Common use of Question Answer Clause in Contracts

Question Answer. What will we do when you tell us about an incorrect or unauthorised payment? We’ll let you know when we’ve received your report of an incorrect or unauthorised payment. Please see clauses 60 (‘Transaction Queries’), 61 (‘Complaints, disputed transactions and investigations’) and 62 (‘Results of our investigations’) for details about how to raise a transaction query, make a complaint (if you are not satisfied with the outcome of our investigation) and how we deal with investigations. Will I always get my money back? No. However, you may get your money back in instances where: • you have informed us immediately for circumstances outlined in clause 7 (‘Reporting a lost or stolen card, cheque or device; suspected unauthorised transaction, breach of access code or PIN, or a mistaken internet payment’); or • you have told us about the transaction within the timeframes set out in clause 61 (‘Complaints, disputed transactions and investigations’) (where applicable); and • a chargeback right exists and was found in your favour; or • a recall of a payment from another bank is successful. There are other circumstances in which we won’t make a refund to you. The ePayments Code provides more information about when you might, or might not, be liable, and on any limits on your or our liability. Can we take back a refund we’ve made? Yes. We can take back refunds after giving you reasonable notice in the following circumstances: • if you gave us the wrong information and we have not been able to recover the payment from the BPAY® ▇▇▇▇▇▇ within 20 Business Days of requesting; or • certain unauthorised payments where the ePayments Code make you responsible; or • if information becomes available to us at a later date and we can prove that you acted fraudulently; or • if a chargeback right that existed is later found to be not in your favour; or • if an unauthorised payment was made because you intentionally or with carelessness failed to keep your payment device safe. For example, if you knowingly gave your card and PIN to someone else. What if it’s clear that you’ve contributed to the loss through fraud or failed to keep your security details safe? You’re responsible for all payments from your account until you’ve reported the event to us. The amount of loss you are responsible for is described in section 11 of the ePayments Code. What if it’s clear you’ve been extremely careless in relation to securing your pass code? You’re responsible for all payments from your account until you’ve told us that your payment device or security details have been lost, stolen or that you suspect misuse. What if it’s clear you left your card in an ATM? You’re responsible for losses that occur because you did this, unless the ATM didn’t have reasonable safety standards to try and reduce this risk.

Question Answer. What will we do when you tell us about an incorrect or unauthorised payment? We’ll let you know when we’ve received your report of an incorrect or unauthorised payment. Please see clauses 59, 60 (‘Transaction Queries’), and 61 (‘Complaints, disputed transactions and investigations’) and 62 (‘Results of our investigations’) for details about how to raise a transaction query, make a complaint (if you are not satisfied with the outcome of our investigation) and how we deal with investigations. Will I always get my money back? No. However, you may get your money back in instances where: • you have informed us immediately for circumstances outlined in clause 7 (‘Reporting a lost or stolen card, cheque or device; suspected unauthorised transaction, breach of access code or PIN, or a mistaken internet payment’)7; or • you have told us about the transaction within the timeframes set out in clause 61 (‘Complaints, disputed transactions and investigations’) 60 (where applicable); and • a chargeback right exists and was found in your favour; or • a recall of a payment from another bank is successful. There are other circumstances in which we won’t make a refund to you. The ePayments Code provides more information about when you might, or might not, be liable, and on any limits on your or our liability. Can we take back a refund we’ve made? Yes. We can take back refunds after giving you reasonable notice in the following circumstances: • if you gave us the wrong information and we have not been able to recover the payment from the BPAY® ▇▇▇▇▇▇ within 20 Business Days business days of requesting; or • certain unauthorised payments where the ePayments Code make you responsible; or • if information becomes available to us at a later date and we can prove that you acted fraudulently; or • if a chargeback right that existed is later found to be not in your favour; or • if an unauthorised payment was made because you intentionally or with carelessness failed to keep your payment device safe. For example, if you knowingly gave your card and PIN to someone else. What if it’s clear that you’ve contributed to the loss through fraud or failed to keep your security details safe? You’re responsible for all payments from your account until you’ve reported the event to us. The amount of loss you are responsible for is described in section 11 of the ePayments Code. What if it’s clear you’ve been extremely careless in relation to securing your pass code? You’re responsible for all payments from your account until you’ve told us that your payment device or security details have been lost, stolen or that you suspect misuse. What if it’s clear you left your card in an ATM? You’re responsible for losses that occur because you did this, unless the ATM didn’t have reasonable safety standards to try and reduce this risk. What if it’s clear you unreasonably delayed reporting your lost, misused or stolen payment device or security details, or the fact that you failed to keep your security details safe? You’re responsible for all payments made from your account made between when you first knew or should have reasonably known that your device was lost or stolen, to when you made the report. The amount of loss you are responsible for is described in section 11 of the ePayments Code. What if you made the payment using information which you are not required to keep a secret, such as an account number or personal banking number? Sometimes you’re not responsible. For example, where you did not contribute to the loss; a payment device or pass code is forged, faulty, has expired or been cancelled; we’ve incorrectly debited your account twice; there has been fraud or negligence by us or a merchant; or a transaction that requires a pass code took place before you were issued a pass code, or after you gave us notice that the pass code was stolen or lost. Please see section 10 of the ePayments Code for further details about when we might be responsible. You’re always responsible if you’ve acted fraudulently. What happens if you gave us the wrong payment details? If the payment was to another bank in Australia and we’re unable to recover your money, you can ask us in writing to give you all the information we’ve been given by the bank that received the money, so you can try to recover the money yourself. Important Information We’re not responsible for payments where you gave us the wrong details. When processing payment instructions, HSBC will only rely on the account number and bank details you provide, the account name is not validated. Before proceeding with a payment instruction, it is important that you always check the payment details provided carefully, because if the payment is paid to an incorrect recipient, it may not be possible to recover it. What if there was a fault with the system or equipment that you didn’t know about? You’re not responsible if there is a problem with the payment that was caused by a fault with the system or equipment of a party to a shared electronic network that you didn’t know about. Our liability may be reduced if you reasonably knew about the malfunction. Could losses be shared between us? The ePayments Code describes that sometimes the responsibility for loss is shared. For example, if the unauthorised access was your fault, but resulted in a loss that is more than your daily limit. You may be responsible for the loss up to your daily limit and we may be responsible for amounts accessed over your daily limit. See the ePayments code for more information on shared liability. When you tell us that you’ve made a mistaken internet payment, we’ll acknowledge this and will start investigating it. We’ll write to you within 30 days to tell you the outcome, and we aren’t required to do anything further if we don’t think there’s been a mistaken internet payment. You can report a mistaken internet payment by phoning us. Refer to clause 43 for how to contact us. If we believe there has been a mistaken internet payment, we’ll ask the receiving bank to return the money. They must tell us within 5 business days that they’ve got our request and whether the recipient who received the payment by mistake has enough money in their account to cover the request we’ve made. If we are satisfied that a mistaken internet payment has been made, the processes we, and the receiving bank, will follow depends on when you reported the mistaken payment, and whether the money is available, as set out in the table below There’s enough money in the account to cover the mistaken internet payment. If the receiving bank agrees a mistaken internet payment has been made, they must return the money within 5 business days of receiving our request, if possible, or otherwise within 10 business days of our request. If they don’t agree a mistaken internet payment has been made, they may ask the mistaken recipient’s permission to return the money as soon as The receiving bank will investigate the payment within 10 business days of us contacting them. If the bank agrees a mistaken internet payment has been made, they will: • notify the mistaken recipient and prevent them from withdrawing that money for 10 further business days; and • give the mistaken recipient 10 business days (starting from the date their account is blocked) to object or prove they are entitled to the money. If the receiving bank agrees a mistaken internet payment has been made, it must get the mistaken recipient’s consent to return the money. If the receiving bank doesn’t agree a mistaken internet payment has been made, they may ask the mistaken recipient’s permission to return the money as soon as possible, but there is no guarantee Circumstances If reported under 10 days If reported between 10 days and 7 months If reported after 7 months possible, but there is no guarantee that they’ll give permission, or the money will be returned. If the recipient does not, the receiving bank will return the money within 2 business days after the 10 business days has expired. we’ll transfer the money to you as soon as possible If the receiving bank doesn’t agree a mistaken internet payment has been made, they may ask the mistaken recipient’s permission to return the money as soon as possible, but there is no guarantee that they’ll give permission, or the money will be returned. There’s not enough money in the account Where there’s not enough money in the account to cover the mistaken internet payment, the receiving bank must take reasonable steps to recover the full payment, for example taking instalment payments by the mistaken recipient. If you’re unsatisfied with any way the investigation or process has been dealt with, either by us or the receiving bank, you can make a complaint by following the steps set out under Part C: Other Important Terms, of this booklet. The amount you are responsible for will always be determined by the ePayments Code, and not by this booklet.

Question Answer. What will we do when you tell us about an incorrect or unauthorised payment? We’ll let you know when we’ve received your report of an incorrect or unauthorised payment. Please see clauses 60 (‘Transaction Queries’), 61 (‘Complaints, disputed transactions and investigations’) and 62 (‘Results of our investigations’) for details about how to raise a transaction query, make a complaint (if you are not satisfied with the outcome of our investigation) and how we deal with investigations. Will I always get my money back? No. However, you may get your money back in instances where: • you have informed us immediately for circumstances outlined in clause 7 (‘Reporting a lost or stolen card, cheque or device; suspected unauthorised transaction, breach of access code or PIN, or a mistaken internet payment’); or • you have told us about the transaction within the timeframes set out in clause 61 (‘Complaints, disputed transactions and investigations’) (where applicable); and • a chargeback right exists and was found in your favour; or • a recall of a payment from another bank is successful. There are other circumstances in which we won’t make a refund to you. The ePayments Code provides more information about when you might, or might not, be liable, and on any limits on your or our liability. Can we take back a refund we’ve made? Yes. We can take back refunds after giving you reasonable notice in the following circumstances: • if you gave us the wrong information and we have not been able to recover the payment from the BPAY® ▇▇▇▇▇▇ within 20 Business Days of requesting; or • certain unauthorised payments where the ePayments Code make you responsible; or • if information becomes available to us at a later date and we can prove that you acted fraudulently; or • if a chargeback right that existed is later found to be not in your favour; or • if an unauthorised payment was made because you intentionally or with carelessness failed to keep your payment device safe. For example, if you knowingly gave your card and PIN to someone else. What if it’s clear you unreasonably delayed reporting your lost, misused or stolen payment device or security details, or the fact that you’ve contributed to the loss through fraud or you failed to keep your security details safe? You’re responsible for all payments made from your account until you’ve reported made between when you first knew or should have reasonably known that your device was lost or stolen, to when you made the event to usreport. The amount of loss you are responsible for is described in section 11 of the ePayments Code. What if it’s clear you made the payment using information which you are not required to keep a secret, such as an account number or personal banking number? Sometimes you’re not responsible. For example, where you did not contribute to the loss; a payment device or pass code is forged, faulty, has expired or been cancelled; we’ve incorrectly debited your account twice; there has been fraud or negligence by us or a merchant; or a transaction that requires a pass code took place before you were issued a pass code, or after you gave us notice that the pass code was stolen or lost. Please see section 10 of the ePayments Code for further details about when we might be responsible. You’re always responsible if you’ve acted fraudulently. What happens if you gave us the wrong payment details? If the payment was to another bank in Australia and we’re unable to recover your money, you can ask us in writing to give you all the information we’ve been extremely careless in relation given by the bank that received the money, so you can try to securing your pass coderecover the money yourself. Important Information We’re not responsible for payments where you gave us the wrong details. When processing payment instructions, HSBC will only rely on the account number and bank details you provide, the account name is not validated. Before proceeding with a payment instruction, it is important that you always check the payment details provided carefully, because if the payment is paid to an incorrect recipient, it may not be possible to recover it. What if there was a fault with the system or equipment that you didn’t know about? You’re not responsible if there is a problem with the payment that was caused by a fault with the system or equipment of a party to a shared electronic network that you didn’t know about. Our liability may be reduced if you reasonably knew about the malfunction. Could losses be shared between us? The ePayments Code describes that sometimes the responsibility for loss is shared. For example, if the unauthorised access was your fault, but resulted in a loss that is more than your daily limit. You may be responsible for all payments from the loss up to your account until daily limit and we may be responsible for amounts accessed over your daily limit. See the ePayments code for more information on shared liability. When you tell us that you’ve told made a mistaken internet payment, we’ll acknowledge this and will start investigating it. We’ll write to you within 30 days to tell you the outcome, and we aren’t required to do anything further if we don’t think there’s been a mistaken internet payment. You can report a mistaken internet payment by phoning us. Refer to clause 44 (‘How do we communicate?’) for how to contact us. If we believe there has been a mistaken internet payment, we’ll ask the receiving bank to return the money. They must tell us within 5 Business Days that your they’ve got our request and whether the recipient who received the payment device by mistake has enough money in their account to cover the request we’ve made. If we are satisfied that a mistaken internet payment has been made, the processes we, and the receiving bank, will follow depends on when you reported the mistaken payment, and whether the money is available, as set out in the table below There’s enough money in the account to cover the mistaken internet payment. If the receiving bank agrees a mistaken internet payment has been made, they must return the money within 5 Business Days of receiving our request, if possible, or security details have otherwise within 10 Business Days of our request. If they don’t agree a mistaken internet payment has been lostmade, stolen they may ask the mistaken recipient’s permission to return the money as soon as The receiving bank will investigate the payment within 10 Business Days of us contacting them. If the bank agrees a mistaken internet payment has been made, they will: • notify the mistaken recipient and prevent them from withdrawing that money for 10 further Business Days; and • give the mistaken recipient 10 Business Days (starting from the date their account is blocked) to object or prove they are entitled to the money. If the receiving bank agrees a mistaken internet payment has been made, it must get the mistaken recipient’s consent to return the money. If the receiving bank doesn’t agree a mistaken internet payment has been made, they may ask the mistaken recipient’s permission to return the money as soon as possible, but there is no guarantee Circumstances If reported under 10 days If reported between 10 days and 7 months If reported after 7 months possible, but there is no guarantee that they’ll give permission, or the money will be returned. If the recipient does not, the receiving bank will return the money within 2 Business Days after the 10 Business Days has expired. If the receiving bank doesn’t agree a mistaken internet payment has been made, they may ask the mistaken recipient’s permission to return the money as soon as possible, but there is no guarantee that they’ll give permission, or the money will be returned. we’ll transfer the money to you suspect misuseas soon as possible There’s not enough money in the account Where there’s not enough money in the account to cover the mistaken internet payment, the receiving bank must take reasonable steps to recover the full payment, for example taking instalment payments by the mistaken recipient. What if it’s clear Refer to clause 9 (‘Making payments on business days’) of this booklet on how we define a Business Day. If you’re unsatisfied with any way the investigation or process has been dealt with, either by us or the receiving bank, you left your card in an ATM? You’re can make a complaint by following the steps set out under Part C: Other Important Terms, of this booklet. The amount you are responsible for losses that occur because you did thiswill always be determined by the ePayments Code, unless the ATM didn’t have reasonable safety standards to try and reduce not by this riskbooklet.