What you need to know about your

What you need to know about your HSBC Credit Card - effective 12 March 2014

Visa Credit Cards Customer Service Centre

For customer service, lost or stolen or PIN queries: Call 132 152

Within Australia 1800 029 951

Overseas (61 2) 9005 8511 (reverse charges).

HSBC Premier Centre - Call 1300 301 168

Overseas (61 2) 9005 8192

If we are not notified, you may

be liable for unauthorised use.

Refer to conditions 13 and 14 of the

HSBC Credit Card Conditions of Use.

1

Important notice

These conditions replace all HSBC Visa Credit Card

Conditions of Use previously issued. This document does

not contain all of the terms of your loan agreement or all

of the information we are required to give you before the

contract is made.

Further terms and conditions and information are included

in any sales voucher given to you by a merchant at the

disclosure date and the schedule.

The credit card contract governs the operation of the

account and the use of a card. The schedule and HSBC’s

Visa Credit Card Conditions of Use detail the respective

rights and obligations for yourself, users and HSBC Bank

Australia Limited, and offers guidance on the proper and

safe use of cards and electronic banking services.

You may obtain general descriptive information on our

services and procedures by requesting a copy of the booklet

“Your personal banking guide” at any of our branches.

Information on current interest rates, our fees and charges

and government charges is available on our website,

www.hsbc.com.au or by calling 132 152.

We strongly recommend that you and any additional cardholder read this booklet carefully and retain it for future reference.

If you do not understand any part of this booklet, please contact us on 132 152. We will be happy to explain any matter to you.

2

Table of contents

Conditions of Use

1 Meaning of words 4

2 Activating your card and agreeing to these Conditions of Use 9

3 Application of codes of practice 10

4 Privacy 10

5 Additional cardholders 11

6 Cards 12

7 Linked accounts 13

8 Security of access methods 13

9 Reporting lost or stolen cards, unauthorised use of a card or breach of PIN security 16

10 Using the card 16

11 How we process transactions if the card is used outside Australia 19

12 Using an EFT terminal 20

13 Liability for unauthorised EFT transactions 20

14 Liability for other unauthorised transactions 23

15 Electronic banking system malfunction 23

16 Resolving disputes 24

17 Cancellation and return of the card 26

18 Payment on cancellation 26

19 Changes 27

20 Limits 28

21 Annual percentage rates and interest charges 30

22 What you must pay 33

23 Fees and charges 34

24 Using your account 36

25 Using the Credit Cards Phone Banking or Credit Cards Online services provided by us 37

26 What happens if you breach this contract 37

27 BPay® payments 38

28 Consequential Damage and Indemnity BPay® Scheme 40

29 Chargeback Information 41

30 Commissions 42

31 If we take security over your deposit with 42

32 Special promotions 42

33 General matters 43

Form 5 Information Statement 47

Things you should know about your

proposed credit contract 47

The contract 47

Insurance 49

General 51

Direct Debit Request Service Agreement 53

Preamble 53

Definitions 53

1 Debiting your account 54

2 Changes by us 54

3 Changes by you 54

4 Your obligations 55

5 Disputes 55

6 Accounts 56

7 Confidentiality and privacy 56

8 Notice 57

Privacy Consent and Declaration 57

Schedule A: Collection and Disclosure of

Customer Information 64

4

Credit Card Conditions of Use

1 Meaning of words

access method means a method that we make

available to users and accept as authority to act on an

instruction given through electronic equipment.

A reference to an access method includes a reference

to each of its individual components and includes,

but is not limited to, a card, identifier, memorable

word, PIN or an identification reference or any

combination of these. It does not include a method

where a manual signature is the principal intended

means of verifying the authority to give the

instruction.

account means an account established in your name

for recording all transactions in connection with this

contract.

additional cardholder means a person to whom a

card is issued under condition 5.

annual percentage rate means a per annum rate of interest.

ATM means an automatic teller machine.

biller means an organisation which tells users that

payments can be made to it through the BPay®

scheme.

balance transfer means an amount debited to your

account on account of your application to us to

effect such transaction, or any other amounts that we

should so classify.

BPay® means the electronic payment service

provided by BPay Pty Ltd ABN 69 079 137 518.

BPay® payment means a payment we are instructed

to make on behalf of a user to a biller through the

BPay® scheme.

BPay® scheme means an electronic payments

scheme through which a user can ask us, while we

remain a member of the scheme, to make payments

on the user’s behalf to billers. We will tell you if we

cease to be a member of the scheme.

business day means a day that is not:

(a) a Saturday or Sunday; or

(b) a public holiday, special holiday or bank holiday

in any Australian State or Territory.

card means any credit card HSBC issues to you or

an additional cardholder for use on your account.

Each issued card will be distinguishable from each

other.

card number means the unique number assigned by

HSBC to each card and which shall be recorded on

that card.

card scheme means Visa International Service

Association (Visa) or MasterCard International

Incorporated (MasterCard) as is determined by

reference to the card facility maintained by you.

cash advance means:

(a) each amount of cash supplied by use of a card

on your account or by any other operation of

your account;

(b) each payment made by a user to a person who

does not accept or is not entitled to accept

credit payments from your account or states

that any payment to them will be processed as

a cash advance or if you are using your card

for gambling purposes or to purchase a cash

substitute, and

to any other account you have with us or any

other person (for instance, to effect a balance

transfer).

closing balance means the unpaid balance of your

account on the last day of a statement period which

is described as such in the statement of account for

that statement period.

credit limit is the amount described as such in the schedule.

customer information means any information about

you or an additional cardholder that is provided to,

or obtained by us, including credit information and

confidential information.

daily percentage rate means the annual percentage

rate divided by 365.

deposit balance means, at any time, the excess of

all amounts credited over all amounts debited to

your account at that time. When this amount is to be

calculated at the end of a day, it includes all debits

and credits assigned to that day.

due date means, in relation to a statement of

account, the date shown as such on the statement of

account.

EFT terminal means any terminal connected to

the electronic banking system and provided by or

on behalf of us or any third party to conduct EFT

transactions on your account and includes, but is

not limited to, an ATM, PINpad and EFTPOS.

EFT transaction means a funds transfer initiated by

a user through electronic equipment using an access

method.

EFTPOS means a point of sale electronic banking

facility.

electronic communication means a message we

transmit to a user and the user receives from us

electronically, in a form that the user can retain for

later reference such as by printing or by storing for

later display or listening.

electronic equipment includes, but is not limited

to, a computer, television, telephone and an EFT

terminal.

group means HSBC and all related bodies corporate.

GST means a tax payable under the GST law, as

defined in A New Tax System (Goods and Services

Tax) Act 1999 (Cth).

identification reference means the:

(a) personal identification number or word provided

by us to a user;

(b) personal identification number or word provided

selected by a user,

and which is used in conjunction with the Credit

Cards Phone Banking or Credit Cards Online

services from time to time.

identifier means information which is provided to

access your account using electronic equipment and

which is not required to be kept secret. An identifier

includes, but is not limited to, the card number and

expiry date.

linked account means an account you have with us

which is linked to a card under condition 7.1.

loan agreement is the agreement between you and

us for the provision of credit on the terms set out in

the schedule, these Conditions of Use; and any sales

voucher provided to you at the disclosure date; and as

amended from time to time and has the same meaning

as “credit contract”, “contract” and “credit card

contract”.

memorable word means the word chosen by a user

in response to a predetermined question (or set of

questions) and which is used in conjunction with the

Credit Cards Phone Banking or Credit Cards Online

services from time to time.

merchant means a retailer or other provider of

goods or services.

opening balance means the unpaid balance of your

account on the first day of a statement period which

is described as such in the statement of account for

that statement period. Your opening balance will be

equivalent to the closing balance of the statement of

account issued to you in the immediately proceeding

period.

overseas transaction charge means a fee charged

by HSBC in respect of any transaction you make

on your account in a currency other than Australian

dollars, or a transaction made on your account in

any currency (including AUD) that is processed by

the card scheme or billed by the merchant outside of

Australia in accordance with condition 11.1.

person includes an individual, a firm, a body

corporate, an unincorporated association or an

authority.

PIN means a personal identification number or word

(either provided by HSBC or selected by a user) which

is used in conjunction with a card and electronic

equipment.

PINpad means an electronic device which allows

users to identify themselves using the PIN

rather than their signature or another form of

identification.

purchase means each amount charged by the supplier

for the supply of any goods or services purchased by:

(a) the use of a card on your account; or

(b) any other operation of your account.

regular payment includes regular direct debits, regular

recurring payments and instalment payments from a

credit card. Instalment payments are regular payments

over a set period of time.

sales voucher means the document provided to you by

a merchant at the time of a purchase recording details

of the purchase. You may authorise transactions by

signing a sales voucher.

schedule means either:

●● the schedule that is set out in the letter we sent

you advising of our approval of your application

for

the card; or

●● the schedule provided to you by a merchant on

the disclosure date and signed by you; or

●● the schedule attached to this booklet that has

been completed by a merchant.

service(s) means those actions we take, or may take,

on your behalf in order to ensure that you properly

maintain your account including but not limited to

those actions we take for you in the event you require

assistance with the maintenance of your account.

special promotion means merchant promotions

and other promotions identified by us as special

promotions.

special promotion period means a specific period

during which a special promotion rate will be

available for a special promotion.

special promotion rate means an annual percentage

rate, which we have notified you will apply to

purchases and other transactions which are subject

to a special promotion during a specified period,

divided by 365.

statement period means the dates shown on each of

the statements of account that are provided to you by us.

suspend(ed) means where we temporarily cancel a

users ability to use a card or access the account.

tax means any tax, levy, excise, duty, stamp duty,

charge, surcharge, contribution, withholding or

impost of whatever nature, whether direct or

indirect, by whatever method assessed, collected

or recovered, together with any penalties, fines and interest.

third party/ies means a retailer or other provider of

goods and services.

total amount owing means, at any time, the unpaid

balance at that time, plus all accrued interest

charges and other amounts which you must pay

under this contract but which have not been debited

to your account at that time.

transaction means a purchase, a cash advance or a

balance transfer.

unpaid balance means, at any time, the excess of

all amounts debited over all amounts credited to

your account at that time. When this amount is to be

calculated for the end of a day, it includes all debits

and credits assigned to that day.

unpaid special promotion balance means the amount

determined by adding together the unpaid balances

for any debits and credits, which are subject to the

same category of special promotion during a special

promotion period.

user means you and any additional cardholder who

you have nominated and we have authorised for the

purpose of operating your account alone.

we, us, our means HSBC Bank Australia Limited

ABN 48 006 434 162 and its successors and assigns.

you or your means the person named as “Borrower”

in the schedule.

The singular includes the plural and vice versa.

2 Activating your card and agreeing to these

Conditions of Use

2.1 You (as primary cardholder) must activate your

account. This can be effected by any of the following:

(a) our agreeing to your request to process a

transaction to your account;

(b) activation of a card in accordance with the

instructions we provide for its activation; or

a card or an identifier to conduct a transaction in

accordance with a special promotion constitutes

a user’s acceptance of these conditions of use

together with acceptance of any particular terms

and conditions of that special promotion which

are otherwise communicated to the user).

2.2 You accept our offer for the account and agree to the

terms of the credit card contract by:

(a) if the schedule makes provision for your signature

on the schedule, signing the schedule; or

(b) if the schedule does not make provision for your

signature on the schedule, activating your account.

2.3 If you do not agree with the terms of the account, do

not:

(a) (if the schedule makes provision for your

signature) sign the schedule;

(b) activate your account;

(d) allow any additional cardholder to use

a card.

Instead, return all cards to us (cut in half for your protection).

2.4 In instructing us to provide an additional cardholder

with a card, you warrant to us that you will provide

that additional cardholder with a copy of these

conditions of use and any updates we make to them

that are communicated to you.

2.5 If you are a HSBC Premier MasterCard holder, your

HSBC Premier MasterCard has additional eligibility

criteria to which you agree to be bound. Details of

these requirements can be found on our website

www.hsbc.com.au or by contacting your HSBC

Premier Relationship Manager.

3 Application of codes of practice

3.1 We warrant that we will comply with the requirements

of the ePayments Code, where those requirements

apply to your dealings with us.

3.2 The relevant provisions of the Code of Banking

Practice apply to this contract. You may obtain on

your request general information on:

(a) account opening procedures;

(b) our confidentiality obligations;

(d) combining accounts;

(e) bank cheques;

(f) the advisability of reading the relevant terms

and conditions and of informing us if you are in

financial difficulty;

(g) cheques and cheque clearing; and

(h) current interest rates, fees and charges.

4 Privacy

4.1 We collect, use and disclose your personal

information in accordance with the Privacy Statement

which forms part of these conditions of use and which

may be amended from time to time in accordance

with the provisions of this contract.

4.2 By signing your card, or otherwise activating your

account, you acknowledged that you have read the

Privacy Statement, and understand that we will use

and disclose your personal information in accordance

with its provisions.

4.3 We may make changes to the Privacy Statement

by giving notice to you of the time after which any

transaction initiated by a user on your account will

be taken to be your acceptance of those changes

to this credit card contract. By undertaking such

transactions you acknowledged that you have read

the revised Privacy Statement, and understand that

we will use and disclose your personal information

in accordance with its provisions.

4.4 We are bound by the Australian Privacy Principles

of the Privacy Act 1988 (Cth) in respect of personal

information we may hold at any time about an

individual. We collect personal information in order

to provide our products and services and may use and

disclose personal information in accordance with our

by you when you applied for the card.

4.5 As permitted by law, all customer information will

(whether within or outside Australia) be used,

stored, disclosed, transferred, obtained and/or

exchanged with all such persons as we may consider

necessary, including any member of the group or a

third party and for purposes including the processing

of data and transactions by us and to facilitate the

storing of customer information within a group

member’s systems (where those systems may be

located outside Australia and owned by another

group member) and to aid in our or a group member’s

compliance, with anti-money laundering and counterterrorist

financing laws in Australia or any other

country or with disclosure requirements under any

law binding on us.

4.6 Whether it is used, stored or processed in Australia or

elsewhere, the customer information will be protected

by strict confidentiality and security, which all group

members, their staff and any third parties are subject

to and will only be used in accordance with our

instructions unless otherwise required or allowed

by law or any governmental or regulatory agency or

authority or for the purpose of preventing or detecting

fraud.

4.7 Users can access the information we hold about

them at any time by contacting us. A fee may apply.

We will comply with requests for access unless we

are required to refuse to do so under any applicable

laws or regulations.

4.8 To find out more about our handling of personal

information, please refer to our privacy policy

which is available on our website at www.hsbc.

com.au or

upon request.

4.9 Members of the HSBC Group would like to contact

you from time to time with various product offers

and special promotions. This may happen via mail,

email, telephone or short message service (SMS). If

you do not wish to receive this information, you may

tell us by telephoning us on 1300 308 008 or writing

to us at HSBC Bank Australia Limited, Marketing

Department, GPO Box 5302, Sydney, NSW, 2001.

5 Additional cardholders

5.1 We may allow, up to a maximum number that we

determine, any person nominated by you who is

at least 16 years of age (or as otherwise agreed

from time to time) to operate your account and we

may issue a card, PIN and identification reference

to such a person for that purpose. However,

we may only allow an additional cardholder to

operate your account if we have received in a

form, and in the manner, satisfactory to us any

document or information, including any document

which identifies the additional cardholder, as we

reasonably require.

5.2 An additional cardholder must protect their access

method in the same way as this contract requires

you to protect your access method.

5.3 An additional cardholder’s access to, and operation

of your account is governed by the relevant

provisions of this contract. You should ensure that

any additional cardholder has read and understood

and complies with this contract. If any additional

cardholder does not comply with this contract, you

will be in breach of this contract.

5.4 An additional cardholder is able to use a card on,

and otherwise operate your account in every way

available to you and you consent to such use of your

account.

5.5 You are liable to pay for any use of your account

by an additional cardholder as if your account had

been used by you.

5.6 An additional cardholder’s right to use your

account will be withdrawn from when we receive

notification in writing that you want this to

occur and either, a card issued to that additional

cardholder has been returned (cut in half for your

protection), or you have taken all reasonable steps

to ensure that a card issued to that additional

cardholder has been returned to us. You will not be

liable for any transactions using that card or card

number after these events have occurred.

5.7 Unless you otherwise inform us in writing, the

additional cardholder is able to access any

information about your account.

6 Cards

6.1 Each card is for the sole use of the person named

on it and is only valid from the “valid from” date to

the “until end” date shown on it.

6.2 Each card remains our property.

6.3 We may issue replacement cards at any time.

6.4 All cards are subject to this contract.

13

7 Linked accounts

7.1 We may allow you to link a card to other accounts you

have with us for the purposes of operating those

accounts.

7.2 This contract is in addition to and does not replace

the terms and conditions for any linked account.

7.3 If you link a credit account to a card, users may

be able to use the access method to access the full

credit limit of that account. You should be aware

that you increase the possible risk of loss for which

you could be liable should an access method be used

without a user’s knowledge and consent.

8 Security of access methods

8.1 The security of the card, identification reference,

memorable word and PIN is very important as their

use by any person provides access to your account.

Users must take care to ensure that their card,

indentification reference, memorable word and PIN

record are not misused, lost or stolen and that they

do not become known to anyone else.

8.2 This clause contains guidelines which should be

followed by each user to ensure the security of the

access method. These guidelines provide examples

of security measures only and will not determine

your liability for losses resulting from unauthorised

EFT transactions on your account. Liability for

unauthorised EFT transactions will be determined

in accordance with condition 13 and the ePayments

Code.

Security Guidelines

8.3 To protect the card a user should:

(a) sign the card as soon as it is received;

(b) carry the card whenever possible;

check regularly to ensure it has not been lost or

stolen;

(d) when an EFT transaction is complete, remember

to take the card and any receipt; and

(e) do not permit any other person to use the card.

To protect the identification reference a user should:

(a) not tell or give the identification reference to

anyone, and

(b) take care to prevent anyone seeing the

identification reference when entering it at

electronic equipment.

To protect the PIN a user should:

(a) memorise the PIN when it is received. Once

memorised, destroy our notification of the PIN.

If a user forgets the PIN, they may apply to us

for it to be reissued;

(b) if we allow users to select or change a PIN,

users should not select a PIN which represents a

name, birth date, telephone number or anything

else which could be associated with them;

which it can be determined by another person;

(d) do not record the PIN on the card;

(e) do not record the PIN with the card number;

(f) do not record the PIN on any article normally

carried with or kept near a card and which is

liable to loss or theft with the card without

making a reasonable attempt to disguise the PIN;

(g) do not record the PIN on electronic equipment

or related articles without making a reasonable

attempt to disguise the PIN or prevent

unauthorised access to the record;

(h) do not disclose the PIN or allow it to be seen by

any person (including a family member, friend

or a member of our staff);

(i) be ready to use the PIN and card when at

electronic equipment;

(j) use care to prevent anyone else seeing the PIN

being entered at an EFT terminal, including by

watching out for mirrors, security cameras or other

means which might enable other people to see the

PIN being entered, and by shielding the PIN when

it is entered;

(k) check that the correct amount is entered before

authorising a transaction; and

(l) if it is suspected that someone else may know

the PIN, contact us immediately to request the

issue of a new PIN and card.

To protect the memorable word a user should:

(a) not tell or give the memorable word to anyone,

and

(b) take care to prevent anyone seeing the

memorable word when entering it at electronic

equipment.

8.4 If a memory aid is required to recall the memorable

word or PIN such a record may be made provided

the record is reasonably disguised. Examples which

we do not consider provide a reasonable disguise are:

(a) recording the memorable word or PIN as a series

of numbers with any of them marked, circled or

highlighted to indicate the memorable word or

PIN;

(b) recording the memorable word or PIN with

surrounding information which makes it stand

out from its context;

of digits in isolation from other information

unless the context provides adequate disguise;

(d) recording the disguised memorable word or PIN

on the card; and

(e) disguising the memorable word or PIN by

reversing the number sequence;

(f) describing the disguised record as a ‘memorable

word or PIN record’ or similar;

(g) disguising the memorable word or PIN using

alphabetical characters or numbers eg. A = 1, B

= 2, C = 3, etc, or in any other easily understood

code;

(h) if we allow users to select or change the PIN,

selecting or disguising the PIN using any of

the following combinations (or parts of them),

with the PIN in its correct sequence within the

combination:

●● dates of birth;

●● personal telephone numbers;

●● car registration numbers;

●● family members’ names;

●● social security numbers; or

●● licence numbers;

(i) recording the PIN as a:

●● birth date;

●● postcode; or

●● telephone number,

without additional features of disguise; or

(j) storing the memorable word or PIN in any low

security electronic device of any kind, such as

(but not limited to):

●● calculators;

●● personal computers; or

●● electronic organisers.

There may be other forms of disguise which may be

similarly unsuitable because of the ease with which

another person may discern the memorable word or PIN.

8.5 Users must exercise extreme care if a memory aid is

recorded for the PIN.

9 Reporting lost or stolen cards,

unauthorised use of a card or breach of

PIN security

9.1 Users must notify us immediately if a card is lost,

stolen or misused, if the PIN is known to someone

else or if a transaction is suspected to have been

made on your account without a user’s authority.

9.2 Users may notify us in Australia by telephoning our

lost or stolen cards number on 1800 029 951 (24

hours).

If overseas, users should notify us by telephoning

61 2 9005 8511 (reverse charges). These numbers

are available 24 hours.

9.3 Users will need to give us all relevant information

they may have, so that we can suspend a user’s

card access to your account. Users must confirm in

writing any notice given to us by telephone.

9.4 When the matter is reported users will be

given a notification number (or other form of

acknowledgment). That number or other form of

acknowledgment should be retained as confirmation

of the date and time of the report.

9.5 If for any reason the above facilities are unavailable

and this prevents notification, you will not be liable for

any unauthorised EFT transaction which could have

been prevented during this period if the user had been

able to telephone us, provided we are notified within

a reasonable time of the telephone number becoming

available again.

9.6 If a user recovers a card that has been reported lost or

stolen, the card must not be used again. Instead, the

recovery should be reported to us or, where the user

is overseas, to any financial institution displaying the

Visa or MasterCard symbols.

The card should then be returned to us (cut in half

for your protection).

10 Using the card

Using the card to obtain goods and services

10.1 We have no control over the hours a merchant,

financial institution or our agents may be open for

business. The hours during which an EFT terminal

will be available may therefore vary in accordance

with their opening hours.

10.2 A card may not be accepted by merchants or financial

institutions who are not members of, or participants in

the applicable card scheme for your credit card.

10.3 Some transactions need authorisation from us. We

may choose not to authorise a proposed transaction.

10.4 Once authorisation for a transaction is obtained, it

will reduce the amount of available funds in your

account. If the transaction is not completed, the

amount of available funds in your account may

temporarily continue to be reduced by the amount

authorised.

10.5 Use of a card is an irrevocable order by a user to

us to process the transaction. We are unable to

alter or stop payment of a transaction prior to its

presentation for processing. However, if you dispute

a transaction in accordance with condition 16, we

may seek to obtain a refund for you under the rules

of the applicable card scheme for your credit card.

10.6 We are not responsible for goods or services

obtained by using the card, unless the law makes us

liable. Therefore, if a user has any complaints about

goods or services, they must be taken up with the

merchant.

10.7 You agree that the amounts shown on each sales

voucher where provided are sufficient evidence of

the cash price of the goods or services to which the

voucher relates.

At a merchant

10.8 The card can normally be used to obtain goods

and services at merchants (such as shops, vehicle

repairers, restaurants and theatres) in Australia and

overseas where the symbol applicable to your card

scheme is displayed.

10.9 The fact that card promotional material or your

card scheme is displayed at a merchant’s premises

cannot be taken as a warranty by the merchant or a

guarantee by us that all goods and services available

there may be obtained by using the card. We are

not responsible if a merchant refuses to accept or

honour the card, does not allow cash withdrawals or

places other limitations on using the card.

10.10 Users must check that the correct amount appears

in the “total” box on a voucher before signing a

voucher.

Through mail order, telephone, the internet or

other means

10.11 Users can use the card to obtain goods and services

through mail order, by telephone, over the internet

and by other means accepted by us from time to

time, where the merchant accepts that form of

payment.

Using the card to obtain cash

10.12 Users may be able to obtain cash on your account

by presenting the card at a branch counter of a

financial institution.

10.13 When obtaining cash at a branch of a financial

institution, users may be required to produce

suitable identification which identifies the holder of

the card (such as photographic driver’s licence or

passport).

10.14 Users may also be able to obtain cash with the card

from any ATM or from any financial institution

branch throughout the world displaying the symbol

applicable to your card scheme.

10.15 We do not warrant that ATMs will always have

money available.

10.16 The minimum and maximum amount of cash which

can be obtained using the card may vary depending

at which financial institution the card is used.

10.17 Some merchants who have EFT terminals may also

allow users to withdraw cash from your account at

the same time as the user pays for goods or services.

10.18 A fee will apply where a user obtains cash on your

account by presenting the card. The fee is disclosed

in the schedule.

Regular Payment Arrangements

10.19 You are encouraged to maintain a record of any

regular payment arrangement you elect to enter into

with a third party.

10.20 To either change or cancel any regular payment

arrangement a cardholder should contact the third

party at least 15 days prior to the next scheduled

payment. Until the cardholder attempts to cancel

the regular payment arrangement HSBC must

accept the third party’s transaction. If possible the

cardholder should retain a copy of their change/

cancellation request. Should the third party fail to

act in accordance with these instructions you may

have rights to a Dispute.

10.21 Should your card number be changed i.e. as a result of

a lost or stolen card you must request the third party

to change the details of your existing regular payment

arrangement to ensure arrangements continue. If you

fail to undertake this activity your regular payment

arrangement either may not be honoured by the

financial institution or the third party may stop

providing the goods and/or services. This may incur

fees and charges.

Transfers

10.22 Should you elect to close your card account or your

account is closed by HSBC you should contact

the third party to revise your regular payment

arrangement as the third party may stop providing the

goods and/or services.

11 How we process transactions if the card is

used outside Australia

11.1 The way transaction amounts are converted to

Australian dollars is determined by the applicable

card scheme for your card.

(a) For HSBC Visa credit cards, transactions

made overseas are converted from the currency

of the transaction to the Australian dollar

equivalent as at the date they are processed by

Visa International Service Association at rates

determined by them.

(b) For HSBC MasterCard credit cards, transactions

made overseas in currencies other than United

States dollars are converted into United

States dollars before being converted into the

Australian dollar equivalent as at the date they

are processed by MasterCard International

Incorporated at rates determined by them.

11.2 Any statement entries for transactions made in a

foreign currency include the following components:

(i) the foreign currency transaction amount;

(ii) the Australian dollar transaction equivalent;

and

(iii) an overseas transaction charge charged

to you and which is a percentage of the

Australian dollar transaction amount.

11.3 Any statement entries for transactions made in any

currency (including AUD) that is processed by the

card scheme or billed by the merchant outside of

Australia will include the following components:

(i) the transaction amount;

(ii) where the transaction has been processed in

a currency other than AUD, the Australian

dollar transaction equivalent; and

(iii) an overseas transaction charge charged

to you and which is a percentage of the

Australian dollar transaction amount.

20

12 Using an EFT Terminal

12.1 When a card is used (with or without the PIN) at

an EFT terminal, you authorise us to act on the

instructions entered into the EFT terminal.

12.2 If it is not possible to carry out the instructions

given at an EFT terminal on your account, the

transaction will not be accepted.

12.3 Money is at your risk from when it becomes visible

or available to a user at an ATM.

13 Liability for unauthorised EFT

Transactions

13.1 This clause deals with your liability for EFT

transactions on your account which are not

authorised by a user. It does not apply to any

transaction carried out by a user or by anyone else

who does so with a user’s knowledge and consent.

Authorised transactions

13.2 You are liable for all EFT transactions carried out

in respect of your account with the knowledge and

consent of a user.

Circumstances where you will not be liable

13.3 You are not liable for any loss caused by an

unauthorised EFT transaction:

(a) occurring before the user has received the card,

PIN or identification reference and memorable

word which forms part of their access method;

(b) occurring after notification to us that a card

has been misused, lost or stolen or that PIN or

identification reference and memorable word

security has been breached;

access method;

(d) resulting from the fraudulent or negligent

conduct of our employees, our agents,

companies involved in networking arrangements

or merchants who are linked to the electronic

funds transfer system or their employees or

agents;

(e) where it is clear that the user has not contributed

to such loss;

(f) due to the same transaction being incorrectly

debited to your account more than once; or

(g) where the transaction can be made using an

identifier without a PIN or card. Where a

transaction can be made using a card, or a card

and an identifier, but does not require a PIN,

you will be liable only if the user unreasonably

delays reporting the loss or theft of the card.

Circumstances where you will be liable

13.4 Where we prove on the balance of probabilities

that a user has contributed to losses in respect of

an account resulting from an unauthorised EFT

transaction by:

(a) the user’s fraud;

(b) voluntarily disclosing the PIN or identification

reference and memorable word to anyone,

including a family member or friend;

reference and memorable word on the card;

(d) keeping a record of the PIN or identification

reference and memorable word with any article

or articles carried with the card or which might

be lost or stolen with the card, without taking

reasonable steps to carefully disguise the PIN or

identification reference and memorable word or

prevent unauthorised access to that record;

(e) where the access method comprises a PIN or

identification reference and memorable word

without a card, keeping a record of the PIN or

identification reference and memorable word on

the one article or on several articles which might

be lost or stolen simultaneously, without taking

reasonable steps to carefully disguise the PIN or

identification reference and memorable word or

to prevent unauthorised access to that record;

(f) if we allow the user to select or change the PIN

or identification reference and memorable word,

selecting a PIN or identification reference and

memorable word which represents the user’s

birthday or a recognisable part of the user’s name;

(g) acting with extreme carelessness in failing to

protect the security of the PIN or identification

reference and memorable word, you will be

liable for the losses which occur before we are

notified of the unauthorised use, loss or theft

of the card or breach of PIN or identification

reference and memorable word security, or by:

(h) unreasonably delaying notification to us of the

unauthorised use, loss or theft of the card or the

PIN or identification reference and memorable

word becoming known to someone else, you

will be liable for the loss occurring between

when the user became aware of the loss, theft

or unauthorised use (or should reasonably have

become aware in the case of a lost or stolen card)

and when we were actually notified.

However, in all cases you will not be liable for:

(a) that portion of the losses incurred on any one

day which exceeds the daily transaction limit

applicable to the use of the card or account;

(b) that portion of the losses incurred in a period

which exceeds any other periodic transaction

limit applicable to that period;

account which exceeds the balance of that

account including any prearranged credit;

(d) losses incurred on any accounts which you had

not agreed with us could be accessed using the

card and PIN or identification reference and

memorable word; or

(e) losses that would exceed the amount of your

liability had we exercised our rights (if any)

under the rules of the applicable card scheme

against other parties to that scheme.

13.5 Where more than one PIN is required to perform a

transaction and HSBC proves that a user breached

the security requirements in clause 8 for one or

more, but not all, of the required PINs, you are

liable under clause 13.4 only if HSBC also proves

on the balance of probability that the breach of the

security requirements in clause 8 was more than

50% responsible for the losses, when assessed

together with all the contributing causes.

13.6 Effective from 29 March 2013, you are liable

for losses arising from unauthorised transactions

that occur because a user contributed to losses by

leaving a card in an ATM, except where the ATM

did not contain reasonable safety standards that

would mitigate the risk of a card being left in the ATM.

13.7 If the PIN or identification reference and

memorable word is required to perform the

unauthorised EFT transaction and condition 13.4

does not apply, your liability for loss arising from

an unauthorised EFT transaction on your account,

if the loss occurs before we are notified of the

unauthorised use, loss or theft of the card or breach

of PIN or identification reference and memorable

word security, is the lesser of:

(a) $150, or a lower figure determined by HSBC;

(b) the balance (including any prearranged credit)

of the account or the linked account from

which value was transferred in the unauthorised

transaction;

the unauthorised use, loss or theft of the card,

or of the PIN or identification reference and

memorable word becoming known to someone

else, (except that portion of the loss incurred on

any one day that exceeds any applicable daily or

other periodic transaction limit); or

(d) the amount of your liability had we exercised our

rights (if any) under the rules of the applicable

card scheme against other parties to that scheme.

13.8 Notwithstanding any of the provisions contained in

this clause, your liability will not exceed your liability

under the ePayments Code.

14 Liability for other unauthorised

transactions

If, in cases not involving EFT transactions, a card is

used without a user’s authority, you are liable for the

actual loss arising from the unauthorised transaction(s)

before we are notified of the unauthorised use (except

that portion of the loss incurred on any one day

which exceeds any applicable daily or other periodic

transaction limit) less any amount recovered by us in

the exercise of our rights (if any) under the rules of

the applicable card scheme against other parties to that

scheme.

15 Electronic banking system malfunction

Alternative procedure

15.1 If the electronic banking system malfunctions,

alternative manual procedures may be available from

the merchant for retail point of sale transactions by

using the card and signing a user’s authorisation of

the transaction.

Liability

15.2 We will make all reasonable efforts to ensure that the

electronic equipment or system provided by or on

behalf of us is operational and is functioning correctly.

We are not liable to you if that electronic equipment or

system does not accept a user’s instructions, or if an

access method fails to operate the electronic equipment

or system.

If the electronic equipment or system provided by

or on behalf of us accepts a user’s instructions,

we are liable for any loss caused if that electronic

equipment or system fails to complete the

transaction in accordance with those instructions.

If the user should have been aware that the

electronic equipment or system was unavailable

for use or not functioning correctly, our liability

is limited to correcting errors in your account and

refunding any charges or fees charged as a result.

16 Resolving disputes

IMPORTANT NOTICE

16.1 If a user has a complaint concerning matters

relating to the use of a card, including a disputed,

unauthorised or irregular transaction (including

telephone and internet transactions) or if a user

believes there is an error on an account statement,

the user must tell us immediately and no later than

30 days after the date of the account statement

by telephoning 132 152 or contacting their HSBC

branch. We may decide to resolve the complaint

under the rules of applicable card scheme. If we

do so, resolution of the complaint will be governed

by the time limits imposed by those rules and if

a user delays notifying us of any apparent error,

our ability to investigate and resolve the complaint

may be restricted or lost. For this reason

users must report any suspected unauthorised

transaction to us as soon as possible and no

later than 30 days after the date of the account

statement.

16.2 If we are unable to resolve the matter immediately

to the user’s satisfaction, the user should notify

us in writing of their complaint. We may ask the

user to provide further details of the complaint,

including information concerning each transaction

the user wishes to query. When we receive this

advice we will inform the user in writing of our

procedures to handle and investigate the matter.

16.3 Within 21 days after receiving the relevant details

of the complaint from the user, we will advise

the user in writing of either the outcome of our

investigation or our need for more time to complete

our investigation. In all but exceptional cases (of

which we will advise the user in writing) we should

complete our investigation within 45 days of

receiving the complaint.

16.4 Subject to condition 16.5, where an investigation

continues beyond 45 days, we will write to the user

and inform them of the reasons for the delay and

provide the user with monthly updates on the progress

of our investigation and a date when a decision can be

reasonably expected, except where we are awaiting a

response from the user and we have advised the user

of this fact.

16.5 If we resolve the complaint by exercising our rights

under the rules of the respective card scheme we

will:

(a) apply the time limits under those rules to

condition 16.3;

(b) comply with condition 16.4 as if the reference

to “45 days” read “60 days” and the reference

to “monthly updates” read “updates every two

months”;

can be reasonably expected; and

(d) suspend your obligation to pay any amount which

is the subject of the complaint or any credit or

other charges related to that amount until the

complaint has been resolved. Your obligation to

pay any such amount or charges will be reinstated

if the complaint is not resolved in the user’s

favour.

Please note that although we are a member of the

card schemes, we cannot automatically exercise our

rights under these schemes. A disputed transaction

must fall within a specific category before we can

exercise our rights in respect of that transaction.

Even if we can exercise our rights, there is no

guarantee that our claim will be accepted, as the

merchant’s bank may dispute our claim.

16.6 We will advise the user in writing of the right to

take a matter to an external dispute resolution

scheme if the matter may be heard by that scheme

where we have not given the user a final decision on

the matter within 5 days of that right arising.

16.7 When we complete our investigation we will advise

the user in writing of the outcome, the reasons for

our decision with reference to any relevant provisions

of the ePayments Code as reflected in this contract,

and any further action the user can take in respect

of the complaint. If the user is not satisfied with our

decision, they may wish to take the matter further.

The user may, for instance, request a review of

the decision by our senior management or by the

Australian Banking Industry Ombudsman. We will

advise the user of any such options and of other

avenues of dispute resolution that are available at the

time.

16.8 If we decide that your account has been incorrectly

debited or credited, we will promptly adjust your

account (including appropriate adjustments for any

interest and any fees and charges) and tell you in

writing of the amount which has been debited or

credited to your account as a result.

16.9 If we decide that you are liable for all or part of

the disputed transaction, we will provide you

with copies of any document or other evidence on

which we based our decision and also advise you

in writing if there was any system or equipment

malfunction at the time of the transaction.

16.10 If we fail to observe the appropriate procedures for

complaint investigation and resolution, allocation

of liability and communication of the reasons for

our decision set out in this contract and such failure

prejudices the outcome of our investigation of the

complaint or results in unreasonable delay in its

resolution, we may be liable for part or all of the

amount of the transaction which is the subject of the

complaint.

17 Cancellation, Suspension, and Return of the

Card

17.1 We may, at any time without prior notice, cancel or

suspend a card, ask for the return of a card, retain

a card presented to us or another person, close or

suspend your account, or otherwise cancel access to

your account.

17.2 A card or account must not be used after we have

notified you of our actions contemplated in condition

17.1, and when we give you such notice of those

actions you must return the card to us (cut in half for

your protection) or satisfy us that all cards have been

destroyed. You will be liable for any use of a card

until all cards are returned to us. Users must also

cancel any standing debit authorities in respect of that

account.

17.3 You must also return all cards (cut in half for your

protection) or satisfy us that all cards have been

destroyed if we request you to do so.

17.4 You may close your account at any time by telling

us in writing and returning all cards to us (cut in

half for your protection), or satisfying us that all

cards have

been destroyed.

18 Payment on cancellation

18.1 If you or we close your account, or if we cancel

access to your account, including by cancelling a

card, you must immediately:

(a) pay the total amount owing;

(b) pay any amounts debited at any time which are

incurred after the time of cancellation; and

account. Until notification is given you will be

liable for any further debits to your account.

18.2 You acknowledge that there is no agreement,

arrangement or understanding between you and

us that we may only demand repayment when a

particular event occurs or does not occur.

19 Changes

Right to change

19.1 Subject to the remainder of this condition 19, we

may at any time:

(a) change an annual percentage rate;

(b) change the amount, method of calculation,

frequency or time for payment of minimum

repayments; and

payment of a fee or charge or impose a new fee

or charge.

19.2 We may change any provision of this contract in

addition to those specifically mentioned.

Notification of change to an annual percentage rate

19.3 We will notify you of a change under condition

19.1(a) in writing or by advertisement in the

national or local media no later than the day the

change takes effect. If we advertise the change we

will give you details of the change before or when

the next statement of account is sent to you after the

change takes effect.

Notification of a change to repayments

19.4 We will notify you of a change under condition

19.1 (b) in writing no later than 20 days before the

change takes effect.

However, if the change reduces your obligations or

extends the time for payment under this contract, we

will give you details of the change as required by

law no later than the day on which the change takes

effect.

Notification of a change to a fee or charge and of

a new fee or charge

19.5 We will notify you of a change under condition

19.1(c):

(a) in the case of a change to the amount of a fee or

charge or a change to the frequency or time for

payment of a fee or charge – in writing or by

advertisement in the local or national media no

later than 20 days before the change and then by

giving you details of the change before or when

the next statement of account is sent to you after

the change takes effect; and

(b) in the case of the introduction of a new fee or

charge – in writing no later than 30 days before

the change takes effect.

However, if the change reduces your obligations or

extends the time for payment under this contract,

we will notify you by advertising in the national or

local media or write to you no later than the day on

which the change takes effect.

Notification of other changes

19.6 We will give you written notice of a change under

condition 19.2 (except an increase, cancellation or

reduction in a credit limit) no later than 30 days

before the change takes effect. However, if the

change reduces your obligations or extends the

time for payment under this contract or involves an

increase, a cancellation or a reduction in a credit

limit, we will provide you with details of the change

as required by law no later than the day on which

the change takes effect.

19.7 Despite condition 19.6, we may not give advance

notice when changes are necessitated by an

immediate need to restore or maintain security of

the system or of individual accounts.

20 Limits

Credit Limit

20.1 Subject to any transaction limits which we may

impose on your account, we make funds available

up to the credit limit.

20.2 You must not allow the unpaid balance to exceed

the credit limit unless we have consented in writing

or we otherwise authorise the transaction which

results in the unpaid balance exceeding the credit

limit. By authorizing a transaction which results in

your unpaid balance exceeding your credit limit, we

are temporarily increasing your credit limit. If the

credit limit is exceeded without our approval you

must immediately repay the excess. We need not ask

you for that

amount first.

20.3 You may ask us to permanently increase your credit

limit at any time. We are not required to agree to

any such request. We may only increase your credit

limit at your request or with your written consent.

However, we may reduce the credit limit or stop

providing further credit without your consent.

Unless you are in default, we will give you notice as

soon as practicable after we do so.

20.4 You may ask us to temporarily increase your credit

limit at any time. We are not required to agree

to any such request, this is a service we make

available to you so that you do not accidentally

embarrass yourself by inadvertently exceeding your

credit limit, however if we form the view that your

financial circumstances cannot justify a temporary

credit limit increase we will not increase your credit

limit. You can request a temporary increase of your

credit limit in one of two ways:

i. by way of a formal request, that is, you ask

us for and we agree to provide you with, an

increase to your credit limit before you authorise

any payments from your account that, would

cause your account to go over its credit limit; or

ii. by way of an informal request, that is, where

you authorise a payment to be made from your

account which, if made by us, would cause

your account to go over the credit limit without

having agreed with us in advance an increase

in your existing credit limit on your account to

cover such payment.

20.5 If we receive an informal request for a temporary

credit limit increase from you, we will consider

your request and if we agree to it, we will provide

you with an increase to your existing credit limit

to cover the purchase concerned. In return for

providing this Service to you, if we agree to your

informal request, an Over Limit Arrangement fee

may be charged. You will not be charged further

Over Limit Arrangement Fee(s) provided your

account does not go any further over its

credit limit.

20.6 We may not be able to grant every request you make

for a credit limit increase. Where we decline an

informal credit limit increase request we will not

charge an Over limit Arrangement Fee.

20.7 If we decide not to provide you with any further

credit:

(a) no further credit will be provided under this

credit card contract;

(b) your obligations under this credit card contract

will continue until you pay us the total amount

owing;

total amount owing;

(d) if we do not require you to pay us on demand

the total amount owing, statements of account

will continue to be issued until the total amount

owing has been paid in full, and you must

pay the minimum repayments set out in each

statement of account.

General Transaction Limits

20.8 We may impose either a permanent or temporary

maximum limit on the total amount of cash or value

users can obtain with

the card.

20.9 You agree that we have no obligation to inform

you of our intention to impose a temporary

maximum transaction limit (for instance because the

transactions appear to be suspicious or fraudulent)

on the total maximum amount of cash or value users

can obtain with the card.

20.10 Where we impose a permanent maximum limit on

the total amount of cash or value users can obtain

with the card we will inform you of that limit.

The limit may operate for a period such as a daily

transaction limit.

20.11 Merchants, our agents and other financial

institutions may impose their own restrictions on

the amount of cash or value users can obtain with a

card.

20.12 In addition to any other transactional limits, we may

impose a maximum limit on the total maximum

amount of cash or value users can obtain with the

card on any one day. For this purpose each day ends

at midnight. Currently the maximum daily limit

is $1,000 per account. We will notify you of any

changes to that limit in accordance with this credit

card contract.

21 Annual percentage rates and interest charges

21.1 The annual percentage rate applicable to your

account is shown in the schedule or as notified to

you in accordance with this loan agreement.

Interest free days on purchases

21.2 If the schedule indicates that an interest free period

applies to your account, then we do not charge

interest on a purchase that is listed on a statement of

account if:

(a) the opening balance of that statement is zero

(excluding the amount of any purchases made

under a special promotion); and

(b) you pay the closing balance (excluding the

amount of any purchases made under a

special promotion, but only during the special

promotion period) of that statement of account

in full by the due date shown and you paid the

closing balance (excluding the amount of any

purchases made under a special promotion, but

only during the special promotion period) of the

previous statement of account in full by the due

date shown on that statement; and

as a balance transfer.

However, if you do not pay the closing balance

(excluding the amount of any purchases made under

a special promotion, but only during the special

promotion period) by the due date, then we charge

interest on the outstanding amount of each purchase

from:

●● the date of the purchase, as shown on your

statement of account if the date of the purchase

was after the start date of the statement period to

which the statement of account relates ; or

●● the first date of the statement period of the

statement of account if the date on which you

made the purchase was before the start of the

statement period to which the statement of

account relates,

until the closing balance of that statement of

account and any subsequent statement of account is

repaid in full by the due date.

No interest free days on purchases

21.3 If the schedule indicates that an interest free period

does not apply to your account, then we charge

interest on a purchase from:

(a) the date of the purchase, as shown on your

statement of account if the date of the purchase

was after the start date of the statement period to

which the statement of account relates; or

(b) the first date of the statement period of the

statement of account if the date on which you

made the purchase was before the start of the

statement period to which the statement of

account relates,

until the closing balance of that statement of account and any subsequent statement of account is repaid in full by the due date.

Cash advances

21.4 Interest is charged on a cash advance from:

(a) the date of the cash advance, as shown on your

statement of account if the date of the cash

advance was after the start date of the statement

period to which the statement of account relates;

(b) the first date of the statement period of the

statement of account if the date on which you

made the cash advance was before the start of

the statement period to which the statement of

account relates, until the cash advance is repaid

in full.

Interest calculations

21.5 The interest charge for each statement period is

calculated by:

(a) for each day in the statement period, applying

the daily percentage rate to:

(i) the unpaid balance for the end of that day

(excluding any cash advances which are

calculated in accordance with clause 21.4 and

where any purchases or other transactions

which are subject to a special promotion

while a special promotion rate applies or

to which condition 21.2 applies have been

excluded from the relevant unpaid balance);

and

(ii) the outstanding amount of any purchases on

which interest will be charged in accordance

with condition 21.2; and

(iii) adding any interest calculated during the

previous statement period, and for which

interest had not yet been debited, but

which becomes due in accordance with

condition 21.2; and

(b) for each day in the statement period, applying

the applicable special promotion rate to the

relevant unpaid special promotion balance for

the end of that day.

the applicable cash advance rate to the relevant

unpaid cash advances for the end of that day.

21.6 We debit interest charges to your account (which

increases the unpaid balance) on the last date of

the statement period each month (but the interest

charges are not included in the unpaid balance for

the calculation of interest on those days).

33

22 What you must pay

22.1 You must pay at least the minimum repayment set

out in each statement on or before the due date.

22.2 You may pay more or all of the closing balance if you

wish.

22.3 If there is an overdue amount shown on the

statement, you must immediately pay us that

amount. We need not ask you for that amount

first. This amount is in addition to your minimum

repayment.

How payments may be made

22.4 You may pay:

(a) at the location of any participating institution as

nominated by us;

(b) by direct debit from approved accounts;

portion of the statement to us;

(d) by Bpay®‚ through your participating financial

institution from your nominated savings or

cheque account; or

(e) by any other means as advised by us from time

to time.

Payments made to your account may not be credited

to your account on the day of lodgment. The

processing may take a number of days. You should

allow sufficient time for payments to be received

and processed by us before the due date.

22.5 You may not make payments in any other way.

Payments overseas are also not possible. However,

if you are overseas when a payment is due, you must

still ensure that any minimum repayment is made.

22.6 You must always pay us in Australian dollars. If we

agree to accept payment in another currency:

(a) your payment will be converted to Australian

dollars at our rates and will be credited to your

account; and

(b) you must pay any currency conversion fee

specified in the schedule.

22.7 Cheques and other non-cash payments deposited to

your account are not available to be drawn against

until cleared and paid.

22.8 If you wish to make payments by direct debit, you

must advise us in writing of your request authorising us

to debit payments from an account nominated by you.

In these circumstances, the Direct Debit Request Service

Agreement at the rear of these Conditions of Use

will apply.

22.9 If you make a payment by an EFT transaction, and we

identify a discrepancy between the amount recorded

by the electronic equipment or access method as

having been deposited and the amount received by

us, we will notify you of the difference as soon as

possible and advise you of the actual amount credited

to your account.

How we deal with payments

22.10 We will allocate your payments against that part

of the closing balance of the previous statement of

account which attracts the higher rate of interest and

remains payable to us. Where the closing balance

has been paid, we will allocate your payments to the

unpaid balance in this manner.

22.11 You may request us to allocate your payments in a

different way. In doing this, you may be liable to

pay an amount of interest that is more than what you

would ordinarily pay to us. We do not have to agree

to your request.

22.12 Where you have applied for HSBC Card Repayment

Protection Insurance with AIG Life:

(a) You authorise HSBC to debit from your account

any premium payable to AIG Life;

(b) Once you have made a claim and if AIG

notify HSBC that the claim is approved then

a temporary block will be put on your HSBC

Credit Card account until the end of the claim

period. The block will stop you from using your

HSBC Credit Card account. You will be unable

to make payments from your HSBC Credit Card

account during this period and you will have to

cancel any standing direct debit instructions paid

from your HSBC Credit Card account.

23 Fees and charges

Enforcement expenses may become payable under

this contract in the event of a breach.

General

23.1 (a) Other than Government Fees and Charges the

Fees and Charges we debit to your account from

time to time are debited by us for the provision,

to you, of a service. We will debit these Fees and

Charges in the event that we believe you require

us to provide a specific service in order to assist

you in better managing your account. These

services occur in the event that you fail to make

a payment pursuant to clause 22.1 or do so after

the due date, we will debit the amount of the late

payment reminder fee from your account and in

return we will monitor your account more closely

and a staff member may attempt to contact you to

bring this matter to your attention and assist you

by suggesting ways to make your future payments

on time or by suggesting you utilize a different

payment method. If you remedy the situation

before we are able to bring the late payment to

your attention we will still charge the fee and you

will be able to use this service any time before the

next due date; and

(b) These Fees and Charges for services will also

include the cost of what is charged to us by other

financial institutions, banks and service providers

who charge us for returning payments that you

attempt to make from your account, via the

payment systems that they own. We have little

control over the fees and charges charged to us by

other financial institutions and banks and service

providers.

the service before or after we debit the fee to your

account and subject to condition 23.4, you must

pay us:

(i) all credit fees and charges in the circumstances

indicated in the schedule or as changed under

condition 19.1(c); and

(ii) all new fees and charges we impose under

condition 19.1(c);

(iii) an amount equal to any government charges

and duties, if applicable, on receipts or

withdrawals under this contract calculated

in accordance with the relevant legislation,

which are payable whether or not you are

primarily liable for such charges and duties;

and

(iv) any enforcement expenses we reasonably

incur in enforcing this contract after a default,

including our legal costs on a solicitor-client

or indemnity basis, all of which are payable

when we ask.

23.2 If we are liable to pay GST on a supply made in

connection with this contract, you agree to pay us

on demand an amount equal to the consideration

payable for the supply multiplied by the prevailing

GST rate. If we are liable to pay any amount to any

other party on a supply made in connection with this

contract, you agree to pay us on demand an amount

equal to that amount.

23.3 If under any law within or outside Australia, any

interest you must pay under this contract is subject to

deduction or withholding of tax, you agree:

(a) to pay a further amount such that after the

deduction or withholding, we receive the interest

free of any deduction or withholding;

(b) to pay to the relevant revenue authority the

amount of tax deducted or withheld on or before

the due date for the payment of that amount;

tax being deducted or withheld, of the amount

deducted from the interest;

(d) to provide to us the official receipt issued by

the relevant revenue authority evidencing the

payment of the amount deducted or withheld

within 14 days of receiving that receipt; and

(e) that, should you fail to meet your obligation to

deduct or withhold, and as a result, an assessment,

demand or notice is issued to us by the relevant

revenue authority, you will indemnify us for our

having to comply with such assessment, demand

or notice, including any applicable interest and

penalties.

23.4 All fees are non-refundable. However, a government

or third party fee or charge will only be payable to

the extent of the actual amount finally determined as

being payable to the relevant third party.

24 Using your account

24.1 Your account may be used by:

(a) using the card with or without the PIN;

(b) using the identifier together with the PIN,

memorable word, or identification reference; or

24.2 You authorise us to debit to your account all:

(a) purchases;

(b) cash advances;

(d) fees and charges; and

(e) other money owing to us under this contract. We

may do so on or after the date we pay them or the

date they become due or payable by you or us

(whichever is earlier).

24.3 Your account must only be used for lawful personal,

domestic or household use. We reserve the right

to determine what transactions constitute lawful

personal, domestic or household use.

37

25 Using the Credit Cards Phone Banking or

Credit Cards Online services provided \by us

25.1 Users may:

(a) obtain financial information about your account;

and

(b) perform any other functions authorised by us

through the Credit Cards Phone Banking or

Credit Cards Online services provided by us in

connection with the card. These services are not

governed by:

(i) in the case of a loan account, our “Banking

Electronically Terms and Conditions”,

(ii) in the case of a deposit account, our

“Banking Electronically Terms” in our

Product Disclosure Statement.

25.2 If a user has been authorised by us to use one access

method, that user will automatically be authorised

to use and be issued with such other access methods

that are also available to our customers at that time.

A user will be given one common identification

reference and memorable word. If a user changes

the identification reference and memorable word for

one access method, that new identification reference

and memorable word will apply to the other access

methods issued to that user. A user must protect the

common identification reference and memorable

word. Condition 8 governs the use of a common

identification reference and memorable word.

25.3 Users must notify us immediately if an identification

reference and memorable word is lost, stolen

or misused, if the identification reference and

memorable word is known to someone else, or if

a transaction is suspected to have been made on

your account without a user’s authority, in the same

manner as condition 9 requires for a lost card or

PIN.

26 What happens if you breach this contract

26.1 If you breach this contract, we may do any or all of

the following (subject to condition 26.2):

(a) close or suspend your account;

(b) cancel or suspend a card;

rewards program and the rights and benefits

attributable to such;

(d) require the return of a card;

(e) use any money you have in any other account

you have with us towards repaying any amount

you owe us under this contract (this is known

as “combining accounts”). (We may combine

accounts without giving you any notice.) If we

do this the balance in your other account will

reduce by the amount used for this purpose;

(f) require you to pay us on demand the total

amount owing;

(g) exercise any other rights that the law gives us;

and

(h) require you to pay us on demand all enforcement

expenses we reasonably incur in the exercise of

our rights against you, including legal fees.

26.2 Our right to take action against you under condition

26.1 may be subject to a requirement of the National

Credit Code that we first give you a notice requiring

you to remedy the breach. If so, you will be deemed

to have failed to remedy the breach specified in

the notice if, at the end of the time allowed by that

notice, you have failed to remedy that breach or

you have remedied that breach but have committed

another of the same type.

26.3 If an obligation to pay us an amount under the

credit card contract becomes merged in a court

order or judgment, you must pay us interest at the

annual percentage rate at that time on that amount

calculated daily until fully paid.

27 BPay ® payments

The provisions of this condition 27 apply if and

when a user instructs us to make a payment from

your account through the BPay® scheme. In the

event of any inconsistency between this condition

27 and the remainder of these Conditions of Use,

this condition 27 will apply to the extent of the

inconsistency.

BPay ® payment instructions

27.1 To instruct us to make a BPay® payment, users must

give us the following information:

(a) the account from which the payment is to be

made;

(b) the amount to be paid;

(d) the Customer Reference Number (eg. the

account number with the biller).

We will then debit your account with the amount of

that BPay® payment. We will not be obliged to effect

a BPay® payment instruction if the information

given is incomplete and/or inaccurate, or if the user

does not provide us with the correct access method.

Processing payments

27.2 Generally, a BPay® payment will be treated as

received by the biller to whom it is directed:

(a) on the date we are told to make it, if this occurs

before the end of day on a business day; or

(b) otherwise, on the next business day.

A delay might occur in the processing of a

BPay®payment where:

(a) there is a public or bank holiday on the day after

we are told to make a BPay® payment; or

(b) a biller, or another financial institution

participating in the BPay® scheme, does not

comply with its obligations under the scheme.

While it is expected that any delay in processing a

payment for any of these reasons will not continue

for more than one business day, any such delay

may continue for a longer period. It is the user’s

responsibility to allow for sufficient time for

processing of payments to the biller.

Users must be careful to tell us the correct amount

to be paid. If the amount we are instructed to pay

is less than the amount needed to be paid, another

BPay®payment should be made for the shortfall.

If the amount we are instructed to pay is greater

than the amount intended, the biller should be

contacted to obtain a refund.

We will attempt to make sure that BPay® payments

are processed promptly by billers and other

participants in the BPay® scheme.

We will not accept an order to stop a BPay® payment

once we have been instructed to make that BPay®

payment.

If we are advised by a biller that a BPay® payment

cannot be processed, we will:

(a) advise the user of this;

(b) credit your account with the amount of that

BPay® payment; and

BPay® payment as quickly as possible.

Liability for unauthorised, fraudulent and

mistaken BPay ® payments

27.3 Your liability for unauthorised and fraudulent BPay®

payments will be determined in accordance with clause 13.

A mistaken BPay® payment is a BPay® payment to a

person or for an amount which is not in accordance

with the instructions given to us, if any. If your

account is debited with the amount of a mistaken

BPay® payment, we will credit that amount to your

account. However, you must pay us the amount of a

mistaken BPay® payment if a user is responsible for

a mistake resulting in that payment and we cannot

recover the amount from the person who received it

within 20 business days of attempting to do so.

You acknowledge that the receipt by a biller of a

mistaken or erroneous payment does not or will not

constitute under any circumstances part or whole

satisfaction of any underlying debt owed between a

user and that biller.

If we are notified that a BPay® payment made from

your account is unauthorised, you must provide us

with a written consent addressed to the biller who

received that BPay® payment, allowing us to obtain

from that biller information about your account

with that biller or the BPay® payment, including the

customer reference number and such information

as is reasonably required to investigate the BPay®

payment. If you do not give us that consent, the

biller may not be permitted under law to disclose to

us the information we need to investigate or rectify

that BPay® payment.

Please note that BPay® instructions cannot be

revoked or reversed once they have been made by

you. You agree that neither we nor any other person

will be liable for any BPay® instructions that have

been made mistakenly by you.

Suspension

27.4 We may at any time suspend your right to participate

in the BPay® scheme and will do so without notice if

we suspect a user, or someone acting on your behalf,

of being fraudulent.

BPay® payments for which instructions have been

given and which are scheduled to be made while

your right to participate in the BPay® scheme is

suspended will not be processed by us.

28 Consequential Damage and Indemnity

BPay ® Scheme

28.1 Subject to condition 13 and the ePayments Code,

we are not liable for any consequential loss or

damage users may suffer as a result of using the

BPay® scheme, other than due to any loss or damage

suffered due to our negligence, or in relation to any

breach of a condition or warranty implied by law in

contracts for the supply of goods and services and

which may not be excluded, restricted or modified at

all or only to a limited extent.

Failure to Complete or Authorise Your

Transactions

28.2 Subject to condition 13 and the ePayments Code,

we are not liable for any consequential loss or

damage users may suffer as a result of us exercising

our rights contemplated by condition 26, other

than due to any loss or damage suffered due to

our negligence, or in relation to any breach of a

condition or warranty implied by law in contracts

for the supply of goods and services and which may

not be excluded, restricted or modified at all or only

to a limited extent.

Indemnity

28.3 you indemnify us against any loss or damage we

may suffer due to any claim, demand or action

of any kind brought against us arising directly or

indirectly because users:

(i) did not observe any of the obligations under;

(ii) acted negligently or fraudulently in

connection with these Conditions

of Use.

29 Chargeback Information

In some circumstances, the rules of the card

schemes allow us to charge a transaction on your

account back to the merchant with whom a user

made a transaction.

We will claim a chargeback right (if the right is

available) for a transaction on your account if:

(a) you ask us to do so; and

(b) you give us the information and material we

require to support the chargeback, within 30

days after the date of the statement on which the

transaction is recorded.

Otherwise any chargeback we have under the rules

of the card schemes may be lost.

The timeframe for disputing a transaction may not

apply to reporting unauthorised EFT transactions

covered by the ePayments Code.

We cannot claim a right of chargeback if:

(a) the right does not exist i.e. your claim must fall

within a specific category before we can exercise

our rights in respect of a disputed transaction.

The rules of the card schemes prevent us from

disclosing details of when a chargeback is or is

not available to us; or

(b) your claim relates to a special promotion.

Special promotional transactions are outside

chargeback rights and any complaint should be

directed to the merchant or us where relevant.

30 Commissions

30.1 When your account is opened, we may pay a

commission to the entity which introduced you to

us. Details of the commission, if known, will be set

out in the schedule.

30.2 A Merchant may pay commission to us in respect

of special promotions, the amounts of which are

unascertainable.

31 If we take security over your deposit

with us

These Conditions of Use apply in addition to the

conditions that will apply if you have provided us

with a Letter of Set Off and Other Rights Over

Deposits in respect of any deposit with us.

32 Special promotions

32.1 We may make available a special promotion on such

terms and conditions as we determine, including:

(a) the transactions which are eligible for the

special promotion; and

(b) the period of time the special promotion is

available, and each special promotion will be

subject to those terms and conditions as well as

this contract.

32.2 We will only treat a transaction which is eligible

for a special promotion as subject to a special

promotion if you nominate that transaction

accordingly at the time the eligible transaction is

made.

32.3 Provided that you are not otherwise in default the

amount associated with a special promotion is not

an unpaid balance during any special promotion

period for the purposes of calculating the total

amount of interest payable on your account.

32.4 Any special promotions or rewards programs we

make available are subject to change, independently

of these Conditions of Use.

43

33 General matters

Effective date of transactions

33.1 We may assign a date under which credit is provided

to you under this contract that is on or after the date

the transaction takes place.

Adjustments

33.2 We may subsequently adjust debits and credits to

your account, so as to accurately reflect the legal

obligations of you and us (for example, because of

an error or a dishonour). If we do this we may make

consequential adjustments (including to interest

charges).

End of day

33.3 Unless specified otherwise, the end of day is:

(a) 3.00pm for the purposes of giving us your

instructions; and

(b) 5.00pm for any other purposes.

Time

33.4 A reference to a time is a reference to the time in

Sydney, New South Wales, Australia.

Statements

33.5 We give you a statement for your account at least

every 40 days (unless the law says that we do not

have to). In all cases, we will send you a statement

of your account at least every 6 months. You may

also receive a statement of account relating to your

account if you request it at any time.

We may charge a fee for responding to any request

to issue a replacement or duplicate statement of

account.

33.6 You should check all entries on your statement

of account carefully and promptly report any

apparent error or unauthorised transactions to us in

accordance with condition 16.1.

How we may exercise our rights

33.7 We may exercise a right or remedy (in addition

to other rights and remedies provided by law) or

give or refuse our consent in any way we consider

appropriate including by imposing reasonable

conditions.

33.8 If we do not exercise a right or remedy fully or at a

given time, we can still exercise it later.

33.9 Subject to condition 13, we are not liable for loss

caused by the exercise or attempted exercise of,

failure to exercise, or delay in exercising, a right

or remedy.

44

Our certificates

33.10 We may give you a certificate about a matter or

about an amount payable in connection with this

contract. The certificate is sufficient evidence of the

matter or amount, unless it is proved to be incorrect.

Assignment and Novation

33.11 We may assign our rights under this contract.

You agree that we may disclose any information or

documents we consider desirable to help us exercise

this right.

33.12 We may novate this credit card contract to another

institution authorized to issue credit cards by giving

notice to you of the time after which any transaction

initiated by a user on your account will be taken

to be your acceptance of the novation of this credit

card contract.

33.13 Your rights are personal to you and may not be

assigned without your written consent.

Notices, other communications and serving

documents

33.14 Notices, certificates, consents, approvals and other

communications in connection with this contract

must be in writing.

33.15 Communications for us may be given to us by:

(a) posting it by ordinary mail to our office at the

address shown on a statement of account; or

(b) any other means permitted by law.

33.16 Subject to relevant laws or codes of practice,

communications for you may be given to you by:

(a) delivering it to you personally;

(b) leaving it at your residential or business address

last known to us;

as by fax or electronic communication) to any of

these places; or

(d) any other means permitted by law.

33.17 Communications given by newspaper advertisement

are taken to be received on the date they are first

published.

33.18 Where applicable to your account and access

method, you agree that we may satisfy any

requirement under this contract and the ePayments

Code to provide users with information by:

(a) electronic communication to a user’s electronic

equipment;

(b) electronic communication to an electronic

address nominated by the user; or

site for retrieval by a user (after notifying the user

by electronic communication that the information

is available for retrieval and providing the user

with the ability to retrieve the information by

electronic communication).

You may at any time by notice to us terminate your

agreement to receive information by electronic

communication or change your electronic equipment

or electronic address.

Variation and waivers

33.19 A provision of this contract, or a right created under

it, may not be waived except in writing signed by

the party or parties to be bound.

33.20 We may change this contract or defer or waive any

of these terms and conditions without creating a

new contract.

Set-off

33.21 Subject to any statutory right of setoff which

we cannot exclude by agreement such as under

consumer credit or trade practices legislation, you

must pay all amounts due under this contract in full

without setting off amounts you believe we owe you

and without counterclaiming amounts from us.

Inconsistent legislation

33.22 If the National Credit Code applies to this contract

then, if:

(a) that Code would otherwise make a provision of

this contract illegal, void or unenforceable; or

(b) a provision of this contract would otherwise

contravene a requirement of that Code or impose

an obligation or liability which is prohibited by

that Code,

this contract is to be read as if that provision were

varied to the extent necessary to comply with that

Code or, if necessary, omitted.

Applicable law

33.23 This contract is governed by the law in force in

Sydney, New South Wales. You and we submit

to the nonexclusive jurisdiction of the courts of

that place.

Your address

You must tell us promptly by calling 132 152 if you

change your residential and/or postal address.

46

Anti-money laundering and counter-terrorist

financing

You acknowledge and agree that:

(a) We and other members of the group are required

to comply with anti-money laundering laws and

counter-terrorist financing laws, regulations

and policies including group policies, reporting

requirements under financial transactions

legislation and requests of public and regulatory

authorities in Australia and elsewhere, that:

(i) may prohibit us from entering or

concluding transactions involving certain

persons or entities; or

(ii) may require us to report suspect

transactions or activities to a regulatory

authority.

Transactions impacted include those that may:

(i) involve the provision of finance to any

person or entity involved or suspected of

involvement in terrorism or any terrorist act;

(ii) be relevant to investigation of an actual

or attempted evasion of a taxation law,

investigation of or prosecution of a

person for an offence against a law of the

Commonwealth or a State or Territory or

enforcement of the Proceeds of Crimes Act

1987 (Cth); or

(iii) involve persons or entities which may be the

subject of sanctions.

(b) We and other members of the group,

may intercept and investigate any payment

messages and other information or

communications sent to or by or on behalf of

a user via our systems and may delay, block

or refuse to make any payment and payment

screening may cause a delay in processing

certain information; and

liable for loss (whether direct or consequential

and including without limitation loss of profit or

interest) or damage suffered by any party, arising

out of any action taken or any delay or failure by

us, or any member of the group, in performing any

of its duties or other obligations, caused in whole

or in part by any steps taken as set out under this

condition 32.24.

47

Form 5 Information statement

paragraph 16 (1) (b) of the Code

regulation 70 of the Regulations

Things you should know about your proposed

credit contract

This statement tells you about some of the rights

and obligations of yourself and your credit provider.

It does not state the terms and conditions of your

contract.

If you have any concerns about your contract, contact

the credit provider and, if you still have concerns,

your credit provider’s external dispute resolution

scheme, or get legal advice.

The contract

1 How can I get details of my proposed credit

contract?

Your credit provider must give you a pre-contractual

statement containing certain information about your

contract. The precontractual statement, and this

document, must be given to you before –

●● your contract is entered into; or

●● you make an offer to enter into the contract;

whichever happens first.

2 How can I get a copy of the final contract?

If the contract document is to be signed by you and

returned to your credit provider, you must be given a

copy to keep.

Also, the credit provider must give you a copy of the

final contract within 14 days after it is made. This rule

does not, however, apply, if the credit provider has

previously given you a copy of the contract document

to keep.

If you want another copy of your contract write to your

credit provider and ask for one. Your credit provider may

charge you a fee. Your credit provider has to give you a

copy –

●● within 14 days of your written request if the

original contract came into existence 1 year or

less before your request; or

●● otherwise within 30 days of your written request.

3 Can I terminate the contract?

Yes. You can terminate the contract by writing to

the credit provider so long as –

●● you have not obtained any credit under the

contract; or

●● a card or other means of obtaining credit given

to you by your credit provider has not been used

to acquire goods or services for which credit is

to be provided under the contract.

However, you will still have to pay any fees or

charges incurred before you terminated the contract.

4 Can I pay my credit contract out early?

Yes. Pay your credit provider the amount required

to pay out your credit contract on the day you wish

to end your contract.

5 How can I find out the pay out figure?

You can write to your credit provider at any time

and ask for a statement of the pay out figure as at

any date you specify. You can also ask for details of

how the amount is made up.

Your credit provider must give you the statement

within 7 days after you give your request to the

credit provider. You may be charged a fee for the

statement.

6 Will I pay less interest if I pay out my contract

early?

Yes. The interest you can be charged depends on the

actual time money is owing. However, you may have

to pay an early termination charge (if your contract

permits your credit provider to charge one) and other

fees.

7 Can my contract be changed by my credit

provider?

Yes, but only if your contract says so.

8 Will I be told in advance if my credit provider is

going to make a change in the contract?

That depends on the type of change.

For example –

●● you get at least same day notice for a change to

an annual percentage rate. That notice may be

a written notice to you or a notice published in a

newspaper.

●● you get 20 days advance written notice

for –

–– a change in the way in which interest is

calculated; or

–– a change in credit fees and charges; or

–– any other changes by your credit

provider;

except where the change reduces what you have to

pay or the change happens automatically under the

contract.

9 Is there anything I can do if I think that my

contract is unjust?

Yes. You should first talk to your credit provider.

Discuss the matter and see if you can come to some

arrangement.

If that is not successful, you may contact your

credit provider’s external dispute resolution

scheme. External dispute resolution is a free service

established to provide you with an independent

mechanism to resolve specific complaints. Your

credit provider’s external dispute resolution provider

is the Financial Ombudsman Service and can be

contacted at 1300 78 08 08, www.fos.org.au and

GPO Box 3, Melbourne, Victoria, 3001.

Alternatively, you can go to court. You may wish to

get legal advice, for example from your community

legal centre or Legal Aid.

You can also contact ASIC, the regulator, for

information on 1300 300 630 or through ASIC’s

website at http://www.asic.gov.au.

Insurance

10 Do I have to take out insurance?

Your credit provider can insist you take out or pay

the cost of types of insurance specifically allowed

by law. These are compulsory third party personal

injury insurance, mortgage indemnity insurance or

insurance over property covered by any mortgage.

Otherwise, you can decide if you want to take

out insurance or not. If you take out insurance,

the credit provider can not insist that you use any

particular insurance company.

11 Will I get details of my insurance cover?

Yes. If you have taken out insurance over

mortgaged property or consumer credit insurance

and the premium is financed by your credit

provider. In that case the insurer must give you a

copy of the policy within 14 days after the insurer

has accepted the insurance proposal.

Also, if you acquire an interest in any such

insurance policy which is taken out by your credit

provider then, within 14 days of that happening,

your credit provider must ensure you have a written

notice of the particulars of that insurance.

You can always ask the insurer for details of your

insurance contract. If you ask in writing your

insurer must give you a statement containing all the

provisions of the contract.

50

12 If the insurer does not accept my proposal, will I

be told?

Yes, if the insurance was to be financed by the

credit contract. The insurer will inform you if the

proposal is rejected.

13 In that case, what happens to the premiums?

Your credit provider must give you a refund or

credit unless the insurance is to be arranged with

another insurer.

14 What happens if my credit contract ends

before any insurance contract over mortgaged

property?

You can end the insurance contract and get a

proportionate rebate of any premium from the

insurer.

Mortgages

15 If my contract says I have to give a mortgage,

what does this mean?

A mortgage means that you give your credit provider

certain rights over any property you mortgage. If

you default under your contract, you can lose that

property and you might still owe money to the credit

provider.

16 Should I get a copy of my mortgage?

Yes. It can be part of your credit contract or, if it is

a separate document, you will be given a copy of

the mortgage within 14 days after your mortgage is

entered into.

However, you need not be given a copy if the credit

provider has previously given you a copy of the

mortgage document to keep.

17 Is there anything that I am not allowed to do

with the property I have mortgaged?

The law says you can not assign or dispose of the

property unless you have your credit provider’s, or

the court’s, permission. You must also look after the

property. Read the mortgage document as well. It

will usually have other terms and conditions about

what you can or cannot do with the property.

18 What can I do if I find that I cannot afford

my repayments and there is a mortgage over

property?

See the answers to questions 22 and 23.

Otherwise you may —

●● if the mortgaged property is goods — give the

property back to your credit provider, together

with a letter saying you want the credit provider

to sell the property for you;

●● sell the property, but only if your credit provider

gives permission first;

●● give the property to someone who may then

take over the repayments, but only if your credit

provider gives permission first.

If your credit provider won’t give permission, you

can contact their external dispute resolution scheme

for help.

If you have a guarantor, talk to the guarantor who

may be able to help you.

You should understand that you may owe money to

your credit provider even after mortgaged property

is sold.

19 Can my credit provider take or sell the

mortgaged property?

Yes, if you have not carried out all of your

obligations under your contract.

20 If my credit provider writes asking me where

the mortgaged goods are, do I have to say where

they are?

Yes. You have 7 days after receiving your credit

provider’s request to tell your credit provider. If you

do not have the goods you must give your credit

provider all the information you have so they can be

traced.

21 When can my credit provider or its agent come

into a residence to take possession of mortgaged

goods?

Your credit provider can only do so if it has the

court’s approval or the written consent of the

occupier which is given after the occupier is

informed in writing of the relevant section in the

National Credit Code.

General

22 What do I do if I cannot make a repayment?

Get in touch with your credit provider immediately.

Discuss the matter and see if you can come to some

arrangement. You can ask your credit provider to

change your contract in a number of ways —

●● to extend the term of your contract and reduce

payments; or

●● to extend the term of your contract and delay

payments for a set time; or

●● to delay payments for a set time.

52

23 What if my credit provider and I cannot agree

on a suitable arrangement?

If the credit provider refuses your request to change

the repayments, you can ask the credit provider to

review this decision if you think it is wrong.

If the credit provider still refuses your request you can

complain to the external dispute resolution scheme that your

credit provider belongs to. Further details about this scheme

are set out below in question 25.

24 Can my credit provider take action against me?

Yes, if you are in default under your contract. But

the law says that you cannot be unduly harassed

or threatened for repayments. If you think you are

being unduly harassed or threatened, contact the

credit provider’s external dispute resolution scheme

or ASIC, or get legal advice.

25 Do I have any other rights and obligations?

Yes. The law will give you other rights and

obligations. You should also READ YOUR

CONTRACT carefully.

IF YOU HAVE ANY COMPLAINTS ABOUT

YOUR CREDIT CONTRACT, OR WANT MORE

INFORMATION, CONTACT YOUR CREDIT

PROVIDER. YOU MUST ATTEMPT TO

RESOLVE YOUR COMPLAINT WITH YOUR

CREDIT PROVIDER BEFORE CONTACTING

YOUR CREDIT PROVIDER’S EXTERNAL

DISPUTE RESOLUTION SCHEME. IF YOU

HAVE A COMPLAINT WHICH REMAINS

UNRESOLVED AFTER SPEAKING TO YOUR

CREDIT PROVIDER YOU CAN CONTACT

YOUR CREDIT PROVIDER’S EXTERNAL

DISPUTE RESOLUTION SCHEME OR GET

LEGAL ADVICE.

EXTERNAL DISPUTE RESOLUTION IS A FREE

SERVICE ESTABLISHED TO PROVIDE YOU

WITH AN INDEPENDENT MECHANISM TO

RESOLVE SPECIFIC COMPLAINTS. YOUR

CREDIT PROVIDER’S EXTERNAL DISPUTE

RESOLUTION PROVIDER IS THE FINANCIAL

OMBUDSMAN SERVICE AND CAN BE

CONTACTED ON

1300 78 08 08, www.fos.org.au OR AT

GPO BOX 3, MELBOURNE, VICTORIA 3001.

PLEASE KEEP THIS INFORMATION

STATEMENT. YOU MAY WANT SOME

INFORMATION FROM IT AT A LATER DATE.

53

Direct debit request service agreement

Preamble

This document pertains to the operation of any payment

facilities EasyPay (automated, regular payments) and

CallPay (cardholder initiated, random payments), which

are both facilities which generate credit payments to your

card, and matching debit payments to be forwarded to an

account nominated by you under this Direct Debit Request

Service Agreement.

Definitions

account means the account held at your financial

institution from which we are authorised to arrange for

funds to be debited.

Act means the Privacy Act 1988 (Cth).

agreement means this Direct Debit Request Service

Agreement between you and us, including the direct debit

request.

approving means that you have authorised us by:

(i) providing a signature on a direct debit request and/

(ii) by authorising us in a telephone call where you were

identified using the standard caller identification

process.

business day means a day other than a Saturday or a

Sunday or a public holiday listed throughout Australia.

debit day means the day that payment by you to us is due.

debit payment mean a particular transaction where a debit

is made.

direct debit request means the Direct Debit Request

between us and you.

direct debit system means the Bulk Electronic Clearing

System.

GST means a tax payable under the GST law, as defined

in A New Tax System (Goods and Services Tax) Act 1999

(Cth).

personal information means any information (including

any sensitive information) which we collect, use, hold and

disclose about you (including your account details and any

amounts to be debited from your account) in accordance

with the Act.

privacy and related law means the Act including the

Australian Privacy Principles, and all other privacy law or

codes of practice relevant to our collection, use and disclosure

of your personal information and our processing of your

direct debit request.

privacy policy means our Privacy Policy which can be

obtained by contacting us at the Credit Card Customer

Service Centre, or contacting our Privacy Officer on1300

308 008, or by visiting any HSBC branch.

signature includes any electronic method permitted by

applicable law at the relevant time to be used to identify

a person and to indicate the person’s approval of the

information communicated in a document, in a manner

binding on that person.

standard caller identification process is the process which

we adopt from time to time to identify you.

us and we and ours means HSBC Bank Australia Limited

ABN 48 006 434 162, who you have authorised by

approving a direct debit request.

you and your means the customer who signed the direct

debit request.

your financial institution is the financial institution where

you hold the account that you have authorised us to arrange

to debit.

1 Debiting your account

1.1 By approving a direct debit request, you have

authorised us to arrange for funds to be debited

from your account. You should refer to the direct

debit request and this agreement for the terms of the

arrangement between us and you.

1.2 We will only arrange for funds to be debited from

your account as authorised in the direct debit

request.

1.3 If the debit day falls on a day that is not a business

day we may direct your financial institution to debit

your account on the following business day.

1.4 If you are unsure about which day your account has

or will be debited you should ask us.

1.5 We warrant that we will comply with the

requirements of the ePayments Code where you use

CallPay to approve a direct debit request and the

requirements of that code apply to your dealings

with us.

2 Changes by us

We may vary any details of this agreement or a

direct debit request at any time by giving you at

least fourteen (14) days written notice.

3 Changes by you

3.1 Subject to 3.2 and 3.3, you may change the

arrangements under a direct debit request by

contacting us at the Credit Card Customer Service

Centre.

3.2 If you wish to stop or defer a debit payment you

must notify us in writing at least 21 days before the

next debit day. This notice should be given to us in

the first instance.

3.3 You may also cancel your authority for us to debit

your account at any time by giving us notice in

writing, or by a telephone call, at least 30 days before

the next debit day. This notice should be given to us

in the first instance.

4 Your obligations

4.1 It is your responsibility to ensure that there are

sufficient clear funds available in your account to

allow a debit payment to be made in accordance

with the direct debit request.

4.2 If there are insufficient clear funds in your account

to meet a debit payment:

(a) you may be charged a fee and/or interest by your

financial institution;

(b) you may also incur fees or charges imposed or

incurred by us; and

made by another method or arrange for sufficient

clear funds to be in your account by an agreed

time so that we can process the debit payment.

4.3 You should check your account statement to verify

that the amounts debited from your account are

correct.

4.4 You must notify us immediately in accordance with

condition 9 of the HSBC Credit Card Conditions

of Use if you become aware of any breach of

the security of the standard caller identification

process.

4.5 If we are liable to pay GST on a supply made in

connection with this agreement then you agree

to pay us on demand an amount equal to the

consideration payable for the supply multiplied

by the prevailing GST rate. If we are liable to pay

any amount to any other party on a supply made in

connection with this agreement then you agree to

pay us on demand an amount equal to that amount.

5 Disputes

5.1 If you believe that there has been an error in

debiting your account or you wish to query an entry

on your account statement you should notify us

directly at the Credit Card Customer Service Centre

and confirm that notice in writing with us as soon

as possible so that we can resolve your query more

quickly.

5.2 If we conclude as a result of our investigations that your

account has been incorrectly debited we will respond

to your query by arranging for an amount equal to the

incorrect debit (plus interest and charges) to be credited

to your card account, or if you require, deposited to your

account at your financial institution. We will also notify

you in writing of the amount by which your account has

been adjusted.

5.3 If we conclude as a result of our investigations

that your account has not been incorrectly debited

we will respond to your query by providing you

with reasons and any evidence for this finding,

and advise you whether there was any system or

equipment malfunction at the time of the debit.

5.4 Any queries you may have about an error made in

debiting your account should be directed to us in

the first instance so that we can attempt to resolve

the matter between us and you. If we cannot resolve

the matter you can still refer it to your financial

institution which will obtain details from you of the

disputed transaction and may lodge a claim on your

behalf.

5.5 We will respond to your request within 7 days if the

debit payment was made within the last 12 months

or 30 days if within the last 5 years.

6 Accounts

You should check:

(a) with your financial institution whether direct

debiting is available from your account as direct

debiting is not available on all accounts offered

by financial institutions.

(b) your account details which you have provided to

us are correct by checking them against a recent

account statement; and

the direct debit request if you have any queries

about how to complete the direct debit request.

Your financial institution may impose additional

restrictions on the amount of funds which may

be debited from your account.

7 Confidentiality and privacy

7.1 When we collect, use and disclose your personal

information including any in your direct debit

request (such as your account details), and you

consent to such collection, use and disclosure of

your personal information for these purposes, we

comply with the privacy and related law and our

privacy policy.

7.2 Your financial institution or others involved in

the direct debit system may require your personal

information to be provided to them in connection

with a claim made relating to an alleged incorrect or

wrongful debit made under the agreement.

8 Notice

8.1 If you wish to notify us in writing about anything

relating to this agreement you should write to:

HSBC Bank Australia Limited

Credit Cards

GPO Box 4263

Sydney NSW 2001

8.2 We will notify you by sending a notice in the

ordinary post to the address recorded by us for

correspondence relating to your card account.

8.3 Any notice will be deemed to have been received

two business days after it is posted.

Privacy Consent and Declaration

HSBC Bank Australia Limited ABN 48 006 434

162 Australian Credit Licence/AFSL 232595

(“HSBC”) is a member of the HSBC Group of

companies (“HSBC Group”), which supplies

banking, wealth management, insurance and other

facilities, products and services globally.

1 What type of personal information is collected?

(a) Personal Information is any information which

identifies an individual, such as your name,

address, telephone number, date of birth,

occupation, nationality, financial details or

signature. Personal Information also includes

Credit Information.

(b) Credit Information is information that licensed

credit providers are allowed to give or receive

from each other, or provide to or receive from

credit reporting bodies pursuant to the Privacy

Act 1988 (Cth) about an individual’s commercial

or consumer credit, and may include: Personal

Information, the name of the credit provider

providing such credit; credit limits; the day

the credit contract is entered into; repayment

information in relation to your credit contract

including the date the repayment is due and

the date you make the repayment; information

about defaults under a credit contract; payments

relating to such defaults; payments made

under a variation to a defaulted loan; serious

credit infringements arising from deception or

attempted deception committed by the individual

or on the individual’s behalf; credit worthiness,

credit standing, credit history, credit capacity

and information derived from credit information

such as a credit score.

providing you with a credit card; and (ii) in the

event it does so, to enter into any transactions

with you or for or on your behalf, you authorise

and acknowledge that HSBC may collect and

hold Personal Information about you and any

person authorised to operate an additional card

(“Authorised Signatory”), including:

• any Personal Information provided by or about

you in your application for an HSBC credit

card or at any other time;

• any other Personal Information you provide

to any of the persons set out under the

heading “Who has access to my Personal

Information?” below (collectively known

as the “Recipient”) or which any Recipient

otherwise lawfully obtains about you;

• any transaction details or transaction history;

and

• any credit decision made about this

application.

(d) HSBC is required under the Anti-Money

Laundering and Counter-Terrorism Financing

Act 2006 (Cth) to collect Personal Information

to verify the identity of you and any Authorised

Signatory and to regularly confirm whether such

identity details are up-to-date whilst you have a

product with us. In doing this, where you apply

for a credit card online or via a merchant HSBC

may disclose the name, residential address

and date of birth of you and any Authorised

Signatory to a credit reporting body and request

that credit reporting body to prepare and provide

to HSBC an assessment of whether these details

match (wholly or partly) information contained

in a credit information file held by such credit

reporting body. The credit reporting body may

compare your details with the names, residential

addresses and dates of birth contained in credit

information files of other individuals for the

purposes of making the assessment.

(e) You declare that where you have provided to

HSBC Personal Information about an individual

who is not you (such as a relative, spouse

or partner), you have either made aware or

will immediately make aware, that you have

disclosed their Personal Information to us and

that HSBC will use and disclose their Personal

Information for the purposes set forth in this

Privacy Consent and Declaration and that

they can access their Personal Information by

contacting HSBC on 132 152.

(f) Personal Information may be given or lawfully

obtained before, during and after the provision of

credit to you.

2 Who has access to my Personal Information?

(a) You agree that Personal Information may be

used by, exchanged with, and disclosed to the

following Recipients:

• HSBC, any company which is related to

HSBC, and HSBC’s assignees;

• any insurer, insurance broker or agent from

whom or through whom any insurance is

taken out, or is to be taken out, or is offered or

marketed to you, in connection with the credit

to which this application relates;

• any Authorised Signatory or guarantor to this

facility;

• other financial institutions if you seek credit

from them or currently have credit with them,

or to facilitate your transactions via ATMs,

internet banking, or BPAY®;

• Australia Post, if you use the bank@

POST service or you undertake an identity

verification check at the post office;

• any person necessary to execute your

instructions;

• any person through whom you have applied,

or by whom you have been introduced to

HSBC (such as a merchant, introducer or

broker); and

• any payment system operators and participants

in the payment system.

• to identify and develop products or services

that may interest you and market them to you

(unless you ask the Recipient not to do so);

• to detect fraud, money laundering or terrorist

financing activities or suspected activities as

required under the Anti-Money Laundering

and Counter-Terrorism Financing Act 2006

(Cth) or breaches of Australian sanctions

under the Charter of the United Nations Act

1945 (Cth), Autonomous Sanctions Act 2011

(Cth) and the Banking Act 1959 (Cth) or

breaches of certain overseas sanctions law and

comply with other regulatory requirements of

Australian and certain overseas regulators;

• to facilitate any transactions entered into

between you and a Recipient, or provide

any transactions entered into or performed

by a Recipient at your or any Authorised

Signatory’s request and for or on your or any

Authorised Signatory’s behalf;

• to verify your identity under the Anti-Money

Laundering and Counter-Terrorism Financing

Act 2006 (Cth);

(b) You agree that if a Recipient engages any

person to do something on its behalf (a “Service

Provider”), then the Recipient and the Service

Provider (and its contractors) may exchange

with each other any Personal information and

any other Personal Information the Service

Provider (and its contractors) lawfully obtains

in the course of acting on the Recipient’s

behalf. HSBC discloses Personal Information

to members of the HSBC Group and overseas

Service Providers (and their contractors).

For a list of these countries visit www.hsbc.

com.au This list may be updated from time

to time. If you agree to this disclosure, you

acknowledge that we do not have to take steps

as are reasonable in the circumstances to ensure

the overseas recipient does not breach the

Australian Privacy Principles. Whilst these

countries may or may not have privacy laws of a

similar standard; all HSBC Group members are

required to comply with HSBC Group standards,

requiring strict confidentiality and security, to

which all Recipients and staff are subject. These

standards are based on the Data Protection Act

UK. Likewise, Service Providers (and their

contractors) are required to contractually adhere

to strict confidentiality and security obligations.

In addition, if any Personal Information HSBC

needs is not provided to it, HSBC may not be

able to provide you with a credit card.

Information:

• as required by the laws of Australia and laws

in which the HSBC Group operates such as

under court or tribunal orders and requests

from Australian and overseas regulators and

government agencies;

• to any other person where you have consented

to such disclosure.

3 What happens to my Personal Information

You agree that any Personal Information provided

by you or otherwise obtained by a Recipient may

be used and disclosed by any Recipient and Service

Provider (and its contractors):

• to assess and process your application for an

HSBC credit card;

• for any purpose related to the provision of

credit to you and to carry out any associated

payments, administration and account

services;

• to assess any application you make for a

different product or service;

• to promote, facilitate and manage the

provision of any other HSBC products or

services to you (including those products and

services offered by others on HSBC’s behalf,

for instance Repayment Protection Insurance);

• to maintain, administer and update any other

product or service the Recipient provides to

you, and to link any other product or service

to your HSBC credit card;

• for planning, product development and

research purposes and to seek your feedback

on the products and services offered by

Recipients;

• to analyse transaction details and transaction

history to build peer/individual group

profiling to enable a Recipient to compare

your account, income and expenditure and

behaviours with peer groups, and for the

development of, and use with internal risk

tools; and

• to link any other product or service to your

credit card.

4 Authority in relation to Credit Information

(a) In addition to the above, you authorise HSBC

and any other Recipient which is a licensed

credit provider or credit reporting body in

respect of you to give Credit Information about

you, and information about your commercial

activities and commercial credit worthiness, to,

and obtain it from, any of the following:

• credit reporting bodies, who may include the

Personal Information disclosed to them by us

in reports provided to credit providers to assist

them to assess your credit worthiness. HSBC

may also disclose to a credit reporting body

instances where you fail to meet your payment

obligations in relation to credit or where you

commit a serious credit infringement;

• any third party (such as your employer or

accountant) to check that the information you

have given us is correct;

• another credit provider from which it may

seek information (for example, to assess this

application and other applications you make,

to conduct subsequent reviews of credit

provided to you, and to assist you avoid

defaulting on your credit obligations), from

whom you may seek credit (for example,

to notify of a default by you, to assess your

credit worthiness or to ascertain the status of

your credit arrangements);

• debt collections agencies, your insurers and

any Authorised Signatory;

• HSBC Group members in the countries listed

at www.hsbc.com.au who may be providing

services to HSBC so to facilitate the provision

of services to you; and

• where it decides to sell or merge any aspect

of its business, any person considering

purchasing or who purchases, funds or

manages that business or an interest in your

credit card account or their advisers.

(b) HSBC will also conduct periodic reviews

of your credit arrangements after HSBC has

provided credit to you. To do this, HSBC will

give your Personal Information to, and obtain

a credit report from, a credit reporting body.

You authorise HSBC, and any other Recipient

which is a licensed credit provider, to obtain a

consumer credit report, together with any other

reports as to your credit worthiness, for this

purpose.

5 Credit Reporting Bodies with whom we exchange

Personal Information

HSBC exchanges Personal Information with the

following credit reporting bodies:

63

Dun & Bradstreet

PO Box 7083

Sydney NSW 2001

Tel: 13 23 33 or +61 3 9828 3333

www.dnb.com.au

Experian

GPO Box 1969

North Sydney NSW 2059

Tel: +61 3 8699 0100

www.experian.com.au

Veda

PO Box 964

North Sydney NSW 2059

Tel: 1300 762 207

www.veda.com.au

You have a right to request these credit reporting bodies to

not use information they hold about you for pre-screening

of direct marketing by credit providers. You also have

the right to request these credit reporting bodies not to use

or disclose information they hold about you where you

believe on reasonable grounds that you have been or are

likely to be a victim of fraud.

6 Information about our management of credit

information

You can obtain our Credit Information Management

Policy by visiting our website or writing to our

Privacy Officer, whose details are provided in

clause 9 below.

Our Credit Information Management Policy

contains information: (a) about how you can access

your credit information held by us; (b)how you can

seek the correction of credit information held by

us; and(c) how you may complain about a failure

by us to comply with the Privacy Act in relation to

credit reporting or our compliance with the Credit

Reporting Privacy Code and how we will deal with

such complaint.

7 If your application is refused

If this application is refused a reason will not be

given unless the refusal is based upon an adverse

credit report or information derived from a credit

report. Any personal information you have

provided may be retained and used by us even

though your application has been refused.

8 How is Personal Information stored?

You acknowledge that Personal Information may

be stored or processed overseas. A list of such

countries is contained at www.hsbc.com.au and

may be updated from time to time. Whether it is

used, stored or processed in Australia or overseas,

the Personal Information will be protected by strict

confidentiality and security, to which all Recipients

and their staff are subject, and will only be used

in accordance with and for the purposes set out in

this document unless otherwise required, advised or

allowed.

9 Your access to Personal Information, corrections

& complaints

You can access most of your Personal Information

held by HSBC by contacting us on 132 152

or writing to the Privacy Officer, HSBC Bank

Australia Limited, GPO Box 5302, Sydney

NSW 2001. You can also request us to consider

correcting your Personal Information, or make a

complaint to us about our management of your

Personal Information by contacting us in this way.

Our Privacy Policy contains information on how

you can complain about a breach of the Australian

Privacy Principles or the Credit Reporting Privacy

Code of which we are bound and how we will deal

with your complaint. Our Privacy Policy can be

obtained on our website, by attending one of our

branches and asking the staff or by writing to our

Privacy Officer.

Members of the HSBC Group would like to contact

you from time to time with various product offers

and special promotions. This may happen via mail,

telephone, or electronic communications including

e-mail or short message service (SMS). Likewise, If you

do not wish to receive this information, you may tell us

by telephoning us on 1300 308 008 or writing to us at

Marketing Department, HSBC Bank Australia Limited,

GPO Box 5302, Sydney NSW 2001.

Schedule A - COLLECTION AND USE OF

CUSTOMER INFORMATION - TERMS AND

CONDITIONS

DEFINITIONS

Capitalised terms used in this clause shall have the

following meanings:

“Authorities” includes any judicial, administrative, public

or regulatory body, any government, any Tax Authority,

securities or futures exchange, court, central bank or law

enforcement body, or any of their agents with jurisdiction

over any part of the HSBC Group.

“Compliance Obligations”means obligations of the HSBC

Group to comply with: (a) Laws or international guidance

and internal policies or procedures, (b) any demand from

Authorities or reporting, disclosure or other obligations

under Laws, and (c) Laws requiring us to verify the

identity of our customers.

“Connected Person” means a person or entity (other than

you) whose information (including Personal Data or Tax

Information) you provide, or which is provided on your

behalf, to any member of the HSBC Group or which is

otherwise received by any member of the HSBC Group in

connection with the provision of the Services. A Connected

Person may include, but is not limited to, any guarantor,

a director or officer of a company, partners or members

of a partnership, any “substantial owner”, “controlling

person”, or beneficial owner, trustee, settler or protector of

a trust, account holder of a designated account, payee of a

designated payment, your representative, agent or nominee,

or any other persons or entities with whom you have a

relationship that is relevant to your relationship with the

HSBC Group.

“Controlling persons” means individuals who exercise

control over an entity. For a trust, these are the settler,

the trustees, the protector, the beneficiaries or class of

beneficiaries, and anybody else who exercises ultimate

effective control over the trust, and for entities other than a

trust, these are persons in equivalent or similar positions of

control.

“Customer Information” means your Personal Data,

confidential information, and/or Tax Information or that of

a Connected Person.

“Financial Crime” meansmoney laundering, terrorist

financing, bribery, corruption, tax evasion, fraud, evasion

of economic or trade sanctions, and/or any acts or attempts

to circumvent or violate any Laws relating to these matters.

“We”, “our” and “us” refer to HSBC Bank Australia

Limited

“HSBC Group” means HSBC Holdings plc, its affiliates,

subsidiaries, associated entities and any of their branches

and offices (together or individually), and “member of the

HSBC Group” has the same meaning.

“Laws” include anylocal or foreign law, regulation,

judgment or court order, voluntary code, sanctions regime,

agreement between any member of the HSBC Group and

an Authority, or agreement or treaty between Authorities

and applicable to HSBC or a member of the HSBC Group.

“Personal Data” means any information relating to an

individual (and corporate entities, in those countries where

data privacy law applies to corporates), from which they

can be identified.

“Services” includes (a) the opening, maintaining and

closing of your bank accounts, (b) providing you with

credit facilities and other banking products and services,

processing applications, credit and eligibility assessment,

and (c) maintaining our overall relationship with you,

including marketing services or products to you, market

research, insurance, audit and administrative purposes.

“Substantial owners” means any individuals entitled to

more than 10% of the profits of or with an interest of more

than 10% in an entity either directly or indirectly.

“Tax Authorities” means UK or foreign tax, revenue or

monetary authorities (for example, Her Majesty’s Revenue

and Customs).

“Tax Certification Forms” means any forms or other

documentation as may be issued or required by a Tax

Authority or by us from time to time to confirm your tax

status or the tax status of a Connected Person.

“Tax Information” means documentation or information

about your tax status and the tax status of any owner,

“controlling person”, “substantial owner” or beneficial

owner.

Reference to the singular includes the plural (and vice

versa).

67

1. COLLECTION, PROCESSING AND

SHARING OF CUSTOMER INFORMATION

These clauses 1-5 explain how we will use your

information and that of Connected Persons. By using the

Services, you agree that we and members of the HSBC

Group shall use Customer Information in accordance with

such clauses.

Customer Information will not be disclosed to anyone

(including other members of the HSBC Group), other than

where:

• We are legally required to disclose;

• We have a public duty to disclose;

• Our [or a third party’s] legitimate business

purposes require disclosure;

• The disclosure is made with your consent; or

• It is disclosed as set out in this clause.

COLLECTION

1.1. We and other members of the HSBC Group may

collect, use and share Customer Information (including

relevant information about you, your transactions,

your use of our products and services, and your

relationships with the HSBC Group). Customer

Information may be requested by us or on our behalf

or that of the HSBC Group, and may be collected from

you directly, from a person acting on your behalf,

from other sources (including from publicly available

information), and it may be generated or combined

with other information available to us or any member

of the HSBC Group.

PROCESSING

1.2. Customer Information will be processed, transferred

and disclosed by us and/or members of the HSBC

Group in connection with the following Purposes:

a. the provision of Services and to approve, manage,

administer or effect any transactions that you

request or authorise,

b. meeting Compliance Obligations,

c. conducting Financial Crime Risk Management

Activity,

d. collecting any amounts due and outstanding from

you,

e. conducting credit checks and obtaining or

providing credit references,

f. enforcing or defending our rights, or those of a

member of the HSBC Group,

g. for our internal operational requirements or those

of the HSBC Group (including credit and risk

management, system or product development

and planning, insurance, audit and administrative

purposes),

h. maintaining our overall relationship with you

(including marketing or promoting financial

services or related products and market research),

and/or

i. for those other purposes mentioned in HSBC’s

and elsewhere in these terms and conditions. (the

“Purposes”).

SHARING

1.3. By using the Services, you agree that we may, as

necessary and appropriate for the Purposes, transfer

and disclose any Customer Information to the

following recipients globally (who may also process,

transfer and disclose such Customer Information for

the Purposes):

a. any member of the HSBC Group;

b. any sub-contractors, agents, service providers, or

associates of the HSBC Group (including their

employees, directors and officers);

c. any Authorities, in response to their requests;

d. persons acting on your behalf, payment recipients,

beneficiaries, account nominees, intermediary,

correspondent and agent banks, clearing

houses, clearing or settlement systems, market

counterparties, upstream withholding agents, swap

or trade repositories, stock exchanges, companies

in which you have an interest in securities (where

such securities are held by us for you);

e. any party to a transaction acquiring interest in,

or assuming risk in, or in connection with, the

Services;

f. other financial institutions, credit reference

agencies or credit bureaus, for the purposes of

obtaining or providing credit references;

g. any third party fund manager who provides asset

management services to you;

h. any introducing broker to whom we provide

introductions or referrals;

i. in connection with any HSBC business transfer,

disposal, merger or acquisition;

j. for those other purposes mentioned in HSBC’s

and elsewhere in these terms and conditions.

Wherever located, including in jurisdictions which do not

have data protection laws that provide the same level of

protection as the jurisdiction in which the Services are

supplied.

YOUR OBLIGATIONS

1.4 You agree to inform us promptly, and in any event,

within 30 days in writing if there are any changes to

Customer Information supplied to us or a member of

the HSBC Group from time to time, and to respond

promptly to any request from us or a member of the

HSBC Group.

1.5. You confirm that every Connected Person/person

whose information (including Personal Data or Tax

Information) you have provided to us or a member

of the HSBC Group has (or will at the relevant time

have) been notified of and agreed to the processing,

disclosure and transfer of their information as set out

in these Terms. You shall any such individuals that

they have rights of access to, and correction of, their

Personal Data.

1.6. Where:

• you fail to provide promptly Customer

Information that we reasonably requested, or

• you withhold or withdraw any consents that

we may need to process, transfer or disclose

Customer Information for the Purposes (except for

purposes connected with marketing or promoting

products and services to you), or

• we have, or a member of the HSBC Group has,

suspicions regarding Financial Crime or an

associated risk,

we may:

a. be unable to provide new, or continue to provide all

or part of the, Services to you [and reserve the right

to terminate our relationship with you];

b. take actions necessary for us or a member of the

HSBC Group to meet the Compliance Obligations;

and/or

c. block, transfer or close your account(s) where

permitted under local Laws.

In addition, if you fail to supply promptly your, or a

Connected Person’s, Tax Information and accompanying

statements, waivers and consents, as may be requested,

then we may make our own judgment with respect to

your status, including whether you are reportable to a Tax

Authority, and may require us or other persons to withhold

amounts as may be legally required by any Tax Authority

and paying such amounts to the appropriate Tax Authority.

2. DATA PROTECTION

2.1 Whether it is processed in a home jurisdiction

or overseas, in accordance with data protection

legislation, Customer Information will be protected

by a strict code of secrecy and security which all

members of the HSBC Group, their staff and third

parties are subject to.

2.2 Under relevant data protection legislation, you have the

right to request copies of certain categories of Personal

Data which may be held and to request that any errors

in such data are corrected.

3. FINANCIAL CRIME RISK MANAGEMENT

ACTIVITY

3.1 We, and members of the HSBC Group, are required,

and may take any action to meet Compliance

Obligations relating to or in connection with the

detection, investigation and prevention of Financial

Crime (“Financial Crime Risk Management Activity”).

Such action may include, but is not limited to: (a)

screening, intercepting and investigating any instruction,

communication, drawdown request, application for

Services, or any payment sent to or by you, or on your

behalf, (b) investigating the source of or intended recipient

of funds (c) combining Customer Information with other

related information in the possession of the HSBC Group,

and/or (d) making further enquiries as to the status of a

person or entity, whether they are subject to a sanctions

regime, or confirming your identity and status.

3.2 Exceptionally, our Financial Crime Risk Management

Activity may lead to us delaying, blocking or refusing

the making or clearing of any payment, the processing

of your instructions or application for Services or the

provision of all or part of the Services. To the extent

permissible by law, neither we nor any other member

of HSBC Group shall be liable to you or any third

party in respect of any loss (however it arose) that was

suffered or incurred by you or a third party, caused in

whole or in part in connection with the undertaking of

Financial Crime Risk Management Activity.

4. TAX COMPLIANCE

You acknowledge that you are solely responsible for

understanding and complying with your tax obligations

(including but not limited to, tax payment or filing of

returns or other required documentation relating to the

payment of all relevant taxes) in all jurisdictions in

which those obligations arise and relating to the opening

and use of account(s) and/or Services provided by us

and/or members of the HSBC Group. Each Connected

Person acting in their capacity as a Connected Person

(and not in their personal capacity) also makes the

same acknowledgement in their own regard. Certain

countries may have tax legislation with extra-territorial

effect regardless of your or Connected Person’s place of

domicile, residence, citizenship or incorporation. Neither

we nor any member of the HSBC Group provide tax

advice. You are advised to seek independent legal and/

or tax advice. Neither we nor any member of the HSBC

Group have responsibility in respect of your tax obligations

in any jurisdiction which they may arise including any that

may relate specifically to the opening and use of account(s)

and/or Services provided by us and/or members of the

HSBC Group.

5. MISCELLANEOUS

5.1. In the event of any conflict or inconsistency between

any of these Terms and those in any other service,

product, business relationship, account or agreement

between you and us, these Terms shall prevail. Any

consents, authorisations, HSBC requested waivers and

permissions that already exist from you in relation

to Customer Information shall continue to apply in

full force and effect, to the extent permissible by

applicable local law.

5.2. If all or any part of the provisions of these Terms

become illegal, invalid or unenforceable in any respect

under the law of any jurisdiction, that shall not affect

or impair the legality, validity or enforceability of such

provision in any other jurisdictions or the remainder of

these Terms in that jurisdiction.

72

6. SURVIVAL UPON TERMINATION

These Terms shall continue to apply notwithstanding their

termination, any termination by us or a member of the

HSBC Group of the provision of any Services to you or the

closure of any account.

73

For more information please contact:

 Premier Credit Cards 1300 301 168

 Platinum Credit Cards 1800 100 287

 Other Credit Cards 132 152

 Car/Personal Loans 132 978

 All other product enquiries 132 152

hsbc.com.au

or visit any HSBC branch

Credit provided by HSBC Bank Australia Limited ABN 48 006 434 162 Australian

Credit Licence 232595. HBAA525VCC (R18) 12/13