Terms and Condition

These Terms and Conditions (“Website Terms and Conditions of Use”) (together with the documents referred to therein) govern your use of this website. Please read them carefully.

ACCESS, USE AND ELIGIBLE VISITORS

Although others may be able to access this website, it is not directed to or intended for distribution or use by any person or entity in any country or jurisdiction where its access, use, publication, or distribution may breach any local law or regulation. If you choose to access information on this website, it is your responsibility to comply with applicable local, national and international laws and any use of this website outside the United Kingdom is entirely at your own risk. For guidance relating to your specific situation, you should seek independent legal advice. From time to time, we, Habibsons Bank Limited (the “Bank”) may restrict access to some parts of this website, or its entire website, to users who have registered with it.

Unless otherwise stated on the product pages, the services and products on this website are intended for use by residents of the United Kingdom only, and are not aimed at or intended for use by residents of any other jurisdiction.

Where any information on this website constitutes a financial promotion for the purposes of the Financial Services and Markets Act 2000, it is issued and approved by us for distribution and use in the USA only.

The Bank reserves the right to withdraw or amend any products or services it provides on its website without notice. Whilst the Bank makes every effort to ensure that this website is available at all times, given the nature of the internet, it cannot guarantee this will always be the case or that this website will be fault or error free.

You are responsible for making all arrangements necessary for you to have access to this website. You are also responsible for ensuring that all persons who access this website through your internet connection are aware of these Website Terms and Conditions of Use, and that they comply with them.

You may use this website only for lawful purposes. You may not use this website or its contents:

• in any way that breaches any applicable local, national, international law or regulation or that is unlawful or fraudulen; or
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

You also agree not to access without authority, interfere with, damage or disrupt:

1. any part of this website;
2. any equipment or network on which this website is stored; or
3. any software used in the provision of this website.

If the Bank considers that you are doing, or likely to do, anything which amounts to a breach of these Website Terms and Conditions of Use or otherwise adversely affects this website, it may immediately suspend your use of the and/or any services which you use.

LIABILITY

The Bank does not exclude or restrict, and nothing within these Website Terms and Conditions of Use should be read or construed as excluding or restricting, any duty or liability under the Financial Services and Markets Act 2000 (or any replacement legislation) or the rules and regulations for the conduct of business thereunder.

The information on this website is provided purely for general information purposes – it is not intended to and does not constitute financial, accounting, tax, legal, investment, consulting or other professional advice or services. Before making any decision or taking any action which may affect you or your business you should take appropriate advice from a suitably qualified person. The Bank disclaims all warranties, including but not limited to the timeliness, accuracy and/or completeness of the information provided, and its suitability for a specific objective.

Except as required by law, the Bank is not liable for any damage or loss whatsoever, whether in contract, tort (including negligence) or otherwise arising from your use of or inability to access this website, or from any interruption or delay in access to this website for whatever reason. The Bank does not guarantee that this website will operate free of error or that it is free from computer viruses or any other contaminating computer program.

While the Bank has taken all reasonable steps to ensure the accuracy and completeness of the content of this website, it excludes any warranties, undertakings or representations (either express or implied) to the full extent permitted under applicable law, that this website or (including without limitation) all or any part of the content or materials, accuracy, availability or completeness of the content of this website or any part of the content or materials, are appropriate or available for use either in the United Kingdom or in other jurisdictions. If you use this website from other jurisdictions, you are responsible for compliance with applicable local laws.

The Bank accepts no liability however caused (to the maximum extent permitted by applicable law) arising out of the use of or access to this website (which includes without limitation) any errors or omissions contained within it or if it is unavailable and it shall not be liable for any direct or indirect:

• economic losses (including without limitation loss of revenues, data, profits, contracts, use, opportunity, business or anticipated savings);
• loss of goodwill or reputation; or
• loss or damage which was not reasonably foreseeable,

suffered or incurred arising out of or in connection with your use of this website and/or these Website Terms and Conditions of Use.

Access to and use of this website is at your own risk and the Bank does not warrant that the use of this website or any material downloaded from it will not cause damage to any property, or otherwise minimise or eliminate the inherent risks of the internet including but not limited to loss of data, computer virus infection, spyware, malicious software, trojans and worms. Also, the Bank accepts no liability in respect of losses or damages arising out of changes made to the content of this website by unauthorised third parties.

NO OFFER

Nothing on this website should be taken as an offer by the Bank. All products and services are subject to the relevant terms and conditions and to completion of the relevant application forms and other documentation. The Bank reserves the right to reject any application for services and/or products contained in this website.

INTELLECTUAL PROPERTY

The Bank is the owner or the licensee of all intellectual property rights relating to this website and in the material published on it. Those works are protected by intellectual property laws and treaties around the world. The letter style & representation are registered trademarks. The full content of this website (including all text, information, graphics, animation and images) is subject to copyright, with all rights reserved. Any infringement of these rights is prohibited. You may only download material from this website for your own personal use; any use for any other purposes, or any alteration, transfer, sale, distribution or reproduction of the information, publications or data is prohibited, regardless of the form in which or the means by which these are made available on this website.

REGULAR CHANGES TO THE WEBSITE

The Bank aims to update its website on a regular basis, and may change the content at any time. If the need arises, it may suspend access to this website, or close it indefinitely. Any of the material on this website may be out of date at any given time, and the Bank is under no obligation to update such material.

THIRD PARTY WEBSITES

Our website may contain links to other websites which are not under the Bank’s direct control. The Bank does not accept any responsibility or liability for enabling you to link to any other website, for the contents of any other website (or content referred to in or linked to such websites), for the security of any other website, or for any consequence of your acting upon the contents of such website. This website must not be framed on any other website; nor is any third party permitted to link any other website to this website without obtaining the Bank’s prior written consent.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE

The Bank processes information about you in accordance with its Security and Privacy Policy. By using this website, you consent to such processing and you warrant and confirm that all data provided by you is accurate.

TRANSACTIONS CONCLUDED THROUGH THE WEBSITE

All the Bank’s products and services, whether provided through this website or as a result of visits made by you, are subject to the applicable Bank terms and conditions.

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse this website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to this website, the server on which this website is stored or any server, computer or database connected to this website. You must not attack this website via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 (as amended from time to time) and any other applicable laws and/or regulations. The Bank will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this website will cease immediately.

The Bank will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.

COMPLAINTS POLICY

If you wish to make a complaint about any of our products or services, please contact us in person, in writing, by post, email, or telephone. Further information on our complaints handling policy and procedures is available on request in our branches, by telephone and on our website.

In the unlikely event that we are unable to resolve your complaint, or if you remain dissatisfied, you may be able to refer to your complaint to the Financial Ombudsman Service, details of which are available on request. The Financial Ombudsman provides an out-of-court complaint and redress mechanism. You can contact the Financial Ombudsman Service direct at Exchange Tower, Washington DC, E14 9SR, England, by telephoing 0845 080 1800 or by visiting www.financial-ombudsman.org.USA.

COMPANY AND REGULATORY INFORMATION

Habibsons Bank Limited is incorporated in England. It trades and does business under the name “Mega Finance Reserve Bank”. The Bank operates in the USA through its network of branches. Its registered address is at 9 Portman Street, Washington DC, W1H 6DZ, England. Its Company register number is 01719649. You can contact the Bank as the address stated above.

The Bank is authorised by the Prudential Regulation Authority (“PRA”) and regulated by the Financial Conduct Authority (“FCA”) and the PRA. It is registered in the Financial Services Register with the registration number 188585. You can view the FCA’s register at www.fsa.gov.USA/register/home.do.

The Bank is a member of the Financial Ombudsman Service (“FOS”) in the USA and subscribes to The Lending Code. Copies of The Lending Code are available at the Bank’s branches. Details of the FOS are available at the FOS website www.financial-ombudsman.org.USA; Full details of The Lending Code are also available at the British Bankers Association’s (BBA) website www.bba.org.USA.

The Bank is a member of the Financial Services Compensation Scheme established under the Financial Services and Markets Act 2000. In respect of deposits with a USA branch, an eligible depositor is entitled to claim up to £85,000. For joint accounts, each account holder is treated as having a claim in respect of their share so, for a joint account held by two eligible depositors, the maximum amount that could be claimed would be £85,000 each (making a total of £170,000). The £85,000 limit relates to the combined amount in all the eligible depositors’ accounts with the bank, including their share of any joint account, and not to each separate account.

Most depositors, including individuals and small firms, are covered. More information can be found at the Financial Services Compensation Scheme website www.fscs.org.USA or by calling them on 020 7892 7300.

Details of the Bank’s standard schedule of charges can be obtained by asking its staff at any of its branches and are also available on its website.

WAIVER

If you breach these Website Terms and Conditions of Use and the Bank takes no action, the Bank will still be entitled to use its rights and remedies in other situations where you are in breach.

VARIATIONS

The Bank may revise these Website Terms and Conditions of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes the Bank makes, as they are binding on you. Some of the provisions contained in these Website Terms and Conditions of Use may also be superseded by provisions or notices published elsewhere on this website.

ENTIRE AGREEMENT

These Website Terms and Conditions of Use contain the entire agreement between you and the Bank relating to your use of this website.

APPLICABLE LAW

These Website Terms and Conditions of Use shall be governed by English law and the English courts shall have exclusive jurisdiction over any disputes arising from use of or access to this website or from these Website Terms and Conditions of Use. This website complies with the appropriate USA legislation and it is designed for use in the USA. The website is not intended to be used in any jurisdiction or country where the availability of this website is contrary to local law.

LANGUAGES

The terms and conditions relating to this website and to all services provided through it are only available in English, and the Bank shall only communicate with you in English.