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CD Bank Mobile and Internet Banking Terms and Conditions

Version: 25 September 2017

Important notice

Update to CD Bank Mobile and Internet Banking Terms and Conditions. The previous QTMB Internet Banking Terms and Conditions (version dated 31 July 2017) have been updated. These changes are largely due to the transition to CD Bank and the introduction of CD Bank’s Mobile Banking App. These Terms and Conditions now apply to both CD Bank Internet Banking and Mobile Banking. Please our Contact Centre on if you have any queries regarding these changes.

Internet Banking

Before using Internet Banking, please read the following terms and conditions carefully as your use of CD Bank Internet Banking is governed by these Terms and Conditions. These Terms and Conditions operate in conjunction with the CD Bank Terms and Conditions available at racq.com/downloads. Your use of Internet Banking signifies that you have read and accepted these conditions of use.

The Customer Owned Banking Code of Practice and the ePayments Code apply to CD Bank's Internet Banking and Mobile Banking. More information about the Customer Owned Banking Code of Practice is in the CD Bank Terms and Conditions on our website.

The Terms and Conditions below apply to both Internet Banking and Mobile Banking, unless the clause specifically provides otherwise.

Mobile Banking

CD Bank Internet Banking via our mobile apps (Mobile Banking) is governed by these Terms and Conditions.

Before using Mobile Banking, please read the following terms and conditions carefully as your use of CD Bank Mobile Banking is governed by these Terms and Conditions. These Terms and Conditions operate in conjunction with the CD Bank Terms and Conditions available at racq.com/downloads.

Your use of Mobile Banking signifies that you have read and accepted these conditions of use.

CD Bank makes available certain features of the CD Bank Internet Banking facility available for use in CD Bank Internet Banking on your Mobile Device or other electronic device. This may not represent all of the available features in the standard view of CD Bank’s Internet Banking.

The Terms and Conditions below apply to both Internet Banking and Mobile Banking, unless the clause specifically provides otherwise.

Security

As your Access Codes can be used to access information about you and your Accounts and to perform transactions on your Accounts, you must ensure that your Access Codes, and any record of them, are not misused, lost or stolen.

You must tell us as soon as possible if any Access Codes are lost or stolen.

Please also read our other security warnings.

Internet Banking Terms and Conditions

  1. Definitions
  2. Eligibility
  3. Equipment
  4. Password
  5. Bill Payment and Transfer Limits/Restrictions
  6. BPAY
  7. BPAY View
  8. Our Commitment to You
  9. Your Liability
  10. Limit of your liability
  11. Cancelling, Suspending or Terminating
  12. Fees and Charges
  13. Changes to Terms and Conditions
  14. Disputed Transactions
  15. Transfer of funds to other institutions
  16. Process for recovering a Mistaken Internet Payment from other institutions
  17. Mobile Banking Security
  18. Eligible Mobile Devices and Access
  19. Notifications on your Mobile Banking Device
  20. Lost or stolen Mobile Banking Device
  21. Cancelling and suspending use of Mobile Banking

 

1. Definitions

“Access Codes” means a code or other secure procedure you can use to access Internet Banking and Mobile Banking.

“Access Method” means a method authorised by us for your use and accepted by us as authority to make a BPAY Payment and to access your Account and includes, but is not limited to, any combination of a card, an Account number, card number, expiry date, PIN, Token and password, but does not include a method which requires your manual signature.

"Account" means any Savings, Investment or Loan Account held by you with CD Bank, and which we agree you may access for the purpose of effecting BPAY payments, or otherwise accessing Internet Banking or Mobile Banking.

“BPAY” means an electronic payments scheme whereby you can make payments to participants in the BPAY Scheme who are Billers.

“BPAY Pty Ltd” means BPAY Pty Limited ABN 69 079 7 518, PO Box 3545 Rhodes, NSW, 28, telephone (02) 8252 0500.

“Bill Payment” includes a bill paid via BPAY, Mobile Banking or Internet Banking.

“BPAY View” means a function of BPAY whereby Billers can send you bills or statements electronically via Internet Banking.

“Business Day” means any day on which banks in Melbourne or Sydney are able to effect settlement through the Reserve Bank of Australia and CD Bank is open for business.

“CUSCAL” means Credit Union Services Corporation Australia Limited.

“Cut Off Time” means 3.00pm Eastern Standard Time on each Business Day.

“Identifier” means information that you: know but it is not required to be kept secret; and must provide to perform a transaction. An example is an account number.

“Email address” means the unique email address that you have registered to receive notifications of Account activity.

“Identifier” means information that you: know but it is not required to be kept secret; and must provide to perform a transaction. An example is an account number

“Internet Banking” means Internet Banking (including where appropriate, BPAY and BPAY View) that CD Bank may offer from time to time to enable members to receive information about Accounts and to perform transactions electronically.

“Mistaken Internet Payment” means a payment made by you through Internet Banking or Mobile Banking where the funds are paid into the account of an unintended recipient due to you entering the wrong Bank/State/Branch (BSB) number and/or Identifier that does not belong to the named and/or intended recipient as a result of: your error; or you being advised the wrong BSB number and/or Identifier. Payments made using BPAY are not included.

“Mobile Banking” means a service we offer from time to time through an internet protocol telecommunications network to enable you to access information about your Accounts and transmit instructions to us electronically through the Mobile Banking App and a Mobile Device.

“Mobile Banking App” means software approved by us in connection with Mobile Banking and downloaded directly to your mobile device from the App store that is appropriate to your Mobile Device.

“Mobile Banking Device” means a mobile device, to which you have loaded the CD Bank Mobile Banking App and which has been registered to access your Accounts using Mobile Banking.

“Mobile Device” means electronic equipment provided by you (such as a smartphone or tablet), capable of running the Mobile Banking App, and if you registered for Security Code two factor authentication, the mobile phone device that you have registered for which Security Codes should be sent to.

“Mobile Device Number” means the telephone number associated with a Mobile Device.

"Password" means the confidential alphanumeric code chosen by you, which when used in conjunction with your membership number gives you access to Internet Banking and/or Mobile Banking.

"Personal Information" means information or an opinion about an individual who is identified, or who can reasonably be identified, from the information. Although we try to make sure that all information we hold is accurate, "personal information" also includes any inaccurate information about the individual.

“CD Bank”, "we", "us" or "our" means Members Banking Group Limited ABN 83 087 651 054 AFSL and Australian credit licence 241195, trading as CD Bank.

“Security Code” means the random six digit security code sent by SMS or to your nominated email address to you to authorise an Internet Banking or Mobile Banking transaction.

“Sensitive Information” means:

  • information or an opinion about a person’s race, ethnic origin, political opinions, membership of political associations and trade associations, religious or philosophical beliefs, sexual orientation or practices, or criminal record; or.
  • health information; or genetic information about an individual that is not otherwise health information; or.
  • biometric information that is used for the purpose of automated biometric verification or biometric identification and biometric templates.

 

“Terms and Conditions” means this CD Bank Mobile and Internet Banking Terms and Conditions.

“Transfer” means a transfer of funds from your Account held with CD Bank to either:

  • an Account of another CD Bank member; .
  • an Account held at another financial institution; or
  • another Account held by you with CD Bank.

"Written notice" means notice delivered on paper and does not mean notice delivered by email.

"You" and "Your" eans the Account holder instructing us through Internet Banking and/or Mobile Banking. It also includes any third party authorised by you to access and/or operate your Account(s), with the intent that you shall be liable for any use of Internet Banking or Mobile Banking in respect of your Accounts and for any failure of any authorised signatory to observe these conditions of use.

2. Eligibility

2.1. All account holders of CD Bank are eligible to access information about their Account/s by using Internet Banking and/or Mobile Banking once they have registered to use Internet Banking and/or Mobile Banking and have subsequently been issued with an initial entry Password.

2.2.CD Bank also gives access (upon successful application) to those persons specifically authorised by the Account Holder for accounts in the name of companies, businesses, trusts, partnerships, clubs and companies, single and joint Accounts. However Internet Banking and Mobile Banking are not available to those Accounts where multiple (two or more) signatures are required to transact on the Account.

3. Equipment

3.1. You must:

  1. obtain and maintain any equipment such as personal computer, modem and software (Equipment) and any connections which may be necessary to access Internet Banking;
  2. ensure the equipment is checked regularly for viruses;
  3. take all reasonable steps to protect the Equipment’s security; .
  4. exercise reasonable care to prevent unauthorised access to the Equipment you use when accessing Internet Banking; .
  5. not leave the Equipment unattended while you have an Internet Banking session open; and.
  6. log out immediately after you have finished your Internet Banking session.

4. Password

4.1. To be able to:

  1. access Internet Banking for the first time we will need to provide you with an initial entry Password;
  2. make changes to your personal details, or to setup a new payee for either external transfers or BPAY transactions, we will need to provide you with a Security Code.

 

4.2. When you use the initial entry Password to access Internet Banking for the first time you will be required to choose a new alpha-numeric Password with a minimum of eight characters.

4.3.Only one Password per membership is permitted, even if you have joint Accounts with us. You can only access those Accounts that you own under your membership.

4.4.You must keep your Password secret and take steps to prevent its unauthorised use. You should not allow any unauthorised person to watch you enter or hear you say your Password.

4.5. You must not:

  1. use all or part of your name, your date of birth, your Redicard/Visa Debit card PIN, the same digits or consecutive numbers when selecting your password; or
  2. record your password anywhere near the Equipment, on your transaction details such as statements or your membership identifiers such as your Redicard, Visa Debit card or Membership card.

4.6. You should change your password at regular intervals. You may change your password whenever you want to.

4.7. 4.7. You must notify us as soon as possible on or advise us in person at any one of our Branches if you become aware of any unauthorised use of your Password or Account or of the loss or theft of your Password, Security Code or Mobile Device or you suspect your Password has become known to someone else. You will be liable for any misuse of the system up until the time of notification.

4.8.We do not keep any record of the Password you select. If you forget your chosen Password, please us and we will provide you with a new initial entry Password upon verifying your identity.

5. Bill Payment and Transfer Limits/Restrictions

5.1. Internet Banking is available for enquiries and transactions specified by us from time to time.

5.2. You may suspend access to Transfer and/or Bill Payment options at any time by ing us, however, this will suspend your access to Internet Banking.

5.3.We may specify and change limits on the amounts that can be transferred and the types of Accounts that can be accessed from and to using Internet Banking.

5.4.If you schedule funds Transfers, we will only effect these on the due date where sufficient cleared funds are available in your nominated Account when we process the Transfer.

5.5. We may process post dated payments that do not fall on a Business Day on the next Business Day.

5.6.We will not be obliged to effect a Bill Payment or a Transfer if you do not give us all of the required information to do so, if any of the information given is inaccurate or there are insufficient cleared funds in the Account to be debited.

5.7. You cannot make Transfers:

  1. to or from fixed term deposits;
  2. from certain types of Accounts, or
  3. to pay out a loan.

6. BPAY

6.1. Using BPAY

  1. We are a member of BPAY. We will tell you if we are no longer a member of BPAY.
  2. BPAY can be used to pay bills bearing the BPAY logo. We will advise you if and when other transactions can be made using BPAY.
  3. Unless you are advised otherwise, you may use BPAY only to make payments from the Account.
  4. When you tell us to make a BPAY Payment you must tell us 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 Account from which the amount is to be paid.
  5. You acknowledge that we are not required to effect a BPAY Payment if you do not give us all the information specified in clause 6.1(d) or if any of the information you give us is inaccurate.
  6. We will debit the value of each BPAY Payment and any applicable fees to the Account from which the relevant BPAY Payment is made.
  7. If you instruct us to make any BPAY Payment, but close the Account to be debited before the BPAY Payment is processed, you will remain liable for any dishonour fees incurred in respect of that BPAY Payment.
  8. 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.
  9. 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 you and that Biller.

6.2. Security Breaches

  1. We will attempt to make sure that your BPAY Payments are processed promptly by participants in BPAY, and you must tell us promptly if:
    1. you become aware of any delays or mistakes in processing your BPAY Payment;
    2. you did not authorise a BPAY Payment that has been made from your Account; or
    3. you think that you have been fraudulently induced to make a BPAY Payment.
  2. If you think that the security of your Access Method has been compromised you should notify us immediately and at any time by telephoning us on or emailing us at [email protected]
  3. If you believe an unauthorised BPAY Payment has been made and your Access Method uses a secret code such as a PIN or password, you should change that code. If the security of an Access Method such as a card has been compromised, you should us to cancel the card.
  4. We will acknowledge your notification by giving you a reference number that verifies the date and time you ed us.

6.3. Processing of BPAY Payments

  1. A BPAY Payment instruction is irrevocable. Except for future-dated payments (addressed in clause 6.4) you cannot stop a BPAY Payment once you have instructed us to make it and we cannot reverse it.
  2. ‘There is no ‘chargeback’ right for BPAY payments. A ‘chargeback’ is the term given to the process by which a financial institution, at the request of a customer, can reclaim a debit on a card from a merchant’s bank.’
  3. We will treat your BPAY Payment instruction as valid if, when you give it to us, you use the correct Access Method.
  4. You should notify us immediately if you think that you have made a mistake (except for a mistake as to the amount you meant to pay – for these errors see clause 6.3(h) when making a BPAY Payment or if you did not authorise a BPAY Payment that has been made from your Account.
  5. A BPAY Payment is treated as received by the Biller to whom it is directed:
    1. on the date you direct us to make it, if we receive your direction by the Cut Off Time on a Business Day; and
    2. ptherwise, on the next Business Day after you direct us to make it. The BPAY Payment may take longer to be credited to a Biller if you tell us to make it on a Saturday, Sunday or a public holiday or if another participant in BPAY does not process a BPAY Payment as soon as they receive its details.
  6. Notwithstanding this, a delay may occur processing a BPAY Payment if:
    1. there is a public or bank holiday on the day after you instruct us to make the BPAY Payment;
    2. you tell us to make a BPAY Payment on a day which is not a Business Day or after the Cut Off Time on a Business Day; or
    3. a Biller, or another financial institution participating in BPAY, does not comply with its BPAY obligations.
  7. If we are advised that your payment cannot be processed by a Biller, we will:
    1. advise you of this;
    2. credit your Account with the amount of the BPAY Payment; and
    3. take all reasonable steps to assist you in making the BPAY Payment as quickly as possible.
    4. You must be careful to ensure you tell us the correct amount you wish to pay

    If you make a BPAY Payment and later discover that:

    1. the amount you paid was greater than the amount you needed to pay, you must the Biller to obtain a refund of the excess; or
    2. the amount you paid was less than the amount you needed to pay, you can make another BPAY Payment for the difference between the amount you actually paid and the amount you needed to pay.

6.4. Future-Dated Payments

You may arrange BPAY Payments through Internet Banking for up to 365 days in advance of the time for payment and if you use phone banking you may arrange payments for up to 60 days in advance of the time for payment. If you use either of these options you should be aware that:

  1. You are responsible for maintaining, in the Account to be drawn on, sufficient cleared funds to cover all future-dated BPAY Payments (and any other drawings) on the day(s) you have nominated for payment or, if the Account is a credit facility (where we allow a credit facility to be used for that purpose), there must be sufficient available credit for that purpose.
  2. If there are insufficient cleared funds or, as relevant, insufficient available credit, the BPAY Payment will not be made and you may be charged a dishonour fee.
  3. You are responsible for checking your Account transaction details or Account statement to ensure the future-dated payment is made correctly.
  4. You should us on if there are any problems with your future-dated payment.
  5. You must us if you wish to cancel a future-dated payment after you have given the direction but before the date for payment. You cannot stop the BPAY Payment on or after that date.

6.5. BPAY Transaction Limits

  1. We may limit the amount of BPAY Payments you may make on any one day.
  2. If at any time BPAY will allow transactions other than bill payments to be processed through BPAY, we will advise you accordingly however, we may limit the amount you may transact on any one day via BPAY on the other transactions.
  3. We will advise you of all such transaction limits.
  4. The standard limit applied for BPAY payments is $20,000 per membership, per day.

6.6. Refusing BPAY Payment Directions

You acknowledge and agree that:

  1. we may refuse for any reason to give effect to any direction you give us in respect of a payment to be made via BPAY; and
  2. 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 such refusal.

6.7. Access Method Security Guidelines

  1. This clause will apply if your Access Method uses a secret code such as a PIN or password. You must look after your Access Method at all times so as to minimise the risk of losing it or allowing it to be used without your authorisation.
    1. You must not write a code on, or carry it or keep a record of it with any other part of your Access Method or on or with the one article unless you have taken reasonable steps to disguise the code or prevent unauthorised access to the record.
    2. You must not select a code which represents your birth date or a recognisable part of your name. If you do use an obvious code such as a name or date you may be liable for any losses which occur as a result of unauthorised use of the code before you notify us that the code has been misused or become known to someone else.
    3. You must not tell or show the code to anyone else (including family and friends).
    4. You must not act with extreme carelessness in failing to protect the security of the code.
  2. In addition, you must comply with the security guidelines which apply to your Access Method.
  3. We recommend that you:
    1. Use care to prevent anyone seeing the details you enter to access BPAY;
    2. Change any code at regular intervals;
    3. Never reveal any code to anyone;
    4. Never write any code down; and
    5. Immediately notify us of any change of address.

 

The guidelines contained above provide examples only of security measures and will not determine your liability for any losses resulting from unauthorised BPAY Payments. Liability for such payments will be determined in accordance with clause 6.8 of these Terms and Conditions and the ePayments Code.

6.8. Your liability for BPay Payments

  1. You are liable for all transactions carried out via BPAY by you or by anybody carrying out a transaction with your consent, regardless of when the transaction is processed to your Account with us.
  2. If you are responsible for a mistaken BPAY Payment and we cannot recover the amount from the person who received it within 20 Business Days of us attempting to do so, you will be liable for that payment.
  3. You are not liable for losses caused by unauthorised BPAY Payments:
    1. where it is clear that you have not contributed to the loss;
    2. that are caused by the fraudulent or negligent conduct of employees or agents of:
      1. us;
      2. any organisation involved in the provision of BPAY; or
      3. any Biller;
    3. relating to a forged, faulty, expired or cancelled Access Method;
    4. resulting from unauthorised use of the Access Method:
      1. before you receive that Access Method; or
      2. after you notify us in accordance with clause 6.2 that your Access Method has been misused, lost or stolen or used without your authorisation; or
    5. that are caused by the same BPAY Payment being incorrectly debited more than once to your Account.
  4. You will be liable for any loss of funds arising from unauthorised BPAY Payments if the loss occurs before you notify us that your Access Method has been misused, lost or stolen or used without your authorisation and if we prove, on the balance of probabilities, that you contributed to the loss through:
    1. your fraud or, if your Access Method includes a secret code or codes (such as a password or PIN), your failure to keep that code secure in accordance with clauses 6.7(a)(i), 6.7(a)(ii), 6.7(a)(iii) and 6.7(a)(iv);
    2. ii. unreasonably delaying in notifying us of the misuse, loss, theft or unauthorised use of the Access Method and the loss occurs between the time you did, or reasonably should have, become aware of these matters and the time of notification to us.
  5. However, you will not be liable for:
    1. the portion of the loss that exceeds any applicable daily or periodic transaction limits;
    2. the portion of the loss on your Account which exceeds the balance of your Account (including any prearranged credit); or
    3. all losses incurred on any Account which you had not agreed with us could be accessed using the Access Method.
  6. Where a secret code such as a PIN or password is required to perform the unauthorised BPAY Payment and clause 6.8(d) does not apply, your liability for any loss of funds arising from an unauthorised BPAY Payment, if the loss occurs before you notify us that the Access Method has been misused, lost, stolen or used without your authorisation, is the lesser of:
    1. $150;
    2. the balance of your Account, including any prearranged credit; or
    3. 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).
  7. You indemnify us against any 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 did not observe any of your obligations under the BPAY terms and conditions or acted negligently or fraudulently under this agreement.
  8. If you notify us that a BPAY Payment made from your Account is unauthorised, you must provide us with a written consent addressed to the Biller who received that BPAY Payment allowing us to obtain information about your Account with that Biller as is reasonably required to investigate the 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.
  9. Notwithstanding any of the above provisions your liability will not exceed your liability under the ePayments Code.

6.9 Malfunction

  1. You will not be responsible for any loss you suffer because BPAY accepted your instructions but failed to complete a BPAY Payment.
  2. If there is a breakdown or interruption to any BPAY system and you should have been aware that the BPAY system 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.

6.10 Consequential Damage

  1. This clause does not apply to the extent that it is inconsistent with or contrary to any applicable law or code of practice to which we have subscribed. If those laws would make this clause illegal, void or unenforceable or impose an obligation or liability which is prohibited by those laws or that code, this clause is to be read as if it were varied to the extent necessary to comply with those laws or that code or, if necessary, omitted.
  2. 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 of contracts for the supply of goods and Internet Banking and Mobile Banking which may not be excluded, restricted or modified at all, or only to a limited extent.

6.11 Resolving Errors on Account Statements

  1. All BPAY Payments and applicable fees will be recorded on the Account statements of the Accounts to which they are debited.
  2. You should check all entries on your Account statements carefully.
  3. If you believe a BPAY Payment entered on your statement is wrong or was not authorised by you, us immediately and give the following details:
    1. your name, Account number and card number (if any);
    2. the date and amount of the BPAY Payment in question;
    3. the date of the Account statement in which the payment in question first appeared; and
    4. a brief and clear explanation of why you believe the payment is unauthorised or an error.
  4. 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 request further relevant details from you
  5. e. Within 21 days of receipt from you of the details of your complaint, we will:
    1. complete our investigation and advise you in writing of the results of our investigation; or
    2. advise you in writing that we require further time to complete our investigation.
  6. We will complete our investigation within 45 days of receiving your complaint unless there are exceptional circumstances. In such circumstances we will let you know of the reasons for the delay and provide you with 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 such a response.
  7. When we complete our investigation, we will write to you and advise you of the outcome of our investigation and the reasons for that outcome by reference to these Terms and Conditions and the ePayments Code
  8. If you are not satisfied with our decision, you may request that the decision be reviewed by our senior management. If you wish to take the matter further, you may an External Dispute Resolution body as follows:
  9. For disputes lodged before 1 November 2018:
    Financial Ombudsman Service Australia
    Online:
    Email: [email protected]
    Phone: 367 287
    Mail: Financial Ombudsman Service Limited GPO Box 3 Melbourne VIC 3001; or 

    For disputes lodged on or after 1 November 2018:
    Australian Financial Complaints Authority
    Online:
    Email: [email protected]
    Phone: 931 678
    Mail: Australian Financial Complaints Authority GPO Box 3 Melbourne VIC 3001

    FOS and AFCA are a free service set up to help you resolve your disputes. They are impartial bodies who are totally independent, and we agree to accept their determination as final.

  10. If we find that an error was made, we will make the appropriate adjustments to your affected Account, including interest and charges (if any) and will advise you in writing of the amount of the adjustment.
  11. If we decide that you are liable for part or all of a loss arising out of unauthorised BPAY Payment, we will:
    1. give you copies of any documents or other evidence we relied upon in reaching this decision; and
    2. advise you in writing whether or not there was any system malfunction at the time of the payment complained of.
  12. 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.

6.12. Transaction Recording

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

6.. Transaction and Other Fees

  1. We will advise you whether we charge any fees, and the amount of such fees (including any dishonour fee), for:
    1. issuing your Access Method or any additional or replacement Access Method;
    2. using your Access Method;
    3. any BPAY Payment; or
    4. giving you access to BPAY; or
    5. any other Internet Banking provided in relation to BPAY, including error corrections.
  2. We will also advise you whether we will debit to you any government charges, duties or taxes arising out of a BPAY Payment.
  3. We may charge you with dishonour fees for any future-dated BPAY Payments which have failed due to insufficient funds in the relevant Account.

6.14. Privacy

  1. We collect personal information about you for the purposes of providing our products and Internet Banking to you and for processing your BPAY Payments.
  2. If you register to use BPAY, we may disclose your personal and transactional information to other participants in BPAY in order to execute your instructions, including:
    1. Billers nominated by you;
    2. BPAY Pty Ltd and any agent appointed to it from time to time, including Cardlink Services Limited who provides the electronic systems to implement BPAY; and
    3. CUSCAL.
  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 6.14(b).
  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 6.14(b) by ing them.
  5. If your personal information is not disclosed to BPAY Pty Ltd or its agent, it will not be possible to process your BPAY Payment.

6.15. Miscellaneous

  1. These Terms and Conditions govern your BPAY access to any of your Accounts with us. Each transaction on an Account is also governed by the terms and conditions to which that Account is subject. These Terms and Conditions should be read in conjunction with the terms and conditions applicable to your Account and Access Method. To the extent of any inconsistency between these BPAY Terms and Conditions and the terms and conditions applicable to any of your Accounts or Access Methods, these BPAY Terms and Conditions will prevail.
  2. When you ask, we will give you general information about the rights and obligations that may arise out of your relationship with CD Bank. This is information which, as a subscriber to the Customer Owned Banking Code of Practice, we have agreed to make available to you.
  3. You agree that you will promptly notify us of any change of address.
  4. We may send you account statements and notices by:
    1. post, to the address recorded in our records or to a mailing address you nominate;
    2. fax;
    3. email or other electronic means (including but not limited to an email, SMS, app notification, social media notification or other digital message with a hyperlink or similar connection, or notification that a statement or information is available within Internet Banking or on our website); or
    4. advertisement in the media.

    6.16. It is your responsibility to ensure BPAY payment amounts are correct at the time you make a payment request. It is your responsibility, not ours, to recover any overpayment from the Biller.

    6.17. Where a mistake is present in a BPAY payment transaction (except a mistake relating to the amount of payment), you must notify us of this mistake. We will then take all necessary steps to rectify the mistake. However, we will not be liable for any loss or damage flowing from the mistake.

    6.18. We will not be responsible:

    1. for any payment not being made due to any of the conditions set between BPAY and the Biller, or any condition of the agreement or arrangement between the Biller and yourself or for any payment not being made for any other reason;
    2. for any delay in receipt of a payment by a Biller; or
    3. if a Biller fails to credit payment to you even if it has been debited to your Account with us.

7. BPAY View

7.1. If you register with BPAY View, you:

 

  1. agree to us, and the entity operating the BPAY Scheme (BPAY Pty Ltd), through its agent, disclosing to Billers nominated by you, to the Biller’s financial institution and if necessary to BPAY Pty Ltd and any agent appointed by it from time to time, including Cardlink Services Limited, that provides the electronic systems needed to implement the BPAY Scheme:
    1. such of your personal information (for example your name, email address and the fact that you are our member) as is necessary to enable Billers to verify that you have registered to receive bills and statements electronically using BPAY View (or telling them if you cease to do so). We do not store the personal information you provide to register to use BPAY View with a particular Biller.
    2. such of your transactional information as is necessary to process your BPAY Payments and you or any user’s use of BPAY View; and
    3. that an event in clause 7.2(b), 7.2(c), 7.2(d) or 7.2(e) has occurred;
  2. agree to us or a Biller (as appropriate) collecting data about whether you access your emails, Internet Banking and any link to a bill or statement;
  3. agree to receive bills and statements electronically and agree that receipt by you of bills and statements electronically in accordance with these terms and conditions satisfies the legal obligations (if any) of a Biller to give you bills and statements.
  4. For the purposes of this clause we are authorised to convey your agreement to each Biller nominated by you under 7.1(a);
  5. you must notify us, if any of your personal information changes and you consent to us disclosing your updated personal information to all other participants in the BPAY.

7.2. You may receive from a Biller paper bills and statements instead of electronic bills and statements:

  1. if you request them from a Biller (a fee may be charged by the Biller for this);
  2. if you or the Biller deregister from BPAY View;
  3. if we receive notification that your mailbox is full, that you cannot receive any email notification of a bill or statement or if our email to you is returned to us undelivered;
  4. if we are aware that you are unable to access your email or Internet Banking; or
  5. BPAY View or anything necessary for it to operate malfunctions or is not available for any reason.

7.3. We are not liable to give you a paper bill or statement in any of the circumstances listed above in clause 7.2, but we will use reasonable endeavours to advise the applicable Biller of the circumstances unless they are already known to it.

7.4. You agree that:

if you receive an email notifying you that you have a bill or statement, then that bill or statement is deemed to have been received by you:

  1. when we send the email notification to your Internet Banking or Mobile Banking, whether or not you choose to access your email; and
    1. at the email address nominated by you.
  2. you will not be deemed to have received the notification if we receive notification that your mailbox is full or that you cannot receive the email notification, or the email notification to you is returned to us undelivered.
  • If you receive notification on Internet Banking without an email, then that bill or statement is received by you when a notification is posted on Internet Banking, whether or not you choose to access Internet Banking.
  • 7.5. You must:

    1. check your emails or Internet Banking at least weekly;
    2. tell us if your details (including email address) change;
    3. tell us if you or any user are unable to access your email or Internet Banking or a link to a bill or statement for any reason; and
    4. ensure your mailbox has sufficient storage space available to receive notifications.

    7.6. If, for any reason a bill or statement is:

    1. not delivered to you on time or at all (other than because you failed to view an available bill);
    2. delivered to the wrong person;
    3. delivered with incorrect details; or
    4. delivered to you after you have unsuccessfully attempted to deregister from using BPAY View, As soon as you become aware of the error you must the applicable Biller to advise it of the error and if applicable obtain a correct paper bill or statement. You are also responsible for any charges or interest which are payable to the Biller due to any late payment as a consequence of such error.

    7.7. We are not liable to arrange for or ensure that any Biller with whom you register to receive bills and statements using BPAY View actually makes those bills or statements available to you. If you do not receive bills and statements from a Biller, or the bill or statement is not available to be viewed using BPAY View, you must the applicable Biller to obtain a paper bill or statement.

    7.8.BPAY View is not available for new customers from August 2017.

    8. Our Commitment to You

    8.1. We will:

    1. take reasonable precautions as may be necessary to ensure that information concerning your Accounts transmitted by them through Internet Banking or Mobile Banking will remain confidential and protected from unauthorised access to that information;
    2. make every effort to ensure that Internet Banking and Mobile Banking is available to you 24 hours a day, 7 days a week, but we are not responsible for any breakdown or interruption in Internet Banking or Mobile Banking due to circumstances beyond our control; or
    3. endeavour to ensure that information we make available to you through Internet Banking and Mobile Banking is, as far as practicable, up to date and correct.

    8.2.Transactions made through Internet Banking and Mobile Banking will, generally, be processed immediately, but may be processed on the next Business Day.

    8.3.CD Bank is not responsible for the unavailability of Internet Banking or Mobile Banking in whole or part or for delays or errors in the execution of any transaction due to problems with the communication, network, ancillary equipment, our computer system or any other circumstances.

     

    8.4.CD Bank is not liable for the failure of Internet Banking or Mobile Banking to perform in whole or in part any function that we have specified it will perform.

     

    8.5.CD Bank is not liable for any loss or damage if an Internet Banking or Mobile Banking transaction is delayed, is not effected or is in error for any reason.

    9. Your Liability

    9.1. A receipt or reference number will be issued for Transfers and Bill Payment transactions performed using Internet Banking. You should record all Internet Banking transactions for checking against your regular Account statement.

     

    9.2. You are liable for all transactions carried out by you or by anyone carrying out a transaction with your authority, knowledge or consent, regardless of when the transaction is processed to your Account.

    9.3. 9You are liable (and where an Account is in joint names you are jointly and severally liable) for all transactions and other losses caused by unauthorised use, subject to clause 10 below.

    9.4. If you use an obvious Password such as part of your name or date of birth, you may be liable for any losses which occur as a result of unauthorised use of the Password before you notify us that the password has been misused or become known to someone else.

    10. Limit of your liability

     

    10.1. You will not be liable for unauthorised operations on an Account for which the correct membership number and password are used if you:
    1. were in no way responsible for the member number, Account type and password becoming known to an unauthorised user and you can prove this to us;
    2. notify us immediately (by emailing [email protected] or calling ) you become aware or suspect that an unauthorised operation has taken place;
    3. check your Account statements for unauthorised operations as soon as you receive them; and
    4. give all necessary assistance and co-operation regarding any investigation of the circumstance giving rise to the unauthorised transaction.

    10.2. You will not be liable for losses resulting from an unauthorised transaction that can be made using an Identifier without a Password or Security Code.

    11. Cancelling, Suspending or Terminating Internet Banking

    11.1. You may cancel or suspend your access to Internet Banking at any time by giving us written notice.

    11.2. We may:
    1. suspend the use of the Internet Banking or phone banking service, including any associated Security Tokens, at any time and without notice if we believe the service is being misused in a manner that would cause loss to you or to CD Bank;
    2. terminate your Internet Banking access at any time by writing or emailing to you at the address last recorded on our system.

    11.3. We reserve the right to cancel, discontinue or withdraw Internet Banking or any part of it without notice.

    12. Fees and Charges

    12.1. Details of any fees and charges applicable are available on request from us, or on the fees and charges section of our website.

    12.2. We:

    1. reserve the right to introduce and vary fees and charges for Internet Banking or Mobile Banking transactions and use of Internet Banking or Mobile Banking;
    2. may debit fees and charges to your Account.

    12.3. We will advise you in writing of any change to fees and charges by no later than the day the change takes effect. We will advise you of any new fees and charges or increase in your obligations at least 30 days before the change.

    . Changes to Terms and Conditions

    .1. We may change these Terms and Conditions and BPAY fees and charges from time to time.

    .2. We will notify you in writing at least 30 days before the effective date of change if the change to the Terms and Conditions will:

  • a. introduce a new fee or charge; or
  • b. vary the method by which interest is calculated or the frequency with which it is debited or credited.
  • .3. We will notify you in writing at least 20 days before the effective date of change or such other longer period as may be required by law if the change to the Terms and Conditions will:

    1. increase charges relating solely to the use of your Access Method or the issue of additional or replacement Access Methods;
    2. increase your liability for losses;
    3. impose, remove or adjust daily or periodic limits on amounts which may be transacted via BPAY; or
    4. make any changes to your Account(s) in respect of which the law requires that notice be given to you.

    .4. We will notify you of any other changes to these Terms and Conditions no later than the day the change takes effect, or such longer period as may be required by law, by:

    1. post, to the address recorded in our records or to a mailing address you nominate;
    2. fax;
    3. email or other electronic means (including but not limited to an email, SMS, app notification, social media notification or other digital message with a hyperlink or similar connection, or notification that a statement or information is available within Internet Banking or on our website); or
    4. advertisement in the media.

    .5. If no period of notice is needed under any relevant law, the ePayments Code or the Customer Owned Banking Code of Practice, we can make changes to these Terms and Conditions immediately and you might not be told of these changes before they happen. We can give you notice in any way permitted by law or the Code of Practice including notice through the CD Bank Internet Banking website or Mobile Banking App.

    .6. 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.

    .7. Information on our current interest rates and fees and charges is available on request.

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

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

    .10. If you change your address and do not tell us, you are considered to be notified if we write to the old address.

    .11. You may at any time request in writing that we withdraw your access to the service. You will remain responsible for any transactions made on your account using the service until the request had been received and processed by us.

    14. Disputed Transactions

    14.1. If you have a problem or complaint about Internet Banking or Mobile Banking, please report it to us immediately. We will investigate your complaint and write to you as soon as possible giving you reasons for our decision.

    14.2. If you do not accept our response to your complaint, you may arrange to have the matter dealt with in accordance with CD Bank’s dispute resolution procedures.

    14.3. Details of the dispute resolution procedures are contained in a separate brochure which is available from any of the CD Bank branches or by calling .

    14.4. Clause 6.11 covers disputes relating to BPAY transactions.

    15. Transfer of Funds to other institutions

    15.1. Transfers made to other financial institutions will be made to the BSB and Identifier you provide. Where there is a Mistaken Internet Payment:

    1. the funds may be credited to the account of an unintended recipient or the Transfer might not be made at all; and
    2. it may not be possible to recover the funds from the unintended recipient.

    15.2. We do not check that the BSB and Account numbers are accurate. We are not responsible for any inaccuracy in instructions that you give, nor are we responsible for the information the payee receives in relation to the Transfer.

    15.3. Once your Account is debited, funds will be transferred to the other institution within a maximum period of 2 Business Days, depending on the time you submitted the Transfer.

    15.4. We cannot advise when, or if, the payee's financial institution will process your instructions. To ensure that you know when and if your instructions have been successfully completed, please ensure that your email address is correct.

    15.5. If we are advised by the payee's financial institution that the Transfer has been unsuccessful, we will advise you of the same, however this may take up to 2 weeks, sometimes longer, depending on the other financial institution.

    15.6. Monetary limits and thresholds apply to your use of Internet Banking and Mobile Banking transactions. The limits below apply unless you have asked for, and we have confirmed, a different daily limit for BPAY payments or transfers to payees:

    1. The Internet Banking and Mobile Banking standard limit applied for transfers to accounts held with other financial institutions is $10,000.00 per membership, per day.

    16. Process for recovering a Mistaken Internet Payment from other institutions

    16.1. If you report to us that a Mistaken Internet Payment has been made how it is dealt with will depend on when you report it to us. The details of the applicable processes are set out below.

    16.2. In all cases, when a Mistaken Internet Payment is reported, we must within 5 business days:

    1. acknowledge the request for the return of funds by the other financial institution; and
    2. advise the other financial institution whether there are sufficient funds in the account of the unintended recipient to cover the mistaken internet payment.

    16.3. Process where Mistaken Internet Payment is reported within 10 business days of making the payment.

    1. If there are sufficient credit funds available in the account of the unintended recipient and both we and the other financial institution (which holds the account to which the reported Mistaken Internet Payment was made) are satisfied that a Mistaken Internet Payment occurred, then the other financial institution must return the funds to us within 5 to 10 business days of receiving our request.
    2. We will then return the funds to your account as soon as practicable.
    3. 16.4. Process where Mistaken Internet Payment is reported between 10 business days and 7 months of making the payment:

      1. If there are sufficient credit funds available in the account of the unintended recipient and we are satisfied that a Mistaken Internet Payment occurred, we will ask the other financial institution to investigate (which must be completed within 10 business days of receiving our request).
      2. If, after the investigation is completed, the other financial institution is satisfied that a Mistaken Internet Payment occurred, it must prevent the unintended recipient from withdrawing the funds mistakenly paid for a further 10 business days.
      3. The other financial institution must notify the unintended recipient that the funds will be withdrawn from their account unless they can establish that they are entitled to the funds within the 10 business day period (commencing on the day the unintended recipient was prevented from withdrawing the funds).
      4. If the unintended recipient does not, within 10 business days establish that they are entitled to the funds, the other financial institution must return the funds to us within 2 business days of the expiry of the 10 business day period. The unintended recipient will be prevented from withdrawing the funds during this time.
      5. We will then return the funds to your account as soon as practicable.

      16.5. Process where Mistaken Internet Payment is reported after 7 months of making the payment:

      1. If there are sufficient funds available in the account of the unintended recipient and both us and the other financial institution are satisfied that a Mistaken Internet Payment was made, the other financial institution must seek the consent of the unintended recipient to return the funds mistakenly paid.
      2. If the unintended recipient consents, the other financial institution must return the funds to us.
      3. We will then return the funds to your account as soon as practicable.

      16.6. Process where Mistaken Internet Payment is reported at any time but the other financial institution not satisfied that a Mistaken Internet Payment was made:

      1. If we are satisfied that a Mistaken Internet Payment occurred, but the other financial institution is not satisfied, but there are sufficient credit funds available in the account of the unintended recipient, the other financial institution may seek the consent of the unintended recipient to return the funds.
      2. If the unintended recipient consents, the other financial institution must return the funds to us.
      3. We will then return the funds to your account as soon as practicable.

      16.7. Process where Mistaken Internet Payment is reported at any time but insufficient credit funds:

      1. If both us and the other financial institution are satisfied that a Mistaken Internet Payment was made, yet there are not sufficient credit funds available in the account of the unintended recipient to the full value of the Mistaken Internet Payment, the other financial institution must use reasonable endeavours to retrieve the funds from the unintended recipient (for example, by facilitating repayments in instalments).

      16.8. Process where Mistaken Internet Payment is reported at any time but we are not satisfied that a Mistaken Internet Payment occurred:

      1. We are not required to take any further action, but may seek the consent of the unintended recipient to return the funds to the other financial institution.
      2. The party who made the Mistaken Internet Payment will be liable for any loss.

      16.9. In all instances, we will advise you of the outcome of the investigation of a reported Mistaken Internet Payment in writing within 30 business days of the day on which the report was made.

      16.10.If we are satisfied that a Mistaken Internet Payment has occurred, we will take action as follows:

      1. if sufficient credit funds are available in your Account to the value of that payment; and
      2. the Mistaken Internet Payment is reported 7 months or less after the payment; and
      3. for Mistaken Internet Payments reported between 10 Business Days and 7 months of the payment, and you do not establish that you are entitled to the payment within 10 Business Days,
      4. we will, without your consent, deduct from your Account an amount equal to that mistaken payment and send that amount to the sending financial institution.

        16.11.If there are insufficient funds in your Account, you must co-operate with us to facilitate payment by you of an amount of the Mistaken Internet Payment to the payer.

        16.12.We can prevent you from withdrawing funds the subject of a Mistaken Internet Payment where we are required to do so to meet our obligations under the ePayments Code.

    17. Mobile Banking Security

    17.1. To protect your Accounts and personal information, CD Bank recommends setting a PIN or password or using fingerprint logon on your Mobile Device, and, for additional protection, installing and enabling remote wipe software on your Mobile Device. It is also recommended that a PIN is enabled on the Mobile Banking App as a further security measure.

    17.2. Make sure nobody else knows the PIN or password for your Mobile Banking Device or Mobile Banking App. Because your Mobile Banking Device can access your Accounts, any person who knows your Mobile Device or Mobile Banking App PIN or password can instruct us to perform transactions and we will assume that you have authorised the transaction.

    18. Eligible Mobile Devices and Access

    18.1. Not all Mobile Devices may be capable of accessing and using Mobile Banking. You are responsible for using, having or obtaining a compatible Mobile Device in connection with any use of the service.

    18.2. We will make reasonable efforts to:

    a. ensure that Mobile Banking is available during the hours specified by us from time to time; and

    b. ensure that information we make available to you through Mobile Banking is correct.

    18.3. CD Bank is not responsible for:

      a. Any inability of a Mobile Device to access the service;
    1. b. The availability of Mobile Banking on your Mobile Device. Availability may be affected by your telecommunications connection in order to access this service. As a result, CD Bank cannot guarantee that you will be able to access Mobile Banking at all times;
    2. c. Any loss or damage to a mobile device resulting from your access or use or attempted use of Mobile Banking;
    3. d. Any charges relating to your use of a Mobile Device for the purposes of Mobile Banking;
    4. e. The security of your Mobile Device which you will use to access Mobile Banking. When you have completed your banking, you should log out of the Mobile Banking App.
    5. 18.4. If you travel outside of Australia you may still have access to the Mobile Banking service. You should check with your telephone communications provider whether the Mobile Device will be able to use a network in those countries in which you are travelling. CD Bank is not liable for any additional costs you incur.

    19. Notifications on your Mobile Banking Device

    19.1. We may send you notifications, including any SMS alert or email alert regarding your Accounts, to your Mobile Banking Device.

    19.2. Anyone who has access to your Mobile Banking Device (including if you lend it to someone else or it is lost or stolen) will be able to see your notifications.

    19.3. In some instances, notifications may not reach your Mobile Banking Device due to the requirements or limitations of the communications network or system outages or due to factors beyond our control, such as your internet connection.

    19.4. We may, without advance notice to you, temporarily suspend or terminate the notifications feature for any reason.

    20. Lost or stolen Mobile Banking Device

    20.1. If you suspect the security of your Access Codes has been breached, your Mobile Banking Device or your Mobile Banking App PIN or password has been lost, stolen or misused, or an unauthorised transaction has occurred on your Account you must call our Contact Centre to change your Access Code (if possible) and ensure that your Mobile Banking Device is de-registered as a Mobile Banking Device and for any Mobile Banking services.

    20.2. Please refer to clause 14 of this Terms and Conditions for any disputed transactions, problems or complaints in respect of Mobile Banking. 

    21. Cancelling and suspending use of Mobile Banking

    21.1. We may cancel your access to Mobile Banking without advance notice if we reasonably believe it is necessary or appropriate, for example where we believe that there is a risk of fraud or security breach, or where you have not accessed Mobile Banking for a lengthy period. We will inform you in writing after we cancel your access. If you want to use Mobile Banking at a later date, you may ask us to register or activate you again.

    21.2. To cancel your registration for Mobile Banking, you can call our Contact Centre. If you want to use Mobile Banking at a later date, you may ask us to register or activate you again.

    21.3. If you replace your Mobile Banking Device, you can call our Contact Centre to delete the registration of that device for Mobile Banking purposes. When you download the Mobile Banking App on your new Mobile Banking Device and login, that device will be registered for Mobile Banking.

    21.4. If you change your Mobile Device Number, you can call our Contact Centre to update your details and register the new Mobile Device Number for SMS security.

    21.5. We reserve the right to cancel, discontinue or withdraw Mobile Banking or any part of it without notice.

    ® Registered to BPAY Pty Ltd ABN 69 079 7 518