Personal Internet & Mobile Banking Terms and Conditions
Personal Internet & Mobile Banking Services
1. About these Terms and Conditions
These Terms and Conditions apply to HSBC Bank Middle East Limited's ("HBME") Personal Internet & Mobile Banking Services. These Terms and Conditions operate in conjunction with the General Terms and Conditions for the Operation of Accounts and Electronic Banking Service, applicable to Account(s) you access using these services including the opening of any new accounts. If there is an inconsistency, these Terms and Conditions shall prevail.
Please read these Terms and Conditions before using these services. If you do not understand any part of them, or if you have any questions, please speak with a staff member at your branch or call our Contact Centre on 03 or 01 364722 (within Lebanon) or (961) 3 or 1 364722 (outside Lebanon).
2. Defined terms
"Account(s)" means any and all account(s) you have with HBME operable through its branches in Lebanon., which HBME has determined, is accessible by the Service, including any new accounts opened.
"Account Holder" means any person who holds the Account whether individually or jointly in the event of Joint Accounts.
"Agreement" means these terms and conditions set out herein, and as may be modified from time to time by the Bank as provided for herein, and as are applicable to your use of the Service.
"Bank" or "HBME" means HSBC Bank Middle East Limited acting through its branches in Lebanon, and having its correspondence address as P O Box11-1380, Beirut, Lebanon.
"LBP" means Lebanese Pounds.
"Banking Day" means any day on which banks in Lebanon are open for business.
"Country" means Lebanon.
"HSBC Group of Companies" means HSBC Holdings PLC, its subsidiaries and affiliates.
"Information" means any financial, market or other information and data supplied by us or any Information Provider and made available to you through the Service.
"Information Provider" means any person, other than the Bank, who supplies the Information and includes any person who supplies any information to an Information Provider.
"Instruction" means any request or instruction that is received by the Bank in connection with an Account through the Service and which appears to have been issued by you.
"Internet Banking ID" or "User ID" means your Internet Banking ID by which the Bank identifies you together with your Password whenever you use the Service.
"Internet Banking Service" means the personal Online services, transactions and facilities offered by the Bank through the Internet Site to the Account Holder.
"Internet Site(s)" means any internet site established, operated and maintained by the Bank, or on the Bank’s behalf, to facilitate the provision of the Service. Including HSBC.com.lb
"Memorable Question" and "Memorable Answer" means the Memorable Question and Memorable Answer set by you when registering as a user to the Service on the Internet Site.
"Mobile Banking" means those aspects of the Service which are accessible and functional only through certain mobile telephone devices which are capable of accessing the Internet Site through a special Mobile platform.
"Online" means by way of access to the Service through the Internet.
"Password" means the 8-30 characters you create as your personal password and by which the Bank identifies you.
"Payment Cut-Off Time" means the payment cut off times as specified on the Internet Site under the heading "Cut Off Times" or at any of HBME branches and as may otherwise be advised by the Bank to you from time to time.
"PBN" means your ten digit Phone Banking Number supplied to you by the Bank for accessing the Phone Banking Service.
"Phone Banking Service" means the Bank’s telephone instruction and information service made available through the Bank's Call Centre.
"Reports" means reports compiled from the Information in any form, medium or means.
"PIN" means your six digit Personal Identification number supplied to you by HBME for accessing the Phone Banking Service. When you first register for internet banking service, you will use:
Phone Banking Number and the 6-digit Phone Banking PIN supplied to you, or ATM Card Number and the ATM PIN, or Credit Card Number and the Credit Card PIN, for registration.
You will then be required to create a new user ID / Internet Banking ID (5-76 characters), select a Memorable Question and Answer (6-30 characters) and then select a Password (8-30 characters). Such particulars are created by you and known only by you.
"Service" means the Personal Internet Banking Service including Mobile Banking when and where applicable as defined above.
"User Guide" means the guidance and information set out on the Internet Site in the 'Help' pages for the Internet Banking Service, and all other customer guides mentioned in this Agreement and other guidance issued by the Bank in connection with the Service, as amended from time to time.
"Terms" mean these terms and conditions, as amended from time to time.
"You" means an Account Holder who has accepted these Terms and "your" has a corresponding meaning.
When you use the Service, you are deemed to have accepted these Terms.
If you have previously used the Service, your first use of the Service after publication of these Terms indicates your acceptance of them.
HSBC Lebanon does not offer financial services or products through its use and operation of the www.hsbc.com.lb portal, or gateway. Products or services on this Site do not constitute an offer or recommendation of any products or services provided by any of the HSBC Group members. The information provided on this Site is not intended for distribution to, or use by, any person in any jurisdiction where such distribution or use would be contrary to law or regulation. This Site should not be considered as communicating any invitation or inducement to engage in banking or investment activity or any offer to buy or sell any securities or other instruments outside any jurisdiction where Lebanon is not licensed or authorised www.hsbc.com.lb to perform such activities (hereinafter the “Authorised Countries”).
Not all the products and services that you may be able to view via this Site may be available in all geographical locations served by HSBC Group members. You should access only the Local Site(s) associated with your country of residence (“Your Local Site”). If you own products that are not discussed on Your Local Site, information about such products may be accessible on this or another HSBC website. Products and services discussed outside Your Local Site may not be available in your jurisdiction of residence or in the Authorised Countries and may not be appropriate for you. It is the responsibility of any persons accessing this Site and any information available through this Site to inform himself or herself of and to observe fully the applicable laws and regulations of any relevant jurisdiction. HSBC Group members may decline to provide you with products and services solely based on your country of residence.
Products discussed on this Site may not have been registered or authorized by any central bank, governmental or regulatory authority in the Authorised Countries or in the country of your residence. Accordingly, you may not have the benefit of protection from the securities laws, banking laws and other relevant laws and regulations of your country of residence with respect to products or services referred to on or through this Site.
No representation is given that any securities, products, or services discussed in or accessible through this Site are suitable for you or any particular person. You acknowledge that your use of this Site and any requests for information you have made as a result of visiting this Site have not been solicited by HSBC Lebanon or any of its affiliates and that the provision of any information through this Site shall not constitute or be considered investment or financial advice."
3.1 The terms and conditions set out in this Agreement apply to the Bank’s provision of, and your use of, the Internet Banking Service (including Mobile Banking), and should be read in conjunction with the Bank’s General Terms and Conditions. If there is any inconsistency between the Bank’s General Terms and Conditions and this Agreement, as may be relevant to the Bank’s provision of, and your use of, the Service, the terms and conditions set out in this Agreement shall prevail.
3.2 The Bank shall provide, subject to this Agreement, Online services and facilities from time to time through an Internet Site to enable you to give Instructions to, and communicate with, the Bank for the purpose of operating your Account and conducting banking, investment, financial and other types of transactions and for the purpose of obtaining services, products, goods, benefits and privileges from the Bank. As part of the Service, the Bank may make available (via the Internet Site) Information and may provide Reports. The available banking services may vary depending upon the portal from which the Internet Site is being accessed.
3.3 The Bank has the right to determine and vary from time to time the scope of the Service to be made available including, without limitation:
3.3.1 expanding, modifying or reducing the Service at any time;
3.3.2 imposing and varying any restrictions on the use of the Service such as minimum and maximum daily limits with respect to the value of any transaction or dealing which you may conduct by using the Service; and
3.3.3 prescribing and changing the normal service hours during which the Service shall be available and the Payment Cut-Off Time applicable for any type of facility or transaction. The Bank may specify a working day and a Payment Cut-Off Time by reference to the date and time of various markets operating in different time zones.
3.4 The Service is offered only in the Country where it may be lawfully offered by the Bank, any of the HSBC Group of Companies and/or any third party. If you are not accessing the Service through a device located in the Country, you are required to inform yourself about and observe any relevant laws, regulations and local practices (whether in relation to any restrictions or otherwise and also in the light of your own circumstances) before using the Service or acting on information relating to the Service.
3.5 No Information provided through the Service shall be regarded as an offer or solicitation to sell investments or make deposits in any jurisdiction nor is such Information intended to offer (directly or indirectly) investment, legal, accounting, tax or financial advice to you or any party.
3.6 You shall at all times, in addition to complying with this Agreement, exercise due diligence and good faith in using the Service. Should the Bank be of the opinion that you have in any way breached this Agreement, the Bank shall have the right, without further notice, to suspend or terminate the use of the Service by you.
3.7 The Bank may pass information about you and your dealings with the Bank to other companies within the HSBC Group of Companies or the Bank’s agents to the extent required to perform the Service. All the HSBC Group of Companies, all the Bank’s staff, and all third parties with permitted access to information relating to you, are specifically required to observe the Bank’s confidentiality obligations.
3.8 The Bank will not collect any personal information that identifies a visitor to the Internet Site individually unless specified otherwise. Visits by you to the Internet Site will record only the Domain Name Server part of your email address and of the pages visited. Such information will be used to prepare aggregate information about the number of visitors to the Internet Site and general statistics on usage patterns. Some of this information will be gathered through the use of "cookies". Cookies are small pieces of information that are automatically stored on a person's web browser in their computer that can be retrieved by this site. You can set your browser to disable persistent cookies and/or session cookies, but if you disable session cookies, you will not be able to log onto the Service through the Internet Site (although you will be able to view the Bank’s public unsecured website).
3.9 Any use by you of the Service shall always be subject to the terms and conditions set out in this Agreement. If at any time, and for any reason, you are unable to abide by this Agreement, you must immediately cease to use the Service and notify the Bank accordingly.
4. Using the Service
a) Personal Internet Banking
This Service can be used to:
View the balance of any Account, transfer funds to or from any Account, view the history your accounts, make standing order payments in relation to any Account and update your personal details held by HBME for any Account.
Make a payment transfer from any Account to another person's account with HBME within Lebanon or another financial institution which includes the foreign branches of HBME or to another account you hold with another financial institution provided that the aggregate amount of such payments on any day does not exceed the daily service limits or the equivalent of such amount set by HBME, if being made in a foreign currency. For the purpose of such transfers, a Third Party Transfer Limit Indemnity Form should be signed and executed at any of our branches.
Place orders for the purchase or sale of foreign currency provided that the currency purchased is to be transferred between Accounts. If placing orders for the purchase or sale of a foreign currency involving an amount equivalent to the amount of the daily service limit, any rates provided will be indicative only. The rate of exchange to be applied will be the applicable rate in force at the date and time at which the relevant transaction is effectively processed by HBME.
Receive and send secure e-mail messages from and to HBME.
Obtain e-Statements and e-Advices.
Open new accounts
If you give an Instruction after the Payment Cut-off Time on a Banking Day or on any day which is not a Banking day to make a payment or a transfer it shall be processed on the next Banking Day unless if you give an Instruction to transfer a currency (other than LBP) to an account with any other bank after the Payment Cut-off Time, in which case it will be made on the next day which is both a banking day in Lebanon, the country of the beneficiary account and the financial center for the relevant currency.
If you give an Instruction to make a payment between any Accounts with HBME Lebanon it will be effected instantly This does however not apply to transfers made to credit cards, where the amount transferred shall be debited instantly but credited only the next banking day.
b) Mobile Banking
This Service can be used to:
View account balances for all accounts namely:
I. Account details: displays overdraft and available balance as per normal Personal Internet Banking (PIB) for the selected account
II. Account history: displays transaction history of selected account (last 20 items)
Make Local transfer between your own HSBC accounts in local and foreign currencies.
Make Local transfer to your own HSBC Credit card accounts.
View indicative exchange rates for a number of currencies.
Use the calculator to view the conversion of any amount in the currency of your choice.
Receive secure e-mail messages from HBME.
Send authenticated secure e-mail messages to HBME.
Please note that E-statement and E-advice are not available through Mobile Banking.
5. Secure Email Messages
a. If we make this facility available to you, you may send us and we may send you secure e-messages over the Internet or Mobile Banking Service.
b. If you send us a message we will aim within two working days to provide you by email or by telephone with a confirmation of receipt of your message. If this is not possible or we are not willing to answer your query or comply with your request within this timescale or at all we will aim to let you know this within two working days. No request will be implemented until we have first sent you a message or phoned you as confirmation. Please be aware that once you have sent a request we may not be able to reverse it before it is implemented.
c. You must not send us messages:
i) in relation to matters for which there is a specific functionality on the Internet or Mobile Banking Service e.g. to notify us of a change to your address or to make a payment;
ii) which require immediate attention (please visit any of our branches or telephone us instead);
iii) which are requests of a transactional nature e.g. share dealing or fund management instructions;
iv) reporting the loss or theft of cheques and/or ATM or credit cards (please visit any of our branches or telephone us instead);
v) which are offensive, frivolous or otherwise inappropriate.
If you do so we may at our absolute discretion suspend or cancel your access to the Secure Email Messages service or even forthwith terminate your use of the Internet Banking Service without prior notice.
d. Under no circumstances should any message sent by us be construed as an offer to provide a product or service to you on particular terms or at all. All products and services are subject to status and particular terms and conditions.
6. E-Statements and E-Advices (Not available through Mobile Banking)
Upon registration for Internet Banking, you will be automatically subscribed to the e-Statements/e-Advices service for your Account(s) where your statements and advices will be sent to you electronically only. On statement due date, you will receive a message on the e-mail address you provided upon registration informing you that your statement is available. You will need Acrobat Reader (version 4.0 or above) to view, save or print your statement. In the event that you do not have this software on your computer, you may download it from the internet. If you prefer the traditional method of us mailing paper statements to you, you may de-select the e-Statement option at any time so that your next paper statement be provided to you at your last known address.
For joint accounts, if all account holders are registered for Internet Banking, then e-Statements will be made available through Internet Banking. If any party to a joint account has not registered for Internet Banking or if any party de-selects the e-Statement option, paper statements will be sent at your last known address.
For credit card customers who also hold a Bank Account with us, you will be automatically subscribed to the Credit Cards e-Statements service and you will no longer receive paper statements. You will receive an e-mail notification at the e-mail address provided to the Bank that your statements have been sent to you electronically. You may however de-select this option at any time so that your next paper statement be provided to you at your last known address.
For the effectiveness of this clause, you are deemed to have validly received your periodical e-Statements at the time when e-mail notification is sent by us to you informing you that the e-Statement has been sent to you electronically. Our records shall constitute the final and conclusive evidence that such e-mail notification was effectively sent.
It is your responsibility to retrieve, collect, take delivery, download or otherwise seek to obtain statements related to your accounts with us. Should you fail to receive your statements (whether electronic statements or regular paper statements) at the fixed due dates, we will not be held liable under any circumstances.
7. Access to the Service
You agree that any person who supplies HBME with your Internet Banking ID and Password may be allowed access to the Service and to your Account.
The initial registration for the Service must be effected from a computer and not from a mobile phone.
You agree that HBME may delay or refuse acting upon an Instruction or ask for more information before acting on an Instruction for any reason including if the Bank suspects that the Instruction is not given by the Account Holder or in case the Instruction is ambiguous, incomplete or contradictory with any other instruction.
HBME may specify limits on transaction types and values in respect of certain Accounts or the Service and may refuse to act on an Instruction if a transaction exceeds a particular limit. Please refer to Frequently Asked Questions and Help text under 'Transfer' option on our website or ask our staff in the branches or our Call Center for details of limits governing the Service.
Where HBME has Instructions for more than one payment from an Account on the same day, it will discretionarily determine the order or priority in which the payments are to be made unless you clearly specify otherwise.
HBME may reset your Internet Banking ID or Password at any time, by notifying you in writing. You may change your Password at any time.
Access to the Service and to your Account, once you have successfully completed the registration process for the Service, may thereafter be achieved by the Bank’s Online verification of the Internet Banking ID and Password alone, and without the Bank having any ability to verify the actual identity of the person submitting this information to the Bank through use of the Service. It is of critical importance therefore for you to keep your Internet Banking ID and Password secret, and never to disclose this information to anyone, including those purporting to be acting on behalf of, or to be employed by, the Bank. THE BANK WILL NEVER ASK FOR YOUR INTERNET BANKING ID and/or PASSWORD. YOU WILL USE THEM ONLY TO SECURELY ACCESS OUR WEBSITE.
The Internet Site through which you access the Service is subject to change by the Bank, and the Bank may make such changes (including changes to layout) without prior notification to you.
SERVICE SUSPENSION AND INTERRUPTION
The Bank may, as it sees fit, suspend or interrupt any feature provided to you under the Service without notice where the Bank considers it necessary or advisable to do so, for example, the Bank may do so when:
1- the Bank needs to suspend the Service for maintenance or other reasons; or
2- the Bank suspects a breach or a potential breach of security; or
3- you fail to take reasonable care to ensure the security of your use of the Service;
The Bank will use its best efforts to inform you without undue delay through the Service, and/or the Internet Site(s) if any feature of the Service is not available.
8. Security of your PBN, Internet Banking ID and Password
You must keep your PBN, Internet Banking ID and Password secure and take steps to prevent unauthorized use of them. You must not tell or disclose them to another person or allow them to be seen by another person (including family or friends). You must not keep a record of them in a way which they can be determined by another person. You must not record them together. You must not select a Password which represents your birth date or a recognizable part of your name or any obvious password.
HBME may from time to time provide guidelines for ensuring the security of a Password or PBN. The guidelines will provide examples only of security measures and will not determine your liability for any unauthorized Instruction on your Account. Liability for such transactions will be determined in accordance with clause 11 below.
9. What to do if your PBN, Internet Banking ID or Password is lost or stolen or otherwise compromised
You must notify HBME immediately if a record of your PBN and/or Internet Banking ID and/or Password is lost or stolen or you become aware or suspect another person knows your PBN and/or Internet Banking ID and/or Password or has made unauthorized use of the Service.
You should notify HBME immediately by calling our Call Centre on 01 or 03 -364722 (from Lebanon) or +961-1 or 3 -364722 (outside Lebanon) at any time. HBME may immediately suspend access to the Service and will then cancel your Internet Banking ID or Password and arrange for you to select a new one.
HBME may cancel a PBN, Internet Banking ID or Password at any time without notice if it has reasons to believe that either one has been compromised or is being misused.
You agree that HBME may disclose information about you or your Account to the police or other third parties if it thinks it will help prevent or recover losses. For this purpose, you agree to waive your rights under the Banking Secrecy Law of 3 September 1956.
10. Records and statements
You should carefully check Account records and statements when you receive them. If you believe that there has been a mistake in any transaction using the Service, or an unauthorised transaction, you must notify HBME immediately by calling our Call Centre on 01 or 03 -364722 (from Lebanon) or +961-1 or 3 -364722 (outside Lebanon). Failure to do so may be construed as an acceptance by you of such purported unauthorised transaction and further render you liable for the unauthorised transaction which you may not otherwise be liable for.
Our records, unless proven to be wrong, will be the conclusive evidence of your dealings with HBME in connection with the Service.
For Non-Insurance Based Products:
The values shown for your non - insurance based products are based on the details of your investments held in our records and will not have been adjusted to reflect any sales or purchases made by you directly. We have no liability or responsibility for any inaccurate or incorrect information provided by any third party.
For Insurance Based Products:
Your investments in insurance based products are quoted at the investment value as at the purchase date. The figures shown are the aggregate amounts invested by you and NOT the current value of your investments.
11. Liability for Unauthorized Transactions
You will be liable for any loss of funds arising from any unauthorized transaction on your Account if the loss occurs before you notify HBME that your PBN, Internet Banking ID or Password has been misused, lost or stolen or become known to someone else and if you contribute to the loss because:
a. your fraud, your failure to look after and keep your Password, PBN or Internet Banking ID secure or your extreme carelessness in failing to protect their security is the dominant cause of your loss; or
b. your unreasonable delay in notifying HBME of the misuse, loss or theft of your PBN, Internet Banking ID or Password or of them becoming known to someone else and the loss occurs between the time you did, or should reasonably have, become aware of these matters and the time you notify HBME.
However, your liability will not exceed the lesser of:
c. the credit balance of the Account plus any pre-arranged credit limit; or
d. the amount you are able to withdraw from your Account on the day the unauthorized transaction takes place.
You will not be liable for losses which are incurred:
e. before you have received your PBN and/or Password, or before you register to the Service;
f. if the transaction occurs after you notify HBME that your PBN, Internet Banking ID or Password has been misused, lost or stolen or become known to someone else;
g. as a result of the fraudulent or negligent action of HBME's employees or agents, of companies involved in networking arrangements for the electronic transfer of funds or of merchants linked to that system, their employees or agents;
i. as a result of the same transaction being incorrectly debited more than once to the same Account.
Subject to clause 11 and to the extent permitted by law HBME will not be responsible for any damage or loss including legal costs, whether consequential or not, caused as a result of access to or inability to access the Service, except where it is because of gross negligence or willful default on the part of HBME or breach of a condition or warranty implied by statute in contracts for the supply of goods and services and which cannot be excluded, modified or restricted.
HBME's liability for breach of any such non-excludable rights is limited, at the option of HBME, to the supply of the services again, or to the payment of the cost of having the services supplied again.
You will be liable for and agree to indemnify HBME against any loss or damage HBME may suffer because you did not observe your obligations under these Terms or acted negligently or fraudulently when using the Service. The Bank will not be responsible for any loss that you may incur if you fail to comply with the terms and to observe all the security tips. The use of the Internet is subject to other risks which are not of a security nature described above but which arise from factors beyond the Bank's control, for example failure of communication networks, mechanical failures, power failures, malfunction, breakdown or inadequacy of equipment. These risks may result in your requests or transactions being delayed, lost or inaccurately transmitted and may cause you to suffer losses. Unless the Bank has been grossly negligent, the Bank will not be responsible for such losses.
The Bank shall take reasonably practical steps to ensure that its systems in connection with the Service are installed with adequate security designs and to control and manage the risks in operating the systems, taking into account any law, rules, regulation, guidelines, circulars, codes of conduct and prevailing market practices that may be applicable from time to time.
Neither the Bank, nor any member of the HSBC Group of Companies, nor any Information Provider warrants or represents that the Service, the Information and the Reports are free from virus or other destructive features which may adversely affect the hardware, software or equipment belonging to, or being used by the Account Holder.
In no event shall the Bank or any Information Provider be liable to you or any other person(s) for any incidental, indirect, special, consequential or exemplary damages including, without limitation, any loss of use, revenue profit or savings.
The Information and the Reports are made available for reference only and are not intended for trading or other purposes. Neither the Bank nor any Information Provider shall be considered an investment adviser to you.
No warranty, representation or guarantee of any kind is made by the Bank with respect to the Information and/or the Reports nor may any warranty, representation or guarantee of any kind be implied, including without limitation, with respect to the sequence, accuracy, truth, reliability, adequacy, timeliness or completeness of any of the Information or the Reports or whether they are fit for any purpose. No employee or agent of the Bank or those of any Information Provider is authorised to give any such warranty, representation or guarantee. Neither the Bank nor any Information Provider shall assume any liability for any reliance placed on the Information or the Reports by you or any other person.
In relation to information pertaining to any product or service not provided by the Bank (including without limitation, insurance and unit trust products), you should verify all such information with the product/service provider before relying on any information supplied.
It shall always be your responsibility to determine independently market prices and rates for trading purposes through your usual trading channels, and to verify any Information and/or Report before relying or acting on it/them, and to seek independent professional advice on legal, tax and other issues in connection with the use of the Service, the Information and the Reports, the conduct of transactions pursuant to such use, and this Agreement, as such may affect you under all applicable laws.
The Information will be made available as it is supplied and identifying, where relevant, the Information Provider directly supplying it to the Bank. The Bank does not endorse or express any comment on any Information supplied by any Information Provider nor assume any duty to check or verify any Information.
While every care has been taken in preparing the information and materials contained in the Internet Site, such information and materials are provided to you on an “as is” basis without warranty of any kind either express or implied. In particular, no warranty regarding non-infringement, security, accuracy, fitness for a particular purpose or freedom from computer virus is given in conjunction with such information and materials.
E-mail messages sent from or to the Bank over the Internet cannot be guaranteed to be completely secure. The Bank shall not be responsible for any damages incurred by you if you send a message to the Bank, or if the Bank sends a message to you at your request, over the Internet. The Bank shall not be responsible in any manner for direct, indirect, special or consequential damages arising out of the use of the Internet Site.
Due to the nature of the Internet, and the inevitable periodic disruptions to the telecommunication services available at any given time, transactions may be subject to interruption, transmission blackout, delayed transmission and incorrect data transmission. The Bank will not be liable for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of messages and transactions you send.
13. Complaint procedure
If you have a concern with the Service please contact HBME by calling 01 or 03 -364722 (from Lebanon) or +961-1 or 3 -364722 (outside Lebanon). HBME will try to resolve your query as soon as possible, however some problems are complicated and may take time to resolve. For example, if there is a dispute over who is liable for a loss resulting from an unauthorized transaction, you will be asked to complete and sign a form providing further information.
HBME will investigate your complaint, and within a reasonable period write to you explaining the outcome of its investigation or, if more time is needed, how the problem will be handled and when you can expect a reply. Except where HBME is awaiting a response from you, it will provide you with regular updates on its progress should the investigation take longer than usual.
When HBME notifies you of the result, it will also advise you of the reasons for its decision. If your Account is found to have been incorrectly credited or debited, HBME will attempt to adjust your Account accordingly and notify you of this.
You authorize us to pass information about you and your Accounts to other members of the HSBC group and third parties through and in various countries and territories, including the UK for the provision of the Service. Such information will be processed in accordance with our instructions.
HBME is a member of the HSBC Group of Companies, one of the world's largest Banking and Financial Services organizations. The HSBC Group comprises HSBC Holdings PLC, its subsidiaries, including HSBC Bank Middle East Limited, and associated companies and their various departments and businesses. HBME may share information about an Account Holder with other members of the HSBC Group of Companies or third parties as detailed in the Privacy and Security Statement.
15. Changes to these Terms
HBME reserves the right to change these Terms and any other information it has issued about the Service at any time. If HBME introduces a new fee or charge, increases your liability for losses or adjusts any periodic transaction limits you will be given prior notice by such method as HBME shall decide. Notice of any other change will be given in such available means (for example on Account Statements or on our Web Site) or by an advertisement appearing in the press no later than the date on which the change takes place.
When the Bank introduces new features in connection with the Service, the Bank may provide them on supplementary terms which will be notified to you from time to time in accordance with this Agreement.
16. Fees and Charges
If you use the Service to effect a transaction you may incur a fee or charge. The fees and charges payable in respect of transactions are those detailed in HBME's Fees and Charges and are shown in our branches or viewed on the Internet Site (at the time the relevant transaction is undertaken).
You authorise the Bank to debit your Account with any fees or charges incurred in connection with your use of the Service.
17. Electronic advertising
From time to time HBME may advertise its own products or services and those of other companies in the HSBC Group of Companies on the website through which you access the Service. If, in relation to other agreements between you and HBME, you have asked it not to send you any marketing material (or if you do so in the future), you agree that this restriction will not apply to these electronic advertisements and consent to receiving them when accessing HBME's internet website and/or Service.
18. Security of Internet Banking
HBME uses a very high level of encryption to protect your transactions and Accounts from unauthorized access. The use of such levels of encryption may be illegal in certain jurisdictions. It is your responsibility to ensure that your ability to use the Service is permitted by local law. You are responsible for acquiring and maintaining any equipment required for your continued access to and use of the Service (such as your telephone or computer), and for your own computer's anti-virus and security measures.
You agree not to interfere with or damage (or attempt to interfere with or damage) any PBN, Password, data or software associated with the Service.
Due to the open nature of the Internet, the Bank cannot guarantee the complete security of your transactions from hacking, unauthorized access, virus attacks and other deliberate attempts by third parties in breaching the latest security features which have been put in place.
You can, and are required to pursuant to our Terms for registering for the Service, protect yourself against some of the security risks by ensuring that you do not in any circumstances disclose your Internet Banking ID and/or Password to anyone. Please note that HSBC will never ask for such information.
On the Bank's part, all reasonably practicable steps will be taken to ensure that your transactions are secure, including the installation of security features which are designed to keep all communication private and confidential. Further, the Bank is also not responsible for the consequences of any virus or other destructive features which may adversely affect your hardware, software or equipment.
Apart from the above risks, we also wish to advise that due to unexpected communication network volumes and failures, there may be a time lag in transmission of information and communication via the Internet. Accordingly your requests or transactions may not be carried out within the time frames anticipated
You shall assess the security features of the Service, and internet banking generally, and determine for yourself whether the security features of the Service are adequate to protect you when using the Service. The Bank makes no representations or warranties to you that the security features of the Service are adequate for your personal needs.
No one at HSBC will ever ask you for your Internet Banking ID or Password. If someone does ever ask you for it - they do not represent HSBC!
Scam Emails are a method that is used by fraudulent persons to obtain details of your User IDs and Passwords. Recently customers of other Financial Institutions were targeted using this method. We ask you to exercise extreme caution.
These e-mails typically tempt customers to click a link which then takes them to a fairly realistic looking website representing HSBC. Customers are then asked to input various details including usernames, passwords and other personal details quoting security reasons.
We have therefore created the following guidelines that we strongly recommend be adhered to. Failure to abide by them greatly increases the risk of your Account being breached and for unauthorised transactions to be made. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE IF YOU FAIL TO STRICTLY COMPLY WITH THE FOLLOWING GUIDELINES :
Do not respond to emails asking for secure information. HSBC does not use E-mail communication to convey or seek information of a sensitive nature such as customer user IDs, passwords or confirmation of personal details.
On occasion, we may send e-mails promoting our products and services. You can respond to these but you do not have to key in passwords for such responses.
If you receive any suspicious looking e-mails, do not carry out any of the instructions within them. If you are concerned that you may have disclosed your security details or if you have doubts about any communication purportedly sent by the Bank please contact our Call Centre immediately on 01 or 03 -364722 (from Lebanon) or +961-1 or 3 -364722 (outside Lebanon).
19. Recording Telephone Calls
HBME may record telephone calls made to HBME's Call Centre for transaction verification and quality control training purposes. Any instruction given over the telephone and later processed shall be deemed to have been given by you, if the recordings reveal that the Bank acted in good faith on the belief that you ordered the instruction. The telephone recordings shall be a conclusive evidence in Court which you agree for the Bank to use if it so chooses. The Bank may reject any instruction given over the phone at its entire discretion. In this case, please use alternate means of giving Instructions namely in writing or through PIB.
You may stop your use of the Service at any time by giving written notice to HBME.
HBME may terminate the Service at any time by giving you a written notice, unless the circumstances require immediate termination of the Service without notice.
Bill payments or funds transfers for which Instructions have been given and which are scheduled to be made after your use of the Service is terminated may not be effected by HBME.
21. Governing law
Our agreement with you on these Terms and the transactions carried out under it are governed by the laws of Lebanon. Both you and HBME submit to the non-exclusive jurisdiction of the courts of Beirut in respect of any dispute.
COPYRIGHTS, TRADEMARKS AND COPYING MATERIALS
The Bank and other parties own the trademarks, logos and service marks displayed on the Internet Site, including, without limitation, HSBC and the Hexagon logo, and users of the Internet Banking Service are prohibited from using the same without the prior written permission of the Bank or of such other parties, as applicable.
The materials on the Internet Site, including the Information and Reports as may be prepared by the Bank, are protected by copyright and no part of such materials may be modified, reproduced, stored in a retrieval system, transmitted (in any form or by any means), copied, distributed, used for creating derivative works or used in any other way for commercial or public purposes without the Bank’s prior written consent.
You acknowledge and agree that HSBC and the Bank’s Hexagon logo, the Information and the Reports and their form, format, mode or method of compilation, selection, configuration, presentation and expression (collectively “Confidential Information”) are trade secrets and confidential and property of the Bank and/or that of the respective Information Providers. No right, title or interest other than the right to access the Information and the Reports subject to this Agreement is conveyed or transferred to you. You shall not make any representation or do any act which may be taken to indicate that you have any such right, title or interest.
Unless expressly permitted by this Agreement, you shall not, and shall not attempt to:
1- sell, transfer, disclose, assign, convey, lease, sub-license, share, loan, distribute, transmit, broadcast, cablecast, put in circulation, download, reproduce, duplicate or otherwise provide or disseminate any Confidential Information in any form or by any means to any other person or commercially exploit any Confidential Information.
2- remove, obliterate, erase, relocate or modify in any way any proprietary marking on or appearing within the Confidential Information including, without limitation, any trademark or copyright notice.
3- incorporate or combine the Confidential Information with any other programs.
4- An Information Provider may impose from time to time terms and conditions in relation to the availability of any Information supplied by it. Access by you to such Information by, on or after the effective date, subject to prior notification, of such terms and conditions shall constitute acceptance by you thereof.
5- When using the Service, you are permitted only to print, copy, download or temporarily store extracts from the Internet Site for your own information purposes and any other use of the Service is prohibited unless the Bank’s prior written consent is obtained. You are not authorised to alter any aspect of the Service. You may not use any part of the Internet Site on any other website, or link any other website to the Bank’s Internet Site, without the Bank’s prior written consent.
The Bank may at any time appoint one or more agents to provide all or any part of the Service and references to the Bank will include references to such Bank’s agents. You agree that such parties shall have the benefit of any provisions of this Agreement which limit the Bank’s liability and further agree that such parties may have access to information regarding you or your accounts.
You therefore waive your rights under the Banking Secrecy Law in favour of such Agents.
TRANSACTIONS WITH OTHER INSTITUTIONS
Where the Bank passes an Instruction to an Institution on your behalf, the Bank shall not be responsible for any delay or failure by the Institution in executing those instructions.
Where the Service delivers to you any information supplied to the Bank by an Institution, the Bank makes no warranty as to the accuracy or sufficiency of the information provided by that Institution.
In order that an Institution may give effect to an Instruction, the Bank may, as your agent, agree with any Institution that where applicable the terms of this Agreement will apply between you and the Institution.
The Bank shall be entitled to prescribe from time to time the form of notice (whether written or any other form) and the mode of communication with respect to each type of notice to be given pursuant to this Agreement.
All notices and advices to be given by the Bank to you under this Agreement may be given in writing or electronically through the Service. All such notices and advices will be deemed to have been received by you as follows:
1. in the case of personal delivery, at the time of personal delivery or on leaving it at the last address provided by you notwithstanding the subsequent return of such notice and advice;
2. in the case of posting, 3 days from despatch to the last address provided by you notwithstanding the subsequent return of such notice and advice;
3. in the case of each e-mail communication, immediately after transmitting to the e-mail address through which you have so communicated with the Bank;
4. in the case of e-mail communication initiated by the Bank through the Service, immediately after issuance of the message by the Bank; and
5. in the case of posting on the Internet Site(s), by display and/or advertisement, immediately after such posting, display and/or advertisement by the Bank.
Except where this Agreement, or the Internet Site itself specifically provides for the manner of giving notice, all notices and communications from you to the Bank (such as instructions to close any account(s) with the Bank) shall be in writing and shall be delivered by registered post to the Bank at its correspondence address and marked for the attention of the Network Services Centre, or delivered by hand to the Network Services Centre at the main office branch of the Bank in Lebanon.
Neither party will be liable for delay in performing or failure to perform any of its obligations under this Agreement which is caused by circumstances beyond its reasonable control, including, without limitation, the failure, malfunction or unavailability of telecommunications, data communications and computer systems and services, war, civil unrest, government action, strikes, lock-outs or other industrial action or trade disputes (whether involving either party's employees or those of a third party). Any delay or failure of this kind will not be deemed to be a breach of this Agreement and the time for performance of the affected obligation will be extended by a period which is reasonable in the circumstances.
This Agreement is the entire agreement between the parties concerning the use of the Service. It supersedes all previous agreements, communications, representations and discussions between you and the Bank relating to the Service. Any other agreements between you and the Bank and/or mandates relating to the conduct of your Accounts shall remain unaffected.
The parties shall comply with all applicable data protection and other laws to the same or similar purpose in all relevant jurisdictions.
Nothing in this Agreement shall affect any right of set-off or combination which the Bank has in relation to any Accounts which are accessed by you through the Service.
If any provision of this Agreement shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable in any way, such invalidity or unenforceability shall in no way impair or affect any other provisions, all of which shall remain in full force and effect.