TERMS AND CONDITIONS

The use of SMS Alert Service made available by HSBC Bank Middle East Limited to its customers shall at all times be governed by the following Terms & Conditions.

In these Terms & Conditions the reference to “we” shall mean HSBC Bank Middle East Limited and the reference to “you” shall mean you the customer.

We will from time to time determine or specify at our discretion the scope and features of the SMS Alert Service and are entitled to modify, expand or reduce the same at any time upon notice to you.

The SMS Alert Service may, without prior notice to you, be suspended or terminated by us for any reason whatsoever, including, without limitation, invalid data, closure of related account(s), breakdown, maintenance, modification, expansion and/or enhancement work caused or initiated by the telecommunications company (s) concerned in relation to their network or by any service provider in respect of the SMS Alert Service. We will not assume any liability or responsibility for any such suspension or termination. The SMS Alert Service may be terminated at any time by notice from you to us in the form of an application form (available at any of our branches). Any such termination shall be effective within [2] days of receipt of the termination notice by us.

You acknowledge that any information received by you under the SMS Alert Service is for information only, and shall not be taken as conclusive evidence of the matter to which it relates.

You shall promptly notify us of any changes to information provided to us related to or for the purposes of the SMS Alert Service including the details of your designated mobile phone number and the telecommunications company providing or servicing it. In addition, you shall promptly inform us of any loss or theft of your mobile phone by calling 800 4525 (within the UAE) and (+9714) 227 4310 (outside the UAE). We shall not be liable for any loss or claim resulting from the relaying of any information pursuant to the SMS Alert Service to the designated mobile phone number prior to receipt of any notification of loss or theft. Following receipt of notification of loss or theft, you shall have no further liability provided that you have acted in good faith and all reasonable care and diligence in safeguarding the designated mobile phone number and in promptly reporting its loss or theft to us.

We shall not assume any liability or responsibility for any failure or delay in transmitting information to you or any error in such information, unless this results from negligence or willful default on our part. In particular, we shall not assume any liability or responsibility for the consequences arising from any cause beyond our reasonable control including, without limitation, failure of your telecommunications equipment to receive information for whatever reason, any telecommunications breakdown, mechanical failure, path failure, malfunction, breakdown, interruption or accuracy of equipment or installation. None of the telecommunications companies designated by us are our agents or our representatives and there is no co-operation, partnership, joint venture or other relationship between us and any of them.

You undertake to indemnify and hold us harmless against all actions, claims, demands, liabilities, losses, damages, costs and expenses of whatever nature that may result or which we may sustain, suffer or incur as a result of our agreeing to provide the SMS Alert Service to you.

We shall not be liable for any losses or damage caused (a) by the disclosure of confidential information; (b) by the disclosure of information to the designated mobile phone where such designated mobile phone is in another person’s possession with your consent; or (c) to your data, designated mobile phone, telecommunications equipment or other equipment, in each case caused by your use of the SMS Alert Service, unless such loss or damage is directly and solely caused by our willful default or negligence.

Any notice from us to you may be made in such manner and by such means of communication as we shall deem fit, including, without limitation, use of direct mailing material, advertisement, branch display, electronic communications such as e-mail or via the SMS Alert Service. Any notice from you to us shall be in writing at the following address or via your Internet Banking Account unless otherwise indicated in these Terms & Conditions: Network Services Center, HSBC Bank Middle East Limited, P.O. Box 66, Dubai, U.A.E.

We reserve the right at all times to vary or amend the forgoing Terms & Conditions or to introduce new Terms & Conditions. Any such variations or amendments shall become effective and binding on you upon notification by us to you. If you are unwilling to accept such variations or amendments you may terminate the SMS Alert Service by providing written notice thereof.

You irrevocably authorize us to: (a) disclose or share any information, details or data (at our discretion and for any purpose whatsoever) about you to any other member or associate member within the HSBC Group; and (b) transfer or subcontract the provision of any part of the SMS Alert Services provided to you by us to any member of the HSBC Group in any territory.

These Terms & Conditions shall be governed by and construed in accordance with the laws of the United Arab Emirates as applied in the Courts of the Emirate of Dubai, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts of the Emirate of Dubai.