Please read this Agreement carefully before using Internet Banking. It contains liability exclusions and limitations and other important provisions. By clicking "Accept" and using Internet Banking, you acknowledge and signify that you have read, and understood this Agreement, received adequate explanations of the nature and scope of your obligations hereunder and agreed to be bound by this Agreement. If you do not agree with all of the provisions of this Agreement, you may not use Internet Banking.
- Definitions in this Agreement
- Accepting this Agreement
- Changes to this Agreement
- Scope of this Agreement
- Service Charges and Fees
- Your Personal Access Number and Internet Banking Logon Information
- Using Internet Banking
- Disclaimer
- Liability Exclusion
- Liability Limitation
- Electronic Advertising Liability Exclusion
- Bank Records
- Termination of this Agreement
- Location of Information
- Governing Law
- General Provisions
1. Definitions in this Agreement
In this Agreement:
"Account" or "Accounts" means any deposit, loan or investment accounts you have with us or our subsidiaries, individually or jointly with other persons and to which you request access through Internet Banking;
“Bank of Bermuda Debit Card” means the bankcard that we have issued to you for use in association with telephone banking, ATM access, Internet Banking and other services;
“HSBC Group” means HSBC Holdings plc and its subsidiary and associate businesses and persons, including the bank, or any of their branches;
"Internet Banking" means our personal internet banking service and includes on-line real time access to Account information, transferring funds between Accounts, bill payments, general information relating to rates and access to other electronic financial products and services authorized and/or provided by us;
“Internet Banking Logon Information” means the Internet Banking Password and the Personal Identification Question and Answer you use to identify yourself and to gain access to Internet Banking;
"Internet Banking Password" means the combination of numbers and/ or letters you receive or select for your confidential use to identify yourself and to gain access to Internet Banking;
“Internet Banking Support” means the Internet Banking telephone support service available to provide support in connection with Internet Banking, which may be contacted at the telephone numbers indicated on the Website;
"Personal Access Number" means your Bank of Bermuda Debit Card number or your telephone banking number;
"Personal Banking Agreement" means the agreement(s) between you and us which govern(s) the general operation of your Account(s);
“Personal Identification Question and Answer” means the question and answer you select for your confidential use to identify yourself and to gain access to Internet Banking;
"Transaction" means any transaction performed or requested to be performed in relation to your Account through Internet Banking, including a request for or disclosure of information about an Account;
"we", "us", "our" and “bank” are references to The Bank of Bermuda Limited
“Website” means the bank website located at www.bankofbermuda.com or any other bank website through which you gain access to Internet Banking from time to time;
“Website Use Agreement” means the terms and conditions governing your use of the Website; and
"you" and "your" means each person who requests access to Internet Banking or uses Internet Banking.
This Agreement governs your use of Internet Banking. By clicking "Accept" and using Internet Banking, you signify that you agree to be bound by this Agreement as it may be amended from time to time. If you do not agree with all of the terms and conditions of this Agreement, you may not use Internet Banking.
We may change this Agreement periodically. We will notify you of a change to this Agreement by doing one of the following at least 30 days prior to the change: (a) displaying the notice at our branches; (b) mailing you a copy of the revised agreement; (c) posting the changes on this Website; or (d) sending you an electronic message. If you make any Transaction or use Internet Banking after the effective date of a change to this Agreement, it will mean that you agree to the change. The version date of this Agreement appears at the end of this document. You should therefore review this Agreement periodically for changes since the last version.
This Agreement is in addition to and supplements any other agreements you have with us or any of our subsidiaries (now or in the future) concerning your Accounts or Internet Banking, including, but not limited to the Personal Banking Agreement and the Website Use Agreement. If there is a conflict between this Agreement and any of the other agreements you have with us, this Agreement will prevail regarding your use of Internet Banking and the other agreement(s) will prevail with respect to all other matters.
You acknowledge and agree that you have read the information pertaining to security information on the Website which can be accessed by using the security link. This security information contains important information regarding your use of Internet Banking, the Website and the security of your personal and financial information. You agree that you will periodically review the security information contained on the Website as this information may be updated from time to time.
You are responsible for ensuring that any instructions regarding your Accounts received by us through Internet Banking are true, accurate, and complete. You acknowledge that we will rely upon the truth, accuracy and completeness of your instructions.
You request and authorize us to accept, rely upon and act upon your instructions given in any manner permitted by Internet Banking as if you had given signed written instructions to us, even if they may conflict with any other mandate given at any time concerning your Accounts. You further request and authorize us to debit from your Accounts any amounts we have paid or incurred in accordance with instructions received through Internet Banking regarding your Accounts.
We are not required to confirm the identity or authority of any person using your Personal Access Number and Internet Banking Logon Information to make Transactions. However, we may, in our sole discretion, require proof at any time of the authority of any person seeking to make Transactions on your Account through Internet Banking and may refuse to accept any instructions if we are not satisfied with such proof.
We may also refuse to complete or may reverse any Transaction if: (a) the Transaction is one that we cannot process; (b) the Transaction exceeds your balance or credit limit or violates any provision in any other agreement you may have with us; (c) the Transaction is directed to a business or other person that does not accept the Transaction; (d) there is an operational failure or malfunction in Internet Banking; (e) the Transaction involves any Account that we consider inactive; or (f) completion of the Transaction could violate any bank policies or procedures or any law, regulation, rule, standard or guideline of any governmental authority to which the bank or any of its affiliates is subject.
You acknowledge that the processing of some Transactions such as bill payments or transfers of funds to third parties may require two or more business days for completion.
We are not liable for any loss or damage suffered by you or a third party by reason of any failure of or refusal by us to give effect to any of your instructions or requested Transactions or for any delay by us in implementing any instructions or Transactions.
If you make an error using Internet Banking, you agree to contact us immediately at Internet Banking Support. You acknowledge that we may not be able to stop or reverse a Transaction made through Internet Banking.
You agree that we may suspend or restrict your right to use Internet Banking or the services available through Internet Banking at any time without prior notice to you.
YOUR USE OF INTERNET BANKING AND THIS WEBSITE IS AT YOUR OWN RISK. INTERNET BANKING, THIS WEBSITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY EQUIPMENT ARISING FROM OR CONNECTED TO YOUR ACCESS TO THIS WEBSITE AND INTERNET BANKING.WITHOUT LIMITING THE ABOVE, WE DO NOT REPRESENT OR WARRANT THAT: (A) INTERNET BANKING, THIS WEBSITE OR ITS CONTENT WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR THAT THEY WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED; OR (B) THE USE OF INTERNET BANKING AND THIS WEBSITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY CONTENT, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR(C) THE USE BY YOU OF INTERNET BANKING AND THIS WEBSITE OR ITS CONTENT WILL NOT INFRINGE THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY THIRD PARTY.OTHER THAN AS PROVIDED FOR IN YOUR PERSONAL BANKING AGREEMENT, WE WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (DIRECT, INDIRECT OR CONSEQUENTIAL) RELATING TO THE USE OF INTERNET BANKING AND THIS WEBSITE BY YOU OR ANYONE ELSE (INCLUDING WITHOUT LIMITATION, LOSS OF USE, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF PROFITS AND THIRD PARTY CLAIMS). WITHOUT LIMITING THE ABOVE, WE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES SUFFERED AS A RESULT OF OUR FAILURE OR DELAY IN ACCEPTING OR PROCESSING A TRANSACTION OR AS A RESULT OF ANY FAILURE ATTRIBUTABLE TO ANY THIRD PARTY. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES SUFFERED AS A RESULT OF THE OPERATIONAL FAILURE, MALFUNCTION, INTERRUPTION, CHANGE, AMENDMENT OR WITHDRAWAL OF INTERNET BANKING.
OTHER THAN AS PROVIDED FOR IN YOUR PERSONAL BANKING AGREEMENT, IN NO EVENT WILL WE EVER BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, UNDER ANY THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY US OR ANYONE FOR WHOM WE ARE RESPONSIBLE, IN AN AMOUNT EXCEEDING $100 ( BMD) OR THE AMOUNT YOU PAID TO US FOR THE USE OF INTERNET BANKING, WHICHEVER IS LESS.
You agree that our records as communicated to you are, in the absence of clear and compelling evidence to the contrary, conclusive evidence of your dealings with us through Internet Banking.You agree not to object to the admission of our records as evidence on any legal proceeding on the ground that such records are not originals, are not in writing, are hearsay, or are documents containing information extracted from a computer.Unless we, in our absolute discretion advise you otherwise, if there is any discrepancy between online information communicated through Internet Banking and information contained in any of the paper statements you receive or are deemed to receive from time to time in connection with your Accounts or otherwise, the information contained in the paper statements will be deemed to be correct and the online Internet Banking information will be deemed to be amended accordingly.
You agree that this Agreement and your use of Internet Banking and its content are governed exclusively by the laws of Bermuda.
You agree to exclusively attorn to and be bound by the Courts of Bermuda to the exclusion of the jurisdiction of any other country. You agree that the Courts of Bermuda is presumed to be the most convenient forum in which to litigate any dispute in relation to this Agreement.
Any claim or cause of action you may have arising from or relating to this Agreement, your use of Internet Banking, this Website or its content, must be commenced in such a Court within six (6) months after the claim or cause of action arises, after which time the claim or cause of action shall be barred.
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of the Agreement and shall not affect the validity and enforceability of any remaining provisions.
No waiver by either you or us of any breach of or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default.
