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Effective from 1 March 2019Terms and ConditionsMobile Banking AppEffective from 1 March 20191
Terms and Conditions Mobile Banking AppHSBC Bank Mobile Banking Application Terms AndConditionsImportant points in our Terms and Conditions that youshould be particularly aware of:Summary of the Terms and ConditionsAcceptance of the App TermsThis Summary sets out key details about the HSBC BankMobile Banking Application (the “Mobile Banking App” or the“App”). It forms part of the HSBC Bank Mobile Banking AppLicence Terms and Conditions (the “Licence Terms”). Youshould read it carefully together with the rest of these Terms(App Terms). The HSBC Bank Mobile Banking App allows youto access some of our Internet Banking service in a formatwhich is easier to view on a mobile phone or tablet. This Appcan be downloaded from the App store. You need to registerfor the HSBC Personal Internet Banking in order to use theapp. Please follow the instructions provided in the App inorder to set-up a 6 digit Personal Identification Number (PIN).A PIN has to be set for each and every devise you will use toaccess your accounts. You will need this PIN each time youlog-on or, to set up the Biometric Authentication.You, as a user, are entitled to use this Mobile Banking App inaccordance with what is being established in these App Terms.Main Features of the Mobile Banking App:The following are the services available in the HSBC MobileBanking App as at the date of this document: View your account balances, including those of the GlobalHSBC Accounts held. Transfer money between your Bank accounts. Transfers money to third-party HSBC accounts and HSBCCredit Cards, you have previously set-up in your PersonalInternet Banking. Effect SEPA payments to third-party accounts held withother banks. These accounts need to be first set-up in yourPersonal Internet Banking. Pay local companies or organisations which you havepreviously paid through your Personal Internet Banking.New and updated features may be added to the App fromtime-to-time. Details of any new or added features and howto access such features will be provided on the HSBC Maltawebsite when these are launched.For more details about the available Mobile Banking Appfeatures, including details of restrictions, please seeclause 2.3 below.SecurityYou should make sure you keep your mobile phone/tablet and your log on details safe and secure. You mustlet us know as soon as possible if these are lost, stolen,misappropriated or used without your authorisation. Youmay be responsible for unauthorised payments made fromyour accounts if you have not kept your mobile phone/tabletand your log on details safe.In case of Biometric Authentication, you should only enableTouch ID/Fingerprint if you are the only person who hasregistered your fingerprints on the device. You may beresponsible, either in whole or in part for any unauthorisedpayments made from your accounts if your fingerprints arenot the only fingerprints registered on this device.ChargesWe do not charge for the Mobile Banking App however,your mobile network operator may charge you to access theApp. These charges may vary if you access the App whenabroad. You are responsible for these charges and you areresponsible to review any applicable fees chargeable by yourmobile network operator to access and operate this App.Suspension of the Mobile Banking App.We can suspend the App in a number of situations, forexample, for security reasons or because we suspect theApp has been used fraudulently or in an unauthorised way.We can also suspend the App for reasons related to certainupgrades or new features, for system maintenance issuesor when contracting new providers. We will try to tell you inadvance but may not always be able to. For full details aboutsuspension please see clause 6 below.Changing the Terms.We can change these App Terms at any time. Where thechange is material or relates to new charges we will tell youabout the changes at least 60 days in advance. Where thechanges are for your benefit and/or are not material we willnotify you of these as soon as reasonably practicable. Forthe full terms and conditions about changes, please seeclause 8 below.
Effective from 1 March 2019Contents1.Glossary 12.Using the Mobile Banking App 13.Responsibility and availability of service4.Security 35.Abnormal and unforeseen circumstances 46.Suspension of the Mobile Banking App7.Ending this license 48.Changes 59.Miscellaneous 52410. Your statutory rights 511. Governing law and language 512. Data sharing 513. How to Complain 514. Complaints to the Arbiter of Financial Services5
Terms and Conditions Mobile Banking AppThe App Terms apply together with: the Terms and Conditions that apply to any account orservice you can access using this App, including theGeneral Terms and Conditions; our Terms of Use for HSBC Personal Internet Banking; and any other Terms and Conditions that we advise you to apply.Notwithstanding anything stated in the General Terms andConditions, in case of any conflict between the App Termsand the General Terms, the App Terms shall prevail.Only the following people have rights under these App Terms: you; us; the supplier of the mobile device to which you havedownloaded the App; and the App store from which you downloaded the MobileBanking App.You can view and download a copy of these App Terms byvisiting the following website bmt/docs/mobile-banking-app-terms.pdfYou will in addition be able to view the current version of theApp Terms within the App at any time under the ‘ImportantInformation’ tab.We shall grant you a licence to use the App on a mobiledevice that you own, control or use, subject to these AppTerms and any Usage Rules set out in the Terms of Service ofthe supplying App Store. This licence shall commence whenyou have downloaded the App and log on for the first timeand will continue until ended as set out in clauses 7 or 8.2.
Effective from 1 March 20191.Glossary“Mobile Banking App” or “App” means the HSBC MobileBanking Application which can be downloaded to anymobile device which runs an operating system supportedby us, through which you can access some of our InternetBanking services.“Mobile Banking App services” means those services set outin clause 2.3.“Activation Code” is the code that will be sent to you toactivate the Mobile Banking App.“PIN” is a personal identification number used to access theMobile Banking App from the particular device. A PIN hasto be set up for every device you use to access the MobileBanking App.“Bill Payments” are payments in euro directly to the accountof another person or organisation in Malta held with us.“SEPA payments” are payments in euro to accounts in EEAcountries, Monaco, Principality of Andorra, San Marino,Switzerland and the Vatican City State, under the SingleEuro Payments Area (SEPA) scheme. If your account is notin euro,we will deduct from your account the amount ofthe payment and then convert the payment into euro at theprevailing exchange rate.“Existing Beneficiaries” are people or organisations that holdaccounts with HSBC Bank Malta p.l.c. and to whom youhave made a payment using Internet Banking and which aredisplayed within your HSBC Personal Internet Banking.“HSBC Group” means (1) HSBC Holdings p.l.c. and any entitywhich from time to time is a subsidiary of HSBC Holdingsp.l.c including HSBC Bank Malta p.l.c. and its subsidiariesand/or associate companies; (2) any entity over which fromtime to time any of the entities defined in (1) of this definitioneither directly or indirectly exercises management control,even though it may own less than fifty percent (50%) of theshares; and (3) any entity otherwise notified by us from timeto time.“Internet Banking” means the HSBC Bank Malta p.l.c.Internet Banking service. The full Internet Banking Service isavailable by logging on the following site:http://www.hsbc.com.mt.“Security Code” – means a one time password generated bya Security Device.“Security Device” – means an electronic device used togenerate the ‘security code’.“Transfer” can be in the form of an internal transfer of fundsbetween your accounts, or to another HSBC Bank Maltaaccount (including a joint account).1“Touch ID” is an identity recognition system developedby Apple Inc which allows you to use your fingerprints as abiometric authentication method so as to log on toMobile Banking.“Fingerprint” is an identity recognition system developedby Android which allows you to use your fingerprints as abiometric authentication method so as to log on to MobileBanking.“Face ID” is a facial recognition system designed anddeveloped by Apple Inc. for the iPhone X. It is a typeof biometric authentication technology intended tosucceed Touch ID, a fingerprint-based system.“BiometricAuthentication” is a security process that relies on yourunique biological characteristics so as to verify your identity.The current supported biometric authentication methodsare Touch ID and Face ID methods which are developed byApple Inc, and Fingerprint which is developed by Android.“iOS” is a mobile operating system created and developed byApple Inc. exclusively for its hardware.“you”, “your” and “yours” mean the person who hasdownloaded the Mobile Banking App and is using that App.“we”, “us” and “our” mean HSBC Bank Malta p.l.c., andany agents we appoint to provide all or part of the MobileBanking App.2Using The Mobile Banking App2.1 You must be registered for Internet Banking to be ableto use the Mobile Banking App. The Mobile BankingApp can be used on a mobile device running anoperating system supported by us. From the MobileBanking App, you can access some of our InternetBanking service. However, not all our Personal InternetBanking services can be accessed through the App(please see clause 2.3 below for details of which partsof the Internet Banking service are available).2.2 Before you can log-in the app, you need to activate theapp by inputting the security code or by receiving anactivation code. You then need to create a new 6 digitPIN which has to be used whenever you log-in. Once thePIN is set, you can use either the PIN or the biometricauthentication to log-in the Mobile Banking App.We may notify you from time-to-time about changes in thesecurity information. We will automatically log you out ofthe Mobile Banking App if you do not use it for a stipulatedamount of time.
Terms and Conditions Mobile Banking App2Some Services available within the App2.3 The following are the services available through theMobile Banking App as at the date of this document:– View your accounts through a single log in by meansof the Global View service.– Check the balance of your HSBC Bank accounts.– View recent transactions.– Make transfers between your accounts andCredit Cards.– Make transfers to third-party HSBC accounts,Credit Cards and SEPA payments to accountsyou have previously paid through your PersonalInternet Banking.– Make Bill Payments to Existing Beneficiaries.Other services may be introduced from time-to-time.Details of such other services and any restrictions that mayapply will be provided on the HSBC Malta Website whenthese are launched.Things you must not do:2.4 You must not copy or reproduce all or any part of theMobile Banking App.2.5 You must not alter, modify or adapt all or any part of theMobile Banking App.2.6 You must not remove or tamper with any copyrightnotice attached to or contained within the MobileBanking App. All ownership in the Mobile Banking Appremains with us.2.7 You must not carry out reverse engineering of theMobile Banking App.3.Responsibilities And Availability Of Service3.1 While we make reasonable efforts to provide the MobileBanking App services, we will not be liable for anyfailure to provide those services, in part or in full, dueto abnormal and unforeseen circumstances beyondour control, the consequences of which would havebeen unavoidable despite all efforts to the contrary. Thisincludes but not limited to any phone network failuresor, in the case of mobile networks, where you are not inan area of mobile coverage.3.2 The Mobile Banking App is provided “as is” with norepresentation, guarantee or agreement of any kind asto its functionality. We cannot guarantee that no virusesor other contaminating or destructive properties will betransmitted or that no damage will occur to your mobiledevice. We are not responsible for any loss you mayincur as a result of this.3.3 We are responsible for the Mobile Banking App andits content. Apple Inc. or Google Inc., do not haveany responsibilities or obligations to you in relationto the Mobile Banking App and will not provide anymaintenance and support services for the MobileBanking App.3.4 The Mobile Banking App may only be installed and usedby customers of HSBC Bank Malta p.l.c. You confirmthat (i) you are not located in a country subject to a USGovernment embargo, or that has been designatedby the US Government as a “terrorist supporting”country; and (ii) you are not listed amongst prohibitedor restricted parties on any US Government or UNsanctions.Use of location data3.5 Certain services in the app, use information about yourphysical location sent from your mobile device(e.g. GPS signals). If you use these services, you consentto us, our partners and licensees, and Google accessing,monitoring, transmitting, collecting, maintaining,disclosing, processing and using your location data.This also means that if you use the services you areconsenting toithe terms and conditions, and privacy policy, of thisMobile Banking App.ii the terms and conditions, and privacy policy,of Google.You will be asked to consent to the use of location serviceswhen you download the Mobile Banking App. You maywithdraw this consent at any time by turning off the locationservices settings on your mobile device.3.6 Access to Google Maps/Google Earth APIs through theMobile Banking App is subject to the separate Googleterms and conditions available athttp://maps.google.com/help/terms maps/legal/universal aup.htmlYou should review carefully these conditions beforeusing the services. We are not responsible for thecontent of the terms and conditons of Google and weare not liable in any way for any losses resulting fromany terms and conditions of Google or other lossesotherwise related to their services.
Effective from 1 March 20194.SecurityYour security obligations4.1 You must take all reasonable precautions to keep safeand prevent fraudulent use of your mobile device,Personal Identification Number or any other securityinformation.These precautions include:– never writing down or otherwise recording yourPersonal Identification Number in a way that can beunderstood by someone else;– not choosing a Personal Identification Number thatmay be easy to guess;– taking care to ensure that no one hears or sees yourPersonal Identification Number when you use it;– keeping your Personal Identification Number uniqueto the Mobile Banking App;– not disclosing your Personal Identification Number toanyone, including the police and us;– changing your Personal Identification Numberimmediately and telling us as soon as possible inaccordance with clause 4.3 if you know, or evensuspect, that someone else knows your securitydetails, or if we ask you to;– keeping your Personal Identification Number andmobile device safe;– complying with all reasonable instructions we issueregarding keeping your Personal IdentificationNumber safe;– once you have logged onto the Mobile Banking Appdo not leave your mobile device unattended or letanyone else use your mobile device;– logging out of the Mobile Banking App onceyou have finished using the Mobile Banking Appservices, and in particular not leaving the MobileBanking App running in the background whilstlogged in (e.g. whilst multi-tasking, or runningother apps);– follow all security measures provided to you bythe manufacturer of your mobile device operatingsystem that apply to your use of the Mobile BankingApp or your mobile device (although you shouldnever disclose your security details to them orinformation about your accounts with us);– undertake reasonable and adequate precautionsto scan for mobile phone or other destructiveproperties;– if you activate Biometric Authentication method youmust ensure that only your fingerprints are registeredon the device.You shall be responsible for unauthorised paymentsmade from your accounts if you have not kept yourmobile device and your security details safe, or if yoursis not the only fingerprint registered on the device andyou have activated fingerprint logon.34.2 You must not use the Mobile Banking App on any deviceor operating system that has been modified outside themobile device or operating system vendor supportedor warranted configurations. This includes devices thathave been “jail-broken” or “rooted”. A jail broken orrooted device is a device that has been freed from thelimitations imposed on it by your mobile service providerand the phone manufacturer without their approval.4.3 After initial registration we will never contact you (or askanyone to do so on our behalf) with a request to discloseyour log in details. If you receive any such request fromanyone (even if they are using our name and logo andappear to be genuine) then it is likely to be fraudulentand you must not supply your log in details to them inany circumstances. Additionally, you should report anysuch requests to us immediately.4.4 You will be responsible for all instructions given by youor anyone acting with your authority between when youlog onto the Mobile Banking App until you log off theMobile Banking App.4.5 You are responsible for making sure information shownor stored on your mobile phone is kept secure.4.6 You must advise us of any change to your mobile phonenumber without delay.What to do if there is a breach of security4.7 If you know or suspect that someone else knows yourlog in details, or has used or tried to use them, or ifyour mobile device is lost or stolen you must tell uswithout delay by calling us on 356 2148 3809. Linesare open 24 hours a day, 7 days a week. We may askyou to co-operate with us and the police into the actualor suspected misuse of your security details, the MobileBanking App or your Account(s).Unauthorised transactions4.8 Please refer to the Product Terms for details aboutunauthorised transactions. You will be responsible for alllosses arising from unauthorised transactions on yourAccount as a result of; You acting fraudulently, or– You intentionally or with gross negligence failingto use the Mobile Banking App in accordance withthe App Terms (including keeping safe your MobileBanking security details), or– You intentionally or with gross negligence failto notify us in accordance with clause 4.7 if youknow or suspect someone else knows your MobileBanking security details or has used or tried to useyour security details.
Terms and Conditions Mobile Banking App45.Abnormal And Unforseen CircumstancesWe are not responsible if we do not comply with any of theApp Terms: Due to abnormal and unforeseeable circumstancesbeyond our control, the consequences of which wouldhave been unavoidable despite all efforts to the contrary;or Where our failure to comply is due to our obligations underEuropean or national law.6.Suspension Of The Mobile Banking AppWe can, at any time, suspend your use of the Mobile BankingApp. We will do this if we think it is reasonably necessarybecause: We have concerns about the security of the MobileBanking App or Personal Internet Banking; or We suspect that your Mobile Banking App or PersonalInternet Banking has been used fraudulently or in anunauthorised way; or There is a significantly increased risk that you will beunable to repay any overdraft on any of your accounts; or There are system maintenance issues which need to beaddressed promptly; or New upgrades or features are being introduced to theMobile Banking App or Personal Internet Banking; or The Mobile Banking App or Personal Internet Bankingprovider is being changed ; or There are Malta or European legal obligations we haveto meet.If we do suspend your use of the Mobile Banking App we willalso suspend your Personal Internet Banking.We will usually give you advance notice of any suspensionand tell you why. However, we will not do so if this wouldcompromise our reasonable security measures or it isunlawful to do this. Occasionally we may not be able tocontact you to give you advance notice.If you have entered incorrect Mobile Banking log on detailsfor five times, we will suspend your access to the MobileApp., You will need to call us on 356 2380 2380 tore-establish access. Alternatively you can ask for a PIN resetthrough the Mobile Banking App, by using your Hard Tokenor the Mobile Password.7.Ending This Licence7.1 You can end this licence at any time by contacting us bytelephone or through a branch. We will levy no chargefor your cancellation of this licence. In this case, youshould also delete the Mobile Banking App from yourmobile device.7.2 We can end this licence with you immediately and withno advance notice in the following situations;– If you have not used the Personal Internet BankingService and Mobile Banking App for a period oftime as stipulated by the Bank. You may have tore-activate your user in order to access the MobileBanking App again; or– If you have seriously or persistently broken any of theApp Terms or the Product Terms including but notlimited to where; or– You are, or we reasonably suspect you may be, usingor obtaining, or allowing someone else to use orobtain, an account, service or money illegally; or– Your account is, or we reasonably suspect youraccount is, being used for an illegal purpose; or– You are, or we reasonably suspect you may be,acting fraudulently; or– You act in an unacceptable way, for example you actin a threatening or violent manner towards staff; or– You were not entitled to download the App; or– We have reasonable grounds to suspect that yourPersonal Identification Number was not kept safe; or– We have reasonable grounds for believing youhave committed or are about to commit a crime inconnection with your account; or– You have not satisfied any anti-money launderingrequirements; or– There has been or we suspect there has been fraudinvolving any of your accounts or any transactionson any of your HSBC accounts; or– If there has been or we suspect there has beensuspicious activity on your account; or– We have reasonable grounds to suspectunauthorised or fraudulent use of your securitydetails; or– If the Mobile Banking App is withdrawn by themanufacturer of your mobile device operatingsystem or, any intermediary; or– If we stop supporting the Mobile Banking App onyour mobile device or the operating system it runs;or– If you stop holding any account, product or servicein respect of which the Mobile Banking App may beused; or– We may break a law, regulation, code, court order orother duty; or– We, or another HSBC Group company, may beexposed to action or censure from any government,regulator or law enforcement agency.7.3 We will notify you after we have terminated the licence.Notification can be either by a SMS, by post, by e-mail,or in any other way that will be sent to you individually.
Effective from 1 March 20197.4 We may end this licence for any other reason bygiving you at least two months’ personal notice. Thismay happen if, for example, we replace the MobileBanking App.7.5 Upon termination of this licence for any reason;– you must remove the Mobile Banking App from yourmobile device;– destroy all copies of the Mobile Banking Appincluding all components of it in your possession;and– all rights you have in respect of the Mobile BankingApp will immediately end.7.6 You must delete the Mobile Banking App from yourmobile device if you change your mobile device ordispose of it.8.Changes8.1 We may change the App Terms (including, but notlimited to, introducing new charges and changing thetypes of payments you can make using the MobileBanking App) for any of the reasons set out in theProduct Terms. We may also change the App Termsfor any other valid reason. We will tell you about anymaterial changes or any new charges either by post, bye-mail, by secure e-message, or by placing details ofthe change/new charges within your Personal InternetBanking at least 60 days before the changes take effect.Where the changes to the App terms are for your benefitand/or are not material we will notify you of these assoon as reasonably practicable.8.2 If we provide you with notice that we are going to makea change to Terms, you can end this licence before thatchange takes effect without charge. If you do not tell usthat you want to end this licence, then we will assumethat you have accepted the change and it will take effectautomatically once you make use of the App.9.Miscellaneous9.1 If any part of the App Terms becomes invalid, illegalor unenforceable, this will not affect the validity of theremaining App Terms.9.2 If we allow you some extra time to meet your obligationsin these Terms or do not use some of our rights, thisdoes not mean that we will do so again.9.3 We can transfer all or some of our rights under theseTerms to someone else. You cannot transfer any of yourrights and obligations under these Terms to anyone else.510. Your Statutory RightsNothing in these Terms will reduce your statutory rightsincluding your rights relating to mis-described accounts orservices, the fairness of terms on which they are provided toyou, any rights you may have to close your account and/orclaim compensation.11. Governing Law And LanguageThe laws of Malta apply to these App Terms and how wedealt with you before this licence applied. Any claims relatingto the App Terms shall be subject to the non-exclusivejurisdiction of the Maltese Courts.The App Terms are in English and any communicationswe send to you will be in English. Copyright in the pages,screens, information, and all material in their arrangement,included in the App is owned by or licensed to us or theHSBC Group unless otherwise noted.12. Data SharingWe may use third parties to provide services on our behalfwhich may include the sharing of some of your contactdetails with them.13. How To ComplainIf we do not deliver the standard of service you expect, orif you think we have made a mistake, please let us know.We will investigate the situation and, if necessary, setabout putting matters right as quickly as possible. Whereappropriate we will also take steps to prevent a recurrence.We have compliant handling procedures.Your first point of complaint should be your Branch Manageror Relationship Manager.If you remain dissatisfied with the decision/outcome thenescalate to the Customer Relations Official on telephonenumber ( 356) 2380 2380 for personal customers or( 356) 2380 2389 for Fusion customers or in writing.The mailing address is The Customer Relations Manager,HSBC Bank Malta p.l.c., Operations Centre, Mill Street,Qormi, QRM 3101, Malta. E-mail complaints may beaddressed to [email protected]. Complaints To Arbiter Of Financial ServicesYou may also complain to the Arbiter for Financial Services,at the Office of the Arbiter for Financial Services, First Floor,St Calcedonius Square, Floriana, FRN 1530, Malta or viae-mail complaint [email protected], but before youdo this we request that you contact your Branch Manager/Relationship Manager/Customer Relations Official in terms ofclause 13 above.
HSBC Malta p.l.c., 116, Archbishop Street, Valletta VLT 1444, Malta. Registered in Malta, company registrationnumber C3177.Regulated by the Malta Financial Services Authority. Licensed to conduct investment services business and is enrolled as a Tied Insurance Intermediary forHSBC Life Assurance (Malta) Ltd. Listed on the Malta Stock Exchange.(Ref No. 108438 – 09/19)
downloaded the Mobile Banking App and is using that App. "we", "us" and "our" mean HSBC Bank Malta p.l.c., and any agents we appoint to provide all or part of the Mobile Banking App. 2 Using The Mobile Banking App 2.1 You must be registered for Internet Banking to be able to use the Mobile Banking App. The Mobile Banking
