, cannot be revoked. The Bank and the relevantmember of the HSBC Group shall be under no duty toverify the identity or authority of the person giving anysuch instruction or the authenticity of such instructionapart from verifying the Username, the Password, theSecurity Code and such other identifiers (if any) of theCustomer.c. Unless the transaction falls within the scope of CBMDirective 1 of 2009, we will only act on an instruction in sofar as it is in our opinion practicable and reasonable to do soand in accordance with our regular business practices andprocedures.d. Advice or confirmation that an instruction has beenreceived and/or a transaction has been effected throughthe Services will be provided by us online. Such adviceor confirmation shall be deemed to have been receivedby the Customer immediately after transmission andit is the duty of the Customer to check such adviceor confirmation. It is also the duty of the Customerto enquire with the Bank if the Customer does notreceive an advice or confirmation within the time usuallyrequired for a similar advice or confirmation to bereceived.e. Information relating to any account or transaction madeavailable on the Site are for reference only. Our records ofsuch account and transaction shall be conclusive unless anduntil the contrary is established.f. The Bank shall carry out future dated transactions on thefirst working day following the indicated date of transaction ifthe date indicated for transaction is not a working day. If theavailable balance/daily limit is insufficient on the date whenthe transaction is to be effected, the Bank will try to carryout the transaction for three (3) consecutive working days. Ifthe available balance/daily limit is still insufficient we will notprocess the transaction.g. The Customer authorises us to debit the Customer’saccounts, wherever they are situated and whenever they areopened, with any amounts that we have paid or incurred inaccordance with an instruction given in connection with theServices.6. FeesThe Bank reserves the right to charge fees in relation tothe use and/or termination of the Services including theright to impose a charge for its provision of the SecurityDevice and to revise such fees. The Bank shall determineand give reasonable notice to the Customer (which noticeshall, in the absence of exceptional circumstances, beof 30 days) of the rate of any fee from time to time ,which shall be binding on the Customer if the Customercontinues to maintain or use the Services on or after theeffective date. Fees may be collected from the Customerin such manner and at such intervals as the Bank mayspecify. The Customer authorises the Bank to debit anyof his accounts with any fees and/or charges in relationto the use and/or termination of the Services. This clausedoes not apply to transactions falling within the scope ofCentral Bank of Malta Directive 1 of 2009.
57. Customer’s Undertakings and Responsibilitiesa. The Customer shall provide such information as we may fromtime to time reasonably request for the purposes of providingthe Services. The Customer shall also ensure that allinformation provided to us is at all times accurate, completeand up-to-date including, without limitation, the Customer’saddress and other contact details.b. The Customer shall not, and shall not attempt to decompile,reverse-engineer, translate, convert, adapt, alter, modify,enhance, add to, delete or in any way tamper with, or gainaccess to, any part of the Services or any internet site(including the Site) or any software comprised in them.c. The Customer acknowledges that it is the responsibility ofthe Customer to determine independently market prices andrates for trading purposes through his usual trading channels,to verify any Information and/or Report before relying oracting on it and to seek independent professional advice onlegal, tax and other issues in connection with the use of theServices, the Information and the Reports, these Terms andany transactions and dealings which may affect the Customerunder all applicable laws.The Services or any marketing/promotional messagesdisplayed as part of the Services should not be regarded asan offer or solicitation to sell investments or make depositsor solicitation to subscribe to any other product or service, toany person residing in a jurisdiction outside Malta, where it isunlawful to make such an invitation or solicitation.d. The Customer acknowledges that it is the responsibilityof the Customer to ensure that the use of the Services isin accordance with prevailing laws, rules and regulations(whether pertaining to Malta or any other country) asapplicable to the Customer. The Customer undertakesnot to use the Services to effect payment(s) for any illegalpurchases i.e. purchases of items/services not permittedunder applicable laws, rules and regulations.e. The Bank reserves the right to suspend all or anyfunctionality which requires the use of an exchange rate ifthere are valid reasons for doing so, including but not limiteda volatile market.8. Information and Information Providersa. The Customer acknowledges and agrees that theInformation, the Reports and their form, format, mode ormethod of compilation, selection, configuration, presentationand expression (collectively ‘Confidential Information’) aretrade secrets and confidential and proprietary property of theBank and the respective Information Providers.b. Unless expressly permitted by these PIB Terms, theCustomer shall not, and shall not attempt to : (i) sell, transfer, disclose, assign, convey, lease, sub-license,share, loan, distribute, transmit, broadcast, cablecast, putin circulation, download, reproduce, duplicate or otherwiseprovide or disseminate any Confidential Information in anyform or by any means to any other person or commerciallyexploit any Confidential Information;(ii) remove, obliterate, erase, relocate or modify in any wayany proprietary marking on or appearing with the ConfidentialInformation including, without limitation, any trademark orcopyright notice; or(iii) incorporate or combine the Confidential Information withany other programmes.c. The restrictions on disclosure shall not apply to anyConfidential Information : (i) where its disclosure is compelled by law but only to theextent required by law and only after written notice of therequirement to disclose has been given by the Customer tothe Bank; or(ii) where the Bank has expressly agreed in writing to itsdisclosure.d. The Customer agrees that all right, title and interest in andrelating to the Site and the Confidential Information and anyand all related copyright, patent, trademark, service mark,proprietary property, trade secrets and exclusive works areand shall remain the exclusive property of the Bank and therespective Information Providers. No right, title or interestother than the right to access the Information and theReports subject to these PIB Terms is conveyed or transferredto the Customer. The Customer shall not make anyrepresentation or do any act which may be taken to indicatethat the Customer has any such right, title or interest.e. An Information Provider may impose from time to time termsand conditions in relation to the availability of any Informationsupplied by it. Access to such Information by the Customeron or after the effective date, subject to prior notification, ofsuch terms and conditions shall constitute the Customer’sacceptance thereof.f. The Information and the Reports are made available forreference only and are not intended for trading or otherpurposes. Neither the Bank nor any Information Provider shallbe considered an investment adviser to the Customer.g. Neither the Bank nor any Information Provider warrants,represents or guarantees the sequence, accuracy, truth,reliability, adequacy, timeliness or completeness of any of theInformation or the Reports or whether it is fit for any purpose.Nor does either of them assume any liability (whether in tortor contract or otherwise) for any reliance on the Informationor the Reports by the Customer or any other person.h. The Information will be made available as it is supplied andidentifying the Information Provider directly supplying it to theBank. The Bank does not endorse or express any commenton any Information supplied by any Information Provid
internet banking (the ‘pib terms’) carefully before using the services. By registering to use the services as also by virtue of your continued usage of the services, you shall be deemed to have accepted and be bound by these pib terms as well as other t
