My Credit Union

BPAY Terms and Conditions

Print

Welcome to our BPAY facility. You may choose to access the BPAY facility by logging into the SERVICE ONE Alliance Bank eLink Internet banking facility or by accessing the phoneLink service. IMPORTANT: These Terms and Conditions will govern your access to BPAY. It is therefore important that you read these Terms and Conditions carefully before you use BPAY. These Terms and Conditions take effect on and from 1 April 2002 except as otherwise advised in writing, and replace all BPAY Terms and Conditions previously issued. If you access BPAY then you will be taken to have read, understood and accepted these Terms and Conditions. Upon such use, these Terms and Conditions apply to every BPAY Payment on your Account and you will be legally bound by them.

1. Definitions


In addition, references to:

2. Code of Banking Practice

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


3. ePayments Code

We warrant that we will comply with the ePayments Code where that code applies.


4. Security Breaches

a. We will attempt to make sure that your BPAY Payments are processed promptly by participants in BPAY, and you must tell us promptly if:

b. If you think that the security of your Access Method has been compromised you should notify us immediately and at any time by phoning 1300 361 761.

c. 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 contact us to cancel the card.

d. We will acknowledge your notification by giving you a reference number that verifies the date and time you contacted us.


5. Using BPAY

a. We are a member of BPAY. We will tell you if we are no longer a member of BPAY.

b. 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.

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

d. 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.

e. You acknowledge that we are not required to effect a BPAY Payment if you do not give us all the information specified in clause 5(d) or if any of the information you give us is inaccurate.

f. We will debit the value of each BPAY Payment and any applicable fees to the Account from which the relevant BPAY Payment is made.

g. 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.

h. 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.

i. 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. Processing of BPAY Payments

a. A BPAY Payment instruction is irrevocable. Except for future-dated payments (addressed in condition 7) you cannot stop a BPAY Payment once you have instructed us to make it and we cannot reverse it.

b. We will treat your BPAY Payment instruction as valid if, when you give it to us, you use the correct Access Method.

c. 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(g)) when making a BPAY Payment or if you did not authorise a BPAY Payment that has been made from your Account.

d. A BPAY Payment is treated as received by the Biller to whom it is directed:

e. Notwithstanding this, a delay may occur processing a BPAY Payment if:

f. If SERVICE ONE is advised that your payment cannot be processed by a Biller, SERVICE ONE will:

g. You must be careful to ensure you tell SERVICE ONE the correct amount you wish to pay. If you make a BPAY Payment and later discover that:

7. Future-Dated Payments*1

You may arrange BPAY Payments up to 60 days in advance of the time for payment. If you use this option you should be aware that:

a. You are responsible for maintaining, in the Account to be drawn on, sufficient cleared funds to cover all future-dated BPAY Payments (and any other drawings) on the day(s) you have nominated for payment or, if the Account is a credit facility*2, there must be sufficient available credit for that purpose.

b. 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.

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

d. You should contact us on 1300 361 761 if there are any problems with your future-dated payment.

e. You must contact SERVICE ONE 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.

*1 This is an optional facility depending on whether it is offered by SERVICE ONE.
*2 Depending on whether SERVICE ONE will permit a credit facility to be used for that purpose.


8. BPAY Transaction Limits

a. SERVICE ONE may limit the amount of BPAY Payments you may make on any one day.

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

c. SERVICE ONE will advise you of all such transaction limits.


9. Refusing BPAY Payment Directions

You acknowledge and agree that:

a. SERVICE ONE 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

b. SERVICE ONE is not liable to you or any other person for any loss or damage which you or that other person may suffer as a result of such refusal.


10. Access Method Security Guidelines

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.

a. 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.

b. You must not select a code that 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 that occur as a result of unauthorised use of the code before you notify SERVICE ONE that the code has been misused or become known to someone else.

c. You must not tell or show the code to anyone else (including family and friends).

d. You must not act with extreme carelessness in failing to protect the security of the code.

In addition, you must comply with the security guidelines that apply to your Access Method.

It's recommend that you:

These guidelines 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 11 of these Terms and Conditions and the ePayments Code.


11. Your Liability for BPAY Payments

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

b. If you are responsible for a mistaken BPAY Payment and SERVICE ONE cannot recover the amount from the person who received it within 20 Banking Business Days of SERVICE ONE attempting to do so, you will be liable for that payment.

c. You are not liable for losses caused by unauthorised BPAY Payments:

(i) where it is clear that you have not contributed to the loss

(ii) that are caused by the fraudulent or negligent conduct of employees or agents of:

(iii) relating to a forged, faulty, expired or cancelled Access Method

(iv) resulting from unauthorised use of the Access Method:

(v) that are caused by the same BPAY Payment being incorrectly debited more than once to your Account.

d. You will be liable for any loss of funds arising from unauthorised BPAY Payments if the loss occurs before you notify SERVICE ONE Alliance Bank that your Access Method has been misused, lost or stolen or used without your authorisation and if SERVICE ONE proves, on the balance of probabilities, that you contributed to the loss through:

(i) 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 10(a), (b), (c) and (d)

(ii) unreasonably delaying in notifying SERVICE ONE 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 SERVICE ONE.

However, you will not be liable for:

(i) the portion of the loss that exceeds any applicable daily or periodic transaction limits

(ii) the portion of the loss on your Account which exceeds the balance of your Account (including any prearranged credit), or

(iii) all losses incurred on any account which you had not agreed with SERVICE ONE could be accessed using the Access Method.

e. Where a secret code such as a PIN or password is required to perform the unauthorised BPAY Payment and clause 11(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:

(i) $150

(ii) the balance of your Account, including any prearranged credit, or

(iii) the actual loss at the time you notify SERVICE ONE 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).

f. You indemnify SERVICE ONE against any loss or damage SERVICE ONE may suffer due to any claim, demand or action of any kind brought against SERVICE ONE 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.

g. If you notify SERVICE ONE that a BPAY Payment made from your Account is unauthorised, you must provide SERVICE ONE with a written consent addressed to the Biller who received that BPAY Payment allowing SERVICE ONE to obtain information about your Account with that Biller as is reasonably required to investigate the payment. If you do not give SERVICE ONE that consent, the Biller may not be permitted under law to disclose to SERVICE ONE the information needed to investigate or rectify that BPAY Payment.

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


12. Malfunction

You will not be responsible for any loss you suffer because BPAY accepted your instructions but failed to complete a BPAY Payment.

In the event that 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.


13. Consequential Damage

a. 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.

b. 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 services which may not be excluded, restricted or modified at all, or only to a limited extent.


14. Resolving Errors on Account Statements

a. All BPAY Payments and applicable fees will be recorded on the Account statements of the Accounts to which they are debited.

b. You should check all entries on your Account statements carefully.

c. If you believe a BPAY Payment entered on your statement is wrong or was not authorised by you, contact SERVICE ONE immediately and give the following details:

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

e. Within 21 days of receipt from you of the details of your complaint, SERVICE ONE will:

f. SERVICE ONE will complete the investigation within 45 days of receiving your complaint unless there are exceptional circumstances. In such circumstances SERVICE ONE 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 SERVICE ONE are waiting for a response from you and you have been advised that such a response is required.

g. When the investigation is completed, SERVICE ONE 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.

h. If you are not satisfied with the decision, you may request that the decision be reviewed by SERVICE ONE's senior management.

If you are not satisfied with the repsonse provided you have the option of referring the matter to Bendigo Bank's Customer Advocate, As an authorising licensee of SERVICE ONE, Bendigo Bank's Customer Advocate will impartially assess your complaint, keep you informed of the progress and provide you with a response.

Bendigo Bank's Customer Advocate can be contacted by:

Telephone - 1300 139 572 (+61 3 5485 7919) between 8.30am and 5.00pm (Victorian time), weekdays
Email - customeradvocate@bendigoadelaide.com.au
Post/letter - write to Customer Advocate, PO Box 480, BENDIGO VIC 3552

Alternatively (or following consideration by Bendigo Bank's Customer Advocate) you may refer your complaint directly to the relevant External Dispute Resolution (EDR) scheme.

Australian Financial Complaints Authority
GPO Box 3
MELBOURNE VIC 3001
Phone: 1800 931 678
Email: info@afca.org.au
Website: www.afca.org.au

i. If SERVICE ONE finds that an error was made, appropriate adjustments will be made to your affected Account, including interest and charges (if any) and will advise you in writing of the amount of the adjustment.

j. If SERVICE ONE decides that you are liable for part or all of a loss arising out of unauthorised BPAY Payment, SERVICE ONE will:

k. If SERVICE ONE fails to observe these procedures or the requirements of the ePayments Code when liability is allocated, conduct the investigation or communicate the reasons for the decision and SERVICE ONE's failure prejudices the outcome of the investigation or causes unreasonable delay in its resolution, SERVICE ONE will be liable for part or all of the amount of the disputed payment.


15. 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. It's recommend you record the receipt numbers on the relevant bills.


16. Transaction and other Fees

a. SERVICE ONE will advise you whether any fees will be charged, and the amount of such fees (including any dishonour fee), for:

b. SERVICE ONE will also advise you whether any government charges will debited to you, duties or taxes arising out of a BPAY Payment.

c. SERVICE ONE may charge you with dishonour fees for any future-dated BPAY Payments that have failed due to insufficient funds in the relevant Account.


17. Changes to Terms and Conditions

a. SERVICE ONE may change these Terms and Conditions and BPAY fees and charges from time-to-time.

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

c. SERVICE ONE 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:

d. SERVICE ONE 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:

e. SERVICE ONE is not obliged to give you advance notice if a variation involving an interest rate, fee or charge will result in a reduction in your obligations.

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

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


18. Cancellation of BPAY Access

a. You may cancel your access to BPAY at any time by giving us written notice.

b. SERVICE ONE may immediately cancel or suspend your access to BPAY at any time for security reasons or if you breach these Terms and Conditions or the terms and conditions of your Account.

c. SERVICE ONE may cancel your access to BPAY for any reason by giving you 30 days notice. The notice does not have to specify the reasons for cancellation.

d. If, despite the cancellation of your access to BPAY, you carry out a BPAY Payment using the Access Method, you will remain liable for that BPAY Payment.

e. Your access to BPAY will be terminated when:


19. Privacy

a. SERVICE ONE collects personal information about you for the purposes of providing our products and services to you and for processing your BPAY Payments.

b. If you register to use BPAY, SERVICE ONE may disclose your personal and transactional information to other participants in BPAY in order to execute your instructions, including:

f. You must notify SERVICE ONE if any of your personal information changes and you consent to disclosing your updated personal information to the parties in clause 19(b).

g. You may have access to the personal information held about you at any time by asking SERVICE ONE, or to any of the personal information held by any of the parties in clause 19(b) by contacting them.

h. If your personal information is not disclosed to BPAY Pty Ltd or its agent, it will not be possible to process your BPAY Payment.


20. Miscellaneous

a. These Terms and Conditions govern your BPAY access to any of your SERVICE ONE Alliance Bank Accounts. 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 applicable to any of your Accounts or Access Methods, these BPAY Terms and Conditions will prevail.

b. You agree that you will promptly notify SERVICE ONE of any change of address.

c. SERVICE ONE may post all Account statements and notices to you at your registered address as provided for in SERVICE ONE's rules.