| 1 |
Transaction |
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(a) |
These Conditions of Use govern use of the VISA Card to access
your Linked Account(s) at HSUCU. Each transaction
on a Linked Account is also governed by the terms and conditions
to which that account is subject. In the event of an inconsistency
between these Conditions of Use and the terms applicable to
any of your Linked Accounts, these Conditions of Use shall
prevail. |
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(b) |
Definitions: |
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Card Details - means the information provided
on the card and includes, but is not limited to, the card number
and expiry date.
Credit Union - means HSUCU with
which your Linked Account
is held.
CUSCAL -means Credit Union Services Corporation Australia Limited.
Day - means a 24-hour period commencing on midnight in Sydney Eastern
Standard
Time or Eastern Summer Time, as the case may be.
EFT System - means the shared system under which EFT Transactions are
processed.
VISA 1 (PR1) 004700 02/02
EFT Terminal - means the electronic equipment, electronic system, communications
system or software controlled or provided by or on behalf of HSUCU
or any third party for use with a VISA Card and PIN to conduct an EFT Transaction
and includes, but is not limited to, an automatic teller machine or point of
sale terminal.
EFT Transaction - means an electronic funds transfer instructed by you
or your Nominee through Electronic Equipment using a VISA Card and/or PIN or
Card
Details but not requiring a manual signature.
Electronic Equipment - includes, but is not limited to, a computer,
television, telephone and an EFT Terminal.
Linked Account - means your account(s) which you link to a VISA Card,
and includes any overdraft or line of credit which you may attach to your Linked
Account.
Merchant - means a retailer or any other provider of goods or services.
Nominee - means any person nominated by you to whom HSUCU
has
issued an additional VISA Card to access your Linked Account(s).
PIN - means the personal identification number issued to you or a Nominee
by HSUCU for use with a VISA Card when giving an instruction through
Electronic Equipment.
VISA Card - means the VISA Card issued to you or a Nominee by HSUCU. |
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(c) |
Unless otherwise required by the context, a singular word
includes the plural and vice versa |
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| 2 |
Code Of Conduct |
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(a) |
HSUCU warrants that it will comply with the requirements
of the Electronic Funds Transfer Code of Conduct where that
code applies. |
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(b) |
The relevant provisions of the Credit Union Code of Practice
apply to these Conditions of Use. |
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| 3 |
Signing The Card |
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You agree to sign your
VISA Card immediately upon receiving it and before using it
as a means of preventing fraudulent or unauthorised use of
your VISA Card. You must ensure that your Nominee signs the
VISA Card issued to them immediately upon receiving it and
before using it. |
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| 4 |
Protecting The Pin |
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(a) |
HSUCU will provide a PIN to use the VISA Card
with certain Electronic Equipment. You agree to protect this
PIN as a means of preventing fraudulent or unauthorised use
of the VISA Card. |
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(b) |
You must not tell or show the PIN to another person or allow
it to be seen by another person, including your family and
friends. |
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(c) |
If you change the PIN, you must not select a PIN that represents
your birth date or a recognisable part of your name. If you
do use an obvious PIN such as a name or date you may be liable
for any losses which occur as a result of unauthorised use
of the PIN before notification to the Credit Union that the
PIN has been misused or has become known to someone else. |
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(d) |
Do not record the PIN on the VISA Card or keep a record of
the PIN on anything which is kept with or near the VISA Card
unless reasonable steps have been taken to carefully disguise
the PIN or to prevent unauthorised access to that record. |
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| 5 |
Using The Credit Card |
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(a) |
The VISA Card may only be used to perform transactions
on your Linked Account(s). HSUCU will advise you
of
the accounts, including any credit facility, which you may
link to the VISA Card. |
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(b) |
HSUCU will debit your Linked Account(s)
with the value of all transactions, including sales and cash
advance
vouchers arising from the use of the VISA Card (including all
mail or telephone orders placed by quoting the VISA Card number)
and all other EFT Transactions, or credit your Linked Account(s)
with the value of all deposit transactions at EFT Terminals. |
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(c) |
HSUCU will advise you from time to time: |
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(i) |
what EFT Transactions may be performed using the VISA Card;
and |
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(ii) |
what EFT Terminals of other financial institutions may be
used. |
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(d) |
Transactions will not necessarily be processed
to your Linked Account on the same Day. |
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| 6 |
Using The Card Outside
Australia |
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(a) |
Use of the VISA Card outside Australia must comply
with any exchange control requirements. |
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(b) |
A cardholder must comply with all applicable
exchange control and tax laws governing the use of the card
and you indemnify us against liability, loss, fees, charges
or costs arising as a consequence of a failure to comply with
them. |
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(c) |
All transactions made overseas on the VISA Card
will be converted into Australian currency by VISA International,
and calculated at a whole sale market rate selected by VISA
from within a range of wholesale rates or the government mandated
rate that is in effect one day prior to the Central Processing
Date (that is, the date on which VISA processes the transaction). |
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(d) |
All transactions made overseas on the VISA Card
are subject to a conversion fee equal to 2% of the value of
the transaction and payable to CUSCAL, the principal member
of VISA International under which HSUCU can provide
you with the VISA card. The amount of this currency conversion
fee is subject to change from time to time and HSUCU
will advise you in advance of any such change. |
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(e) |
Some overseas Merchants and EFT Terminals charge
a surcharge for making an EFT Transaction. Once you have confirmed
the transaction you will not be able to dispute the surcharge.
The surcharge may appear on your statement as part of the purchase
price |
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(f) |
Before traveling overseas, you or your Nominee
should consult HSUCU to obtain the VISA INTERNATIONAL
CARD HOTLINE number for your country of destination. You should
use the VISA INTERNATIONAL CARD HOTLINE if any of the circumstances
described in clause 17 apply. |
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| 7 |
Withdrawal And Transaction
Limits |
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(a) |
You agree that the VISA Card will not be used
to. |
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(i) |
overdraw any of your Linked Account(s); or |
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(ii) |
exceed the unused portion of your credit limit under any
prearranged credit facility such as line of credit or overdraft. |
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(b) |
If clause 7(a) is breached, HSUCU
may: |
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(i) |
dishonour any payment instruction given; and |
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(ii) |
charge you an administrative fee as advised to you from time
to time. |
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(c) |
HSUCU may at any time limit the amount
of an EFT Transaction and will advise you of any such daily
or periodic transaction limits at the time of your application
for the VISA Card. |
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(d) |
You acknowledge that third party organisations
including Merchants or other financial institutions may impose
additional restrictions on the amount of funds that may be
withdrawn, paid or transferred. |
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| 8 |
Authorisations |
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You acknowledge and
agree that: |
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(a) |
HSUCU has the right to deny authorisation
for any EFT Transaction for any reason; and |
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(b) |
HSUCU will not be liable to you or
any other person for any loss or damage, which you or such
other person may suffer as a result of such refusal. |
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| 9 |
Deposits At EFT Terminals |
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(a) |
Any deposit you make at an EFT Terminal will
not be available for you to draw against until your deposit
has been verified by the EFT Terminal and accepted by HSUCU |
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(b) |
Cheques will not be available to draw against
until cleared |
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(c) |
Your deposit is accepted once HSUCU
has verified it in the following way: |
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(i) |
your deposit envelope will be opened in the presence of any
two persons authorised by the Credit Union; |
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(ii) |
should the amount you record differ from the amount counted
in the envelope, HSUCU may correct your record to
the amount counted; |
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(iii) |
HSUCU's count is conclusive in the absence of
manifest error or fraud; |
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(iv) |
HSUCU will notify you of any correction. |
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(d) |
If the amount recorded by the EFT Terminal as
having been deposited should differ from the amount counted
in the envelope by the Credit Union, HSUCU will
notify you of the difference as soon as possible and will advise
you of the actual amount which has been credited to your Linked
Account. |
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(e) |
HSUCU is responsible for the security
of your deposit after you have completed the transaction at
the EFT Terminal (subject to the Credit Union's verification
of the amount you deposit). |
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| 10 |
Account Statements |
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(a) |
HSUCU is responsible for the security
of your deposit after you have completed the transaction at
the EFT Terminal (subject to the Credit Union's verification
of the amount you deposit). |
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(b) |
In respect of any Linked Accounts which have
a pre-arranged credit facility attached such as a line of credit
or overdraft, the Credit Union will send you an account statement
monthly. |
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(c) |
You may request a copy of your account statement
at any time. |
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(d) |
HSUCU may charge a fee for responding
to any request by you to provide more frequent account statements
or copies of your account statements. |
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| 11 |
Transaction Slips And
Receipts |
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It is recommended that
you check and retain all transaction slips, receipts and payment
or transfer reference numbers issued to you after conducting
an EFT Transaction, as well as copies of all sales and cash
advance vouchers, to assist in checking EFT Transactions against
your statements. |
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| 12 |
Additional Cards |
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(a) |
You may authorise HSUCU, if it agrees,
to issue an additional VISA Card to your Nominee provided this
person is over the age of 18 (unless the Credit Union agrees
to a younger age). |
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(b) |
You will be liable for all transactions carried
out by your Nominee on the VISA Card. |
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(c) |
HSUCU will give each Nominee a PIN. |
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(d) |
Your Nominee's use of the VISA Card and PIN is
governed by the Conditions of Use. |
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(e) |
You must ensure that each Nominee protects their
VISA Card and PIN in the same way as these Conditions of Use
require you to protect your VISA Card and PIN. |
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| 13 |
Renewal Of The Visa
Card |
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(a) |
Unless you are in breach of these Conditions
of Use or HSUCU deems otherwise for the security
of the EFT System or individual accounts, the Credit Union
will automatically provide you and your Nominee with a replacement
VISA Card before the expiry date of the current VISA Card or
additional VISA Card. |
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(b) |
If you do not wish to receive a replacement VISA
Card, either for yourself or for your Nominee, you must notify
HSUCU before the expiration date of the current
VISA Card. You must give the Credit Union reasonable time beforehand
to arrange cancellation of the issue of a replacement VISA
Card. |
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| 14 |
Cancellations And Return Of The Visa Card |
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(a) |
The VISA Card always remains the property of
HSUCU. |
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(b) |
HSUCU can immediately cancel the VISA
Card and demand its return at any time for security reasons
or if you breach these Conditions of Use or the terms and conditions
of your Linked Accounts, including capture of the VISA Card
at any EFT Terminal. |
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(c) |
HSUCU may, at any time, cancel the
VISA Card for any reason by giving you 30 Days written notice.
The notice does not have to specify the reasons for the cancellation. |
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(d) |
You may cancel your VISA Card or any VISA Card
issued to your Nominee at any time by giving the Credit Union
written notice. |
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(e) |
If you or HSUCU cancel the VISA Card
issued to you, any VISA Card issued to your Nominee(s) will
also be cancelled. |
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(f) |
You will be liable for any transactions you or
your Nominee make using the VISA Card before the VISA Card
is cancelled but which are not posted to your Linked Account
until after cancellation of the VISA Card. |
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(g) |
You must return your VISA Card and any VISA Card
issued to your Nominee to HSUCU when: |
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(i) |
HSUCU notifies you that it has cancelled the VISA
Card; |
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(ii) |
you close your Linked Account(s); |
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(iii) |
you cease to be a member of HSUCU; |
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(iv) |
you cancel your VISA Card, any VISA Card issued to your Nominee,
or both; |
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(v) |
you alter the authorities governing the use of your Linked
Account(s) unless the Credit Union agrees otherwise. |
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| 15 |
Use After Cancellation Or Expiry Of The Visa
Card |
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(a) |
You must not use the VISA Card or allow your
Nominee to use the VISA Card: |
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|
(i) |
before the valid date or after the expiration
date shown on the face of the VISA Card; or |
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(ii) |
after the VISA Card has been cancelled. |
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(b) |
You will continue to
be liable to reimburse HSUCU for any indebtedness
incurred through such use whether or not you have closed your
Linked Account(s) at the Credit Union. |
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| 16 |
Your Liability In Case
The Visa Card Id Lost Or Stolen Or In Case Of Unauthorised
Use |
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(a) |
You are liable for
all losses caused by unauthorised EFT Transactions unless any
of the circumstances specified in paragraph b below apply. |
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(b) |
You are not liable
for losses: |
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(i) |
where it is clear that you and your Nominee
have not contributed to the loss; |
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(ii) |
that are caused by the fraudulent
or negligent conduct of employees or agents of: |
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• |
the Credit Union; |
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|
• |
any organisation involved in the provision of
the EFT System; or |
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|
• |
any Merchant; |
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relating to a forged, faulty, expired or cancelled
VISA Card or PIN; |
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(iii) |
that are caused by
the same transaction being incorrectly debited more than once
to the same account; |
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(iv) |
that would exceed the
amount of your liability to HSUCU had the Credit
Union exercised its rights (if any) under the VISA International
Rules and Regulations against other parties to those rules
and regulations; or |
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(v) |
resulting from unauthorised
use of the VISA Card or PIN: |
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(1) |
in relation to an EFT Transaction which does
not require a PIN authorisation, before receipt of the VISA
Card; |
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(2) |
in relation to an EFT Transaction which requires
PIN authorisation, before receipt of the PIN; or |
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(3) |
in either case, after notification to HSUCU in accordance with clause 17 that the VISA Card is being
used without authority, that it has been lost or stolen, or
that PIN security has been breached. |
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(c) |
You will be liable
for any loss of funds arising from any unauthorised EFT Transaction
using the VISA Card or PIN if the loss occurs before notification
to HSUCU or the VISA Card Hotline that the VISA
Card has been misused, lost or stolen or the PIN has become
known to someone else and if the Credit Union proves, on the
balance of probabilities, that you or your Nominee contributed
to the loss through: |
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(i) |
fraud, failure to look
after and keep the PIN secure in accordance with clauses 4(b),
(c) and (d), or extreme carelessness in failing to protect
the security of the PIN; or |
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(ii) |
unreasonably delaying
in notifying HSUCU or the VISA Card Hotline of the
misuse, loss or theft of the VISA Card or of the PIN becoming
known to someone else and the loss occurs between the time
you or your Nominee did, or reasonably should have, become
aware of these matters and the time of notification to HSUCU or the VISA Card Hotline. |
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|
However, you will not
be liable for: |
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|
a. |
the portion of the
loss that exceeds any applicable daily or periodic transaction
limits on your Linked Account(s); |
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|
b. |
the portion of the
loss on any Linked Account which exceeds the available balance
of that Linked Account (including any prearranged credit);
or |
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|
c. |
all losses incurred
on any account which you had not agreed with HSUCU
could be accessed using the VISA Card and PIN. |
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(d) |
Where a PIN was required
to perform the unauthorised transaction and clause 16(c) does
not apply, your liability for any loss of funds arising from
an unauthorised transaction using the VISA Card, if the loss
occurs before notification to HSUCU or the VISA
Card Hotline that the VISA Card has been misused, lost or stolen
or the PIN has become known to someone else, is the lesser
of: |
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|
(i) |
$150; |
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(ii) |
the actual loss at
the time of notification to HSUCU or the VISA Card
Hotline of the misuse, loss or theft of the VISA Card, or of
the PIN becoming known to someone else (except that portion
of the loss that exceeds any daily or periodic transaction
limits applicable to the use of your VISA Card or your Linked
Account); or |
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|
(iii) |
the balance of your
Linked Account, including any prearranged credit. |
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(e) |
If, in cases not involving
EFT Transactions, the VISA Card or PIN are used without authority,
you are liable for that use before notification to HSUCU or the VISA Card Hotline of the unauthorised use, up
to your current daily withdrawal limit. |
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(f) |
Notwithstanding any
of the above provisions, your liability will not exceed your
liability under the provisions of the Electronic Funds Transfer
Code of Conduct, where that code applies. |
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| 17 |
How To Report Loss,
Theft Or Unauthorised Use |
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(a) |
If you or your Nominee
believe the VISA Card has been misused, lost or stolen or the
PIN has become known to someone else, you or your Nominee must
immediately contact HSUCU (if during business hours)
or the VISA CARD HOTLINE at any time on its emergency number
detailed in the box below. |
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(b) |
The VISA Card Hotline
or HSUCU will acknowledge the notification by giving
a reference number. Please retain this number as evidence of
the date and time of contacting the Credit Union or the VISA
Card Hotline. |
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(c) |
When contacting the
VISA Card Hotline, you or your Nominee should confirm the loss
or theft as soon as possible at the Credit Union's office. |
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(d) |
The VISA Card Hotline
is available 24 hours a day, 7 days a week. |
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(e) |
If the VISA Card Hotline
is not operating at the time notification is attempted, the
loss, theft or unauthorised use must be reported to HSUCU as soon as possible during business hours. HSUCU will be liable for any losses arising because the VISA
Card Hotline is not operating at the time of attempted notification,
provided that the loss, theft or unauthorised use is reported
to the Credit Union as soon as possible during business hours. |
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(f) |
If the loss, theft
or misuse, occurs OUTSIDE AUSTRALIA you or your Nominee must
notify an organisation displaying the VISA sign and also then
confirm the loss, theft or misuse of the card: |
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(i) |
with HSUCU
by telephone or priority paid mail as soon as possible; or |
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(ii) |
by telephoning the
VISA INTERNATIONAL CARD HOTLINE number for the country you
are in, which you must obtain from HSUCU prior to
your departure in accordance with clause 6(f) of these Conditions
of Use. |
VISA CARD HOTLINE
Australia wide toll free - 1800 224 004
Sydney Metropolitan Area - 9959 7480 |
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| 18 |
Steps You Must Take
To Resolve Errors Or Disputed EFT Transactions |
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(a) |
If you believe an EFT
Transaction is wrong or unauthorised or your periodical statement
contains any instances of unauthorised use or errors, immediately
notify HSUCU. Later, but as soon as you can, you
must give the Credit Union the following information: |
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(i) |
your name, account
number and VISA Card number; |
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(ii) |
the error or the transaction
you are unsure about; |
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(iii) |
a copy of the periodical
statement in which the unauthorised transaction or error first
appeared; |
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(iv) |
an explanation, as
clearly as you can, as to why you believe it is an unauthorised
transaction or error, and |
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(v) |
the dollar amount of
the suspected error. |
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|
If your complaint concerns
the authorisation of a transaction, HSUCU may ask
you or your Nominee to provide further information. |
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(b) |
HSUCU will
investigate your complaint, and if it is unable to settle your
complaint immediately to your and its satisfaction, it will
advise you in writing of the procedures for further investigation
and resolution and may request further relevant details from
you. |
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(c) |
Within 21 Days of receipt
from you of the details of your complaint HSUCU
will: |
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(i) |
complete its investigation
and advise you in writing of the results of its investigation;
or |
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(ii) |
advise you in writing
that it requires further time to complete its investigation. |
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|
HSUCU will
complete its investigation within 45 Days of receiving your
complaint, unless there are exceptional circumstances. |
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(d) |
If HSUCU
is unable to resolve your complaint within 45 Days, it will
let you know the reasons for the delay and provide you with
monthly updates on the progress of the investigation and its
likely resolution date, except where the Credit Union is waiting
for a response from you and you have been advised that the
Credit Union requires such a response. |
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(e) |
If your complaint has
not been resolved within 120 Days of receipt of the details
of your complaint, HSUCU will resolve the complaint
in your favor. |
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(f) |
If HSUCU finds that an error was made, it will make the appropriate
adjustments to your Linked Account including interest and charges
(if any) and will advise you in writing of the amount of the
adjustment. |
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(g) |
When HSUCU
advises you of the outcome of its investigations, it will notify
you in writing of the reasons for its decision by reference
to these Terms and Conditions and the Electronic Funds Transfer
Code of Conduct and advise you of any adjustments it has made
to your Linked Account. If you are not satisfied with the decision,
you may wish to take the matter further. You may, for instance,
contact the Financial Co-operative Dispute Resolution Scheme
(FCDRS) or any other dispute resolution body, which HSUCU may advise from time to time. The Financial Co-operative
Dispute Resolution Scheme contact details are: |
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|
The Ombudsman
FCDRS
PO Box 372, Clayfield QLD 4011
Telephone: 1300 780 808 (local call rate within Australia)
Facsimile: 1300 139 221 (local call rate within Australia)
Email: ombudsman@fcdrs.org.au
Website: www.fcdrs.org.au |
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(h) |
If HSUCU
decides that you are liable for all or any part of a loss arising
out of unauthorised use of the VISA Card or PIN, it will: |
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(i) |
give you copies of
any documents or other evidence it relied upon; and |
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(ii) |
advise you in writing
whether or not there was any system or equipment malfunction
at the time of the relevant transaction. |
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(i) |
If HSUCU
fails to carry out these procedures or causes unreasonable
delay in resolving your complaint, the Credit Union may be
liable for part or all of the amount of the disputed transaction
where that failure or delay has prejudiced the outcome of the
investigation. |
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| 19 |
Transaction And Other
Fees |
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(a) |
Your Credit Union will
advise you whether it charges a fee, a. HSUCU will
advise you whether it charges a fee, and the amount of such
fee, for: |
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|
• |
any transactions; |
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|
• |
issuing the VISA Card
or any additional or replacement VISA Cards; |
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|
• |
using the VISA Card; |
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|
• |
issuing the PIN or
any additional or replacement PIN; |
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|
• |
using the PIN; |
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|
• |
issuing account statements;
or |
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|
• |
any other service provided
in relation to the VISA Card. |
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(b) |
HSUCU will
also advise you whether it will debit any of your Linked Accounts
with Government charges, duties or taxes arising out of any
transaction. |
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| 20 |
Exclusions Of Warranties
And Representations |
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(a) |
HSUCU does
not warrant that Merchants displaying VISA signs or promotional
material will accept the VISA Card in payment for goods and
services. You should always enquire beforehand before selecting
goods or services. |
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(b) |
HSUCU does
not accept any responsibility should a Merchant, bank or other
institution displaying VISA signs or promotional material,
refuse to accept or honor the VISA Card. The Credit Union does
not warrant that EFT Terminals displaying VISA signs or promotional
material will accept the VISA Card. |
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(c) |
HSUCU is
not responsible for any defects in the goods and services acquired
by you through the use of the VISA Card. You acknowledge and
accept that all complaints about these goods and services must
be addressed to the supplier or Merchant of those goods and
services. |
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| 21 |
Malfunction |
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(a) |
You will not be responsible
for any loss you suffer because an EFT Terminal accepted an
instruction but failed to complete the transaction. |
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(b) |
If an EFT Terminal
malfunctions and you or your Nominee should have been aware
that the EFT Terminal was unavailable for use or malfunctioning,
the Credit Union will only be responsible for correcting errors
in your Linked Account and refunding to you any charges or
fees imposed on you as a result. |
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| 22 |
Changes To Conditions
Of use |
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(a) |
HSUCU reserves
the right to change these Conditions of Use from time to time. |
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(b) |
HSUCU will
notify you in writing at least 30 Days before the effective
date of change if it will: |
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|
(i) |
impose or increase
charges for the use of the VISA Card and PIN or for issuing
additional or replacement VISA Cards or PINs; |
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|
(ii) |
increase your liability
for losses; or |
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|
(iii) |
impose, remove or adjust
daily or other periodic transaction limits applying to the
use of the VISA Card, PIN, your Linked Account(s) or Electronic
Equipment. |
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(c) |
HSUCU will
notify you of other changes no later than the day the change
takes effect by advertisement in the national or local media,
notice in a newsletter or statement of account, or individual
notice sent to you. |
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(d) |
HSUCU is
not obliged to give you advance notice if an immediate change
to the Conditions of Use is deemed necessary for the security
of the EFT System or individual accounts. |
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(e) |
When the VISA Card
is used after notification of any such changes, you accept
those changes and use of the VISA Card shall be subject to
those changes. |
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| 22 |
Privacy And Confidentiality |
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HSUCU collects
personal information about you or your Nominee for the purposes
of providing its products and services to you. The Credit Union
may disclose that personal information to others in order to
execute any instructions, where it reasonably considers it
necessary for the provision of the VISA Card or the administration
of your Linked Account(s), or if it is required by law. You
represent that, in supplying the Credit Union with personal
information about your Nominee, you have authority to do so
and will inform them of the contents of this clause. You and
your Nominee may have access to the personal information HSUCU
holds about each of you at any time by asking
the Credit Union. For more details of how HSUCU handles personal information, refer to the Credit Union's Privacy
Policy. |
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| 23 |
Miscellaneous |
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(a) |
You agree that you
will promptly notify HSUCU of any change of address
for the mailing of any notifications, which the Credit Union
is required to send to you. |
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(b) |
HSUCU may
post all statements and notices to you at your registered address
as provided for in our Credit Union's records. |
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(c) |
If the VISA Card is
issued on a joint account, each party to that account is jointly
and severally liable for all transactions on the VISA Card. |
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