Professional Documents
Culture Documents
Credit Card Terms
Credit Card Terms
to know about
your HSBC
Credit Card
effective 1 March 2009
Visa Credit Cards
Customer Service Centre
Call
132 152
Monday to Friday 8am-9pm (EST)
9am-6pm (EST)
Conditions of Use
1. Meaning of words......................................................................3
2. Activating your card and agreeing to these
Conditions of Use......................................................................8
3. Application of codes of practice................................................9
4. Privacy......................................................................................10
5. Additional cardholders.............................................................11
6. Cards........................................................................................12
7. Linked accounts.......................................................................12
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..........................................................................17
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............................21
14. Liability for other unauthorised transactions...........................24
15. Electronic banking system malfunction..................................24
16. Resolving disputes...................................................................24
17. Cancellation and return of the card.........................................27
18. Payment on cancellation..........................................................27
19. Changes....................................................................................28
20. Limits........................................................................................29
21. Annual percentage rates and interest charges..........................32
22. What you must pay..................................................................34
23. Fees and charges......................................................................36
24. Using your account..................................................................38
25. Using the Credit Cards Phone Banking or
Credit Cards Online services provided by us..........................39
26. What happens if you breach this contract...............................40
Bpay payments .....................................................................40
27.
28. Consequential Damage and Indemnity Bpay Scheme..........43
29. Chargeback Information...........................................................44
30. Commissions............................................................................44
31. If we take security over your deposit with us..........................44
32. Special promotions...................................................................45
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33. General matters.........................................................................45
Information Statement....................................................................50
Things you should know about your proposed credit contract.........50
The contract.......................................................................................50
Insurance............................................................................................52
General...............................................................................................53
Direct Debit Request Service Agreement......................................54
Preamble.............................................................................................54
Definitions..........................................................................................54
1. Debiting your account..............................................................56
2. Changes by us..........................................................................56
3. Changes by you........................................................................56
4. Your obligations......................................................................56
5. Disputes....................................................................................57
6. Accounts..................................................................................58
7. Confidentiality and privacy.....................................................58
8. Notice.......................................................................................59
Privacy Consent and Declaration...................................................59
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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.
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EFT Code means the Electronic Funds Transfer Code
of Conduct.
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.
e lectronic 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.
ST means a tax payable under the GST law, as
G
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.
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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.
o pening 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.
o verseas 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.
IN means a personal identification number or word
P
(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.
p urchase 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.
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.
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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.
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
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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.
u npaid 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.
y ou or your means the person named as Borrower in the
schedule.
The singular includes the plural and vice versa.
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 cardholders access to, and operation
of your account is governed by the relevant provisions
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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 cardholders 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.
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.
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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
users knowledge and consent.
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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;
(c) do not keep a record of the PIN in a way in 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.
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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;
(c) recording the memorable word or PIN as a string 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
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(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.
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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).
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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 merchants 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.
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12.3 Money is at your risk from when it becomes visible or
available to a user at an ATM.
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.
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(a) the users fraud;
(b) voluntarily disclosing the PIN or identification
reference and memorable word to anyone,
including a family member or friend;
(c) writing or indicating the PIN or identification
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 users
birthday or a recognisable part of the users name; or
(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:
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(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;
(c) that portion of the losses incurred on any 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 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;
(b) the balance (including any prearranged credit) of
the account or the linked account from which value
was transferred in the unauthorised transaction;
(c) the actual loss at the time we are notified of 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.
13.6 Notwithstanding any of the provisions contained in this
clause, your liability will not exceed your liability under
the EFT Code.
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14. Liability for other unauthorised transactions
If, in cases not involving EFT transactions, a card is
used without a users 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.
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 users 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 users 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 users 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.
IMPORTANT NOTICE
16.1 If a user has a complaint concerning matters
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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 users 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;
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(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;
(c) inform the user in writing of when a decision 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 users 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 merchants 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
EFT 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.
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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.
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(a) pay the total amount owing;
(b) pay any amounts debited at any time which are
incurred after the time of cancellation; and
(c) cancel all authorities to institutions to debit your
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
(c) change the amount, frequency or time for 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.
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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.
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.
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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
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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;
(c) we may require you to pay us on demand the 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.
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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.
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(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.
(c) for each day in the statement period, applying 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).
34
(b) by direct debit from approved accounts;
(c) by posting a cheque together with the applicable
portion of the statement to us;
(d) by Bpay through your participating financial
35
How we deal with payments
22.10 If you do not specify in writing to which account a
payment relates or to which entity a payment is being
made, we may allocate your payment in any way we
think fit; in particular:
(a) we may allocate all or part of a payment to any
account, including your account you have with us; or
(b) any account which you have with an entity
associated with us.
22.11 We may allocate payments we receive from you to pay
the total amount owing in any order we think fit.
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.
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
36
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.
(c) Regardless of whether or not we provide you with
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
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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;
(c) to advise us in writing, within 14 days of the 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.
38
(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).
39
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;
(c) cancel or suspend your membership of the 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 Consumer
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.
40
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.
Processing payments
27.2 Generally, a Bpay payment will be treated as received
payment where:
(a) there is a public or bank holiday on the day after we
are told to make a Bpay payment; or
41
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
42
number and such information as is reasonably required
to investigate the Bpay payment. If you do not give us
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
be processed by us.
Indemnity
28.3 y ou 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:
43
(i) did not observe any of the obligations under; or
(ii) acted negligently or fraudulently in connection
with these Conditions of Use.
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.
44
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.
Adjustments
33.2 W
e 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).
45
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.
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.
46
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.
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 Consumer 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
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Sydney, New South Wales. You and we submit to the
nonexclusive jurisdiction of the courts of that place.
Your address
ou must tell us promptly by calling 132 152 if you
Y
change your residential and/or postal address.
49
(c) Neither we nor any member of the group will be
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.
Information statement
51
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:
y ou 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.
y ou 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
a ny 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 could apply
to the court. Contact the Government Consumer
Agency or get legal advice on how to go about this.
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.
52
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.
General
15. 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, for example:
to extend the term of the contract and either reduce
the amount of each payment accordingly or defer
payments for a specified period; or
to simply defer payments for a specified period.
Definitions
ccount means the account held at your financial institution
a
from which we are authorised to arrange for funds to be
debited.
Act means the Privacy Act 1988 (Cth).
greement means this Direct Debit Request Service
a
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/or
(ii) by authorising us in a telephone call where you were
identified using the standard caller identification process.
54
usiness day means a day other than a Saturday or a Sunday
b
or a public holiday listed throughout Australia.
debit day means the day that payment by you to us is due.
ebit payment mean a particular transaction where a debit is
d
made.
irect debit request means the Direct Debit Request between
d
us and you.
irect debit system means the Bulk Electronic Clearing
d
System.
FT Code means the Electronic Funds Transfer Code of
E
Conduct.
GST means a tax payable under the GST law, as defined in A
New Tax System (Goods and Services Tax) Act 1999 (Cth).
ersonal information means any information (including any
p
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.
rivacy and related law means the Act including the National
p
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.
rivacy policy means our Privacy Policy which can be
p
obtained by contacting us at the Credit Card Customer Service
Centre, or contacting our Privacy Officer on
1300 308 008, or by visiting any HSBC branch.
s ignature includes any electronic method permitted by
applicable law at the relevant time to be used to identify
a person and to indicate the persons approval of the
information communicated in a document, in a manner
binding on that person.
s tandard caller identification process is the process which we
adopt from time to time to identify you.
s and we and ours means HSBC Bank Australia Limited
u
ABN 48 006 434 162, who you have authorised by approving
a direct debit request.
y ou and your means the customer who signed the direct debit
request.
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y our financial institution is the financial institution where you
hold the account that you have authorised us to arrange to debit.
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 ou may also cancel your authority for us to debit your
Y
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
56
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
(c) you must arrange for the debit payment to be 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.
57
5.3 I f 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
(c) with your financial institution before completing
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.
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.
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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 to 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
where you are in default), or to whom it may
assign your credit card;
debt collection agencies;
your insurers;
any Authorised Signatory; 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 and their advisers.
(b) HSBC will also conduct periodic reviews of your
credit arrangements after HSBC has provided you
with a HSBC credit card. To do this, HSBC will
give your Personal Information to, and obtain a
credit report from, a credit reporting agency. You
authorise HSBC, and any other Recipient which is
a credit provider or deemed to be a credit provider
in respect of you, to obtain a consumer credit
report, together with any other reports in respect of
your credit worthiness, for this purpose.
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For more information please contact:
Premier Credit Cards 1300 301 168
Platinum Credit Cards 1800 100 287
Gold Credit Cards 1800 100 286
Other Credit Cards 132 152
Car/Personal Loans 132 978
All other product enquiries 1300 308 880
www.hsbc.com.au
or visit any HSBC branch
HBAA525VCC (R10) 01/09