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WEBSITE TERMS AND CONDITIONS

1. About these Terms and Conditions

These Terms and Conditions apply to HSBC Bank Middle East Limited's Personal Internet Banking Services. These Terms and Conditions operate in conjunction with the General Terms and Conditions 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 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 any HSBC branch or call HSBC on the Internet Banking Customer Service Help Desk on (021) 111-4722-11 (within Pakistan) or (+92 21) 111-4722-11 (outside Pakistan).

2. Defined terms

"Account(s)" means account(s) you have with HSBC operable through its branches in Pakistan which HSBC, PAKISTAN has determined, is accessible by the Service, including any new accounts opened.

"Account Holder" means a person who has entered into a contract with HSBC, PAKISTAN for the Service who has an Account in their own name or a joint Account in respect of which HSBC, PAKISTAN may act on the instructions of any one or more of them.

"PKR" means the Pakistani Rupee.

"Banking Day" means any day on which banks in Pakistan are open for business.

"HSBC, PAKISTAN" means HSBC Bank Middle East Limited, 9th Floor, Bahria Complex III, M.T.Khan Road, Karachi operating through its branches in Pakistan.

"Instruction" means any request or instruction to HSBC, PAKISTAN which is effected through the Service by use of an ATM Number and ATM PIN.

"Internet Banking Service" means the service that HSBC, PAKISTAN makes available through the Internet network to enable the electronic receipt and transmission of information and Instructions (including in relation to an Account).

"Payment Cut-Off Time" means:
(i) In relation to a PKR payment being made to another bank, 03:30-p.m. PAKISTAN time.
(ii) In relation to a payment made in any currency to an Account within HSBC, PAKISTAN is effected instantly.
(iii) For payments in a currency other than PKR, the cut-off times may vary (please refer to HSBC, Pakistan's Cut-Off Times for further information).

"Internet Banking ID/ Personal /Electronic Banking Number" means your 5-76 digits Internet Banking ID by which HSBC, PAKISTAN identifies you.

"PIN" means your six digit Personal Identification Number supplied to you by HSBC, PAKISTAN for accessing the ATM Service. When you first register for Internet Banking service, you will use 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).

Corporate customers will receive a token ID as their password.

"Service" means the Personal Internet Banking Service.

"Telephone Banking Service" means the Telephone Instruction and information service made available by HSBC, Pakistan's Call Centre twenty-four (24) hours, seven days a week every day of the year.

"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.

3. Acceptance

When you use the Service, you accept 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.

4. Using the Service

This Service can be used to:

Obtain the balance of any Account, transfer funds to or from any Account, view your accounts, make standing order payments in relation to any Account and update your personal details held by HSBC, PAKISTAN for any Account.

"Make a payment transfer from any Account to another person's account with HSBC, PAKISTAN (within Pakistan) or another financial institution which includes the foreign branches of HSBC or to another account you hold with another financial institution provided that the aggregate amount of such payments on any day is PKR 2.5 million or less. "It may be specified that all transfers are subject to exchange control regulations prevailing in the country.

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 equivalent amount of USD 25,000 or more, any rates for any amount 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 processed by HSBC, PAKISTAN.

Receive and send secure e-mail messages from and to HSBC, PAKISTAN

Obtain e-Statements and e-Advices

Opening new accounts

If you give an Instruction on a Banking Day to make a payment from an Account after the Payment Cut-off Time it may be processed on the next Banking Day.

If you give an Instruction to make a payment between any Accounts with HSBC, PAKISTAN it will be effected instantly.

If you give an Instruction to make a PKR transfer to any account not held with HSBC, PAKISTAN either after the Payment Cut-off Time or on any day which is not a Banking Day it will not be made until the next Banking Day.

If you give an Instruction to transfer a currency (other than PKR) to an account with any other bank after the Payment Cut-off Time, it will be made on the next day which is both a banking day in PAKISTAN, the country of the beneficiary account and the center for the relevant currency.

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 Banking Service.

b. If you send us a message we will aim to respond to you within two working days by email or by telephone as 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 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 Banking Service e.g. to notify us of a change to your address or to make a payment;
ii) which require immediate attention (please 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 cheque or credit cards (please telephone us instead);
v) which are offensive, frivolous or otherwise inappropriate.

If you do so we may at our absolute discretion remove the "Email" facility or terminate your use of the service in accordance with clause 21(g) below.

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 terms and conditions.

6. E-Statements and E-Advices

Should you choose to activate the E-Statement service, your statements will henceforth be sent to you electronically. On statement due date you will receive a message informing you that your statement is available. You will need Acrobat c Reader (version 3.0 or above) to view, save or print your statement. In the event that you do not have this software on your PC, you may download it free of charge from www.adobe.com. If you prefer the traditional method of us mailing to you paper statements you may deselect the e-statement option. Paper statements, for joint accounts, will be received if any party to a joint account has not registered for Internet Banking or if any party deselects the e-statement option

Should you choose to activate the E-Advice service, you will receive your transaction advices electronically through internet banking. Your paper advices will cease to be sent to you.

7. Access to the Service

You agree that any person who supplies HSBC, PAKISTAN with your ATM Number and ATM PIN may be allowed access to the Service and to your Account.

You agree that HSBC, PAKISTAN may delay acting upon an Instruction or ask for more information before acting on an Instruction.

HSBC, PAKISTAN 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 for details of limits governing the Service.

Where HSBC, PAKISTAN has Instructions for more than one payment from an Account on the same day, it will determine the order or priority in which the payments are made.

HSBC, PAKISTAN may reset your ATM Number and ATM PIN at any time, by notifying you in writing. You may change your Password at any time.

8. Security of your ATM Number and ATM PIN and Password

You must keep your ATM Number and ATM PIN 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 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.

HSBC, PAKISTAN may from time to time provide guidelines for ensuring the security of ATM Number and ATM PIN. 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 12 below.

9. What to do if your ATM Number and ATM PIN is lost or stolen or otherwise compromised

You must notify HSBC, PAKISTAN immediately if a record of your ATM Number And ATM PIN is lost or stolen or you become aware or suspect another person knows your ATM Number and ATM PIN or has made unauthorized use of the Service.

You should notify HSBC, PAKISTAN in Pakistan by calling our Internet Banking Customer Service Help Desk on (021) 111-4722-11 (within Pakistan) or (+92 21) 111-4722-11 (outside Pakistan). HSBC, PAKISTAN will then cancel your Password and arrange for you to select a new one.

HSBC, PAKISTAN may cancel an ATM Number and ATM PIN or Password at any time without notice if it believes either is being misused.

You agree that HSBC, PAKISTAN may disclose information about you or your Account to law enforcement agencies or any other regulatory body if it thinks it will help prevent or recover losses.

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 unauthorized transaction, you must notify HSBC, PAKISTAN immediately by calling our Internet Banking Customer Service Help Desk on (021) 111-4722-11 (within Pakistan) or (+92 21) 111-4722-11 (outside Pakistan). Failure to do so may render you liable for unauthorized transaction which you may not otherwise be liable for.

Our records, unless proven to be wrong, will be evidence of your dealings with HSBC, PAKISTAN 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 HSBC, PAKISTAN that your ATM Number and ATM PIN 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 or ATM Number and ATM PIN secure in accordance with clause 9 or your extreme carelessness in failing to protect their security is the dominant cause of your loss; or
b. your unreasonable delay in notifying HSBC, PAKISTAN of the misuse, loss or theft of your ATM Number and ATM PIN 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 HSBC, PAKISTAN.
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 unauthorised transaction takes place.
You will not be liable for losses which are incurred:
e. before you have received your ATM Number and ATM PIN and/or Password;
f. if the transaction occurs after you notify HSBC, PAKISTAN that your ATM Number and ATM PIN or Password has been misused, lost or stolen or become known to someone else;
g. that is caused by the fraudulent or negligent action of HSBC, Pakistan'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;
h. that is related to an access method (including a Password or ATM Number and ATM PIN) which is expired, cancelled, faulty or forged;
i. that is caused by the same transaction being incorrectly debited more than once to the same Account.

12. Liability

Subject to clause 12 and to the extent permitted by law HSBC, PAKISTAN will not be responsible for any damage or loss including legal costs, whether consequential or not, caused because of access to or inability to access the Service, except where it is because of gross negligence or willful default on the part of HSBC, PAKISTAN 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.

HSBC, Pakistan's liability for breach of any such non-excludable rights is limited, at the option of HSBC, PAKISTAN, 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 HSBC, PAKISTAN against any loss or damage HSBC, PAKISTAN 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.

13. Complaint procedure

If you have a concern with the Service please contact HSBC, PAKISTAN by calling our Internet Banking Customer Service Help Desk on (021) 111-4722-11 (within Pakistan) or (+92 21) 111-4722-11 (outside Pakistan). HSBC, PAKISTAN 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.

HSBC, PAKISTAN will investigate your complaint, and within 10 days of receiving your complaint 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 HSBC, PAKISTAN is awaiting a response from you, it will provide you with monthly updates on its progress should the investigation take longer than 45 days to complete.

When HSBC, PAKISTAN 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, HSBC, PAKISTAN will adjust your Account accordingly and notify you of this. If you are not satisfied with the decision, you may wish to take the matter further.

14. Information

You authorise 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.

HSBC, PAKISTAN 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. HSBC, PAKISTAN 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

HSBC, PAKISTAN reserves the right to change these Terms and any other information it has issued about the Service at any time. If HSBC, PAKISTAN introduces a new fee or charge, increases your liability for losses or adjusts any periodic transaction limits you will be given at least 30 days notice by such method as HSBC, PAKISTAN shall decide. Notice of any other change will be given in writing (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.

16. Fees and Charges

If you use the Service to effect a transaction you may incur a fee on the Account you access. The fees and charges payable in respect of transactions are those detailed in HSBC, Pakistan's Fees and Charges and are shown in our branches (at the time the relevant transaction is undertaken).

17. Electronic advertising

From time to time HSBC, PAKISTAN 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 HSBC, PAKISTAN, 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 HSBC, Pakistan's Internet website and/or Service.

18. Security of Internet Banking

HSBC, PAKISTAN 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 ATM Number and ATM PIN, 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.

E-Mail Scams

No one at HSBC will ever ask you for your Internet banking password. If someone does ever ask you for it - they do not represent HSBC!

Scam Emails are a method that are 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.

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 please contact our Internet Banking Customer Service Help Desk on (021) 111-4722-11 (within Pakistan) or (+92 21) 111-4722-11 (outside Pakistan) immediately.

19. Recording Telephone Calls

HSBC, PAKISTAN may record telephone calls made to HSBC, Pakistan's Call Centre for transaction verification and quality control training purposes.

20. Termination

You may stop your use of the Service at any time by giving written notice to HSBC, PAKISTAN.

HSBC, PAKISTAN may terminate the Service at any time by giving you a written 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 affected by HSBC, PAKISTAN.

21. Governing law

Our agreement with you on these Terms and the transactions carried out under it are governed by the law in force in Pakistan. Both you and HSBC, PAKISTAN submit to the non-exclusive jurisdiction of the courts of Pakistan in respect of any dispute.