Please read the following terms and conditions carefully. In this document:
- references to ‘Site’ are references to the website at www.hsbcprivatebank.com;
- references to ‘Local Sites’ are references to other HSBC pages and websites or pages and websites issued by other entities within the HSBC Group;
- references to ‘you’, ‘your’ and ‘yours’ are references to the person(s) accessing the Site or any Local Site;
- references to ‘we’, 'us' and ‘our’ are references to HSBC Private Bank (UK) Limited;
- references to ‘HSBC Group’ are references to HSBC Holdings plc, its subsidiaries and affiliated companies from time to time; and
- references to ‘Terms and Conditions’ are references to these terms and conditions, as amended from time to time
1. Company information
The Site is owned by HSBC Private Bank (UK) Limited.
HSBC Private Bank (UK) Limited is a limited company registered in England and Wales under Company Register Number 499482 and with its registered office at 8 Canada Square, London, E14 5HQ, UK.
The information contained on the Site is for information purposes only. HSBC Private Bank (UK) Limited does not hold itself out as providing legal, financial or other advice via the Site.
2. Site terms
These Terms and Conditions govern your use of the Site and each time you access the Site you agree to be bound by them. If you do not accept these Terms and Conditions in full you should not access or use this Site and should leave the Site immediately. These Terms and Conditions refer to the following additional terms, which also apply to your use of our site:
From this Site we may provide information or hyperlinks to Local Sites which may be subject to their own specific terms and conditions including disclaimers. Your use of any Local Site shall be governed by both these Terms and Conditions and the terms and conditions of the Local Site ('Local Site Terms and Conditions'). You should also note that particular products and services provided by any member of the HSBC Group may have their own terms and conditions which will form the legal agreement between you and that member of the HSBC Group ('Product Terms and Conditions'). You should carefully read such terms and conditions before visiting such Local Site and/or obtaining the product or service from that member of the HSBC Group.
To the extent that there is any conflict between these Terms and Conditions and any Local Site Terms and Conditions and Product Terms and Conditions, the following order of precedence shall apply in relation to such conflict:
- Product Terms and Conditions;
- Local Site Terms and Conditions; and
- these Terms and Conditions
3. HSBC Private Bank (UK) Limited
hsbcprivatebank.com provides a portal, or gateway, to the financial services offered by members of the HSBC Group.
HSBC Private Bank (UK) Limited operation of the Site portal, or gateway, does not constitute an offer of any products or services provided by any of the HSBC Group members. If you want to know more about any of the products and services described on the Site, please visit the appropriate Local Site under the relevant country you live in. You will then be directed to a Local Site.
Not all the products and services that you may be able to view via the Site are available in all geographical locations and may be subject to their own Product Terms and Conditions. The relevant HSBC Group member reserves the right to make the final determination on whether or not you are eligible for any particular product or service. If you choose to enter a Local Site outside your country of residence, you are advised that it may not be legal in that jurisdiction for you to access or use the facilities available on that Local Site and the legal requirements of that jurisdiction may prohibit you from dealing or otherwise transacting in that jurisdiction.
All products or services provided to you by any HSBC Group member shall only be available in the jurisdiction(s) within which the HSBC Group member providing the product or service is authorised to operate.
By using a Local Site, you agree to be bound by the Local Site Terms and Conditions relating to such Local Site and that any of the products or services provided to you by any HSBC Group member shall be deemed to be provided in the jurisdiction within which the HSBC Group member providing the product or services is authorised to operate.
4. Accessing the Site
This Site is made available free of charge.
We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. Access to the Site is permitted on a temporary basis. We may suspend, withdraw, or discontinue all or any part of the Site, or any Local Site, without notice. We will not be liable to you if for any reason the Site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms and Conditions and other applicable terms and conditions, and that they comply with them.
The information, material and content provided in the pages of the Site or any Local Site may be changed at any time without notice. We may change the Terms and Conditions at any time by updating these pages. You agree to review any applicable terms and conditions regularly and that your use of any part of this Site will be subject to any such changes once they are made.
In certain circumstances you may be required to register with a Local Site. When you register, you must provide accurate and complete information and up-date such information when necessary so it remains accurate and complete. When you register and are accepted as a registered user of the Local Site, you choose a unique user name and password. Please use maximum caution to keep your user name and password confidential and log-off from the Local Site when your session is complete to prevent unauthorised access to your information. If your user name or password is subject to unauthorised access, you should immediately inform the relevant HSBC Group company.
7. Data protection and privacy policies
We are committed to protecting your privacy. All information gathered from you in connection with your use of the Site or any Local Site will be maintained in accordance with the applicable privacy policies disclosed for the Site or any of the Local Sites.
By using this Site and/or the Local Sites, you consent to our processing of the information referred to in this paragraph 7 and you warrant that all data provided by you is true and accurate.
8. No offer
Expressions of opinion are those of HSBC Private Bank (UK) Limited only and are subject to change without notice. Information or opinions contained on the Site or a Local Site do not constitute an offer to sell or a solicitation, or offer to buy, any securities or financial instruments or investment advice or recommendation in respect of such securities or other financial instruments. Should you seek to rely in any way whatsoever upon any content contained on this Site, you do so at your own risk.
The information on this Site and the Local Sites is based on understanding of current law, regulation and tax practice at the time of going to press. Future changes in law, regulation, or tax practice could affect the information on this Site. Before you make any decision or take any action that might affect you or your personal finances or business, you should always consult a suitably qualified professional adviser(s) to obtain appropriate financial, legal, accounting, tax and other advice.
9. No warranties
Other than the warranties and representations contained in these Terms and Conditions all other warranties and representations, whether express, implied or statutory are, to the fullest extent permitted by applicable law, excluded. The use of the Site is at your sole risk.
While we have taken reasonable steps to ensure the accuracy, currency, availability correctness and completeness of the information contained on the Site, information is provided on an ‘as is’ and ‘as available’ basis.
In particular, we make no warranties or representations regarding:
- the accuracy, adequacy, completeness or timeliness of the content, information, material, products and services of the Site or any Local Site; or
- the error-free use of the Site or Local Site; or
- the availability of the Site or any Local Site or that it will meet your requirements, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have sole responsibility for adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties; or
- the accuracy, functionality or performance of any third party software that may be used in connection with the Site or any Local Site.
10. Limitation of liability
To the extent permitted by law, neither we nor any member of the HSBC Group shall be liable for any damage, loss or liability (whether arising in contract, tort, including negligence, or otherwise) arising out of or in connection with (a) your use of this Site; (b) your reliance on or your inability to use the information, products or services on this Site; and/or (c) any failure in performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure to this Site or your use or attempted use of it.
The above exclusions apply to any damage which is direct, indirect, special, incidental or consequential or consists of loss of profits, business, goodwill, opportunity or data. All of the above exclusions apply even if you have advised us or any other member of the HSBC Group of the possibility of the above types of damage, loss or liability. Nothing in these terms shall exclude or limit the liability of any member of the HSBC Group in relation to fraud, misrepresentation, personal injury or death.
11. Links to third party Sites or content
Where we provide hypertext links to other locations on the internet, we do so for information purposes only. We are not responsible for the content of any websites or pages of third parties linked to or from this Site. Following links to any websites or pages of third parties shall be at your own risk. We shall not be responsible or liable for any damages or in any other way in connection with such linking of those websites or pages.
We are not responsible for the accuracy, timeliness or the continued availability or the existence of content, hyperlinks, or third party websites or pages linked to the Site or any Local Site. Links to third party downloadable software sites are for convenience only and we are not responsible nor are we liable for any difficulties or consequences associated with downloading such software. You are responsible for obtaining all necessary authorisations to use such software and we give no implied licence or warranty in relation to the obtaining of or use of such software whatsoever.
12. Links to our Site and your conduct
Neither you nor any other party may use any part of this Site on any other website, or link any other website to this Site, without our prior written permission. We are not responsible for the set up of any link from a third party website to our Site.
You are prohibited from posting or transmitting to or from this Site any material:
- that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance, harassment or inconvenience; or
- for which you have not obtained all necessary licences and/or approvals; or
- which constitutes or encourages conduct that could be considered a criminal offence, could give rise to civil liability or is otherwise contrary to the law of, or infringes the rights of any third party in, the UK or any other country in the world; or
- which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
You may not decompile, reverse-engineer or disassemble any part of the Site or its contents or any software used in connection with the Site.
You may not misuse this Site by hacking or to send or distribute multiple unsolicited junk e-mails or messages, chain letters or otherwise to interface with or disrupt the service or the networks through which you have access.
You may not use this Site for any commercial, profit-making or re-sale purposes, including the systematic extraction and/or re-utilisation of any part of a service or its content.
13. Internet and e-mail communications
Messages sent over the internet (including e-mail) cannot be guaranteed to be completely secure as they are subject to possible interception, monitoring, delay, loss or alteration.
Neither we nor any other member of the HSBC Group are responsible for any such messages nor liable to you or anyone else for any damages or otherwise in connection with any messages sent by you to us or any other party or any messages sent or appearing to be sent by us or any third party to you over the internet (including e-mail). You should not include any sensitive or confidential information in such messages.
14. Our monitoring of communications
To help us improve our service and in the interest of security, we may monitor and/or record communications (whether over the internet, telephone or otherwise) between you and us. All recordings are our sole property.
15. E-mail alert service
We may, at our discretion, provide an e-mail alert service (‘Alert Service’) allowing you to receive alerts relating to HSBC Private Bank (UK) Limited and/or such other parties or matters as we may include from time to time.
We may at any time at our discretion withdraw the Alert Service and/or your use of it.
The provisions under paragraph 9 (No warranties) in these Terms and Conditions shall apply as if reference to "the Site" includes reference to the Alert Service.
16. Intellectual property rights
All intellectual property rights (including, without limitation, copyright, database rights, design rights, patents and trade marks) in this Site or any Local Site are owned by or licensed to us unless otherwise stated. You may print, copy, download or temporarily store extracts from the Site or any Local Site for your personal use or to help you use our products and services. You may not alter or otherwise make any changes to any material obtained from the Site or any Local Site in any form, including, without limitation, removing any identifying marks or legends from such material. Any other use is prohibited unless you first request and obtain our written permission. Without limiting the above, unless you first obtain our written consent, you may not reproduce, modify, adapt, transmit, publish, broadcast, create derivative works of, store, archive or in any way exploit all or any part of this Site.
Content from a third party provider available on or through the Site or any Local Site may not be duplicated, distributed, published, transferred, transmitted, copied, altered, sold, used to create derivative works or otherwise misused. You must comply with all terms disclosed to you as required from time to time by any third party supplier of data or services to the Site or any Local Site, including but not limited to, where necessary, entering into a direct agreement with such third party in respect of your use of their data.
HSBC and the hexagon logo are trade marks of HSBC Holdings plc and all rights in and to them vest in HSBC Holdings plc. Other than as provided above you may not use or reproduce the HSBC trade mark, hexagon logo or brand name.
17. Not intended for children
The Site is not intended for use by minors.
Any notice to be given under these Terms and Conditions must be communicated by post, telex, email or facsimile to the address most recently notified by the receiving party. Receipt of notice shall be deemed to occur at the time when the notice would in the ordinary course be delivered or transmitted.
If any part of these Terms and Conditions is found by any court or other competent authority to be invalid, unlawful or unenforceable then such part shall be severed from the rest of such terms which shall continue to be valid and enforceable to the fullest extent permitted by law.
20. Governing law and jurisdiction
These Terms and Conditions are governed by and interpreted in accordance with the laws of England and Wales. The courts of England and Wales will have exclusive jurisdiction in respect of any dispute which may arise in connection with these Terms and Conditions and/or your use of the Site.