Online Banking Terms and Conditions

H.M.C. Staff Credit Union Ltd My Viewpoint Web Banking System

Conditions of Use

Important:

Before you use the My Viewpoint Web Banking System, you must:
(i) have submitted to your Credit Union an executed copy of the My Viewpoint Web Banking System registration form or have applied to your Credit Union to use the My Viewpoint Web Banking System in such other prescribed form as may determine from time to time;
(ii) have been approved as a My Viewpoint Web Banking System customer and have been issued with a Password; and
(iii) read these Conditions of Use carefully as they will form the contractual basis for the use of the My Viewpoint Web Banking System Service between you and your Credit Union.

The box below contains guidelines you must follow to guard against unauthorised use of your Password. These guidelines provide examples only of security measures and will not determine your liability for any losses resulting from unauthorised transactions using your Password. Liability for such transactions will be determined in accordance with clause 11 of these Conditions of Use and the Electronic Funds Transfer Code of Conduct.
  

     Guidelines For Ensuring The Security Of Your Password
 
       You must take the following steps to guard against unauthorised use:

 
1.    Use care to keep your My Viewpoint Web Banking System Password secret.
  • Do not tell or show your Password to another person or allow any person to observe as you enter the Password. If you decide to tell someone your Password, they become your Nominee and are subject to these Conditions of Use.

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  • Do not record your Password. If you do so, you are responsible for keeping any records of your Password secure and protected.

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  • You must keep any records of your membership number and your Password separate from each other.

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  • 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 an obvious Password such as a dictionary word, name, date or vehicle make, model or registration number, or any other character combination that could be associated with you. Passwords may consist of any combination of characters on your keyboard but must contain (in any order you choose) at least two numeric digits and at least two characters that are not numeric digits.

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  • If you forget your Password, contact your Credit Union and you will be required to identify yourself before you are granted access to the My Viewpoint Web Banking System.

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  • If you believe that another person knows your Password, change your Password immediately or report the matter to your Credit Union.
2.    You have a responsibility to exercise reasonable care to prevent unauthorised access to the computer
        you use for My Viewpoint Web Banking System. Please read carefully clause 3(f) in these Conditions of Use
        for methods to minimise unauthorised access and maximise protection for your privacy.
 
3.    Immediately notify your Credit Union of any change to your address.
 
4.    Examine your periodical statement immediately upon receiving it to identify and report, as soon as
        possible, any instances where the My Viewpoint Web Banking System has been used without your authority.
 
5.    Check your last log-in details which will appear under the account summary screen every time you log
        into the My Viewpoint Web Banking System and notify your Credit Union immediately if the last log-in details are incorrect.

 

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:
(i) You must not leave your computer unattended while you are on-line to the My Viewpoint Web Banking System.
 
(ii) You should ensure that the computer is checked for viruses before using the My Viewpoint Web Banking System.
 
(iii) It is suggested that you clear your browser cache (session memory) files at the end of your My Viewpoint Web Banking System session in order to protect your privacy and prevent anyone from tracing your steps through the cache memory files. Additionally, it is suggested that you shut down all the windows of the browser you have used to gain access to the My Viewpoint Web Banking System and then restart the browser in order to ensure that the "back" function (or similar function in your browser) cannot be used to trace your activities.
 
(iv) If you require assistance in regards to clearing your browser's cache, review your browser Help facility or contact a PC support or maintenance service for instructions on how to complete this process.
 
4. Notification of Loss, Theft or Unauthorised Use of Your Password
 
If you think that the security of your Password has been compromised you should change your Password  and immediately notify your Credit Union by:
(i) emailing details to contact@hmcstaff.com.au; or
 
(ii) telephoning (02) 9890 0300 during business hours.
 
Your Credit Union will acknowledge your notification by giving you a reference number that verifies the date and time you contacted your Credit Union. Your Credit Union will then cancel your Password and arrange for you to select a new Password.
 
5. Using My Viewpoint Web Banking System
 
a. Your Credit Union will advise you from time to time of the transactions which the My Viewpoint Web Banking System will enable you to perform.
 
b. In order to access this My Viewpoint Web Banking System, you must:
(i) be a member of the Credit Union;
 
(ii) own or operate the required Ancillary Equipment; and
 
(iii) hold an account with your Credit Union or be a signatory to an account with your Credit Union.
 
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:
 
(i) provides your Credit Union with, or arranges for the other signatories to the MSNA to provide your Credit Union with, a written authority signed by all signatories to the MSNA, in a form acceptable to your Credit Union, that the individual can access the MSNA with the My Viewpoint Web Banking System for the purpose of effecting transactions on the account; and
 
(ii) the authority is received by your Credit Union at least 48 hours, not including Saturday, Sunday or a public holiday, prior to the proposed use of the My Viewpoint Web Banking System by the individual signatory,
 
the individual signatory can access the account using all facilities offered by the My Viewpoint Web Banking System in respect of the account and all signatories to the account will be jointly and severally liable for all transactions effected by the individual to whom they have provided the authority.
 
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):
 
The CUDRC's contact details are:
  Telephone: 1300 780 808
  Fax: (03) 9620 4446
  Email: info@cudrc.com.au
    Website: www.cudruc.com.au 
    Postal Address: GPO Box 3A
      Melbourne VIC 3001
If you and your Credit Union cannot resolve the dispute, you can have the matter determined independently by 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:

  1. 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.
  2. 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.
 
f. Instructions requiring the transfer of funds/payment will not be acted upon if there are insufficient funds available in the selected Nominated Account either at the time you confirm the transfer/payment instructions or when your Credit Union attempts to perform the transfer/payment in the course of the Credit Union's normal business procedures.
 
g. Your Credit Union will endeavour to settle any transfer/payment instructions on the same Business Day the instructions were received provided the instructions regarding transfer of funds/payment to accounts other than the Credit Union accounts were received prior to the Cut Off Time.
 
Redraw Facility *
* Fees and charges may apply to the redraw facility depending on the terms and conditions of the loan contract.
 
h. If you have a loan account with your Credit Union, and under the loan contract there is a redraw facility, you will be able to utilise the My Viewpoint Web Banking System to access the redraw facility.
 
i. There are several conditions attached to the use of the redraw facility. These are:
 
(i) your loan contract must specify that a redraw facility is available;
 
(ii) you must have sufficient funds in the redraw facility so that you can access these funds;
 
(iii) the loan contract dictates what proportion of the available funds you may access at any one time and in what multiples (for example, multiples of $500 or $1000 etc);
 
(iv) once you have accessed the redraw facility, the terms and conditions of the loan contract will apply to the outstanding balance of the loan which will include the funds drawn under the redraw facility; and
 
(v) you may only transfer funds as part of the redraw facility to your Nominated Account which is a savings account with your Credit Union.
 
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.
 
b. When a Nominated Account is a joint account, where both must sign for any transaction on the account, you will not be able to effect the changes set out in Clause 9 (a) unless your Credit Union receives written authorisation from the other account owners that a single access and authority is permitted on the account.
 
c. You are able to view the following details regarding your Nominated Accounts:
 
(i) overdraft;
 
(ii) line of credit;
 
(iii) loan; and
 
(iv) term deposit.
 
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:
 
(i) where it is clear that you and your Nominee have not contributed to the losses;
 
(ii) that are caused by the fraudulent or negligent conduct of employees or agents of:
 
(A) the Credit Union; or
 
(B) any third party organisation involved in the provision of the My Viewpoint Web Banking System;
 
(iii) that are related to a Password that is forged, faulty, expired or cancelled;
 
(iv) that are caused by the failure of the security measures your Credit Union employs in the My Viewpoint Web Banking System to prevent unauthorised or fraudulent access to Nominated Accounts;
 
(v) that are caused by the same transaction being incorrectly debited more than once to your Nominated Accounts; or
 
(vi) resulting from unauthorised use of your Password or the My Viewpoint Web Banking System in relation to a transaction which takes place:
 
(A) before the time your Password is provided to you; or
 
(B) after your Credit Union haves received your request in writing to terminate your access to the My Viewpoint Web Banking System; or
 
(C) after you notify your Credit Union that your Password has been misused, lost or stolen or become known to someone else.
 
c. You will be liable for any loss of funds arising from any unauthorised transaction on a Nominated Account if the loss occurs before you notify your Credit Union that your Password has been misused, lost or stolen or has become known to someone else and if your Credit Union proves, on the balance of probabilities, that you contributed to the loss through:
 
(i) your fraud, your failure to look after and keep your Password secure in accordance with clauses 3(b), 3(d) or 3(e) or your extreme carelessness in failing to protect the security of your Password; or
 
(ii) unreasonably delaying in notifying your Credit Union of the misuse, loss or theft of your Password or of it becoming known to someone else and the loss occurs between the time you did, or reasonably should have, become aware of these matters and the time you notify your Credit Union.
 
However, you will not be liable for:
 
(A) the portion of the loss that exceeds any applicable daily or periodic transaction limits on your Nominated Accounts;
 
(B) the portion of the loss on any Nominated Account which exceeds the balance of that account (including any prearranged credit); and
 
(C) all losses incurred on any Nominated Account which you had not agreed with your Credit Union could be accessed using your Password.
 
d. If clause 11(c) does not apply, your liability for any loss of funds arising from an unauthorised transaction on a Nominated Account, if the loss occurs before you notify your Credit Union that your Password has been misused, lost or stolen or has become known to someone else, is the lesser of:
 
(i) $150;
 
(ii) the balance of your Nominated Account (including any pre-arranged credit); or
 
(iii) the actual loss at the time you notify your Credit Union of the misuse, loss or theft of your Password, or of it becoming known to someone else (excluding that portion of the loss which exceeds any applicable daily or other periodic transaction limits on the Nominated Account).
 
e. Notwithstanding any of the above provisions, your liability will not exceed your liability under the provisions of the Electronic Funds Transfer Code of Conduct.
 
12. Your Credit Union's Liability
 
To the extent permitted by law and the Electronic Funds Transfer Code of Conduct, your Credit Union, our agents or nominated service providers will not be liable to you for any loss, including consequential damage, arising as a result of:
 
(i) any breakdown or interruption in the My Viewpoint Web Banking System before the My Viewpoint Web Banking System accepts your transaction in accordance with your instructions;
 
(ii) any inaccuracy, corruption of data, errors or omissions on, or in relation to, the My Viewpoint Web Banking System because of the operation (or failure) of the Ancillary Equipment; or
 
(iii) any refusal of another party to receive a payment instruction from you.
 
If the My Viewpoint Web Banking System malfunctions and you should have been aware that the My Viewpoint Web Banking System was unavailable for use or malfunctioning, your Credit Union will only be responsible for correcting errors in your Nominated Accounts and refunding to you any associated fees or charges.
 
13. Transaction and Other Fees
 
a. Your Credit Union will advise you whether any fees are charged and the amounts of such fees (including any dishonour fees) for;
 
(i) issuing your Password or any additional or replacement Password;
 
(ii) using your Password;
 
(iii) any other service provided in relation to the My Viewpoint Web Banking System;
 
(iv) any BPAY payment;
 
(v) giving you access to BPAY;
 
(vi) any other service provided in relation to BPAY and its access via the My Viewpoint Web Banking System.
 
b. Your Credit Union will also advise you of any Nominated Account which will debited with government charges, duties or taxes arising out of a My Viewpoint Web Banking System transaction.
 
c. General information on standard fees and charges is also available from the Credit Union's website or by telephoning your Credit Union.
 
d. Your Credit Union may charge you with dishonour fees for any future-dated BPAY payments which have failed or any other transactions that fail due to insufficient funds in the Nominated Account.
 
e. You are liable for any interest charge or fees and government taxes if you select an incorrect account type while using the My Viewpoint Web Banking System.
 
14. Changes to Conditions of Use
 
a. Your Credit Union may change these Conditions of Use from time to time or may vary the My Viewpoint Web Banking System provided to you.
 
b. Your Credit Union will notify you (by Notice in newsletter or statement or by an individual Notice) at least 30 days before the effective date of change if it will:
 
(i) impose or increase charges for the use of your Password or for issuing additional or replacement Passwords;
 
(ii) increase your liability for losses; or
 
(iii) impose, remove or adjust daily or other periodic transaction limits applying to the use of your Password, your Nominated Accounts or the Ancillary Equipment.
 
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.
 

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 Last Update:      Monday, 24 November 2008