Terms of use


Please read the details set out below carefully before using this website (“Site”). By accessing this Site, you agree to be bound by the following terms and conditions, important notes and disclaimers (“Terms”).

References to 'you', 'your' and 'yours' are references to the person(s) accessing the Site.

References to 'HSBC' 'we', 'us' and 'our' are references to HSBC Bank plc, Johannesburg Branch and/or HSBC Securities (South Africa) Pty Ltd (as applicable).

References to the HSBC Group are references to HSBC Holdings plc, its subsidiaries and its associated companies.

Terms

All our products and services, and those of other members of the HSBC Group, are subject to the terms and conditions and disclaimers of the applicable agreement governing their use. These Terms are to be read by you together with any terms, conditions and disclaimers provided in the pages of the Site. In the event of any conflict, the terms, conditions and disclaimers provided in the pages of the Site shall prevail over these Terms.

The information, material and content provided in the pages of the Site may be suspended, withdrawn or changed at any time without notice. Changes may be made to the Terms at any time without notice by updating this posting. You agree to review the Terms regularly and your continued access to or use of the Site will mean that you agree to any changes.

No offer

Neither the information, nor any opinion contained in our Site constitutes an offer to sell or solicitation or an offer to buy any securities or financial instruments or any advice or recommendation with respect to such securities or other financial instruments. Before making any decision or taking any action that might affect your personal finances or business, you should always consult a suitably qualified professional advisor.

Users

The Site is currently intended for those who access it from within South Africa. Because of this we cannot guarantee that the Site or the information thereon complies or is appropriate for use in other places. People accessing the Site from outside South Africa are required to inform themselves about and observe any relevant restrictions. You are wholly responsible for use of the Site by any person using your computer and you must ensure that any such person complies with these Terms.

No warranties

The contents of the Site are distributed to you without any warranty of any kind. We and the other members of the HSBC Group disclaim any and all warranties.

Information on the Site is provided on an “as is”, “as available” basis and we do not give or make any warranty or representation of any kind, whether express, implied or statutory in respect of such information. Your use of the Site is at your sole risk. We do not warrant and are not responsible for the accuracy, adequacy, completeness or timeliness of the information, material or the error free use of the site. We do not represent or warrant that the Site will be available or that it will meet your requirements, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have sole responsibility for adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties.

We make no representations or warranties regarding the accuracy, functionality or performance of any third party software that may be used in connection with the Site.

Exclusion of Liability

In no event shall we or any other members of the HSBC Group be liable for any damages, losses or liabilities (whether arising in contract, tort or otherwise) including, without limitation, direct or indirect, special, incidental, consequential damages, losses or liabilities (whether in respect of loss of profits, business, opportunity, data or otherwise), in connection with your use of the Site or your reliance on or use of or inability to use the information, products and services on the Site or in connection with any failure or performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if you advise us of the possibility of such damages, losses or expenses.

Third party sites and warranties

Where we provide hypertext links to other locations on the Internet, we do so for information purposes only. We are not responsible for the content of any other websites or pages linked to or linking to the Site. We have not verified the content of any such websites. Following links to any other websites or pages shall be at your own risk and we shall not be responsible or liable for any damages or in other way in connection with linking. Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the licence agreement, if any, which accompanies or is provided with the software.

No endorsement or approval of any third parties or their advice, opinions, information, products or services is expressed or implied by any information on the Site.

Internet e-mail

Messages sent over the Internet cannot be guaranteed to be completely secure as they are subject to possible interception, monitoring, loss or alteration. We are not responsible for them and will not be liable to you or anyone else for any damages or otherwise in connection with any message sent by you to HSBC or any message sent by HSBC to you over the Internet.

Trade marks and copyright

Copyright in the pages screens, information and material and in their arrangement included in this Site is owned by or licensed to HSBC unless otherwise noted. We reserve all copyright, trademark, patent, intellectual and other property rights in the information and materials contained in the Site. No express or implied licence is granted in this respect.

You may imprint, copy, download or temporarily store extracts from our Site for your personal information or when you use our products and services. You must not alter anything. Any other use is prohibited unless you first get our written permission. In particular no one may use a part of our Site on any other website, or link any other website to our Site, without our prior written permission. HSBC is a trademark of HSBC Holdings plc and all rights in and to HSBC vest in HSBC Holdings plc. Other than as provided above you may not use or reproduce the HSBC trademark, logo or brand name. The content from a third party provider available on or through the site may also not be duplicated, distributed, published, transferred, transmitted, copied, altered, sold or otherwise misused. You must comply with all terms disclosed to you as required from time to time by any third party supplier of data or services to the site or any local site, including but not limited to, where necessary, entering into a direct agreement with such third party in respect of your use of their data.

Data protection

You agree that we may as a result of your interaction with the Site hold and process personal information obtained about you when you access the Site and use it for making lending decisions and servicing our relationship with you, for the purposes of fraud prevention, audit and debt collection, to identify products and services which may be relevant to you from both within the HSBC Group and those of selected third parties, to evaluate the effectiveness of our marketing of the Site and for statistical analysis. You agree that we may pass this information to other members of the HSBC Group so that they may do the same and so that services may be processed for us (in South Africa and abroad) and they may pass information held by them about you to us so that we may do these things. We will not disclose any such information outside of the HSBC Group except for fraud prevention purposes, or if required/obliged by law or a regulator, or it is in the public interest, or it is in our interest (e.g. to protect us from or to recover loss), or under a strict code of secrecy to sub-contractors or persons acting as our agents.

You also agree that we may in connection with the above and the provision of the Site transfer your personal data to countries outside South Africa, which may not provide the same level of protection for personal data as within South Africa. However, all personal data wherever it is held in the HSBC Group or by its sub-contractors or agents will be afforded a high level of protection against any unauthorised or accidental disclosure, access or deletion. By agreeing to these Terms you agree to such data being so used and that it may be transmitted to others as stated above.

In order to provide a better service and a more effective web site, we use “cookies” as part of interaction with your browser. A “cookie” is information sent from a web visitor's computer during a visit to the site. Cookies may enable us to track how a visitor navigates through the site. Information gathered may include date and time of visits, pages viewed, time spent at the site, and the site visited just before and after the HSBC site. An individual is not identified unless he she voluntarily gives us personal identification online. This information is not sold to or shared with unaffiliated third parties for their independent marketing purposes.

Please refer to our Privacy statement.

Your use of the Site

You may not use the Site for any purpose which is unlawful, abusive, libellous, obscene or threatening.

Important Notes

The Terms include the Important Notes set out below. You should read them.

The information in this Site is based on our understanding of current law and South African Revenue Service (SARS) practice at the time of going to press. Future changes in legislation, tax levels and practice could affect the information in this Site. The information in this Site is based on our understanding of current law and SARS practice at the time of going to press. Future changes in legislation, tax levels and practice could affect the information in this Site.

To ensure that we carry out your instructions accurately, to help us to continually improve our service and in the interest of security, we may monitor and/or record your telephone calls with us. All recordings are our sole property.

With any investment related to stocks and shares it is possible that its value may fall below the amount originally invested as the price of units and the income from them can go down as well as up. This may also happen as a result of changes in the rate of exchange where overseas securities are held. Also past performance is no guarantee of future performance. Because of the difference between the buying and selling price of units/shares which will particularly impact on the value of your investment in the short term, you should regard unit trusts, Open Ended Investment Companies ("OEICS"), and life assurance bonds as medium to long-term investments.

With variable investment rates, any interest payable will alter from time to time. This means that when the interest rate rises, the interest you receive will increase, but it will become less when the interest rate falls. Further information and written details about our product and services are available from any of our branches.

We may contact you by phone, post or other means with information about the services of the HSBC Group we feel may be of interest to you. If you would prefer not to receive marketing promotions and hold an account with us please contact your branch.

Governing law

The Terms are governed by and interpreted in accordance with the laws of South Africa and the courts of the above jurisdiction will have non-exclusive jurisdiction in respect of any dispute which may arise in connection with the Terms of your use of the Site.

Domicilium/Information

For purposes of communication and receipt of all notices, demands and documentation we choose the following domicilium:

HSBC Bank plc is incorporated under the laws of England and Wales with , registration number 14259 and is registered in South Africa as a branch under the Banks Act, 1990 and an external company under the Companies Act 2008 with registration number 2003/004613/10. HSBC Bank plc Johannesburg Branch is Authorised Financial Services Provider (FSP Number 43940).

HSBC Securities (South Africa) Pty Ltd is incorporated in South Africa under the Companies Act 2008 with registration number 1999/010899/07. HSBC Securities (South Africa) Pty Ltd is a member of the Johannesburg Stock Exchange.

Principal place of Business:1 Mutual Place, 107 Rivonia Road, Sandton, 2196, South Africa.