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These are the terms and conditions which apply to internet banking including transactions on your accounts with us made through internet banking. Please read the terms and conditions and if you do not understand any part of them, contact us on 13 61 91. The terms and conditions and accompanying information operate in conjunction with any other legal rights held by you or us. We strongly recommend that you keep a copy of these terms and conditions as they contain information that could be important to you in the future. IMPORTANT: These terms and conditions govern your access to the internet banking facility. It is important that you read them carefully before you use internet banking.

If you access internet banking, you will be taken to have read, understood and accepted these terms and conditions. If you experience problems using the internet banking facility please contact us on 13 61 91 during business hours or send us an e-mail at enquiries@scu.net.au

  DEFINITIONS AND INTERPRETATION

In these terms and conditions:
access code means the number you select to access the facility after the temporary access we give you following approval of your application to use the facility. 
access method means a method authorised by us for your use and accepted by us as authority to make a transaction on, and to access your account, for example an access code
account/s means an account maintained by us that belongs to an identifiable holder who is an SCU customer
ADI means authorised deposit‑taking institution
banking business day means any day on which banks in NSW are able to effect settlement through the Reserve Bank of Australia
biller means an organisation who tells you that you can make bill payments to them through BPAY
BPAY means the electronic payment scheme owned by BPAY Limited (ABN 69 079 137 518) which enables you to make bill payments to participating billers, either via telephone or internet access or any other access method as approved by us from time to time
BPAY payment means a payment transacted using BPAY
BSB means Bank/State/Branch number 
communication network means the communication network(s) through which we make the internet banking facility available to you from time to time
EST means eastern standard time
external account transfer means a payment made to a third party’s account using their BSB and account number
internet banking facility means any platform we offer through a communication network to enable you to receive information from us and transmit instructions to us electronically
facility means our phone banking, internet banking, and mobile banking applications, including access to BPAY and Osko payments and external account transfers
mistaken internet payment means a payment by a internet banking facility and processed by SCU through direct entry where funds are paid into the account of an unintended recipient because the user enters or selects a BSB number that does not belong to the named and/or intended recipient as a result of user error, for example the user enters the wrong PayID or account details. This does not include payments made using BPAY.  
NPP means the new payments platform operated by NPP Australia limited
Osko means the electronic payment scheme provided by BPAY Limited
PayID means the identifier you use to receive NPP payments, for example a mobile phone number or email address
payment means a payment transacted using the facility, and includes a BPAY payment (unless stated otherwise), an OSKO payment and an external account transfer
receiving ADI means an authorised deposit-taking institution whose customer has received an internet payment
sending ADI means an authorised deposit-taking institution whose customer has made an internet payment
transaction means a funds transfer either from or to an account which is initiated by giving an instruction through electronic equipment using an access method
unintended recipient the recipient of funds as a result of a mistaken internet payment
we, us or our means Sydney Credit Union Limited ABN 93 087 650 726
you or your means the account holder and anyone authorised to use the account. 

  PART 1: GENERAL

1.1 These terms and conditions govern your access using the facility to any of your accounts with us. Each transaction on an account is also governed by its own terms and conditions. These terms and conditions should be read in conjunction with the terms and conditions applicable to the relevant account. To the extent of any inconsistency between these terms and conditions and those applicable to any of your accounts, these terms and conditions will prevail.

1.2 If a term or condition is inconsistent with an applicable law, or code of practice to which we have subscribed, it is varied to the extent necessary to comply with the law or code or, if necessary, omitted.

1.3 We subscribe to, and warrant that we will comply with, the ePayments Code (available from www.asic.gov.au) and the Customer Owned Banking Code of Conduct (available from www.customerownedbanking.asn.au).

  PART 2: SECURITY

2.1 We will attempt to make sure that your transactions are processed promptly. You must tell us promptly if you:
become aware of any delays or mistakes in processing your transaction
did not authorise a transaction that has been made from your account
think that you have been fraudulently induced to make a transaction.

2.2 If you think that the security of your access method has been compromised you must notify us immediately and at any time by contacting 13 61 91.

2.3 If you believe an unauthorised transaction has been made using your access code, you must change that code.

2.4 You must look after your access code at all times so as to minimise the risk of losing it or allowing it to be used without your authorisation.

2.5 You must not keep a written record of your access code on one or more articles liable to be lost or stolen simultaneously without making a reasonable attempt to protect the security of the access code.

2.6 You must not select an access code that represents your birth date or a recognisable part of your name. If you do use an obvious access code such as a name or date you may be liable for any losses that occur as a result of unauthorised use of the access code.

2.7 You must not tell or show the access code to anyone else including family and friends.

2.8 You must not act with extreme carelessness in failing to protect the security of the access code, for example storing a user name and access code in a computer that is not password-protected under the heading ‘internet banking codes’.

2.9 Liability for unauthorised payments is determined in accordance with Part 5 and 9 of these terms and conditions and the ePayments Code.

  PART 3: THE INTERNET BANKING FACILITY

3.1 We will take all reasonable precautions to ensure that information about your accounts transmitted by us through the internet banking facility is kept confidential and protected from unauthorised access, but we will not otherwise be liable for unauthorised access to that information.

3.2 We will make all reasonable efforts to ensure that the internet banking facility functions properly during its usual operating hours, but to the extent permitted by law we are not liable to you for, or in connection with:
• the failure of internet banking to perform in whole or in part any function which we have said it will perform
• internet banking being partly or wholly unavailable to you because of the failure of the communication network 
• delays or errors in the execution of any transaction or instruction because of the communication network
• any other circumstance beyond our reasonable control.

It is your responsibility to use other means of effecting transactions and obtaining information if for any reason you are unable to use internet banking. 

  PART 4: PAYMENTS - GENERAL

4.1 Transactions made through the internet banking facility:
• are governed by these conditions
• are also governed by the terms and conditions of the accounts being used
• may be processed at our option on the next business day
• may be limited to specific amounts.

4.2 We may limit the amount of payments you may make on any one day.

4.3 If we are advised that your payment cannot be processed by a biller or financial institution, we will let you know, and credit your account with the payment amount.

4.4 You must be careful to ensure you tell us the correct amount you want to pay. If you overpay, you must contact the recipient to obtain a refund of the excess. If you underpay, you can make another payment to make up the difference. In all other cases, you should notify us immediately if you think that you have made a mistake. You should also notify us immediately if you think there has been an unauthorised or fraudulent transaction on your account.

4.5 For all future-dated payments:
• you must keep sufficient cleared funds in the account to be drawn on to cover all future-dated payments (and any other drawings) on the day(s) you have nominated for payment. If the account is a credit facility, there must be sufficient available credit for that purpose
• if there are insufficient cleared funds or insufficient credit, the payment will not be made and you may be charged a dishonour fee
• you are responsible for checking your account transaction details or account statement to ensure the future–dated payment has been made correctly
• If the recurring payment falls on a day that is not a business day, we may deduct the payment on the previous or following business day
• contact us immediately if there are any problems with a future–dated payment and you are not able to cancel it yourself.

4.6 We may cancel the use of your access code for the internet banking facility at any time without notice if we believe the access code is being used, or will be used, in a way that will cause loss to you or us.

4.7 We may refuse for any reason to give effect to a direction you give us in respect of a payment to be made via the facility. We are not liable to you or any other person for any loss or damage which you or that other person may suffer as a result of the refusal.

  PART 5: BPAY

5.1 We will treat your BPAY payment instruction as valid if, when you tell us to make a BPAY payment, you give us the following information:
• biller’s code number
• your customer reference number
• the amount to be paid
• the account from which the amount is to be paid.

You acknowledge that we are not obliged to effect a BPAY payment if you do not give us all of the above information or if any of the information you give us is inaccurate.

5.2 We will treat your instruction to make a BPAY payment as valid if, when you give it to us you comply with the security procedures and obligations specified in Part 2: Security.

5.3 We will debit the value of each BPAY payment and any applicable fees to the account from which the relevant BPAY payment is made.

5.4 You acknowledge that the receipt by a biller of a mistaken or erroneous payment does not or will not constitute under any circumstances part or whole satisfaction of any underlying debt owed between the payer and that biller.

5.5 You acknowledge that third party organisations (such as billers or other financial institutions) may impose additional restrictions on your access to and use of BPAY.

5.6 A BPAY instruction is irrevocable. Except for future–dated BPAY payments (addressed in Part 4) you cannot stop a BPAY payment once you have instructed us to make it and we cannot reverse it.

5.7 BPAY billers have agreed that a BPAY payment you make will be treated as received by the biller to whom it is directed on the date you direct us to make it, if we receive your direction by 6.00 pm EST on a banking business day. However, you acknowledge that a delay may occur processing a BPAY payment if:
• there is a public or bank holiday on the day after you instruct us to make the BPAY payment
• you tell us to make a BPAY payment on a day which is not a banking business day or after 6.00 pm EST on a banking business day
• a biller or another financial institution participating in BPAY does not comply with its BPAY obligations.

5.8 You must promptly tell us if:
• you become aware of any delays or mistakes in processing your BPAY payments;
• if you did not authorise a BPAY payment that has been made from your account; or
• if you think that you have been fraudulently induced to make a BPAY payment.
We will attempt to recover the funds for you.
The longer the delay between when you tell us of the error and the date of your BPAY payment, the more difficult it may be to perform the error correction. For example, we or your biller may not have sufficient records or information available to us to investigate the error. If this is the case, you may need to demonstrate that an error has occurred, based on your own records, or liaise directly with the biller to correct the error.

5.9 - if you tell us that a BPAY payment made from your account is unauthorised, you will need to give us your written consent addressed to the biller who received that BPAY payment, consenting to us obtaining from the biller information about your account with that biller or the BPAY payment, including your customer reference number and such information as we reasonably require to investigate the BPAY payment. If you do not give us that consent, the Biller may not be permitted under law to disclose to us the information we need to investigate or rectify that BPAY payment.

5.10 – To the extent permitted by law, you indemnify us against any reasonable loss or damage we may suffer due to any claim, demand or action of any kind brought against us arising directly or indirectly because you acted negligently or fraudulently in connection with the use BPAY.

5.11 – To the extent permitted by law, we are not liable for any consequential loss or damage you suffer as a result of using BPAY, other than loss due to our negligence or in relation to any breach of a condition or warranty implied by the law which may not be excluded, restricted or modified at all, or only to a limited extent. 

  PART 6: OSKO and PayIDs

6.1 You must satisfy us that you own or are authorised to use your chosen PayID before you can use it to receive NPP Payments. This means we may ask you to provide evidence to establish this to our satisfaction, whether you are already registered for any other service with us or not. Eligible accounts are any Access Account with us.

6.2 By creating your PayID you acknowledge that you:
• authorise us to record your PayID, PayID Name and Account details including the full legal account name in the PayID service
• authorise a payer’s financial institution to use your PayID information to construct payment messages, enable payers to make payments to you, and to disclose your PayID to payers for validation.

6.3 To the extent that creating and using a PayID Record constitutes disclosure, storage and use of your personal information within the meaning of the Privacy Act 1988 (Cth) and regulations, you acknowledge and agree that you consent to that disclosure, storage and use. See also Part 14: Privacy.

6.4 We will not allow you to select a PayID name that is likely to mislead or deceive a payer into sending you NPP Payments intended for another payee, or which for any other reason is inappropriate.

6.5 We will debit the value of each Osko payment and any applicable fees to the account from which the relevant Osko payment is made.

6.6 You acknowledge that third party organisations (such as billers or other financial institutions) may impose additional restrictions on your access to and use of Osko and PayID.

6.7 An Osko instruction is irrevocable. Except for future–dated payments (addressed in Part 4) you cannot stop a payment once you have instructed us to make it and we cannot reverse it.

6.8 We will treat your Osko payment instruction as valid if, when you give it to us, you use the correct access method.

6.9 We monitor PayID use to manage PayID misuse and fraud. You acknowledge and consent to us temporarily disabling your PayID if we suspect misuse of your PayID or use of your PayID to procure payments fraudulently.

  PART 7: EXTERNAL ACCOUNT TRANSFERS

7.1 When you tell us to make an external account transfer, you must tell us the:
• BSB number for the other financial institution
• account number for the external account
• account name for the external account
• reference or description for the payment
• amount to be paid, and
• account from which the amount is to be paid.

You acknowledge that we are not required to effect the payment if you do not give us all the information specified in this clause, or if any of the information you give us is inaccurate.

7.2 We will debit the value of each external account transfer and any applicable fees to the account from which the transaction is made.

7.3 An external account transfer payment instruction is irrevocable. You cannot stop a payment once you have instructed us to make it and we cannot reverse it.

7.4 We will treat your payment instruction as valid if, when you give it to us, you use the correct access method.

7.5 An external account transfer payment is usually treated as received by the party to whom it is directed on the date you direct us to make it, if we receive your direction by 6.00 pm EST on a banking business day. However, you acknowledge that a delay may occur processing an external account transfer if:
• a public or bank holiday falls on the day after you instruct us to make the payment
• you tell us to make a payment on a day which is not a banking business day or after the 6.00 pm EST on a banking business day
• the other financial institution does not process the transaction when it is received.

  PART 8: MISTAKEN INTERNET PAYMENTS

8.1 If you have made a mistaken internet payment, or have received one, we and the receiving ADI will follow the process mandated by the ePayments Code, which is summarised below. This part does not apply to BPAY payments. This process does not give you a contractual entitlement to recover the mistaken payment from the sending or receiving ADI.

For reports made within 10 days of making the mistaken internet payment, if there are sufficient funds in recipient’s account and the receiving ADI is satisfied a mistaken internet payment occurred, the receiving ADI must return the funds to the sending ADI within 10 business days of receiving the request at the latest.

For reports made between 10 days and 7 months of making the mistaken internet payment, if there are sufficient funds in the recipient’s account and the receiving ADI is satisfied a mistaken internet payment occurred, the receiving ADI must:
• complete its investigation within 10 business days of receiving the request
• prevent the recipient from withdrawing the funds for a further 10 business days
• notify the recipient that the funds will be withdrawn from their account unless they can establish that they are entitled to the funds
• If the recipient does not establish that they are entitled to the funds, the receiving ADI must return the funds to us within a further 2 business days.

For reports made 7 months after making the mistaken internet payment where the receiving ADI is satisfied a MIP occurred:
• if there are sufficient funds in the recipient’s account, the receiving ADI must seek the recipient’s consent to return the funds.
• if there are insufficient funds in the recipient’s account, the receiving ADI must use reasonable endeavours to retrieve the funds from the recipient, for example by allowing repayments in instalments.

In all cases:
• where a user reports a mistaken internet payment, the sending ADI must investigate whether a mistaken internet payment has occurred. If the sending ADI is satisfied that a mistaken internet payment has occurred, it must ask the receiving ADI to return the funds, and the receiving ADI must within 5 business days acknowledge that request and advise the sending ADI whether there are sufficient funds in the unintended recipient's account to cover the mistaken internet payment.
• the sending ADI must return any funds received from the receiving ADI to you as soon as possible
• If the receiving ADI is not satisfied that a mistaken internet payment was made, it may seek the recipient’s consent to return the funds but does not have to
• If the sending ADI is not satisfied that a mistaken internet payment was made, it may choose to take no action
• The sending ADI must inform you about the outcome of the report in writing and within 30 business days of the day on which the report was made
• You may complain to us about how the report was dealt with and we must deal with your complaint under our internal dispute resolution process and not require you to complain to the receiving ADI. If you are not satisfied with the outcome of the complaint, you may complain to our external dispute resolution scheme provider.

8.2 Where we and a sending financial institution determine that a payment made to your account is a mistaken internet payment, we may, without your consent, and subject to complying with any other applicable terms and conditions, laws or codes, deduct from your account an amount up to the original amount of the mistaken payment or misdirected payment. We will notify you if this occurs.

  PART 9: LIABILITY

9.1 You are liable for all transactions carried out via the internet banking facility by you or by anybody carrying out a transaction with your knowledge and consent, regardless of when the transaction is processed to your account.

9.2 You are not liable for losses caused by unauthorised payments:
• where it is clear that you have not contributed to the loss
• that are caused by the fraudulent or negligent conduct of employees or agents of us, or any organisation involved in the provision of the payment
• relating to a forged, faulty, expired or cancelled access method
• resulting from unauthorised use of the access method before you receive that access method and any relevant access code
• after you notify us in accordance with clause 2.1 - 2.3 that your access method has been misused, lost or stolen or that the security of an access code forming part of the access method has been breached
• that are caused by the same payment being incorrectly debited more than once to your account.

9.3 If we can prove on the balance of probability that you contributed to a loss:
• through fraud, or 
• breaching the access code security requirements in Part 2
you are liable in full for the actual loss arising from an unauthorised transaction that occurs before the loss, theft or misuse of an access code is reported to us. However, you are not liable for the portion of the loss:
• incurred on any one day that exceeds any applicable daily or periodic transaction limits
• the portion of the loss on your account which exceeds the balance of your account (including any prearranged credit)
• losses incurred on any account which you had not agreed with us could be accessed using the access method.

9.4 If we can prove on the balance of probability that you contributed to a loss by unreasonably delaying reporting that the security of an access code has been breached, you are liable for the actual losses that occur between when you became aware of the security compromise and when you reported it to us, but you are not liable for any portion of the losses:
• incurred on any one day that exceeds any applicable daily or periodic transaction limits
• the portion of the loss on your account which exceeds the balance of your account (including any prearranged credit)
• incurred on any account which you had not agreed with us could be accessed using the access method.

9.5 If clauses 9.2 – 9.4 do not apply, you are liable for the least of:
• $150
• the balance of your account, including any prearranged credit
• the actual loss at the time you notify us that your access method has been misused, lost, stolen or used without your authorisation (except that portion of the loss that exceeds any daily or periodic transaction limits applicable to the use of your access method or your account).

9.6 You will not be responsible for any loss you suffer because the facility accepted your instructions but failed to complete a payment. However, if there is a breakdown or interruption to any of the facility’s system or equipment, and you should have been aware that the facility was unavailable for use or malfunctioning, we will only be responsible for correcting errors in your account and refunding any fees or charges imposed on you as a result.

9.7 Notwithstanding any of the above provisions your liability will not exceed your liability under the ePayments Code.

  PART 10: COMPLAINTS

10.1 All payments and any applicable fees are recorded on the account statements of the accounts to which they are debited. You should check all entries on your account statements carefully. If you think a payment entered on your statement is wrong or that you did not authorise it, contact us immediately and give us the following details:
• your name and account number
• the date and amount of the payment in question
• the date of the account statement in which the payment in question first appeared
• a brief and clear explanation of why you believe the payment is unauthorised or an error.

10.2 If we are unable to settle your concern immediately and to your satisfaction, we will advise you in writing of the procedures for further investigation and resolution of the complaint and may ask you for more details.

10.3 Within 21 days of receiving your complaint, we will either complete our investigation and advise you in writing of the results, or advise you in writing that we need more time to complete our investigation.

10.4 We will complete our investigation within 45 days of receiving your complaint unless there are exceptional circumstances. In these circumstances we will let you know of the reasons for the delay and give you monthly updates on the progress of the investigation and its likely resolution date, except where we are waiting for a response from you and you have been advised that we require that response.

10.5 When we complete our investigation, we will advise you in writing of the outcome and the reasons for the outcome by reference to these terms and conditions and the ePayments Code.

10.6 If you are not satisfied with our decision, you may ask that our senior management review it. If an issue has not been resolved to your satisfaction, you can lodge a complaint with the Australian Financial Complaints Authority, or AFCA. AFCA provides fair and independent financial services complaint resolution that is free to consumers. You can contact AFCA via:
Website: www.afca.org.au
Email: info@afca.org.au
Phone: 1800 931 678
Write to: Australian Financial Complaints Authority, GPO Box 3, Melbourne Vic 3001

10.7 If we find that an error was made, we will make the appropriate adjustments to the relevant account, including interest and charges (if any) and will advise you in writing of the amount of the adjustment.

10.8 If we decide that you are liable for part or all of a loss arising out of an unauthorised payment, we will:
• give you copies of any documents or other evidence we relied upon in reaching this decision
• advise you in writing whether or not there was any system malfunction at the time of the payment complained of.

10.9 If we:
• fail to observe these procedures or the requirements of the ePayments Code when we allocate liability, conduct the investigation or communicate the reasons for our decision, and
• our failure prejudices the outcome of the investigation or causes unreasonable delay in its resolution
we will be liable for part or all of the amount of the disputed payment. 

  PART 11: TRANSACTION AND OTHER FEES

11.1 We will advise you if we charge a fee, and the amount (including any dishonour fee), for:
• issuing your access method or any additional or replacement access method
• using your access method
• any payment
• giving you access to the facility 
• any other service provided in relation to the access method.

11.2 We will also advise you whether we will debit to you any government charges, duties or taxes arising out of a payment.

11.3 We may charge you with dishonour fees for any future–dated payments that have failed due to insufficient funds in the relevant account.

  PART 12: CHANGES TO TERMS AND CONDITIONS

12.1 We may change these terms and conditions and fees and charges from time to time.

12.2 We will notify you in writing at least 30 days before the effective date of change if the change to these terms and conditions will introduce a new fee or charge, or vary the method by which interest is calculated or the frequency with which it is debited or credited.

12.3 We will notify you in writing at least 20 days before the effective date of change if the change to these terms and conditions will:
• increase charges relating solely to the use of your access method or the issue of additional or replacement access methods
• increase your liability for losses
• impose, remove or adjust daily or periodic limits on amounts which may be transacted via the facility
• make any changes to your account(s) in respect of which the law requires that notice be given to you.

12.4 We will notify you of any other changes to these terms and conditions in advance of the day the change takes effect, by any of the following:
• notices on or with periodic account statements
• direct written notice to you
• press advertisement in the national or local media
• notice on our website.

12.5 We are 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.

12.6 BPAY and NPP/Osko/PayID are owned and operated by third parties. If their rules and regulations require that these terms and conditions be changed, in any way at any time, (including without prior or full notice to you) then we will have the right to change these terms and conditions accordingly. 

  PART 13: CANCELLATION OF ACCESS TO THE FACILITY

13.1 You may cancel your access to the facility at any time by giving us written notice.

13.2 We may immediately cancel or suspend your access to the facility at any time for security reasons or if you breach these terms and conditions, or the terms and conditions of your account.

13.3 We may cancel your access to the facility for any reason by giving you 30 days notice. The notice does not have to specify the reasons for cancellation.

13.4 If, despite cancellation of your access to the facility, you carry out a payment using the access method, you will remain liable for that payment.

13.5 Your access to the facility will be terminated if:
• we notify you that your access method or the account with us has been cancelled, or
• you close the last of your accounts with us which has access to the facility, or
• you cease to be our member, or
• you alter the authorities governing the use of your account or accounts with access to the facility (unless we agree otherwise). 

  PART 14: PRIVACY

14.1 We collect personal information about you for the purposes of providing our products and services to you and for processing your payments

14.2 If you register to use BPAY or PayID, we may disclose your personal and transactional information to other participants in BPAY or Osko/PayID in order to execute your instructions including:
• billers nominated by you
• BPAY Pty Ltd and any agent appointed to it from time to time, including Cardlink Services Limited which provides the electronic systems to implement BPAY
• Credit Union Services Corporation Australia Limited (CUSCAL).

14.3 You must notify us if any of your personal information changes and you consent to us disclosing your updated personal information to the parties in clause 14.2

14.4 You may have access to the personal information we hold about you at any time by asking us, or to any of the personal information held by any of the parties in clause 14.2 by contacting them

14.5 If your personal information is not disclosed to BPAY Pty Ltd or their agent, it will not be possible to process your payment. 

 

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