Terms & Conditions of Bpay

Welcome to your BPay® facility. You may choose to access your BPay facility via your Credit Union's web sight or phone banking.

IMPORTANT: These Terms and Conditions will govern your access to BPay. It is therefore important that you read these Terms and Conditions carefully before you use BPay. These Terms and Conditions must be read in conjunction with your account’s and/or card’s Conditions of Use.

If you access BPay then you will be taken to have read, understood and accepted these Terms and Conditions. Upon such use, these Terms and Conditions apply to every BPay payment on your account and you will be legally bound by them.

· Account/s – means your nominated account/s that your Credit Union agreed can be accessed for the purpose of effecting BPay transactions.

· BPay - means the electronic payment scheme called BPay operated in co-operation between Australian financial institutions, which enables you to effect bill payments to billers who participate in BPay, either via telephone or internet access or any other access method as approved by your Credit Union from time to time.

· BPay Internet site - means your Credit Union's BPay Internet site accessed via address www.hmcstaff.com.au or at any other address advised to you by your Credit Union from time to time.

· card - means the REDICARD or VISA CARD your Credit Union issued to you or any other card as your Credit Union may advise you from time to time.

· Card Hotline - means a dedicated telephone service line established by the credit union industry solely for cancelling Credit Union REDICARDS and VISA CARDS.

· Cut Off Time – means the time, as your Credit Union advises you from time to time, by which your payment instructions must be received by your Credit Union in order for these instructions to be processed that day by BPay.

· Password - means a unique alphabetical and or numeric combination given to you by your Credit Union that will enable you to have secure access to BPay. Separate passwords are required for online banking and phone banking.

· "your Credit Union" or "the Credit Union" refers to H.M.C. Staff Credit Union, through which you have elected to gain access to BPay; and

· "you" or "your" are references to you, the account holder(s) in respect of the account with your Credit Union which may be accessed via to BPay.

The relevant provisions of the Credit Union Code of Practice apply to these Terms and Conditions.

a. If you suspect for any reason that any one has discovered or may discover your Password, then you may change your Password by Accessing online banking or option 8 then 3 on phone banking.

If you also suspect that your card or your card details are accessible to that person (particularly if you are unable for any reason to change your Password) then it is recommended that you cancel your card, by calling the CARD HOTLINE.

b. If your card is lost or stolen or you suspect for any reason that someone has a record of your card details and may use them to access your account, you must report this to the CARD HOTLINE to have your card cancelled.

c. The CARD HOTLINE will give you a reference number. Please retain this number as evidence of the date and time of your report.

d. The CARD HOTLINE is staffed 24 hours a day, 7 days a week. However, if the CARD HOTLINE is not operating at the time you attempt to call to cancel your card, your Credit Union will be liable for any losses which:

BUT ONLY if you do call and cancel your card within a reasonable time of the CARD HOTLINE again becoming available.

e. As the CARD HOTLINE is a dedicated call line established and operated by the credit union industry solely for cancelling REDICARDS VISA CARDS issued by credit unions:

· it cannot assist you with BPay enquiries, system problems or Password issues; and

· even if you report your card as lost or stolen to the CARD HOTLINE, you should then also contact your Credit Union to advise of this cancellation and request a replacement card.

a. BPay can be used to pay bills bearing the BPay logo. Your Credit Union will advise you if and when other transactions can be made using BPay.

b. Unless you are advised otherwise, you may use BPay only to make payments from the Account.

c. Your Credit Union will debit the value of each BPay payment and any applicable fees to the Account from which the relevant BPay payment is made.

d. If you instruct your Credit Union to make any BPay payment, but close the Account to be debited before the BPay payment is processed, you will remain liable for any dishonour fees incurred in respect of that BPay payment and your Credit Union may exercise it's rights of set-off under condition 8(c).

a. A BPay payment instruction is irrevocable. Except for future-dated payments (addressed in condition 6) you cannot stop a BPay payment once you have instructed your Credit Union to make it and your Credit Union cannot reverse it.

· on the date you direct your Credit Union to make it, if your Credit Union receives your direction by the Cut Off Time on a business day; and

· otherwise, on the next business day after you direct your Credit Union to make it.

c. Notwithstanding this, a delay may occur processing a BPay payment if a biller, or another financial institution participating in BPay, does not comply with its BPay obligations.

You may arrange BPay payments up to 365 days in advance of the time for payment. If you use this option you should be aware that:

a. You are responsible for maintaining, in the Account to be drawn on, sufficient cleared funds to cover all future-dated BPay payments (and any other drawings) on the day(s) you have nominated for payment.

b. If there are insufficient cleared funds, the BPay payment will not be made and you may be charged a dishonour fee.

c. You are responsible for checking your Account transaction details or Account statement to ensure the future-dated payment is made correctly.

d. You should contact your Credit Union on (02) 9890 0300 if there are any problems with your future-dated payment.

e. You must contact your Credit Union if you wish to cancel a future-dated payment after you have given the direction but before the date for payment. You cannot stop the BPay payment on or after that date.

a. Your Credit Union may limit the amount of BPay payments you may make on any one day.

b. If at any time BPay will allow transactions other than bill payments to be processed through BPay, your Credit Union will advise you accordingly however, your Credit Union may limit the amount you may transact on any one day via BPay on the other transactions.

a. Your Credit Union may refuse for any reason to give effect to any direction you give your Credit Union in respect of a transaction to be made via BPay;

b. Your Credit Union is 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; and

c. if an Account from which the BPay payment is made has insufficient funds, your Credit Union may dishonour the BPay payment direction and/or your Credit Union may set off your BPay liabilities against any other account you have with your Credit Union BUT this does not affect your Credit Union's rights to dishonour the BPay payment direction.

a. You are liable for all transactions carried out via BPay by you or by anybody carrying out a transaction with your consent, regardless of when the transaction is processed to your Account with your Credit Union.

b. Your liability for losses arising from unauthorised BPay transactions on your Account depends on whether you contributed to the losses. You contribute to the losses by any of the following (as well as in other ways):

(ii) recording your Password on your card or without making a reasonable attempt to disguise it;

(iii) electing a Password that is easily recognisable, such as your name, date of birth or personal detail that can easily be identified;

(iv) failing to protect the security of the Password by any other act recognised by any court, government agency or industry ombudsman as a serious act contributing to the loss; and

(v) Unreasonably delaying loss or theft of the card or security breach in respect of the Password.

If you cannot memorise your Password and must record it, then do not under any circumstances:

· record your Password on your Card or if you do not have a Card, record it in an obvious place as a password, or

· keep your Password record and Card together, unless you have taken reasonable steps to disguise your Password carefully. (It is not reasonable to disguise your Password as a telephone number, a birth date or by changing the order of the characters in the Password)

· change your Password to a PIN generated by a non-financial institution.

c. If you contributed to the losses, you are liable for actual losses arising from unauthorised BPay payments incurred during the "relevant times" except:

• to the extent that the actual losses exceed the amounts you could lawfully have accessed from your account at the "relevant times", having regard to daily transaction limits, the account balance and any pre-arranged credit.

• in respect of conditions 9(b)(i)-(iv): any time prior to reporting the loss or theft or unauthorised use or security breach in accordance with condition 3; or

• in respect of condition 9(b)(v) - the time from when you became aware of the loss or theft or unauthorised use or security breach (or should reasonably have become aware of any loss or theft of the card or unauthorised use) and the time when this was reported.

d. If it is not clear whether you contributed to the loss, your liability in respect of unauthorised BPay payments is the lessor of:

• the actual losses prior to you reporting the loss or theft or unauthorised use or security breach;

• the balance in the affected Account (including any pre-arranged credit limit).

e. You are not liable for losses arising out of BPay payments if these BPay payments are the result of:

• fraudulent or negligent conduct of employees or agents of any organisation participating in BPay (including the Credit Union and any biller);

• the use of an Password or a card or details from a card which is forged, faulty expired or cancelled (as applicable);

• completing a transaction accepted into BPay otherwise than in accordance with your instructions;

(i) it was made after your report to the Credit Union or to the CARD HOTLINE of the loss or theft or unauthorised use or breach of security of the card or Password; or

(ii) it can be shown that you did not contribute to any unauthorised BPay payment made prior to your report of the loss or theft or unauthorised use or breach of security of the card or Password.

a. You agree that subject to your rights which are implied by law and which cannot be excluded by these Terms and Conditions, your Credit Union will not be liable for:

(i) any breakdown or interruption in the BPay payment system due to circumstances which are not under your Credit Union's direct control;

(ii) any corruption of data or any breakdown or interruption to your computer or any other equipment utilised to access BPay;

(iii) any error or delay in the execution of any BPay payment instructions you provided if the error or delay is due to circumstances not under your Credit Union's direct control; or

b. You agree that in the event of a breakdown or interruption to any BPay system or any failure or error in any transmission of information in respect of BPay, your Credit Union will not be liable for any resulting loss EXCEPT that your Credit Union will:

· re-transmit any information and/or repeat any interrupted service or process, as appropriate.

c. You agree that in any event, your Credit Union's liability to you in respect of any BPay payment or for your use of BPay does not include consequential, indirect or economic loss.

a. All BPay payments and applicable fees will be recorded on the account statements of the accounts to which they are debited.

b. If you believe a BPay transaction entered on your statement is wrong, contact your credit union and give the following details:

· the date of the account statement in which the transaction in question first appeared;

· a brief and clear explanation of why you believe the transaction is unauthorised or an error.

c. If your Credit Union is unable to settle your concern immediately and to your satisfaction, your Credit Union will advise you in writing of the procedures for further investigation and resolution of the complaint and may request further relevant details from you.

d. Within 5 days of receipt from you of the details of your complaint, your Credit Union will do any of the following:

· advise you in writing of the results of your Credit Union's investigation; or

· advise you in writing that your Credit Union requires further time to complete the investigation.

e. In exceptional circumstances that your Credit Union must tell you about in writing, your Credit Union may require more time to complete the investigation. In such circumstances your Credit Union will provide you with monthly updates on the progress of the investigation and its likely resolution date, except where your Credit Union is waiting for a response from you and you have been advised that your Credit Union requires such a response.

f. If your Credit Union finds that an error was made, your Credit Union 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.

g. When your Credit Union advises you of the outcome of the investigation, your Credit Union will give you reasons for your Credit Union's decision by reference to these Terms and Conditions. Your Credit Union will advise you of any adjustments your Credit Union made to your affected account and also advise you in writing of other avenues of dispute resolution. You may use these avenues of dispute resolution if you are not satisfied with your Credit Union's decision, including the right to request that the decision be reviewed by your Credit Union's senior management.

h. If your Credit Union decides that you are liable for all or any part of a loss arising out of unauthorised BPay payment, your Credit Union will:

· give you copies of any documents or other evidence your Credit Union relied upon in reaching this decision; and

· advise you whether or not there was any system malfunction at the time of the transaction complained of.

i. If your Credit Union fails to carry out these procedures or cause unreasonable delay, your Credit Union will be liable for the amount of the disputed transaction if the failure or delay has prejudiced the outcome of the investigation.

It is recommended that you record all receipt numbers issued in respect of BPay transactions to assist in checking transactions against your statements. It is recommended that you record the receipt numbers on the relevant bills.

a. Your Credit Union will advise you whether your Credit Union charges any fees, and the amount of such fees (including any dishonour fee), for:

b. Your Credit Union will also advise you whether it will debit to you any government charges, duties or taxes arising out of a BPay payment.

c. Your Credit Union may charge you with dishonour fees for any future-dated BPay payments that have failed due to insufficient funds in the relevant Account.

a. Your Credit Union may change these Terms and Conditions and BPay fees and charges from time to time.

b. Your Credit Union will notify you in writing at least 30 days before the effective date of change or such other longer period as may be required by law if the change to the Terms and Conditions will:

· make any changes to your account(s) in respect of which the law requires that notice be given to you.

c. If you do not wish your daily limit on transacted amounts via BPay to be increased you must notify your Credit Union before the effective date of change. Otherwise, once you access the increased transaction limit, you will be deemed to have consented to the increase.

e. Your Credit Union is not obliged to give you advance notice if an immediate change to the Terms and Conditions is deemed necessary for security reasons.

f. Your Credit Union is not obliged to give you advance notice if a variation involving an interest rate, fee or charge will result in a reduction in your obligations.

g. BPay is owned and operated by third parties. If the rules and regulations of BPay require that these Terms and Conditions be changed, in any way at any time, (including without prior or full notice to you) then your Credit Union will have the right to change these Terms and Conditions accordingly.

a. You may cancel your access to BPay at any time by giving your Credit Union written notice.

· your Credit Union notifies you that your card or the Account with the Credit Union has been cancelled;

· you close the last of your accounts with the Credit Union which has BPay access;

· you alter the authorities governing the use of your Account or Accounts with BPay access (unless your Credit Union agrees otherwise).

c. In addition, your Credit Union may cancel your access to BPay by providing you with 30 days written notice. The cancellation notice does not need to provide reasons for cancellation.

a. These Terms and Conditions govern your BPay access to any of your Accounts with the Credit Union. Each transaction on an Account is also governed by the Terms and Conditions to which that account is subject. In the event of any inconsistency between these BPay Terms and Conditions and the terms applicable to any of your Accounts, these BPay Terms and Conditions will prevail.

b. You agree that you will promptly notify your Credit Union of any change of address.

c. Your Credit Union may post all account statements and notices to you at your registered address as provided for in your Credit Union's rules.

d. You authorise your Credit Union to disclose to any participant in BPay, the transaction details of any BPay payment which in any way affects that participant, to the extent permitted under privacy laws.

e. Your Credit Union have developed a dispute resolution procedure and have employed an external body to resolve disputes that are unable to be resolved between you and the Credit Union. Further details of such a dispute resolution mechanism can be obtained at your Credit Union's central office by calling (02) 9890 0300.