HSBC Online and Mobile Banking Terms and Conditions (April 2021 Edition)
The effective date of the HSBC Online and Mobile Banking Terms and Conditions is as follows:
30 April 2021 for all new and existing customers
1. Services
2. Governing Terms and Conditions
3. Use of the Services
4. Security Obligations
5. Customer’s Instructions
6. Fees
7. Confidentiality
8. Our Liability
9. Your Liability
10. Suspension and Termination
11. Amendments
12. Communication
13. Electronic Advertising and Cookies
14. Severability
15. Waiver
16. Miscellaneous
17. Governing Law and Jurisdiction
18. Intellectual Property Rights
19. JomPAY Terms of Use
20. DuitNow Terms of Use
21. Web Chat and Mobile Chat Terms of Use
1. Services
a. “The Bank”, “we”, “our” or “us” refers to HSBC Bank Malaysia Berhad or HSBC Amanah
Malaysia Berhad i.e. the entity with whom you hold your bank account.
b. You may connect to our internet banking site (“Online Banking”) via www.hsbc.com.my
for HSBC Bank Malaysia Berhad or www.hsbcamanah.com.my for HSBC Amanah Malaysia
Berhad; or our mobile banking application (“Mobile Banking App”) to access our online
services and facilities (the “Services”) to:
(i) operate accounts and give instructions to us,
(ii) perform banking, investment, financial and other transactions and dealings of
various nature;
(iii) obtain banking services, products, information, benefits and privileges offered by
us; and
(iv) communicate with us in relation to any enquiries on the Services.
c. We may by giving notice in accordance with Clause 12a:
(i) introduce new Services; and/or
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(ii) specify or vary the scope and extent of the Services and their features, including:
a. specify the types of transactions and dealings which you may conduct;
b. setting or varying limits including daily transaction or transfer limits;
c. reducing (to zero or any other amount) or re-setting any limit if you have not
used the Services for a period of time set by us to mitigate fraud risks;
d. provide additional or suspend third party applications, features and/or
products; and/or
e. perform system maintenance.
d. We may make available to you banking updates, information and reports in any form
through the Online Banking and/or Mobile Banking App.
e. The Mobile Banking App allows you to access some of our Online Banking Services in a
format which is easier to view and access on a mobile device. However, not all of our
Services available on Online Banking can be accessed using the Mobile Banking App.
2. Governing Terms and Conditions
a. By accessing the Services, you are deemed to have accepted these Terms.
b. These Terms are to be read together with our Universal Terms and Conditions
published on www.hsbc.com.my/terms-and-conditions/ and
https://www.hsbcamanah.com.my/help/important-information/#terms (as amended
from time to time) which continue to apply to every account, product, service and
facility opened with or provided by us. In the event of any conflict between the terms,
specific terms will prevail over general terms with regard to the Services, Online
Banking and Mobile Banking App.
c. When you use the Online Banking and/or Mobile Banking App to access third party
applications and/or services such as JomPAY Bill Payment, DuitNow, DuitNow QR, etc.
you will be subject to respective terms and conditions available on our websites
(www.hsbc.com.my for HSBC Bank, and www.hsbcamanah.com.my for HSBC Amanah).
d. Your continued access and use of the Services will be deemed as your acceptance of
any changes to the Terms.
3. Use of the Services
a. Registration is required to access the Services provided in our Online Banking and
Mobile Banking App. To register, you will need a debit card/-i or credit card/-i issued
by us (“Cards”) and perform a one-time registration at
https://www.hsbc.com.my/ways-to-bank/online-banking/register/ (for HSBC Bank) or
https://www.hsbcamanah.com.my/ways-to-bank/online-banking/register/ (for HSBC
Amanah) or via HSBC Malaysia Mobile Banking App
Note: Not all accounts may be accessed under the Services and not all types of Cards
may be used to register for the Services. There may be limitations on joint accounts.
b. To use the Mobile Banking App, please download and install the HSBC Malaysia Mobile
Banking App from the official mobile application stores. We are not responsible for any
losses or costs suffered by you due to incompatibility of software for using our Online
Banking and Mobile Banking App.
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c. In setting up your access, you will be required to provide certain information for
identification purposes. You confirm that all information provided is true, complete
and up-to-date.
d. The Services are provided for your sole and exclusive use. You should not permit any
other person to use the Services.
e. Any exchange rate, interest rate, hibah rate, profit rate, dealing rate or other price or
information quoted by us on the Online Banking and/or Mobile Banking App is for
reference only, unless the rate is confirmed by us for a transaction.
f. For Mobile Banking App, application software updates will be downloaded
automatically for some mobile devices. If this does not happen for your device, please
log on to the Mobile Banking App regularly to check for any reminders to install an
update. You may be restricted from using your Mobile Banking App to transact unless
the latest software update has been installed.
g. Certain banking services may not be available unless you consent to the sharing of your
physical location via computer or mobile device whilst transacting. We and our third
party service providers will require this information to provide the required
functionality. You may withdraw consent to the sharing of physical location at any time
by turning off the location services settings on the computer or mobile device.
h. By using the Services, you agree not to object to the admission of our records as
evidence in any legal proceedings because such records are not originals, are not in
writing or are documents produced by a computer or electronic device.
4. Security Obligations
a. Definitions
(i) “6-Digit PIN” means your personal identification number for logging on to the
Mobile Banking App.
(ii) “Biometric Credentials” means any unique biological characteristics or traits that
verify your identity, such as your fingerprints, eye retinas, face and voice
recognition.
(iii) “Identifier” means each of the user identification code (the 'User ID’), the
password (the ‘Password’), Security Device PIN, 6-Digit PIN, Security Device Codes,
SMS Code and Biometric Credentials.
(iv) “Re-authentication Code” means the one-time numeric password generated by
the Security Device/Mobile Secure Key for performing selected transactions.
(v) “Log On Code” means the one-time numeric password generated by the Security
Device /Mobile Secure Key for access to Services.
(vi) “Security Device” means the electronic device which generates the Security Code,
Re-authentication Code and Transaction Verification Code.
(vii) “Security Code” means the Log On Code, the Re-authentication Code and the
Transaction Verification Code collectively.
(viii) “Security Device PIN” means your personal identification number for using the
Security Device.
(ix) “SMS Code” means the 6-digit code sent to your mobile number for transaction
signing/authorization.
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(x) “Transaction Verification Code” means the one-time numeric password generated
by the Security Device / Mobile Secure Key for performing selected transactions
after the relevant numeric values relating to each transaction are keyed-in into the
Security Device / Mobile Secure Key.
(xi) “Mobile Secure Key” is a security feature available on your Mobile Banking App
which generates the Log On Code, Re-authentication Code and Transaction
Verification Code.
b. Please carefully follow our online guidance in setting up and applying the Identifiers when
accessing the Services.
c. You may change the Password, the Security Device PIN and 6-Digit PIN at any time but any
change shall be effective upon our notification to you that the change is successful.
d. Once a Security Device is in your custody, it is your responsibility to promptly notify us
and to apply for a replacement if it is subsequently lost or has failed to function as
intended.
e. You may still perform selected transactions in the absence of a Security Device when you
have User ID, Password, SMS Code, 6 Digit PIN and/or Biometric Credentials in place.
f. You must keep each Identifier secret at all times. You are advised NOT TO:
(i) Write down the Identifier;
(ii) Use simple passwords, Security Device PIN and 6-Digit PIN which may be easy to
guess such as birthdays, telephone numbers, dates of birth;
(iii) Fail to reset your User ID and Passwords and destroy the physical notification from
us which contains personal identification number issued to you with your User ID
when you first apply for the Services;
(iv) Record or store your Identifiers on any software or applications which
automatically retains it (for example, any computer screen prompts or ‘save
password’ feature or the like on an internet browser);
(v) Use the same Password, Security Device PIN and 6-Digit PIN without regularly
changing it;
(vi) Use the same Passwords, Security Device PIN and the 6-Digit PIN with other
internet sites or other mobile applications.
(vii) store a third party’s Biometric Credentials on your mobile device to log on to the
Mobile Banking App.
Important: We and our staff are never authorised to ask you for any of your passwords!
If you receive any such request from anyone (even if they are using our name and logo
and appear to be genuine) then it is likely to be fraudulent. You should report any such
requests to us immediately.
g. You are responsible for keeping the Identifiers secret and safekeeping the Security Device/
Mobile Secure Key .
h. Please immediately notify us in person or by telephone if you are aware of or suspect that
a third party has or may have access to any of your Identifiers, or you are aware of any
unauthorised transactions take place. We may ask you to confirm any notification in
writing. Please refer to https://www.hsbc.com.my/contact/ and
https://www.hsbcamanah.com.my/contact/ for the relevant contact numbers.
i. You are advised against the use facial recognition for authentication purpose if -
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(i) you have an identical twin sibling, or
(ii) you are an adolescent where facial features may be undergoing a rapid stage of
development.
j. To enhance security, we would advise against transacting online over a local area network
(LAN), virtual private network (VPN) or any public internet access which may not be
secure.
k. Any attempt to decompile, reverse-engineer, translate, convert, adapt, alter, modify,
enhance, add to, delete or in any way tamper with the Online Banking or Mobile Banking
App or any associated software is illegal. This includes your use of any device or operating
system that has been "jail-broken" or "rooted". A jail broken or rooted device means one
that has been freed from the limitations imposed on it by your mobile service provider
and the phone manufacturer without their approval. Any such use will be at your sole risk
and we reserve the right to block your access to Online Banking and/or Mobile Banking
App for this reason. You will not be able to access or use the Online Banking and/or Mobile
Device if your device is 'jail-broken’ or ‘rooted'.
l. You should install personal firewall and anti-virus software onto your computer(s) and
mobile device(s) and have them updated regularly.
m. You are required to promptly adhere to additional security measures or precautions
issued by us from time to time to safeguard the security of the Services and your accounts.
n. If your mobile device is lost, damaged or stolen we can deactivate your Mobile Secure Key
for you. Please contact us immediately for assistance. You may refer to
https://www.hsbc.com.my/contact/ and https://www.hsbcamanah.com.my/contact/ for
our contact numbers.
5. Customer’s Instructions
a. You will be required to identify and verify yourself online using certain Identifiers in order
to log-on to the Online Banking and/or Mobile Banking App.
b. An online instruction once issued is irrevocable. Should you wish to report the transaction,
please immediately contact us and we will use reasonable measures to assist.
c. We may act on an instruction if we reasonably believe that it is given or authorised by you
and we have no obligation to verify the identity of the person giving an online instruction
apart from verifying the Identifiers quoted.
d. We may in good faith, refuse to act on or delay acting on an instruction if we suspect a
breach of security or if circumstances are suspicious and will inform you as soon as
practicable, subject to prevailing laws and regulations.
e. We will provide a notification (such as short messaging system (SMS), email notification
and mobile push-notification) or online confirmation of the successful transaction after a
transaction or an instruction has been effected. If you have not received an advice or
confirmation shortly after transacting online, please contact us immediately.
f. An online transaction performed using the Services may not be immediately executed by
us and will be processed during normal banking hours (i.e. operating hours on a Kuala
Lumpur banking day).
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6. Fees
a. The fees and charges stipulated in our Tariff and Charges (made available under the Tariff
and Charges section on www.hsbc.com.my and www.hsbcamanah.com.my) shall apply.
b. We will give you prior notice of new fees or any variation of fees in accordance in Clause
11c.
7. Confidentiality
a. The information and reports on our websites, Online Banking and/or Mobile Banking App
and their form, format, mode or method of compilation, selection, configuration,
presentation and expression (collectively "Confidential Information") are the property of
HSBC Group and/or third parties (“Information Providers”).
b. You should not do or attempt to do any of the following:
(i) publish, display, convey, share, distribute, transmit, broadcast, cablecast,
reproduce, sell or disseminate any Confidential Information in any form or by any
means to any other person;
(ii) remove, erase, modify or hide in any way any proprietary marking on or appearing
with any Confidential Information, including any trademark or copyright notice;
and
(iii) incorporate or combine any Confidential Information with any other program or
information.
c. You agree that all rights, title and interest in and relating to the Confidential Information
(including all copyright, patent, trademark, service mark, proprietary property, trade
secrets and exclusive works) are and remain the exclusive property belonging to HSBC
Group and the Information Providers respectively.
d. No rights, title or interest is conveyed or transferred to you other than the right to access
the information and reports subject to these Terms.
e. An Information Provider may impose terms and conditions from time to time relating to
the availability of any Information supplied by it. Subject to giving you prior notification
of such terms and conditions and their effective date, you will be consid ered to have
accepted and will be bound by the terms and conditions if you access such Information
on or after that effective date.
f. The information will be made available as it is supplied to us. The information will identify
the Information Provider supplying the Information. We do not endorse or express any
comment on any Information supplied by any Information Provider.
g. The information and reports are made available for reference only. They are not intended
for trading or other purposes. Making available any information or report to you shall not,
by itself, constitute solicitation of the sale or recommendation of any product.
h. Neither we nor any Information Provider confirm or guarantee the accuracy, reliability,
adequacy, timeliness or completeness of any information or report or that it is fit for any
purpose. Neither we nor any Information Provider assume any liability (whether in tort or
contract or any other liability) for any Information or Report made available to you or any
other person.
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8. Our Liability
a. We will take reasonable steps to ensure that its operating systems are installed with
adequate security protection taking into account applicable regulations and prevailing
market practices.
b. However, we do not warrant that the Services, third party applications, the information
and the reports are free from virus or other destructive features which may adversely
affect your hardware, software or equipment. We reserve the right to modify or upgrade
its security from time to time and may require your prompt cooperation to implement
any software or hardware upgrades to remove and/or prevent any virus or malware
attacks.
c. We will make reasonable efforts to ensure that the Security Device/ Mobile Secure Key
provided to you will perform as necessary to permit access to the banking services as and
when required provided you safe-keep and use the Security Device/ Mobile Secure Key in
accordance with our recommendations.
d. We and/or any member of the HSBC Group are not liable for loss, damage or expense of
any kind which you or any other person may incur or suffer arising from or in connection
with the following (or any of them):
(i) use of the Services (including use of the Security Device / Mobile Secure Key) or
third party applications;
(ii) access to any information or report or any other information, whether or not
authorised by you; and
(iii) transmission or storage of any information and data relating to you, the Services
or transactions or dealings conducted by you using the Services in or through any
system, equipment or instrument of any communication network provider;
unless there was negligence or default by (i) us or any member of the HSBC Group; or ; (ii)
any employee, officer or agent of us or any member of the HSBC Group;
then we will be liable for the lower of:
A. any loss and damage you incur or suffer that is direct and reasonably foreseeable
arising directly and solely from such negligence or default; or
B. the amount of the relevant transaction.
e. Notwithstanding the above, neither we nor any member of the HSBC Group is liable for
any loss or damage which you may suffer from any interruption or other failure in
providing the Services, or in transmitting instructions or information relating to the
Services, or in connecting with the Online Banking and/or Mobile Banking App; which is
caused by any circumstances beyond our control such as breakdown or malfunction of
any system, network or equipment, attempted or actual acts of terrorism, outbreak of
epidermis, or acts of God.
f. In no circumstances will (i) we, any member of the HSBC Group, or any Information
Provider; (ii) any employee, officer or agent of us, any member of the HSBC Group, or any
Information Provider be responsible to you or any other person for any loss of profit or
interest, indirect or consequential loss.
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9. Your Liability
a. You will be fully responsible for losses and consequences arising from or in connection
with use of the Services (including, without limitation, the use of the Security Device/
Mobile Secure Key) if any of the following occurs: -
(i) you have acted fraudulently;
(ii) you have failed to take or carry out the precautionary security measures as advised
by us to you;
(iii) you have disclosed the Identifiers to any other person;
(iv) you have failed to take reasonable steps to keep the Security Device / Mobile Secure
Key secure at all times; and/or
(v) you have failed to report a breach of the security of an Identifier, the loss of a
Security Device/ Mobile Secure Key or any unauthorised transaction to us as soon
as reasonably practicable, upon your becoming aware of the breach, loss or
unauthorised transaction respectively.
b. If you have reported such unauthorised disclosure or use to us, and provided always that
none of the circumstances mentioned in Clause 9(a)(i) to (v) above occurs, you will not be
responsible for the unauthorised use that occurs after we actually receive your
notification.
c. Provided that you have kept the Identifiers secret at all times, safe kept the Security
Device/ Mobile Secure Key, in our reasonable opinion there is no negligence or fraud or
fault on your part and you fully cooperate with us, you shall not be liable for any loss or
misappropriation of funds caused by unauthorized online transactions as a result of:
(i) a computer crime which should have been prevented by the risks control and
management measures had we adopted such measures in accordance with Clause
8(a);
(ii) a human or system error by us; or
(iii) a missed or misdirected payment caused by the negligence or default by us, our
officers or employees.
d. You shall indemnify us for all losses, damages and reasonable costs and expenses which
we incur or suffer as a result of or in connection with the following (or any of them): -
(i) your use or misuse of the Services, third party applications, information or reports;
and
(ii) a breach of your obligations under these Terms and/or the Universal Terms and
Conditions including claims by Information Providers against us from your
infringement of intellectual property rights; and
(iii) the preservation or enforcement of our rights or exercise of our powers under
these Terms;
unless otherwise due to the negligence or default of us, our agent or officer or employee.
10. Suspension and Termination
a. We may suspend all or any of the Services by giving reasonable notice to you in
accordance with Clause 12a unless there is a valid reason for immediate suspension.
b. We may terminate all or any of the Services by giving 14 days’ prior notice to you in
accordance with Clause 12a unless there is a valid reason for immediate termination.
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c. The reasons for suspension or termination of the Services may be due to changes to our
business, technology or facilities we use, changes in law or regulations, new industry
guidelines or codes of practices, or due to circumstances as provided in our Universal
Terms and Conditions, in particular the clause on Suspension/Closure of Account. You
acknowledge that there will be instances where we are not able to provide reasons for
exercising our discretion to suspend or terminate the Services due to legal and/or
regulatory restrictions.
d. You may terminate the use of the Services at any time by giving us prior notice.
e. Even after suspension or termination of the Services, each party remains responsible for
performing and discharging the obligations and liabilities accrued before suspension or
termination. Clauses 4 (Security Obligations), 7 (Confidentiality), 8 (Our Liability), 9 (Your
Liability) and 10 (Suspension and Termination) of these Terms shall continue to apply even
after suspension or termination of the Services by us or by you.
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11. Amendments
a. We have the right to vary these Terms from time to time by way of reasonable prior notice
in the manner we reasonably consider appropriate, including posting notice on our
websites, Online Banking, Mobile Banking App, notice via emails or electronic messages.
b. The reasons for variation may be due to changes to our operation, business, technology
or facilities we use, changes in law or regulations, new industry guidelines or codes of
practices, or to facilitate corrections if any. We are not able to state all reasons why a
variation may be needed in future, but if we vary any of the terms, we will make sure that
it is reasonable with notice.
c. Any variation of terms which impose or increase fees or charges, increase your liability, or
reduce your rights shall take effect after 21 days’ prior written notice to you.
d. The variations shall be effective on the date specified in the notice and will apply to you if
you continue to use any of our Services after that date. You may cease to use the Online
Banking and/or Mobile Banking App at any time without notifying us.
12. Communication
a. We will give you notice under the Notices section on our websites ( www.hsbc.com.my for
HSBC Bank and www.hsbcamanah.com.my for HSBC Amanah) and may additionally in any
of the following manner:
(i) notice in Online Banking and/or Mobile Banking App;
(ii) notice via emails or electronic messages; or
(iii) any other mode we reasonably consider as appropriate.
You will be considered as having received any notice given by us at the time of posting or
transmission of the notice.
b. Communications sent by you to us will be considered as having been received by us on
the day of actual receipt.
13. Electronic Advertising and Cookies
a. The Online Banking and/or Mobile Banking App may contain marketing materials and
product advertisements from time to time.
b. Cookies are small text files that are placed on your browser or mobile device by the
website or mobile application you visit. Through the use of cookies, we may collect
information from your visit to the Online Banking and/or Mobile Banking App and use this
information to remember your preferences, analyse general usage patterns, advise
products or services, or to deliver marketing materials that could be of interest to you. If
you set your browser or mobile device to block these cookies, then these functions and
services will not be available for you.
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14. Severability
If any provision of these Terms is or becomes illegal or unenforceable under any applicable
regulation, such illegality or unenforceability does not affect any other provision which
remains in full force and effect.
15. Waiver
No failure or delay by us in exercising our rights or remedies will operate as a waiver of
that right or remedy. The rights and remedies under these Terms are intended to be
cumulative and in addition to any other right or remedy we have in law.
16. Miscellaneous
Where the account in question is a joint account:
(i) the reference in these Terms to you shall mean each joint account holder;
(ii) each joint account holder will be bound by these Terms; and
(iii) all joint account holders are jointly and severally liable for the transactions and
dealings conducted by any of them using the Services.
17. Governing Law and Jurisdiction
The Services and the Terms shall be governed by the laws of Malaysia and the Courts of
the Malaysia shall have non-exclusive jurisdiction.
18. Intellectual Property Rights
a. Unless otherwise indicated, the intellectual property rights of all trademarks, service
marks, logos, content and materials on the Online Banking and Mobile Banking App, are
owned by us, licensed to us or the HSBC Group.
b. You shall not commit any act which is detrimental to the rights of us, HSBC Group or third
party. You shall not use the Online Banking and Mobile Banking App for any purpose other
than the Services. You shall not reproduce the HSBC trademark, logo or brand name.
c. Apple, Google Inc., Microsoft Inc., Blackberry, any mobile telephone network provider and
any intermediary making the Mobile Banking App available for download will not have
any responsibilities or obligations to you in relation to the Mobile Banking App.
19. JomPAY Terms of Use
If you use the JomPAY Bill Payment application, the JomPAY Terms of Use as published on
our websites shall apply:
For HSBC Bank: https://www.hsbc.com.my/ways-to-bank/online-banking/jompay/
For HSBC Amanah: https://www.hsbcamanah.com.my/ways-to-bank/online-
banking/jompay/.
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20. DuitNow Terms of Use
For registration of DuitNow ID and usage of the DuitNow and DuitNow QR service, the
DuitNow Terms of Use as published on our websites shall apply:
For HSBC Bank: https://www.hsbc.com.my/duitnow
For HSBC Amanah: https://www.hsbcamanah.com.my/duitnow
21. Web Chat and Mobile Chat Terms of Use
For usage of Web Chat and Mobile Chat services, Web Chat and Mobile Chat Terms of
Use as published on our website shall apply:
For HSBC Bank and HSBC Amanah:
https://www.hsbc.com.my/content/dam/hsbc/my/docs/web-chat-and-mobile-chat/terms-of-
use.pdf
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