• End User License Agreement


    Please read all of this Agreement.

    This App is provided by HSBC Technology & Services (USA) Inc. ("HTSU"). This End User License Agreement ("Agreement") is an agreement between you and HTSU and applies to your use of the App and related technology provided by HTSU. HTSU provides you with this App to enable you to access financial services offered by the HSBC Group company that you bank with ("your Bank"). Your Bank will also provide you with terms and conditions that apply to your use of this App ("Country Terms and Conditions") once you have accepted this Agreement.

    If the Country Terms and Conditions and this Agreement conflict, the Country Terms and Conditions will apply.

    Portions of the App utilize open source software. You can access more details as follows:

    i) when using the App on your iPhone/iPad please access the Settings menu on your device;

    ii) when using the App on other platforms please access the Information section contained within the App.

    Before using this App, you should read this Agreement and the Country Terms and Conditions carefully.

    By clicking "I Accept" you agree to the terms of this Agreement, our Privacy Policy, and our Cookie Policy.

    1. HTSU, not Apple, Google Inc., Microsoft Inc. or Blackberry is responsible for the App and its content.

    2. The financial services available through the App are provided by your Bank. HTSU does not offer financial services or products and by providing you with this App HTSU does not offer you any products or services.

    3. Data charges (including roaming charges) from your mobile service provider may apply. You are responsible for these charges.

    4. You must not use this App on any device or operating system that has been modified outside the mobile device or operating system vendor supported or warranted configurations. This includes devices that are "jail-broken" or "rooted". For the purposes of this Agreement, a jail-broken or rooted device means one that has been freed from the limitations imposed on it by your mobile service provider and the phone manufacturer without their approval.

    5. You agree that neither Apple, Google Inc., Microsoft Inc. nor Blackberry are under any obligation to provide any maintenance and support services for the App.

    6. No Guarantees

    6.1 This App is provided "as is" with no representation, guarantee or agreement of any kind as to its functionality. We cannot guarantee that access to the App will be uninterrupted or that there will be no delays or failures. We cannot also guarantee that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your mobile device. You are responsible for adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties. We are not responsible if you incur any loss as a result of any of the matters set out in this clause 6.

    6.2 We are not responsible for any third party software that may be used in connection with the App.

    7. Links To Third Party Sites or Content

    7.1 By providing hyperlinks within the App we do not endorse and are not responsible for any linked websites. We recommend that you view the linked website's terms, privacy and cookie policy pages to understand how use of that website may affect you. We are not responsible for the accuracy, timeliness or the continued availability or the existence of content, hyperlinks, or third party websites or pages linked to the App.

    7.2 The App may offer access to news services, market analysis, financial planning tools or other information provided by third parties. We do not control, cannot guarantee, and are not responsible for, the accuracy, timeliness or even the continued availability or existence of such content.

    7.3 Certain services, including the HSBC ATM/Branch finder and Offers and Rewards, use information about your physical location sent from your mobile device (e.g. GPS signals).

    7.4 If you use these services, you consent to us, our partners and licensees, and Google accessing, monitoring, transmitting, collecting, maintaining, disclosing, processing and using your location data to enable us and Google to provide the relevant functionality in accordance with the terms and conditions and privacy policy of this App and those of Google.

    7.5 You will be asked to consent to the use of location services when you download the App, or, for iOS devices, the first time you use the HSBC ATM/Branch finder tool.

    7.6 You may withdraw this consent at any time by turning off the location services settings on your mobile device.

    7.7 Access to Google Maps /Google Earth APIs through the App is subject to separate Google terms and conditions available at:

    Maps Terms – http://maps.google.com/help/terms_maps.html

    Legal Notices – http://www.google.com/enterprise/earthmaps/legal/us/maps_AUP.html

    AUP - http://maps.google.com/help/legalnotices_maps.html

    7.8 You acknowledge and agree that HSBC has no control over the content of Google Maps.

    8. Trade Marks and Copyright

    8.1 "HSBC" is a trademark of the HSBC Holdings plc and all rights in and to HSBC vest in HSBC Holdings plc. You may not use or reproduce the HSBC trademark, logo or brand name. Copyright in the pages, screens, information, and all material in their arrangement, included in the App is owned by or licensed to us or the HSBC Group unless otherwise noted.

    8.2 You may not use the App for any purpose which is unlawful, abusive, libelous, obscene or threatening.

    8.3 Apple, Google Inc., Microsoft Inc., Blackberry, any mobile telephone network provider and any intermediary making the App available for download will not have any responsibilities or obligations to you in relation to the App.

    8.4 HTSU will be responsible for any claims from you or a third party relating to the App or its possession or use, including alleged breaches of a third party's intellectual property rights, product liability claims, compliance with legal or regulatory requirements and consumer protection claims.

    9. Responsibilities

    9.1 You are responsible for all claims, damages and costs arising from:

    (i) your use of the App,

    (ii) our reliance on information you have provided,

    (iii) any breach by you of this Agreement, of any intellectual property or other right of any person or entity.

    10. Miscellaneous

    10.1 You confirm that:

    (i) you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and

    (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Lists of these countries and parties may be found at www.state.gov and www.treasury.gov.

    10.2 We may occasionally allow you extra time to comply with your obligations or decide not to exercise some of our rights. However, we can still insist on the strict application of this Agreement later on.

    10.3 All notices to HTSU, questions or complaints must be addressed to and sent in writing to your Bank.

    10.4 We may transfer all or any of our rights under this Agreement to a company affiliated with us or to any other party. You may not transfer your rights or obligations under this Agreement to anyone else.

    10.5 If for any reason a court of competent jurisdiction finds any provision or portion of the Agreement to be unenforceable, the remainder of the Agreement will continue in full force and effect.

    11. Variation

    11.1 We may change the terms of this Agreement and will provide you with notice before the changes take effect as follows:

    (i) if your Bank is located within the European Union or Malaysia, personally (for example by e-mail, SMS, by a message within the App or by a message within a HSBC internet banking service that you are registered for), at least 2 months before the changes take effect, or

    (ii) if your Bank is located outside of the European Union or Malaysia, by way of a notice on our App support site http://hsbc.mobi).

    12. Termination

    12.1 We may end this Agreement immediately if:

    (i) You have seriously or persistently broken any of the terms of this Agreement or the Country Terms including where you are, or we reasonably suspect you have committed fraud; you were not entitled to download the App; we have reasonable grounds for believing you have committed or are about to commit a crime in connection with your bank account; or if you have not satisfied any anti-money laundering requirements.

    (ii) If the App is withdrawn by Apple, Google Inc., Microsoft Inc. or Blackberry.

    (iii) if we reasonably consider that by continuing the contract:

    (iv) if we may break a law, regulation, code, court order or other duty; or

    (v) if we, or another HSBC Group company, may be exposed to action or censure from any government, regulator or law enforcement agency.

    12.2 We will notify you personally immediately after we have terminated the Agreement. This can include SMS, a message when you log onto the App, by post, by e-mail, by secure e-message, by a message on your statement, or in any other way that will be sent to you individually.

    12.3 We may end this Agreement for any other reason by giving you at least two months’ personal notice. This may happen if, for example, we replace the App.

    12.4 You can end this Agreement at any time by deleting the App from your mobile device.

    13. Jurisdiction

    13.1 This Agreement is governed by the same laws as the terms and conditions that apply to the financial products you access using this App.

    Glossary

    "App" means an application that runs on a mobile operating system including, for example, Apple iOS or Android.

    "HSBC Group" or "HSBC Group Member" means HSBC Holdings plc, its subsidiaries and affiliated companies.

    "HTSU" means HSBC Technology & Services (USA) Inc. which is a Delaware corporation located at 26525 North Riverwoods Boulevard, Mettawa, Illinois, 60045.

    "we," "us" or "our" means HTSU.

    "you", "your" and "yours" mean the person(s) downloading the App.

    "your Bank" means the HSBC Group company that you bank with, whose financial services you can access through the App.

    HSBC Technology & Services (USA) Inc. Privacy Policy and Cookie Policy

    The purpose of this Mobile App is to provide you a mechanism which will enable you to access the financial services offered by your Bank.

    To help us determine whether you have accepted this Agreement, we use "cookies." Cookies are small files that our web server places on your mobile device that allow us to identify your acceptance of this Agreement.

    HTSU does not gather any information from you, store any information related to you or provide any information about you to nonaffiliated third parties. Please review your Bank’s Privacy Policy and Cookie Policy with regard to its collection and use of information.

    Data Treasury Corporation (DTC) License

    HTSU is licensed by DTC under U.S. Patent Nos. 5,910,988; 6,032,137; 5,717,868; 5,583,759; 5,930,778; 5,774,663; 5,787,403; 5,899,982; 6,594,647; 6,341,272; 5,974,146 and 6,182,052