Definitions In these Conditions of Use, where the words or terms appear
with initial capital letters (except in the case of the term "hmcdirect"), they
shall have the following meaning: |
| |
"Ancillary Equipment" means any equipment (personal computer or otherwise)
specified by your Credit Union that you will require to use the My Viewpoint Web Banking System.
"Biller" means an organisation which tells you that you can make payments
to it using BPAY.
"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 payment" means a payment transacted by your Credit
Union on your behalf using BPAY.
"Business Day" means a day that is not Saturday or Sunday, or a public
holiday or bank holiday in the place in which any relevant act is to be done.
"Credit External" refers to a payment transfer where the account
receiving the transfer is held at another (third party) financial
institution.
"Cut Off Time" means the time advised to you, prior to you confirming the
payment instructions, by which your payment instructions must be received by
your Credit Union in order for
those instructions to be processed that Business Day by BPAY or by your
Credit Union for any other payment
or transfer instructions.
"Day" means a 24 hour period commencing on midnight Eastern Standard Time
or Eastern Daylight Saving Time, as the case may be.
"hmcdirect Member" refers to members who operate an electronic only (ebanking)
membership with H.M.C. Staff Credit Union Ltd.
"Member" means a person that maintains a shareholding with the Credit
Union.
"Member Transfer" refers to a payment transfer where the account
receiving the transfer is held at your Credit Union (i.e. either your own
account or the account of another Member).
"My Viewpoint Web Banking System" means the Credit Union Internet banking service which you
access with the Ancillary Equipment via the Internet. This facility allows you to obtain
information on the Credit Union products and services and to carry out transactions on your Nominated
Accounts.
"Nominee" means any person to whom you have disclosed your Password or have
authorised in any way to use your My Viewpoint Web Banking System.
"Nominated Accounts" means, upon you receiving authorisation from
your Credit Union to
access the My Viewpoint Web Banking System, all your accounts under your membership.
"Notice" means any form of written communication between you and
your Credit Union which
includes written correspondence faxed, mailed by prepaid post or emailed.
"Online Banking" means the My Viewpoint Web Banking System, which you
access with the Ancillary Equipment via the Internet. This facility allows
you to obtain information on your Credit Union products and services and to
carry out transactions on your Nominated Accounts.
"Password" means the 6-8 digit alphanumeric combination that enables you to
use the My Viewpoint Web Banking System.
"Personal Payee" means account payment instruction details which are
loaded on a Members Online Banking facility to facilitate the transfer of
funds/payment to that account, by the member, using the My Viewpoint Web
Banking System on a one off, future or regular payment basis.
"Premium Member" refers to members who operate a transactions
account with H.M.C. Staff Credit Union Ltd. |
| 1. |
Introduction |
| a. |
In accepting access to H.M.C. Staff Credit Union Ltd you agree to comply with
these Conditions of Use. The Conditions of Use operate in conjunction with the terms and
conditions applicable to Nominated Accounts. Save for the provisions in clause 5(e) of
these Conditions of Use, if there is any inconsistency between these Conditions of Use and
the Nominated Account, these Conditions of Use prevail. |
| b. |
In these Conditions of Use, any reference to "the Credit Union", "your
Credit Union", "we" or "our" is a reference to; H.M.C. Staff Credit Union Ltd.
ABN 58 087 650 137 AFSLN 246567. |
| c. |
Unless otherwise required by the context, words importing the singular include the plural
and vice versa. |
| d. |
Your Credit Union may attach services to or remove services from the My Viewpoint Web Banking System. You
will be notified if this is the case. Separate terms and conditions of use may apply to the
added services. |
| e. |
Certain provisions of the Credit Union Code of Practice apply to these
Conditions of Use. A copy of the Credit Union Code of Practice is available
from the Credit Union's website or by telephoning your Credit Union.
|
| f. |
Your Credit Union will comply with the terms of the Electronic Funds Transfer Code of
Conduct where that code applies. A copy of the EFT Code of Conduct is
available from your Credit Union on request. |
| 2. |
Restrictions and Termination of Access to the My Viewpoint Web Banking System
|
| a. |
Your Credit Union reserves the right to restrict your access to the My Viewpoint Web Banking System.
|
| b. |
You may cancel your use of the My Viewpoint Web Banking System at any time by giving
your Credit Union
Notice. |
| c. |
Your Credit Union may immediately terminate your use of the My Viewpoint Web Banking System at any time for
security reasons or if you breach these Conditions of Use or the terms and conditions of any
Nominated Accounts. |
| d. |
Your Credit Union may terminate your use of the My Viewpoint Web Banking System, for any reason, by giving
you 14 days Notice. The Notice does not have to specify reasons for cancellation.
|
| e. |
Transactions for which you have given your Credit Union instructions and which are scheduled to be made
after your use of the My Viewpoint Web Banking System is terminated may not be effected by
your Credit Union.
|
| 3. |
Protecting your Password, Computer and Ancillary Equipment |
| a. |
Your Credit Union will provide you with a Password to use the My Viewpoint Web Banking System. You agree to
protect this Password as a means of preventing fraudulent or unauthorised use of your
Nominated Accounts via the My Viewpoint Web Banking System. |
| b. |
You must change your Password the first time you use the My Viewpoint Web Banking System and
at frequent intervals thereafter, for example, monthly. When you change your Password, you
must not select a Password which represents your birth date or a recognisable part of your
name. If you do use an obvious Password such as a name or date you will be liable for any
losses which occur as a result of unauthorised use of your Password before you notify
your Credit Union that
your Password has been misused, lost or stolen or become known to someone else.
You agree to instruct your Nominee(s) not to select a Password which represents a date or
name, and of the consequences to you if they do select such a Password. |
| c. |
If you give your Password to your Nominee, you will be liable for all transactions
carried out by your Nominee using the My Viewpoint Web Banking System. Your Nominee's use of the
My Viewpoint Web Banking System is governed by these Conditions of Use. You will be liable for
any failure of your Nominee to observe these Conditions of Use. |
| d. |
You must not tell or show your Password to another person or allow it to be seen by
another person, including family and friends. |
| e. |
If you need to record your Password then do not under any circumstance record it
on your computer or related articles unless you have taken reasonable steps to carefully
disguise it or to prevent unauthorised access to the record. 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. |
| f. |
You have a responsibility to exercise reasonable care to prevent unauthorised access to
the Ancillary Equipment you use for the My Viewpoint Web Banking System: |
| c. |
You may only use the My Viewpoint Web Banking System to perform transactions on
Nominated Accounts. If the terms and conditions of a Nominated Account such as, but not
limited to, a fixed term deposit or loan account, provide a transactional restriction, then
such a restriction will equally apply to the My Viewpoint Web Banking System. |
| d. |
If you are a signatory to a Nominated Account which can be operated on the
instructions of any one signatory to the account, you may access the account with the
My Viewpoint Web Banking System. If you are a signatory to a Nominated Account which requires
more than one signatory for its operation, your ability to transact on such an account with
the My Viewpoint Web Banking System is subject to Clause 5A. |
| e. |
Except as your Credit Union otherwise agree from time to time to allow future dated
transactions and subject to terms and conditions of accounts under which funds are not
available at call such as notice of withdrawals account, transactions utilising the
My Viewpoint Web Banking System will normally be processed the same Business Day or the
following Business Day. |
| f. |
You acknowledge and agree that your Credit Union is authorised to act on instructions
given by you (or your Nominee) through the My Viewpoint Web Banking System using your Password.
|
| g. |
If any Nominated Account is in the name of more than one person, the liability of all
account holders under these Conditions of Use will be joint and several for any transactions
carried out on that account in accordance with these Conditions of Use. |
| 5A. |
Multiple Signatures Nominated Accounts *
* This provision will only apply if your Credit Union offers this facility as part of
the
My Viewpoint Web Banking System. |
| a. |
For the avoidance of doubt, in this Clause a reference to a Nominated Account that
requires more than one signature (Multiple Signatures Nominated Account - MSNA) is a
reference to, but without limitation, a joint account, company account, trust account,
partnership and any other account that requires more than one signature to operate the
account but excluding an account of an individual that requires multiple signatures.
|
| b. |
An individual signatory to an MSNA may access the MSNA with the
My Viewpoint Web Banking System to make inquiries about the details of the account (such as
obtaining the account balance... etc) An individual signatory cannot effect transactions
on the account unless the individual signatory has obtained the authority of all other
signatories to the MSNA in accordance with Clause 5A(c). |
| c. |
If an individual signatory to an MSNA: |
| 6. |
Disputed Transactions |
| a. |
If you believe a My Viewpoint Web Banking System transaction
is wrong or unauthorised, or your periodical statement contains any instances of
unauthorised use or errors, immediately notify your Credit Union. Your
Credit Union may ask you to provide further
information. |
| b. |
Your Credit Union will investigate your complaint, and if unable to immediately settle your
complaint to your and our satisfaction, advise you in writing of the procedures for
further investigation and resolution and may request further relevant details from you.
|
| c. |
Within 21 days of receiving your complaint, your Credit Union will advise you in writing of the results
of the investigation, or advise you in writing that further time is required to complete
the
investigation. |
| d. |
Your Credit Union will complete the investigation within 45 days of receiving your complaint, unless
there are exceptional circumstances. In such circumstances your Credit Union
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 your Credit Union is waiting for a response from you and you have
been advised that such a response is required. |
| e. |
When you are notified of the result of the investigation, you will be
advised in writing of
the reasons for the decision. If your Nominated Account is found to have been incorrectly
credited or debited your Credit Union will adjust the account accordingly and notify you of this. If you
are not satisfied with the decision, you may wish to take the matter further. Your Credit Union Dispute Resolution
Guide to Members explaining how your Credit Union deals with complaints and
disputes is available on the website (www.hmcstaff.com.au)
or by contacting your Credit Union national office on (02) 9890 o300. Your
Credit Union also belongs to the Credit Union Dispute Resolution Centre (CUDRC): |
| f. |
It is recommended that you record all receipt numbers, payment or transfer
reference numbers as issued to you by the My Viewpoint Web Banking System to assist in checking
transactions against your statements. |
| 7. |
Withdrawals, Transfers, Payments and Transaction Limits
Note that hmcdirect Members are excluded from
using transaction facilities other than BPay, Redraw and one nominated
Credit External account.
|
| a. |
In the absence of any daily or other periodic transaction limit arrangements between you
and your Credit Union, you are only able to withdraw, transfer funds or make payments up to the available
balance of your selected Nominated Account including the unused portion of any credit limit
relating to that account. You agree that aggregation of any available balance or credit
limit on Nominated Accounts is not possible when determining the available balance or credit
limit for the selected Nominated Account.
You acknowledge that third party organisations (such as merchants or other financial
institutions) may impose additional restrictions on the amount of funds you may withdraw,
deposit or transfer. |
Transfers of Funds/Payment
|
| b. |
Member Transfer - Premium Members may transfer funds to their own
accounts or to another H.M.C. Staff Credit Union Ltd., Members account or
set up another H.M.C. Staff Credit Union Ltd., Members account using the My
Viewpoint Web Banking System as a Personal Payee to make one off, future
dated or regular transfers to that account. It is not necessary to provide
your Credit Union with a separate authority for these transfers unless you
also want these accounts to be available for transfer on your Credit Union's
Phone Banking service.
Note that hmcdirect Members who access this
function will breach the terms and conditions of the High Rate Savers
account and this may lead to a penalty being applied to their High Rate
Savers interest rate.
|
| c. |
Credit External - Premium Members may provide the
Credit Union with Credit External account instructions through the following
process, allowing for at least 48 hours, not including Saturday, Sunday or a
public holiday, for the Credit Union to process the instructions:
|
| |
(i) |
complete and submit to your Credit Union the form
PERSONAL PAYEE INSTRUCTIONS or advise your Credit Union, in
writing, of the details of the account to which you wish to transfer funds
to, such details to include the name under which the account is held, the
name of the financial institution, its BSB and account number; |
| |
(ii) |
Your Credit Union will contact you to confirm the authority
and update the My Viewpoint Web Banking System
so that transfers to the destination account will be permitted the next time you log in to
the My Viewpoint Web Banking System; Note that:
- contact will be made through the details held on file at your Credit
Union. Please make sure that you will be available at one of those
contact locations before submitting your Personal Payee Instructions.
- details of destination accounts that you have supplied to your
Credit Union will
remain on the My Viewpoint Web Banking System and will be able to be utilised
by you at any time;
|
|
(iii) |
You may then use the My Viewpoint Web Banking System to make one off,
future dated or regular transfers to the account.
|
| d. |
At all times you acknowledge and agree that if the transfer of funds/payment is to be executed
immediately, once you have confirmed a transfer of funds/payment, the instruction is irrevocable and
cannot be reversed. If you have made an error in the transfer/payment instruction you must contact
your Credit Union as soon as you realise the error as well as, if applicable, contact the intended recipient
of the funds, in an endeavour to correct the erroneous transfer. Your Credit
Union cannot warrant that the
transfer/payment can be stopped or that the funds will not be appropriated prior to you taking action
to correct the error. It is therefore imperative that transfer/payment details are verified by you
prior to confirming the instruction; |
| e. |
At all times you acknowledge and agree that if the
transfer of funds/payment is a future dated
transfer/payment or a regular transfer of funds/payment you will be able to vary your instructions
provided that the time for completing the transfer/payment has not passed. If the time for
completing the transfer/payment has passed and you realise that you have made an error in the
transfer/payment instruction you must contact your Credit Union as soon as you realise the error as well as, if
applicable, contact the intended recipient of the funds, in an endeavour to correct the
erroneous transfer. Your Credit Union cannot warrant that the
transfer/payment can be stopped or that the funds
will not be appropriated prior to you taking action to correct the error. It is therefore
imperative that transfer/payment details are verified by you prior to confirming the instruction.
|
| j. |
You agree that you will not use the My Viewpoint Web Banking System to
exceed the unused portion of your credit limit whether under any pre-arranged credit
facility such as a line of credit, overdraft or otherwise. |
| 8. |
Using BPAY through the My Viewpoint Web Banking System *
|
| a. |
The provisions of this clause 8 apply if and when you instruct your
Credit Union to make a BPAY
payment. |
| Using BPAY |
| b. |
BPAY can be used to pay bills bearing the BPAY logo. |
| c. |
Your Credit Union will advise you if and when other transactions can be made using BPAY but until you
are advised otherwise, you may use BPAY only to make payments. |
| d. |
To instruct your Credit Union to make a BPAY payment you must advise
your Credit Union of the Biller's Code number (found on your bill), your
Customer Reference Number (eg your account number with the Biller), the
amount to be paid and the Nominated Account from which the amount is to be
paid. You acknowledge that your Credit Union is not obliged to effect a BPAY payment instruction if that
information is incomplete and/or inaccurate. |
| e. |
Your Credit Union will debit the value of each BPAY payment and any applicable fees to the selected
Nominated Account. Instructions will not be acted upon if there are insufficient funds
available in the selected Nominated Account. |
Processing BPAY Payments |
| f. |
You cannot stop a BPAY payment once you have instructed
your Credit Union to
make it except: |
|
(i) |
where the instruction relates to a future dated payment and you instruct
your Credit Union
to stop the payment prior to the stipulated date for payment; or
|
|
(ii) |
where your Credit Union agrees to arrange for the Biller's Financial Institution to
stop the payment to the Biller.
|
| g. |
If you make an error in a payment instruction you should contact
your Credit Union
immediately. Your Credit Union will use our best endeavours to assist you in tracing and stopping the
payment instruction but cannot undertake that a payment instruction can be stopped.
There are BPAY procedures dealing with erroneous payment instructions and
your Credit Union must abide by
these procedures.
|
| h. |
You must be careful to ensure you tell your Credit Union the correct amount you wish to
pay. If you instruct a BPAY payment to be made and later discover that: |
|
(i) |
the amount you told your Credit Union to pay was greater than the amount you needed to pay, you must
contact the Biller to obtain a refund of the excess; or |
|
(ii) |
the amount you told your Credit Union to pay was less than the amount you needed to pay, you must make
another BPAY payment for the shortfall. |
| i. |
A BPAY payment is treated as received by the Biller to whom it is directed:
|
|
(i) |
on the date you instruct your Credit Union to make that payment, if your instruction
is received by the
Cut Off Time on a Business Day; or |
|
(ii) |
on the next Business Day after you instruct your Credit Union to make the payment, if
your Credit Union receives your
instruction after the Cut Off Time on a Business Day or on a non-Business Day.
|
|
Notwithstanding this, a delay may occur in processing a BPAY payment if a
Biller, or another financial institution participating in BPAY, does not comply with its
BPAY obligations. |
Future Dated Payments |
| j. |
you may arrange in advance for BPAY payments to be made on a nominated
future date or have a regular BPAY payment made *. If you use this option:
* Even if your Credit Union offers this facility as part of
the Credit Union
My Viewpoint Web Banking System regular BPAY payment functionality may not
be offered.
|
|
(i) |
you must ensure that there are sufficient cleared funds in the relevant Nominated
Account to cover all future-dated BPAY payments on the day you have stipulated for payment;
and |
|
(ii) |
if there are insufficient cleared funds on a stipulated date, the BPAY payment will not
be made and you may be charged a dishonour fee. |
| k. |
you may alter or cancel a future-dated payment instruction before the
stipulated date for the payment. You cannot stop the BPAY payment on or after that date.
|
BPAY Transactions Limits and Refusals |
| l. |
Your Credit Union, the Biller or BPAY may limit the amount of any BPAY payments you can
make. |
| m. |
If at any time BPAY allows transactions other than bill payments to be
processed through BPAY, your Credit Union may limit the amount you may transact on any one day via BPAY on
such other transactions. |
| n. |
You acknowledge and agree that: |
|
(i) |
your Credit Union may refuse for any reason to give effect to any instruction you give
your Credit Union in respect of
a transaction to be made via BPAY; and |
|
(ii) |
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. |
Resolving Errors and Liability and Unauthorised and Mistaken Payments
|
| o. |
All BPAY payments and applicable fees will be recorded on the statements of
the Nominated Accounts to which they are debited. |
| p. |
If you become aware of any delays or mistakes in processing your BPAY
payment or believe a BPAY transaction entered on your statement is wrong or unauthorised,
contact your Credit Union promptly and give the following details: |
|
(i) |
your name, membership/and Nominated Account number; |
|
(ii) |
the date and amount of the transaction in question; |
|
(iii) |
the date of the account statement in which the transaction in question first appeared;
and |
|
(iv) |
a brief and clear explanation of why you believe the transaction is unauthorised or an
error. |
| q. |
Your liability for unauthorised or mistaken payments is determined in
accordance with clause 11. |
| r. |
If you notify your Credit Union that a BPAY payment made from a Nominated Account is
unauthorised, you must provide your Credit Union with a written consent addressed to the Biller who
received that payment allowing your Credit Union to obtain information about your account with that Biller
as is reasonably required to investigate the payment. If you do not give
your Credit Union that consent,
the Biller may not be permitted under law to disclose to your Credit Union the information required to
investigate the payment. |
Ownership of BPAY |
| s. |
BPAY is owned and operated by third parties. If the rules and regulations
of BPAY require that these Conditions of Use 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 Conditions
of Use accordingly. |
| 9. |
On-line Information and Changes |
| a. |
There are certain changes * to your personal member information that
you will be able to effect on-line. These are changes to contact details, such as:
* Your Credit Union may vary the information you can update online at any time
and advise you of such changes. |
|
(i) |
your residential and postal address |
|
(ii) |
mobile telephone number; and |
|
(iii) |
email address. |
| d. |
From time to time, your Credit Union will tell you what other information you may view when
using the My Viewpoint Web Banking System and what other changes you can make on-line. If
your Credit Union
gives you access to make changes on-line, you agree that effective from the time you confirm
the changes, by submitting them to your Credit Union on-line, you are solely responsible and liable for any
changes made on-line. |
| e. |
Your Credit Union collects personal information about you for the purposes of providing
the Credit Union's products and
services to you. Your Credit Union may disclose your personal information to others in order to execute
your instructions (including your use of BPAY), where we reasonably think it is necessary
for the provision of the My Viewpoint Web Banking System, or if it is required by law. You may
have access to the personal information held about you at any time by asking
your Credit Union.
For more details of how your personal information is handled, please refer to
the Credit Union's Privacy
Policy, available from the Credit Union's website or by telephoning your
Credit Union. |
| 10. |
Direct Debit Hierarchy *
* This provision will only apply if your Credit Union offers this facility as part of
the Credit Union
My Viewpoint Web Banking System. |
| a. |
Subject to the provisions of this clause 10, you may use the My
Viewpoint Web Banking System
to view details of any direct debit authorities you give to third parties in relation to
your accounts with your Credit Union. |
| b. |
Subject to subclause (c), you may at any time use the My Viewpoint Web Banking System to
change the Nominated Account in respect of which an individual direct debit authority is to
operate provided that the Nominated Account you nominate is at all times a savings account.
It cannot be a loan account (line of credit etc) *. You may stipulate
more than one Nominated Amount in respect of each direct debit authority and also the order
in which the accounts are to be debited. The total amount of each debit must be made to the
one account so that if there are inadequate funds available in the first account you
nominate, the debit will be made to another account you nominate and according to the order
you nominate provided it has the available funds.
|
New Direct Debits *
* This provision will only apply if your Credit Union offers this facility as part of
the Credit Union
My Viewpoint Web Banking System. |
| c. |
If you give a new direct debit authority to a third party, the first payment made
pursuant to the authority will be debited to the account you select as the default account
or to the account your Credit Union advises you is the default account. You may only nominate another
account to which direct debits are to be made pursuant to that authority after the first
debit is made to the default account. |
| 11. |
Your Liability in Case of Unauthorised Use of the My Viewpoint Web Banking System
|
| a. |
You are liable for all transactions carried out by you, or by your Nominee
regardless of when the transactions are processed to Nominated Accounts. You are liable for
all transactions and other losses caused by unauthorised use of the
My Viewpoint Web Banking System unless any of the circumstances specified in paragraph b. below
apply. |
| b. |
You are not liable for losses: |
| c. |
Conversely, reducing these obligations means your Credit
Union will notify you when we next
correspond with you, by a Notice in the newsletter or statement of account. |
| d. |
Your Credit Union will notify other changes no later than the day the change takes effect by
advertisement in national or local media, Notice in newsletter or statement of account, or
individual Notice sent to member. |
| e. |
Your Credit Union 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 My Viewpoint Web Banking System or individual
accounts. |
| 15. |
Miscellaneous |
| a. |
These Conditions of Use govern your access to Nominated Accounts using the
My Viewpoint Web Banking System. Each transaction on an 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 Nominated Account, these Conditions
of Use shall prevail. General descriptive information on the operation of accounts is
available from the Credit Union's website or by telephoning your Credit
Union. |
| b. |
Any transactions undertaken on your Nominated Account will appear in the next
Credit Union statement
sent to you in accordance with the terms and conditions of your Nominated Account.
|
| c. |
You agree that you will promptly notify your Credit Union of any change of address for the mailing of
account statements, etc. |
| d. |
Your Credit Union may post all account statements and Notices to you at your registered address as
provided for in the Rules or constituting document. |
| e. |
It is your responsibility to obtain and maintain the Ancillary Equipment required to use
the My Viewpoint Web Banking System. |
| f. |
Our agreement with you in accordance with these Conditions of Use and for the
transactions carried out under it are governed by the law in force in the State or Territory
in which your Credit Union carries on business. Both you and your Credit
Union submit to the non-exclusive jurisdiction of
the courts of that State or Territory in respect of any disputes. |
| g. |
You authorise your Credit Union to give information about you and any Nominated Account to others in
order to execute your instructions to your Credit Union via the My Viewpoint Web Banking System or where we
reasonably think it necessary for the provision of that service. However, you may instruct
your Credit Union not to share your information by giving your Credit Union written instructions to that effect.
|
| h. |
From time to time your Credit Union may advertise financial products or services on the website through
which you access the My Viewpoint Web Banking System. You consent to receiving such advertising
material when accessing your Credit Union website or the My Viewpoint Web Banking System. |