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HSBC Expat Digital Banking Services Terms and Conditions

1. This Agreement

This set of terms and conditions forms a legally binding agreement between you and us. We call it the "Agreement". By saying "we" or "us", we mean HSBC Expat, a division of HSBC Bank plc, Jersey Branch, and, where relevant, the entire HSBC Group.

HSBC Bank plc, Jersey Branch, is located at HSBC House, Esplanade, St Helier, Jersey, JE1 1HS. HSBC Bank plc, Jersey Branch is regulated by the Jersey Financial Services Commission for Banking, General Insurance Mediation, Investment and Fund Services Business. HSBC Bank plc is registered and incorporated in England and Wales with the company number 14259. Its registered office is in 8 Canada Square, London, E14 5HQ.

This Agreement forms part of the formal banking relationship you have with us, together with other legal documents, such as the terms and conditions applicable to your HSBC Expat bank account(s), HSBC Expat’s Global Money offering and, if relevant, your HSBC Expat investment account(s). Other documents, like the HSBC Expat Global View terms and conditions may likewise apply and we might from time to time tell you about additional terms and conditions which form part of your legal relationship with us.

2. What this Agreement covers

This Agreement incorporates the general terms and conditions which apply to the following HSBC Expat digital offerings:

  • Expat Online Banking
  • Expat Mobile Banking App

You must be a customer of HSBC Expat and hold an HSBC Expat bank account before you can use any of these services.

There are some countries whose laws and regulations may not permit you to download or use banking services such as online or mobile banking and/or we may not be licensed to offer these services or related products to you.

By downloading our mobile banking software, you confirm that to the best of your knowledge you are not prohibited from downloading or using these banking applications in the country where you reside.

If we find that we would be prohibited from offering you our services through these digital banking channels but you have already installed and are using all or any of them, we reserve the right to block your bank accounts and disable the services.

This Agreement only covers the digital offerings we mention above, not the underlying products you may have with us and which you might potentially access and operate using our digital channels (for example, bank accounts, Global Money or certain investment solutions). You should check the applicable contracts for your banking products if you have questions about the products themselves.

3. Online and mobile banking

The online and mobile banking channels are digital options to make your banking experience with us smoother and more convenient. They allow you to access your accounts and other banking products and services from wherever you are, usually at any time, as long you have access to the internet.

Please be aware that not all of your HSBC accounts or banking services may necessarily be available through online or mobile banking.

What you need to do

  • For access to online banking, you must first register for the service through our website or by calling us. We will provide you with guidance and information so you can get your online banking access established.
  • If you also wish to use mobile banking, you must register for online banking first before you can successfully install and operate the Expat mobile banking app on your smartphone.
  • Doing online and mobile banking with HSBC Expat might have tax implications for you. We do not provide tax advice and always recommend that you should obtain your own professional tax advice for any banking products or services you wish to use through our digital channels.

What you can do

  • Online and mobile banking allow you to make electronic payments, including Global Transfer payments, Global Money Wallets or to use virtual debit card technology.
  • You may be able to access our International Investment Centre (IIC) through online banking (the degree of access and functionality to the IIC you can get will depend on where you reside, amongst other factors).
  • You may be able to use service offerings like HSBC Expat’s Global Money for your foreign currency needs.
  • You may be able to see products or services through your online or mobile banking that you have bought outside of these channels but hold through us, another HSBC Group company or certain third parties.

What you cannot do

The services and functionality we can offer you in our digital services channels depends both on the technology available and the laws and regulations of the countries we operate in. What we can and cannot provide to you will therefore change from time to time, but for example only:

  • you should ensure that you do not knowingly use online or mobile banking channels if this is not permitted by local law in the country you are in and we shall not be liable for any loss, damage or other outcome suffered by you as result of your use or you not being able to use these services in these countries
  • you will not be able to access offerings such as financial advice through online or mobile banking. We do not solicit, recommend or advise on any financial products or services through the online or mobile banking channels
  • you will not be able to use the mobile banking app to open new HSBC Expat bank accounts, buy or sell shares or purchase insurance products
  • you cannot transfer this Agreement to anybody else. However, we may transfer this Agreement to other members of the HSBC Group or third parties, should we so choose. We'll let you know if we do this.
  • whilst we give you a non-exclusive right to access our digital services like online or mobile banking, you cannot grant user licenses or any other rights to anybody regarding HSBC's digital products and services. You are also not allowed to use HSBC's logos, copyrights or branding for any purposes unless we grant you express permission
  • you must not alter, modify, copy, reverse engineer or tamper with any part of our online or mobile banking products or services.

4. Fees and charges

We don't charge you for using online or mobile banking and downloading the required software is also free of charge. 

We also don't charge you for the tool or application you need to generate security codes to access your online or mobile banking. Our security features and the tools or applications you need to access your online or mobile banking will change as technology evolves.

You may still be charged for certain actions you do when using your online or mobile banking, for example, certain payments or money transfers you make. You can find details of such fees and charges on our website https://www.expat.hsbc.com/ways-to-bank/online/faq/#limits

5. How your online and mobile banking works

Checking your identity

When you want to use online or mobile banking, we will ask for certain information to verify your identity before we may act on your instructions or grant you access to your accounts. Such security features could include passwords, signatures, security questions or codes, biometric data or information you use with your electronic device, e.g. a mobile number or email address.

If we are not confident that it's you:

  • we may ask additional questions
  • your transactions may be delayed
  • we may not action or process your instructions
  • we may even have to block your account

Keeping your accounts and assets safe is an important obligation of ours that we take very seriously. We will not compensate you if there is delay or you lose money as a result of our actions to protect your accounts or assets.

We will only act on instructions if we reasonably believe the instructions are given or authorised by you.

Availability of our online and mobile services

Our online and mobile banking services may not be available if we conduct maintenance or upgrades to ensure our digital environments and products are safe, up to date and compatible with supported devices, operating systems and browsers. If we undertake maintenance or improvement work to our online or mobile banking services, we will give you prior notice either by putting a notice on our website or by sending a letter to your correspondence address last made known to us. We may be unable to give you prior notice if the maintenance work is urgent and important due to circumstances beyond our reasonable control.

There could also be legal, regulatory, technical, political or other reasons beyond our control which could affect the availability of our services.

If mobile or online banking are not available, we will not offer compensation and are not liable to you for delay, inconvenience, losses or lost opportunities. We will be pleased to help through our branches or telephone banking channels.

You should also check you are using the latest versions of your browser, operating system and mobile banking app, as issues might occur if you are using outdated software to access our online and mobile banking services. Please also check with your internet and mobile provider should you experience connection problems or more general internet access issues.

 

Instructing HSBC

If you give us instructions through online or mobile banking, you cannot cancel these without us agreeing.

If you make a mistake in an instruction, e.g. a payment sent to a wrong recipient, please notify us immediately. Please also check any transaction confirmation or notification we send you and tell us at once if you spot an error. We will try hard to help and get your money back, but we cannot guarantee it.

  • For example only, you instruct us to buy or sell shares for you through online banking and the cut-off time for us to receive your instructions is 17:00 UK time. If you submit your request at 16:55, your instruction might potentially hit an HSBC server just before 17:00 but it may only be received in the correct system or reach one of our bankers by, say, 17:04 and will therefore be processed the next working day.

Joint accounts

If you are a joint account holder, each person named on the account can register for the online and mobile banking services individually. Each joint account holder will have separate security details to access and use the services.

6.  Developments in online and mobile banking

We will from time to time offer updates or new apps and technologies in our online and mobile banking suite of products and services. This may include new apps and software. Equally, apps and software that we no longer deem suitable for our customers or service offering may be demised. We will generally endeavour to tell you about such developments ahead of time where reasonably practicable to do so.

If you are using online and/or mobile banking channels with HSBC, we recommend strongly that you read and acquaint yourself properly with any information around our digital services and products that we provide.

7. Your duty to protect yourself and your devices

It is paramount that you inform yourself how to properly protect your identity and your online and mobile banking access from unauthorised use, fraud, theft and other such risks.

We will never contact you with a request to tell us your security details in full, or ask you to log into your bank account for us. Security details we ask of you will only ever be partial and for the purpose of verifying your identity and authorising particular instructions you are giving us, NOT for us gaining access to your account. If you have security concerns, please contact us – our website explains how you can reach us.

We cannot give you full advice or exhaustive guidance but we ask you to consider a few things in relation to your online and mobile banking:
Do's Don'ts
If you use biometric data (e.g. fingerprints, facial recognition, retinal image, palm prints or voice recognition) to access your online or mobile banking or electronic devices, make sure only your own biometrics are registered on the device.

Don't use facial recognition if you have an identical twin sibling or your facial features undergo radical change (e.g. due to adolescence, accidents or facial surgery).

 

If you suffered an accident, surgery or injury which changes the biometric feature you are using to access your device or service (e.g. face, voice, hand, eyes), you may need to delete and reprogram the recognition software so it will recognise your new biometric feature.

Ensure your electronic devices always have the latest browser versions, anti-virus software and security updates. Don't disable functions or settings which may affect your biometric data, e.g. disabling 'Attention Aware' features for facial recognition on iOS.
Take all reasonable measures to prevent others from using your devices or having access to your banking or security information.

Don't be careless with your electronic devices and your online and mobile banking information. Keep your devices and banking information safe and secure at all times.

 

Do not access your online or mobile banking from devices which have been 'rooted' or 'jail broken', i.e. tampered with to disable or modify features installed by the manufacturer or provider without their authorisation.

Review your bank statements and tell us at once if you don't recognise a transaction. Don't tell anybody your security details, including passwords, security questions that verify your identity or PINs.
Tell us immediately if you know or suspect that your accounts, security details, banking data or devices may have been used by somebody else or are not safe. Don't download our mobile app from unauthorised sources. Official app stores include the Apple and Google app stores and other approved providers we tell you about on our website.
Delete your banking apps and details if you sell or no longer use your device. Doing a factory reset is a good idea. Be careful if you access online or mobile banking through public networks e.g. in cafes or airports. Only ever use your own devices to access online and mobile banking services.
Tell us immediately if you change your contact details or other personal information. Don't let other people use your electronic devices.
We cannot give you full advice or exhaustive guidance but we ask you to consider a few things in relation to your online and mobile banking:
Do's If you use biometric data (e.g. fingerprints, facial recognition, retinal image, palm prints or voice recognition) to access your online or mobile banking or electronic devices, make sure only your own biometrics are registered on the device.
Don'ts

Don't use facial recognition if you have an identical twin sibling or your facial features undergo radical change (e.g. due to adolescence, accidents or facial surgery).

 

If you suffered an accident, surgery or injury which changes the biometric feature you are using to access your device or service (e.g. face, voice, hand, eyes), you may need to delete and reprogram the recognition software so it will recognise your new biometric feature.

Do's Ensure your electronic devices always have the latest browser versions, anti-virus software and security updates.
Don'ts Don't disable functions or settings which may affect your biometric data, e.g. disabling 'Attention Aware' features for facial recognition on iOS.
Do's Take all reasonable measures to prevent others from using your devices or having access to your banking or security information.
Don'ts

Don't be careless with your electronic devices and your online and mobile banking information. Keep your devices and banking information safe and secure at all times.

 

Do not access your online or mobile banking from devices which have been 'rooted' or 'jail broken', i.e. tampered with to disable or modify features installed by the manufacturer or provider without their authorisation.

Do's Review your bank statements and tell us at once if you don't recognise a transaction.
Don'ts Don't tell anybody your security details, including passwords, security questions that verify your identity or PINs.
Do's Tell us immediately if you know or suspect that your accounts, security details, banking data or devices may have been used by somebody else or are not safe.
Don'ts Don't download our mobile app from unauthorised sources. Official app stores include the Apple and Google app stores and other approved providers we tell you about on our website.
Do's Delete your banking apps and details if you sell or no longer use your device. Doing a factory reset is a good idea.
Don'ts Be careful if you access online or mobile banking through public networks e.g. in cafes or airports. Only ever use your own devices to access online and mobile banking services.
Do's Tell us immediately if you change your contact details or other personal information.
Don'ts Don't let other people use your electronic devices.

If you don't follow our guidance above and on our website or app about how to stay safe online, you may be liable for any consequences of a security breach.

If you let someone use your device or your security details, we will assume they are you and act on their instructions as if it were you. This includes allowing someone to register their biometric data on your device.

You will be responsible for any transactions on your account until you let us know that your account, security details, data or device are no longer safe. If we reasonably believe you gave us an instruction, we will act on it. 

If you act fraudulently, intentionally do anything in contravention of this Agreement or there is gross negligence on your part, you will be liable for all losses.  Gross negligence can happen, for example, where you fail to keep your passwords safe or don't inform us immediately that your account or electronic devices are not safe.

8. Our liability to you

  • we are liable to you for losses or damage to your data, software, computer, telecommunications equipment or mobile phone where such loss or damage was solely and directly caused by our (or a third party we are directly responsible for) negligence, error or deliberate default in providing you with our online banking or mobile banking services
  • we are also liable to you if we fail to do something we have agreed to do in this Agreement and you suffer a type and amount of loss that we could have reasonably foreseen and expected as a direct result of this failure
  • we take reasonable care that any information we provide you with through our digital service offerings will be an accurate reflection of information in our computer systems or, if the information is supplied by a third party, an accurate reflection of what we received from that third party. We cannot promise, however, that information on our digital channels is always and absolutely error-free or accurate. This includes information on market rates you can see on Global Money or the International Investment Centre
  • while we uphold very high standards of digital security, we cannot guarantee that no computer viruses, malware or other destructive, intrusive or contaminating properties could be transmitted through our digital channels

There are other places in this Agreement where we say what else we are or aren't responsible for and we encourage you to read this entire Agreement carefully.

9. Your information and privacy

If you change your name, address, phone number or email address, you must promptly tell us in writing or by calling us. We will always use the most recent contact details you have given us to communicate with you.

Our privacy notice can be found at www.expat.hsbc.com/privacy/. Although it does not form part of this Agreement, it is an important document that explains our data protection practices in connection with the personal information that we collect or otherwise process about you. We encourage you to read it.

Some services and features of our online and mobile banking options may use or transmit data about your location. For our digital services to function best, the ability to access, monitor, transmit, collect, maintain, disclose, process and use is important. However, you can withdraw consent to this location data processing by turning off the location services settings on your mobile device.

10. Communication and amendments

We will always communicate with you in English and all correspondence or enquiries you have for us must be in English or translated into English by a certified translator at your own cost.

This Agreement and our website contains information about how you can contact us.

We can make amendments and variations to this Agreement at any time, for example to update our commercial terms (including fees and charges), accommodate changes in our business, service offerings, technology, facilities or systems or to comply with legal or regulatory requirements.

If we make amendments to this Agreement and our online and mobile banking services (including the FX App), we will notify you in advance of the changes. If you disagree with a change, you can delete or cancel your online and mobile banking and continue your banking business with us through telephone banking or, where possible, through an HSBC branch.

If you are comfortable with the changes, you won't have to do anything.

11. Intellectual property and hyperlinks

The HSBC Group gives you the right to use online banking and the mobile banking app to access our services but we don't give this right to you exclusively and you can't grant any rights relating to it to anyone else.

There might be hyperlinks to third party websites in our online and mobile banking. We are not responsible for these websites or the information they contain.

"HSBC", "HSBC Expat" and our Hexagon logo are registered trademarks. 

Apple, the Apple logo, iPhone, iPad, iPod Touch, Touch ID and Face ID are trademarks of Apple Inc. registered in the US and other countries. App Store is a Service Mark of Apple Inc. 

Google Play, the Google Play logo and Android are trademarks of Google LLC. 

iOS is a trademark or registered trademark of Cisco in the US and other countries and is used by Apple Inc. under license.

12. Termination of this Agreement

How you can end this Agreement:

You can always, at any time, delete the mobile banking app from your mobile phone, free of charge. You don't need to tell us about it.

You can also simply stop using digital banking at any time you want to. However, if you want to fully de-register from online banking itself, you need to let us know, so we can make the necessary changes in our systems. Just contact us via secure message, call us or write to us at

HSBC Expat

Suite 2.4

Bubble @ Clinch's

Lord Street

Douglas

Isle of Man

IM1 4LN

How we can end this Agreement:

We can end this Agreement for any reason by giving you 30 days' written notice. We do not have to tell you why we are ending it and in some cases may be legally prevented from telling you.

We can end this Agreement immediately and without notice for a variety of more serious reasons, such as (but not limited to):

  • you severely breach this Agreement or are in severe breach of other contracts with HSBC you might have, for example, you default on a loan or use your bank account for illicit or improper purposes
  • we have reason to suspect that you are involved in fraud, money laundering or other criminal activity
  • you use our online and mobile banking services for improper, illegal or business purposes
  • we are obligated to terminate by legal or regulatory requirements
  • if we or you become aware of irreparable or highly onerous commercial or technological reasons that make it impracticable for us to offer our digital banking services any longer
  • if you permit other parties to operate your bank accounts through online or mobile banking without telling us and you fail to put appropriate legal arrangements in place to formalise such account access
  • if you don't provide us promptly with information we reasonably request of you
  • you no longer have a banking relationship with us

The Agreement might also end and our digital services terminate if you don't use online or mobile banking for a period longer than 24 calendar months. In such cases you might have to sign up again to these services, should you wish to use them in the future. In the meantime, we would then send you documents in paper format which you would normally have received electronically. A fee might be chargeable for this.

If our relationship ends for any reason, you must delete all digital apps relating to your HSBC online and mobile banking from your electronic devices.

13. Governing law

This Agreement and everything that happens in relation to it is governed by the laws of Jersey. The courts of Jersey have exclusive jurisdiction concerning any dispute or matter arising from or in connection with this Agreement.

As this Agreement is personal between you and us, any person who is not party to this Agreement has no rights in relation to it.

14. Contact information and complaints

How to make a complaint

If we do not provide the standard of service you expect, or if you think we have made a mistake, please let us know so we can investigate, put matters right and take steps to prevent it happening again.

Please contact us using the details below; we'll send you a written acknowledgment within 48 hours and keep you informed of our progress until your complaint has been resolved. We'll do everything we can to sort out the problem.

By Telephone, Online, Post

Telephone our Service Recovery Team

+44 1534 616 028

We're here Monday to Friday, 08:00 to 17:00 (UK time).

Outside of these hours, our 24/7 Contact Centre will assist you.

+44 1534 616 313

To help us continually improve our service, and in the interest of security, we may monitor and/or record your communication with us.

If you're an existing customer and use our Online Banking Service, you can send us a Secure Message once you have logged on.

Service Recovery, HSBC Expat, HSBC House, Esplanade, St Helier, Jersey, JE1 1HS, Channel Islands.

 

If you still remain dissatisfied you may be entitled to refer your complaint to the ombudsman service in Jersey, using the contact details set out below:

Channel Islands Financial Ombudsman (CIFO)

P O Box 114

Jersey

Channel Islands

JE4 9QG

Website: www.ci-fo.org

Email: enquiries@ci-fo.org

Jersey local phone: 01534 748610

 

For concerns relating to our Hong Kong branch office, you also have the right to refer the matter to the Complaint Processing Centre of the Hong Kong Monetary Authority at: 

55/F, 

Two International Finance Centre 

8 Finance Street 

Central 

Hong Kong

 

For monetary disputes about a product, service or advice provided by our Hong Kong branch office, and which meet the eligibility requirements of the Terms of Reference for the FDRC, you have the right to refer the matter to the Financial Dispute Resolution Centre (FDRC) at: 

Room 408-409 

4/F, West Wing, Justice Place 

11 Ice House Street 

Central 

Hong Kong

Website: www.fdrc.org.hk

Email: fdrc@fdrc.org.hk

In order to be eligible for resolution of disputes under the Financial Dispute Resolution Scheme administered by FDRC, a written complaint must be filed with us and a final written reply in respect of the complaint has been issued or no final written reply has been issued within 60 days. Also, the dispute must be of a monetary nature not exceeding the prevailing FDRC maximum thresholds (inclusive of interest) or the foreign currency equivalent.

Data provided to Hong Kong branch

In order to be eligible for resolution of disputes under the Financial Dispute Resolution Scheme administered by FDRC, a written complaint must be filed with us and a final written reply in respect of the complaint has been issued or no final written reply has been issued within 60 days. Also, the dispute must be of a monetary nature not exceeding the prevailing FDRC maximum thresholds (inclusive of interest) or the foreign currency equivalent.

Our Regulatory Details

HSBC Expat is a division of HSBC Bank plc, Jersey Branch who is regulated by the Jersey Financial Services Commission for Banking, General Insurance Mediation, Investment and Fund Services Business. Principal address: HSBC House, Esplanade, St. Helier, Jersey, JE1 1HS, Channel Islands. 

HSBC Bank plc, Hong Kong Branch is licensed by the Hong Kong Monetary Authority as an authorized institution in Hong Kong. HSBC Bank plc, incorporated and registered in England and Wales number 14259, with limited liability. HSBC Bank plc is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority (UK FCA reference number: 114216). UK registered office: 8 Canada Square, London, E14 5HQ. Please note that as this service is provided from Jersey the rules and regulations which govern this service are primarily those of Jersey rather than the UK. Further information about the regulatory regime applicable to this service is available on request.