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1 |
Use of Services |
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The Member may use Internet Banking to access any permitted
Account and to conduct Transactions as may be permitted with
respect to any such Account. The Member agrees to follow the
instructions of the Credit Union in effect from time to time
with respect to the use of Internet Banking. When using Internet
Banking, the Member will not be permitted to pay bills from
or transfer funds out of any Account on which more than one
signatory is required to authorise a Transaction. When a Personal
Access Code is used to conduct any Transaction, the authorisation
given at the time of the Transaction will be treated as if
it was given by the Member in person, and the Member agrees
to be bound by any such Transaction. The Member irrevocably
authorises and directs the Credit Union to debit or credit,
as the case may be, the amount of any Transaction to the Account
or Accounts designated by the Member at the time of the Transaction,
in accordance with the Credit Union's normal practices. The
Credit Union's practices with respect to the debiting or crediting
of any Transaction under Internet Banking may be revised from
time to time with or without notice to the Member. The Credit
Union may establish daily limits on withdrawals and other Transactions
and may change these limits from time to time with or without
notice to the Member. Any such limits and changes will be effective
when established by the Credit Union. The Member agrees not
to conduct or tries to conduct any Transaction that would result
in a negative balance in any Account or would exceed the unused
balance of any authorised overdraft or line of credit, if available.
The Member will indemnify the Credit Union for all liability
or loss arising out of any such Transaction. Cash withdrawals,
transfers or point-of-sale purchases made from any Account
in a foreign currency will be deducted from that Account in
Australian dollars. Conversion will be made at the exchange
rate determined by the Credit Union on the day the Transaction
is charged to the applicable Account. |
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2 |
Limitations |
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The Member agrees that Internet Banking
will be available only on an "as is" and "as available" basis.
The Credit Union offers Internet Banking in order to improve
the account accessibility to its Members. However, the provision
of Internet Banking is dependent in part on communication
lines and other third party equipment, services and software.
THE MEMBER AGREES THAT EXCEPT WHERE CAUSED BY THE
NEGLIGENCE OF THE CREDIT UNION OR ANY OF ITS EMPLOYEES, THE
CREDIT UNION
WILL NOT BE LIABLE FOR ANY DELAY, LOSS, DAMAGE (DIRECT, INDIRECT
OR CONSEQUENTIAL) OR INCONVENIENCE WHATSOEVER CAUSED BY OR
ARISING FROM THE PROVISION OR FAILURE TO PROVIDE SERVICES
OR THE MALFUNCTION OR FAILURE TO OPERATE OF SOFTWARE OR EQUIPMENT
FOR ANY REASON WHATSOEVER. IN NO EVENT WILL THE CREDIT UNION
BE LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE OR ANY
LOSS OF BUSINESS OR PROFIT OR OTHER INDIRECT OR CONSEQUENTIAL
DAMAGES WHATSOEVER. The Credit Union makes no guarantees
as to the availability of the Internet Banking service at
any given time.
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3 |
Confidentiality of Personal Access Codes |
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transferred. The Member agrees to keep the Personal Access
Code confidential and not to disclose it to any other person
other than to a joint holder or an authorised signatory of
an Account in the case of a Personal Access Code for that Account.
The Member agrees not to record either the Personal Access
Code in any manner or on any media, whether in writing or otherwise,
including without limitation in electronic form, or by voice
mail or e-mail. For security reasons, the Credit Union recommends
that each Member change their Personal Access Code on a regular
basis, such as every 90 or 120 days. It is the responsibility
of each Member with an Account to ensure that the Personal
Access Code is immediately changed each time an authorised
signatory is changed, in addition to ensuring that the other
documentation required by the Credit Union in order to add
or change an authorised signatory is completed.
You must look after your Access Method at all times so as
to minimise the risk of losing it or allowing it to be used
without your authorisation. You must not write a code on,
or carry it or keep a record of it with any other part of
your Access Method or on or with the one the one article
unless you have taken reasonable steps to disguise the code
or prevent unauthorised access to the record. You must not
select a code that represents your birth date or a recognisable
part of your name. If you do use an obvious code such as
a name or date you may be liable for any losses that occur
as a result of unauthorised use of the code before you notify
us that the code has been misused or become known to someone
else. You must not tell or show the code, to anyone else
(including family and friends). You must not act with extreme
carelessness in failing to protect the security of the code.
In addition, you must comply with the security guidelines
that apply to your Access Method. |
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4 |
Transaction Verifications and Records |
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All Transactions are subject to verification and acceptance
by the Credit Union. Verification may take place on a date
later than the date the Member authorised any Transaction and
may affect when the Transaction becomes effective. If the Credit
Union gives credit for any cheque or deposit item, but does
not receive final payment in respect of that cheque or item,
then the credit and any accrued interest may be reversed.
The Credit Union's records of each Transaction and accounting
records, will be deemed to be correct, and will be conclusive
and binding upon the Member. Any record of a Transaction
generated by Internet Banking will be for the Member's convenience
only. If the Member believes that the Credit Union records
contain an error or omission, the Member must give written
notice of the suspected error or omission to the Credit Union
within the time provided in the Account Agreement for the
relevant personal Account(s).
IF THE CREDIT UNION DOES MAKE AN ERROR OR OMISSION FOR ANY
REASON WITH RESPECT TO THE RECORDING OF ANY TRANSACTION,
THE LIABILITY OF THE CREDIT UNION WILL BE LIMITED TO THE
AMOUNT OF THE ERROR OR OMISSION IN RECORDING, PLUS ANY APPLICABLE
SERVICE CHARGES THAT MAY HAVE BEEN CHARGED TO THE MEMBER.
SPECIFICALLY, THE MEMBER AGREES THAT THE CREDIT UNION WILL
NOT BE LIABLE FOR ANY OTHER LOSS, OR ANY LOSS OF BUSINESS
OR PROFIT OR ANY OTHER DAMAGE (DIRECT, INDIRECT OR CONSEQUENTIAL)
OR DELAY OR INCONVENIENCE WHATSOEVER CAUSED BY OR ARISING
FROM ANY SUCH ERROR OR OMISSION. |
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5 |
Service Fees |
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The Credit Union may establish service
fees for use of Internet Banking and/or for conducting Transactions
and may change these
service fees from time to time. The Credit Union will give
notice of service fees and any changes from time to time
through our fees & charges brochure or notices of service
fees which may be posted on the Internet or at all branches
of the
Credit Union. The Member authorises the Credit Union to deduct
any applicable service fees from any Account. |
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6 |
Internet Banking Services |
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When the Personal Access Code is used by the Member to conduct
a Transaction by accessing Internet Banking, the Member may
not revoke or stop any such Transaction once the Transaction
request has been processed.
Where the Member uses the Personal Access Code to make bill
payments from the Account, transfer funds to or from an Account,
the Member agrees to be responsible for ensuring the accuracy
of any billing account number, Member account numbers or
other recipient account numbers to which the Member intends
to transfer funds. The Credit Union will not be liable for
any loss or damage as a result of funds being transferred
to the wrong recipient (because the Member provides the wrong
account or billing number, for example) and the Credit Union
shall not be responsible or obligated to retrieve or return
such funds to the Member.
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7 |
Warranties |
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The Credit Union makes no representations
or warranties with respect to Internet Banking which is provided “as is”.
The Member waives and the Credit Union disclaims all warranties
and conditions expressed or implied with respect to Internet
Banking and its use by the Member, including without limitation
any warranty or condition of merchantable quality, durability,
performance it itle or fitness for a particular purpose. |
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8 |
Loss or Theft and Member's Liability |
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The Member agrees to notify the Credit Union immediately
of the loss, misuse or unauthorised use of your Personal Access
Code, or if your Personal Access Code becomes known to anyone
other than the Member or any authorised signatory or joint
account holder.
The Member is responsible for the use of the Personal Access
Code and Internet Banking and will be liable for all authorised
and unauthorised use, including all purchases and withdrawals
on, and any transfers from any Accounts, and all fraudulent
or worthless deposits which are made into any Accounts. The
Member will not be liable for any unauthorised use which
occurs after the Member gives notice to the Credit Union
in accordance with this Agreement that the Personal Access
Code is lost, stolen or misused or that the Personal Access
Code may have become known to anyone other than the Member
or any authorised signatory or joint account holder, provided
that the Member did not reveal the Personal Access Code to
any other person, write down or otherwise record in any manner
or on any media, the Personal Access Code, or keep a poorly
disguised written record of the Personal Access Code, with
the exception that a Member may disclose a Personal Access
Code to each joint holder of that Member's joint Account,
and to each authorised signatory on the Member's Account.
To notify the Credit Union of any loss, theft, misuse or
unauthorised use, the Member must call SGE Direct
on 1300 364 400 . The Credit Union's records of notification will
be deemed correct.
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9 |
Termination |
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The Credit Union may at any time without notice, withdraw
permission to use Internet Banking, or cancel or alter Internet
Banking without being liable for any loss resulting from such
action. If the Credit Union withdraws permission to use Internet
Banking, or if the Member no longer wishes to use Internet
Banking, the Personal Access Code will be terminated and the
Member will not be issued another Personal Access Code. The
termination of Internet Banking for any reason will not relieve
the Member of any obligations under this Agreement with respect
to Internet Banking. |
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10 |
Changes to Agreement |
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The Credit Union can add to or change the terms and conditions
of this Agreement from time to time, but the Credit Union will
give at least 30 days notice of any such additional or amended
terms and conditions. Such notice may be given to the Member
either in writing addressed to the last address provided by
the Member to the Credit Union, or in the form of a notice
displayed at all the Credit Union branches, or in the form
of a notice displayed on the screen when accessing Internet
Banking. If the Member continues to use Internet Banking after
the effective date of any additional or amended term or condition
to this Agreement, then the Member will be deemed to have understood
and accepted any such additional or amended term or condition. |
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11 |
Other Agreements |
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The terms and conditions of the Member's Business Account
Agreement with the Credit Union, the Member's Account Agreement
with the Credit Union and any other conditions or agreements
between the Member and the Credit Union regarding any Accounts
shall remain in full force and effect and shall apply to each
Transaction, except as expressly modified by the terms and
conditions of this Agreement. If there is a conflict between
any provision of any of these other agreements and this Agreement,
this Agreement will prevail with the exception that the Account
Agreement, and the Business Account Agreement between the Member
and the Credit Union will prevail over this Agreement. This
Agreement supersedes any Cardholder Agreement which the Member
may previously. have entered into with the Credit Union. |
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12 |
Bill Payment 0ption |
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On any Account which requires the signature of more than
one authorised signatory or joint holders in order to conduct
a Transaction, no one will be permitted to use Internet Banking
in order to make bill payments or to otherwise transfer funds
out of such Account. |
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13 |
General |
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If the Member is the joint holder of
an Account, then each joint holder of that Account will be
held jointly and severally
liable for all Transactions conducted using Internet Banking
with respect to that Account. If, in addition to the execution
of this Agreement by the Member, any joint holder of an Account
also executes this Agreement, then that joint holder and
the Member will be jointly and severally liable for the obligations
of "the Member" under this Agreement. If any provision
of this Agreement is determined to be invalid or unenforceable,
the remainder of the Agreement will continue in full force
and effect. This Agreement is binding upon the Member and
the Member's heirs, executors, administrators and personal
representatives.
This Agreement is binding upon and will continue for the
benefit of the Credit Union, its successors and assigns. |
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14 |
Using BPAY |
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You acknowledge that we are not required to effect a BPAY
Payment if any of the information you give us is inaccurate.
We will debit the value of each BPAY Payment and any applicable
fees to the Account from which the relevant BPAY Payment is
made. |
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15 |
Processing of BPAY payments |
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A BPAY Payment instruction is irrevocable. You cannot stop
a BPAY Payment once you have instructed us to make it and we
cannot reverse it. We will treat your BPAY Payment instruction
as valid if, when you give it to us, you use the correct Access
Method. You should notify us immediately if you think that
you have made a mistake or if you did not authorise a BPAY
Payment that has been made from your Account. A BPAY Payment
is treated as received by the recipient to whom it is directed
on the date you make it. If we are advised that your payment
cannot be processed we will advise you of this and take all
reasonable steps to assist you in making the BPAY Payment as
quickly as possible. If there are insufficient cleared funds
or, as relevant, insufficient available credit, the BPAY transaction
will not be made. You are responsible for checking your Account
transaction details or Account statement to ensure your authorised
payments are made correctly. You should contact us on 02 9287
1000 if there are any problems with your payments. |
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16 |
BPAY transaction limits |
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We may limit the amount of BPAY Payments you may make on
anyone day. We will advise you of all such a transaction limits. |
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17 |
Refusing BPAY payment directions |
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You acknowledge and agree that: We may refuse for any reason
to give effect to any direction you give us in respect of a
payment to be made via BPAY; and We are not liable to you or
any other person for any loss or damage which you or that other
person may suffer as a result of such refusal. |
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18 |
Privacy |
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We collect personal information about you for the purposes
of providing our products and services to you and for processing
your Internet Banking facility payments. We may disclose your
personal and transactional information to associated organisations
including CUSCAL. You must notify us if any of your personal
information changes and you consent to us disclosing your updated
personal information to the parties in clause 13(a). You may
have access to the personal information we hold about you at
any time by asking us, or to any of the personal information
held by any of the parties in clause 13(a) by contacting them. |
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19 |
Code of Conduct |
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The relevant provisions of the new Mutual Banking Code of Practice
apply to these Terms and Conditions. |
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20 |
Electronic funds transfer code of conduct |
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We warrant that we will comply with the Electronic Funds
Transfer Code of Conduct where that code applies. |
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21 |
Consequential damage |
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This clause does not apply to the extent that it is inconsistent
with or contrary to any applicable law or code of practice
to which we have subscribed. If those laws would make this
clause illegal, void or unenforceable or impose an obligation
or liabilty which is prohibited by those laws or that code,
this clause is to be read as if it were varied to the extent
necessary to comply with those laws or that code or, if necessary,
omitted. We are not liable for any consequential loss or damage
you suffer as a result of using the internet faculty, other
than loss due to our negligence or in relation to any breach
of a condition or warranty implied by the law of contracts
for the supply of goods and services which may not be excluded,
restricted or modified at all, or only to a limited extent. |
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22 |
Resolving errors on account statements |
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All Internet banking facility payments and applicable fees
will be recorded on the Account statements of the Accounts
to which they are debited. You should check all entries on
your Account statements carefully. If you believe an Internet
banking facility Payment entered on your statement is wrong
or was not authorised by you, contact us immediately and give
the following details: (your name, Account number and card
number (if any); (the date and amount of the Internet banking
facility Payment in question; (the date of the Account statement
in which the payment in question first appeared; (a brief and
clear explanation of why you believe the payment is unauthorised
or an error. If we are unable to settle your concern immediately
and to your satisfaction, we will advise you in writing of
the procedures for further investigation and resolution of
the complaint and may request further relevant details from
you. Within 21 days of receipt from you of the details of your
complaint, we will: (complete our investigation and advise
you in writing of the results of our investigation; or (advise
you in writing that we require further time to complete our
investigation. We will complete our investigation within 45
days of receiving your complaint unless there are exceptional
circumstances. In such circumstances we will let you know of
the reasons for the delay and provide you with monthly updates
on the progress of the investigation and its likely resolution
date, except where we are waiting for a response from you and
you have been advised that we require such a response. When
we complete our investigation, we will write to you and advise
you of the outcome of our investigation and the reasons for
that outcome by reference to these Terms and Conditions and
the Electronic Funds Transfer Code of Conduct If you are not
satisfied with our decision, you may request that our senior
management review the decision. If you wish to take the matter
further, you may, for instance, contact the Credit Union Dispute
Resolution Centre or any other dispute resolution body, which
we advise you from time to time. If we find that an error was
made, we will make the appropriate adjustments to your affected
Account, including interest and charges (if any) and will advise
you in writing of the amount of the adjustment. If we decide
that you are liable for part or all of a loss arising out of
unauthorised Internet banking facility Payment, we will: (give
you copies of any documents or other evidence we relied upon
in reaching this decision; and (advise you in writing whether
or not there was any system malfunction at the time of the
payment complained of. If we fail to observe these procedures
or the requirements of the Electronic Funds Transfer Code of
Conduct when we allocate liability, conduct the investigation
or communicate the reasons for our decision and our failure
prejudices the outcome of the investigation or causes unreasonable
delay in its resolution, we will be liable for part or all
of the amount of the disputed payment. |
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23 |
Transaction recording |
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It is recommended that you record all receipt numbers issued
in respect of Internet Banking facility transfers and payments
to assist in checking transactions against your statement. |
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