Before you use our Online Banking Services, please read these terms and conditions carefully. They govern your use of Online Banking Services and the Mobile Banking Apps we provide. These terms and conditions are effective 17 October 2023.
These terms and conditions operate in conjunction with the documents governing your Account.
Your activation and use of our Online Banking Services signifies your acceptance of these terms and conditions. You can access a copy of these terms and conditions at any time by contacting us.
Our Online Banking Services are designed exclusively for electronic use, and we will communicate with you in respect of them by sending information using electronic communication or by using electronic communication to notify you that information is available from an electronic address.
To safeguard your usage of Online Banking Services, we recommend that you take these steps:
- change your Access Code, PIN and Security Password at regular intervals;
- never reveal your Access Method to any person, including a family member or friend
- use care to prevent anyone seeing the details you enter to access Online Banking Services
- immediately notify us of any change to your mobile phone number, residential address or electronic address; and
- if you believe that the security of your Access Method is at risk, contact us immediately to change your Access Code.
The above are only examples of security measures and will not determine your liability for losses resulting from unauthorised transactions. That liability will be determined in accordance with the ePayments Code.
Contact us
If you have any questions about these terms and conditions or our Online Banking Services, you can contact us by:
Call: 1300 228 228, Mon - Fri 8am - 6pm
Mail: mail@bcu.com.au
These terms and conditions include information relating to:
- Definitions
- Acceptance
- Applicability of these terms & conditions
- Customer Owned Banking Code or Practice
- ePayments code
- Using our Online Banking Services
- Authorisation of transactions
- Joint account holders
- Transaction limits
- Information obtained via Online Banking Services
- Pay Someone
- Batch Payments
- Mistaken Internet Payments and Misdirected Payments
- International Transfers
- BPAY
- PayTo Services
- Access Method Security
- Scheduled Payments
- Fees and changes
- Account statements
- Resolving errors on account statements
- Dispute resolution
- Denial of access to Online Banking Services
- What to do if your Access Method has been lost or is stolen
- Your liability for use of Online Banking Services
- Open Banking - Consumer Data Right
- Changes to Terms and Conditions
- Cancellation of Online Banking Services access
- Miscellaneous
1. Definitions
In these Online Banking Services terms and conditions:
Access Code means the Access Method required, along with your member number, for you to access Online Banking Services or the relevant Mobile Banking App. The Access Code is chosen by you but must meet our requirements as advised from time to time.
Access Method means a method authorised by us which enables you to access and use our Online Banking Services. This includes an Access Code, security token, PIN, Security Password and SMS Code, but does not include a method which requires your manual signature.
Account/s means any Account held by you with us which we agree you may access using our Online Banking Services.
ASIC means the Australian Securities and Investments Commission.
Available Balance means the funds available in your Account, including any positive balance in the Account, any unused line of credit or any other agreed credit facility made available for the Account. It does not include deposits received but not cleared, interest accrued but not credited, or deposits in transit.
Bank, we, us, or our means BCU Bank - a division of Police & Nurses Limited ABN 69 087 651 876, and its successors and assignees.
Banking Business Day means any day we are open for business and in respect of BPAY and Osko means any day on which banks in Melbourne or Sydney are able to effect settlement through the Reserve Bank of Australia.
Batch Payment means a service that enables you to make multiple payments (including Pay Someone transfers, Osko Payments and/or BPAY payments) by creating a 'batch' file and submitting such file for processing.
Beneficiary Bank means the bank where the Payee holds the account that an International Transfer is being made to.
Biller means an organisation who tells you that you can make bill payments to them through BPAY.
BPAY® means the electronic payment scheme called BPAY operated in co-operation between Australian financial institutions, which enables you to effect bill payments to Billers who participate in BPAY via telephone or internet access or any other method as approved by us from time to time, and to effect Osko Payments.
BPAY Payment means a payment transacted using BPAY.
BPAY Pty Ltd means BPAY Pty Limited ABN 69 079 137 518
BSB in respect of an account means, the Bank/state/Branch number of the financial institution where the account is held.
Convera means Western Union Business Solutions (Australia) Pty Ltd (ACN 150 129 749; AFSL 404092) trading as Convera.
Cut Off Time means the time we advise you from time to time, by which your payment instructions must be received by us in order for those instructions to be processed that day.
Direct Debit means recurring automated payment transactions that transfer money from your Account to another person’s/business bank account, typically on a pre-set regular date.
ePayments Code means the ePayments Code issued by ASIC.
International Payment Instruction means instructions given, or purported to be given, by you to us to make an International Transfer, and the instructions that we give any Other Bank in order to effect that International Transfer.
International Transfer means a payment to a beneficiary account at a bank overseas.
Internet Banking/iBank means the Online Banking Service we provide that allows you to access certain information about your Accounts, change your personal details or preferences, and perform a range of transactions through an internet browser installed on a personal computer, laptop, mobile phone or tablet.
Jailbreaking means removing limitations put in place by a device manufacturer. The term ‘Jailbreaking’ generally refers to devices using Apple iOS. The term ‘Rooting’ has the same meaning for Android devices.
Merchant means a merchant with who you establish, or would like to establish, a Payment Agreement and who is approved by NPPAL.R
Migrated DDR Mandate means a previously authorised Direct Debit that you have authorised the Merchant or Payment Initiator to convert to a Payment Agreement.
Misdirected Payment means an Osko Payment made by a sender to one or more bank accounts where the funds are paid into the account of an unintended recipient because the recipient’s financial institution has made an error in recording PayID information.
Mistaken Internet Payment means a payment made by a sender to one or more bank accounts where funds are paid into the account of an unintended recipient because the sender has entered or selected a BSB, PayID or any other identifier (such as an Account number) that does not belong to the named and/ or intended recipient (including as a result of the sender’s error, or the sender being advised of the wrong BSB number and/or identifier). This includes Osko Payments and payments initiated by you or another user using the Pay Someone service from your Account but does not include payments made using BPAY or any International Transfer made through our Online Banking Services.
Mobile Banking App means a mobile phone banking service that allows you to access certain information about your Accounts and perform a range of transactions through a software application installed on your mobile phone or other device. The software application can be downloaded through the App Store (for Apple devices) or Google Play (for Android devices).
NPPAL means NPP Australia Limited ABN 68 601 428 737.
Online Banking Services means the services we provide through Internet Banking and Mobile Banking Apps.
Open Banking means the secure way to share your banking information with accredited third parties.
Osko means the Osko payment service provided by BPAY Pty Ltd.
Osko Payment means a payment made through Osko.
Other Bank means any third party intermediary (including Convera) and/or Beneficiary Bank that may or may not be appointed by us for the purposes of making or receiving an International Transfer.
Payee means the person or entity receiving an International Transfer.
Pay Someone means a service that enables you to transfer funds from your Account to an account that is held with another Australian financial institution (whether by another person or by you) or to another account with us which is not held by you and includes Osko Payments. This excludes BPAY payments.
PayID means the identifier used to receive Osko Payments into an account or by Merchants or Payment Initiators to initiate payments from your account under authorised Payment Agreements and/or Migrated DDR Mandates.
PayID Name means the name given to a person, Merchants or Payment Initiators to identify them to payers when that person’s PayID is used to make either an Osko Payment or initiate payments under a Payment Agreement or Migrated DDR Mandate.
PayTo means electronic payments cleared and settled in real-time by participating financial institutions via the NPP.
Payment Agreement means an agreement established by you and a Merchant or Payment Initiator, by which you authorise us to make payments from your Account.
Payment Initiator means a payment service provider who, whether acting on behalf or you or a Merchant is authorised by you to initiate payments from your account and is approved by NPPAL.
PIN means a personal identification number we may require you to input to transact or update your details with Online Banking Services.
Scheduled Payment means a payment you instruct us to make from your Account on a date in the future specified by you.
Security Password means an alphanumeric password we may require you to input to transact or update your details within Online Banking Services.
Security Setting means your security setting for SMS Code Security and for certain transactions and functions within Online Banking Services.
SMS Code means a randomly generated code we send to your mobile phone number by Short Messaging Service (SMS), which we may require you to input to perform certain transactions, to use our Online Banking Services and to validate your identity or update your details.
SMS Code Security means the Security Setting where, when requested, you must correctly enter your current SMS Code, in addition to any existing secure code to authenticate you as a user.
You and your are references to the Account holder or if there is more than one Account holder then all of Account holders jointly and each of the Account holders severally. You includes an Account holder's successors and assigns.
2. Acceptance
Your activation and use of our Online Banking Services indicates your acceptance of these terms and conditions.
3. Applicability of these terms and conditions
3.1 These terms and conditions apply to all transactions involving the use of Online Banking Services to access your Accounts.
3.2 Each transaction on an Account is also governed by the terms and conditions applying to that Account.
3.3 These terms and conditions should be read in conjunction with the terms and conditions applicable to your Account. To the extent of any inconsistency between these terms and conditions and the terms applicable to any of your Accounts, these terms and conditions will prevail.
3.4 You agree to perform all your obligations under these terms and conditions, and to comply with the terms and conditions in respect of your Accounts.
4. Customer Owned Banking Code of Practice
The relevant provisions of the Customer Owned Banking Code of Practice apply to the products and services referred to in these terms and conditions. Each relevant provision of the Customer Owned Banking Code of Practice is incorporated into these terms and conditions.
5. ePayments Code
We will comply with the ePayments Code whenever that code applies.
6. Using our Online Banking Services
6.1 You must use your Access Code and member number to use Online Banking Services. You must use an Access Method to use a Mobile Banking App.
6.2 After your first use of a Mobile Banking App, if your mobile phone or other device allows you to control access to it using biometrics you store in the phone or device, you may register to access the Mobile Banking App using biometric recognition. This method allows you to use the biometrics you store on your mobile phone or other device to access the Mobile Banking App instead of entering your Security Password and SMS Code each time.
If you register for biometric recognition:
(a) you authorise us to act on any instruction given to us using the Mobile Banking App, where the Mobile Banking App was accessed using biometric recognition through your mobile phone or other device;
(b) you should ensure that only your biometrics are stored in the mobile phone or other device; and
(c) you should ensure that your mobile phone or other device, and your biometrics used in connection with the mobile phone or other device, remain secure at all times.
6.3 Pay Someone transactions (excluding Osko Payments, International Transfers BPAY Payments and Batch Payments), which are made before 6pm (WST)
(a) on a Banking Business Day will be processed that day.
(b) on a non-Banking Business Day will generally be processed on the next Banking Business Day.
6.4 Pay Someone Osko Payments will be processed immediately where the recipient's financial institution is a participant in Osko. If the recipient's financial institution is not a participant in Osko then:
(a) only payments made between 9am and 6pm on a Business Banking Day may be processed immediately; and
(b) all others will generally be processed on the next Banking Business Day.
6.5 Pay Someone transactions which are a transfer of funds from your Account to another account with us will be processed immediately.
6.6 You authorise us to act on all instructions given by you through the Online Banking Services by using the applicable Access Method.
6.7 Not all Online Banking Services will be available at all times (refer to clause 25.7 Malfunction or unavailability).
6.8 We may use your mobile phone number to send you SMS Codes and other information relevant to your use of Online Banking Services. You must ensure that we hold your current mobile phone number at all times. If you change your mobile phone number, contact us. If you do not provide us with your correct mobile phone number, you may not be able to use our Online Banking Services or be notified of important information relevant to the use of our Online Banking Services, including SMS Codes.
7. Authorisation of transactions
Transaction and savings accounts
- The holders of an Account that is a transaction and savings account, and which requires two or more signatures (each person is a Signatory) to operate the Account, may use the Online Banking Services to effect a transaction on that Account.
- If a Signatory initiates a transaction:
- a hold will be placed on the amount of the transaction (and will not be part of the available funds for the Account) for a maximum period of 14 days starting from the date the transaction is initiated (Authorisation Period);
- the transaction will only be processed after all Signatories have authorised the transaction (provided they do this within the Authorisation Period); and
- if the transaction is not approved by all Signatories within the Authorisation Period, the transaction will not be processed, the hold will be removed, and the funds will appear in your Account as available funds.
Accounts (other than transaction and savings accounts)
- The holders of an Account (other than a transaction or savings account) which requires two or more signatures to operate the Account are only permitted to use our Online Banking Services for the purpose of viewing the details of the Account and are not permitted to use Online Banking Services for the purpose of effecting transactions on that Account.
8. Joint account holders
8.1 If any Account is in the name of more than one person, each such person will be jointly and severally liable for transactions carried out on that Account using Online Banking Services.
9. Transaction limits
9.1 We may limit the amount you may transfer via Online Banking Services on any one day but will only do so in order to protect our legitimate business interest, and only to the extent required to do this.
9.2 Subject to any other limits that apply to your Account (including the transaction limits described in clauses 11.3 (Daily transaction limits on Pay Someone transfers), 12.2 (Daily transaction limits on Batch Payments), and 15.4 (BPAY transaction limits)), your daily transaction limit is the Available Balance of your Account.
9.3 We will advise you of any further transaction limits if any such limits are to apply.
9.4 At our reasonable discretion, we may impose and/or vary minimum and/or maximum limits on the amounts which you may transfer from your Accounts using our Online Banking Services. Information on these limits can be accessed by logging into our Online Banking Services.
9.5 You may decrease or request an increase in limits on the amounts which you may transfer from your Accounts using our Online Banking Services by logging into our Online Banking Services and selecting ‘Settings’ and ‘Transaction Limits’ or you can contact us.
10. Information obtained via Online Banking Services
10.1 Information about your Accounts that you obtain via our Online Banking Services may not always be completely up to date or correct at the time you obtain that information. The information about your Account that can be viewed through Online Banking Services and Mobile Banking App may vary between each service.
10.2 We will not be liable to any person for any loss that person suffers as a result of relying on information obtained via Online Banking Services.
11. Pay Someone
11.1 About Pay Someone
- You can use Online Banking Services to make a Pay Someone transfer of funds from your Account. To do so you will need to be registered for SMS Codes. Alternatively, you may be asked to provide a Security Password if you have registered a Security Password. If you are using our Bank Mobile Banking App you will need to use your relevant Access Code.
- After you make the Pay Someone transfer, you may receive an e-mail or SMS from us confirming the details you provide and advising the receipt number.
11.2 Osko Payments
11.2.1 Police & Nurses Limited subscribes to Osko. We will advise you if we are no longer a subscriber to Osko.
11.2.2 Osko allows you to make and receive Osko Payments in near real-time. We will advise you if, for any reason, we are no longer able to transfer funds using Osko.
11.2.3 Osko Payments may only be made to accounts held with us or other Osko participating financial institution.
11.3 Daily transaction limits on Pay Someone transfers
The amount of Pay Someone transfers you make in one day from all Accounts may not exceed $5,000.00 for each type of transfer. This includes Pay Someone transfers made through Osko. You may request higher transaction limits for each type of transfer by using Online Banking Services, if you have an SMS Code or by contacting us. Approval of a higher transaction limit is at our reasonable discretion. Where your Pay Someone daily transaction limit is increased, it may increase your liability in the case of unauthorised transactions.
11.4 Making a Pay Someone transfer
11.4.1 To make a Pay Someone transfer, you must provide us with the following information:
(a) for a Pay Someone transfer (other than an Osko Payment made using the recipient's PayID):
(i) BSB number of the financial institution with which the recipient’s account is held;
(ii) account number of the recipient’s account; and
(iii) account name of the recipient’s account;
(b) for an Osko Payment made using the recipient's PayID,
(i) the PayID supplied by the recipient; and
(ii) the amount you wish to transfer.
11.4.2 We will not be obliged to complete a Pay Someone transfer if the information you provide to us is incomplete/inaccurate, there is a technical failure which prevents us from processing the transfer, there are insufficient cleared funds in your Account, or the transfer may exceed your daily transaction limit.
11.4.3 To make sure a Pay Someone transfer has been successfully processed,
you should:
(a) ensure you receive and retain your transfer receipt details; and
(b) check with the recipient that your Pay Someone transfer has been received
11.4.4 We will debit the value of each Pay Someone transfer, and any applicable fees, to the Account from which the relevant transfer has been made.
11.5 Processing of Osko Payments
11.5.1 An Osko Payment instruction is irrevocable. Once you have instructed us to make an Osko Payment, that Osko Payment cannot be stopped or reversed.
11.5.2 Osko Payment instructions may be lodged 24 hours a day, 7 days a week using Online Banking Services or the Mobile Banking App.
11.5.3 You acknowledge that completed instructions to transfer funds from your Account will result in the amount of the Osko Payment being immediately deducted from your Account.
11.5.4 If the recipient's financial institution is a participant of Osko, funds are deposited to the recipient's account in near real time. This will be the case irrespective of the time of day at which the Osko Payment instruction is made, and whether or not the Osko Payment instruction is made on a Banking Business Day. If the recipient's financial institution is not a participant of Osko, then it may take longer for the funds to be deposited to the recipient's account (see clause 6.4).
11.5.5 If there are insufficient available funds in your Account to make the Osko Payment, your instructions will not be accepted.
11.5.6 In order to process an Osko Payment, we may need to disclose your personal information (including updates to such personal information notified to us) to BPAY Pty Ltd and/or its service providers. If we do not disclose your personal information to BPAY Pty Ltd and/or its service providers, the Osko Payment cannot be processed. Accordingly, you consent to us providing your personal information to BPAY Pty Ltd its service providers and such other participants involved in Osko as is necessary to facilitate the provision of Osko to you.
11.5.7 You should notify us immediately and at any time by calling us if you think.
(a) that you have made a mistake when instructing an Osko Payment;
(b) if you did not authorise an Osko Payment that has been made from your Account; or
(c) that you have been fraudulently induced to make an Osko Payment.
11.6 Delays in making Pay Someone Transfers
11.6.1 A delay may occur in the processing of a Pay Someone transfer where:
(a) the Pay Someone transfer(excluding an Osko Payment transfer) is requested on any day other than a Banking Business Day;
(b) delay is caused by the financial institution with which the recipient’s account is held (for example, an Osko Payment may be delayed where the recipient’s financial institution is not a participant in Osko); or
(c) there is a system malfunction.
11.6.2 We cannot guarantee that a Pay Someone transfer will be processed in a timely manner by the financial institution with which the recipient’s account is held, especially where that financial institution does not adhere to its obligations regarding the transfer of funds.
11.6.3 We cannot guarantee that the financial institution with which the recipient’s account is held will successfully process the Pay Someone transfer. If we are advised (either by you or the recipient's financial institution) that your Pay Someone transfer cannot be processed, we will:
(a) credit your Account with the amount of the failed transfer; or, for transfer other than Osko Payment take reasonable steps to assist you in completing the failed transfer.
(b) For Osko Payments, advise you of this.
11.7 Obligation to check Pay Someone transfer details and liability to transfer instructions
11.7.1 It is your responsibility to check the recipient’s details are correct.
(a) For Osko Payment using PayID, you must check the recipients PayID.
(b) For all other Pay Someone transfers, you must check the account name, BSB and account number of the recipient's account.
11.7.2 If those details are not correct, your Pay Someone transfer may be unsuccessful or may be paid to an unintended recipient. If you make a Mistaken Internet Payment, it may not be possible to recover your money from the person it is paid to. To the extent permitted by law, we are not liable for loss arising from any error in instructions given by you, except to the extent that the loss is caused by our fraud, negligence or wilful misconduct (including that of our officers, employees, contractors or agents).
12. Batch Payments
12.1 About Batch Payments
12.1.1 You can use Online Banking Services to make a Batch Payment where this functionality is made available to you. To do so you will need to contact us to seek our approval. Approval of access to Batch Payments is at our reasonable discretion.
12.1.2 Each payment within a batch file is subject to the terms and conditions applicable to that payment (that is, a Pay Someone transfer is subject to clause 11, and a BPAY Payment is subject to clause 15).
12.2 Daily transaction limits on Batch Payments
The amount of Batch Payments you make in one day from all Accounts may not exceed $5,000.00. You may request a higher daily transaction limit for Batch Payments by contacting us. Approval of a higher transaction limit is at our sole discretion. Where your Batch Payments daily transaction limit is increased, it may increase your liability in the case of unauthorised transactions.
13. Mistaken Internet Payments and Misdirected Payments
13.1 If you have made a Mistaken Internet Payment or Misdirected Payment, you can report it to us by
(a) contacting us with the details of the Mistaken Internet Payment or Misdirected Payment
(b) completing the Mistaken/Misdirected Payment form available on our website and sending it to us.
13.2 If you make a report to us that an Osko Payment made from your Account to an external bank account was a Misdirected Payment, we may request the recipient’s financial institution to identify and return the funds to us.
13.3 If you make a report to us that an Osko Payment made from your Account to another bank account held with us was a Misdirected Payment, we will use reasonable endeavours to determine whether a Misdirected Payment occurred and, if satisfied, return the funds to you within 10 business days.
13.4 If you make a report to us that a Pay Someone payment (including an Osko Payment)payment made from your Account to an external bank account was a Mistaken Internet Payment we will send a request as soon as reasonably possible and no later than 5 business days from the day you first report it to us to the receiving financial institution for the return of funds, and the receiving financial institution must, within a further 5 business days of receiving our request:
(i) acknowledge our request for the return of funds; and
(ii) advise us whether there are sufficient funds in the account of the unintended recipient to cover the Mistaken Payment
(a) within 10 Banking Business Days of making the payment, and there are sufficient credit funds available in the account of the unintended recipient, and both we and the receiving financial institution (at which the relevant account to which the Mistaken Internet Payment was made is held) are satisfied that a Mistaken Internet Payment occurred, then the receiving financial institution must return the funds to us within 5 to 10 Banking Business Days of receiving a request. We will then return the funds to you as soon as practicable;
(b) between 10 Banking Business Days and 7 months of making the payment, and there are sufficient credit funds available in the account of the unintended recipient and we are satisfied that a Mistaken Internet Payment occurred, then the receiving financial institution must complete its investigation within 10 Banking Business Days of receiving a request. If, after completing its investigation, the receiving financial institution is satisfied that a Mistaken Internet Payment occurred, it must prevent the unintended recipient from withdrawing the funds mistakenly paid for 10 further Banking Business Days. The receiving financial institution must notify the unintended recipient that it will withdraw funds in the amount of the Mistaken Internet Payment if the unintended recipient does not establish that they are entitled to the funds within 10 Banking Business Days. If the unintended recipient does not establish that they are entitled to the funds within 10 Banking Business Days, the receiving financial institution must return the funds to us within a further 2 Banking Business Days. We will then return the funds to you as soon as practicable;
(c) after 7 months of making the payment, and there are sufficient credit funds available in the account of the unintended recipient, and both we and the receiving financial institution are satisfied that a Mistaken Internet Payment occurred, then the receiving financial institution must seek the consent of the unintended recipient to return the funds mistakenly paid.
If the unintended recipient consents to the return of funds, the receiving financial institution must return the funds to us. We will then return the funds to you as soon as practicable;
(d) at any time and if the Bank is satisfied that a Mistaken Internet Payment occurred but the receiving financial institution is not satisfied that a Mistaken Internet Payment occurred and there are sufficient credit funds available in the account of the unintended recipient, the receiving financial institution may seek the consent of the unintended recipient to return the funds mistakenly paid. If the unintended recipient consents to the return of the funds, the receiving financial institution must return the funds to us and we will return the funds to you as soon as practicable;
(e) at any time and if both we and the receiving financial institution are satisfied that a Mistaken Internet Payment occurred but there are not sufficient credit funds available in the Account of the unintended recipient to the full value of the Mistaken Internet Payment, the receiving financial institution must use reasonable endeavours to retrieve the funds mistakenly paid from the unintended recipient for return to you (for example, by facilitating repayment of the funds by the unintended recipient by instalments); or
(f) at any time and we are not satisfied that a Mistaken Internet Payment occurred, we will not take any further action and you will be liable for all losses arising from the mistaken internet payment.
13.5 If you make a report to us that a Pay Someone payment (including an Osko payment) made from your Account to another account held with us was a Mistaken Internet Payment:
(a) within 10 Banking Business Days of making the payment, and there are sufficient credit funds available in the Account of the unintended recipient, and we are satisfied that a Mistaken Internet Payment occurred, then we will return the funds to you within 5 to 10 Banking Business Days of receiving your request;
(b) between 10 Banking Business Days and 7 months of making the payment, and there are sufficient credit funds available in the account of the unintended recipient and the Bank is satisfied that a Mistaken Internet Payment occurred, then we will prevent the unintended recipient from withdrawing the funds mistakenly paid for 10 Banking Business Days. We must notify the unintended recipient that we will withdraw funds in the amount of the Mistaken Internet Payment if the unintended recipient does not establish that they are entitled to the funds within 10 Banking Business Days. If the unintended recipient does not establish that they are entitled to the funds within 10 Banking Business Days, we will return the funds to you within a further 2 Banking Business Days;
(c) after 7 months of making the payment, and there are sufficient credit funds available in the account of the unintended recipient, and the Bank is satisfied that a Mistaken Internet Payment occurred, then we will seek the consent of the unintended recipient to return the funds mistakenly paid. If the unintended recipient consents to the return of funds, we will return the funds to you as soon as practicable;
(d) at any time and we are satisfied that a Mistaken Internet Payment occurred but there are not sufficient credit funds available in the Account of the unintended recipient to the full value of the Mistaken Internet Payment, we will use reasonable endeavours to retrieve the funds mistakenly paid from the unintended recipient for return to you (for example, by facilitating repayment of the funds by the unintended recipient by instalments); or
(e) at any time and we are not satisfied that a Mistaken Internet Payment occurred, we will not take any further action and you will be liable for all losses arising from the mistaken internet payment.
13.6 We will inform you of the outcome of a reported Mistaken Internet Payment or Misdirected Payment in writing within 30 Banking Business Days of the day on which the report is made.
13.7 You may not retrieve the full value of your payment if we or the receiving financial institution do not think that a Mistaken Internet Payment or Misdirected Payment has occurred (including because the payment you made was to an account that is held with a financial institution that is not a subscriber to the ePayments Code), the recipient cannot be identified by the receiving financial institution, or we or the receiving financial institution do not retrieve the full value of the Mistaken Internet Payment or Misdirected Payment from the unintended recipient.
13.8 If you have a complaint about how your Mistaken Internet Payment or Misdirected Payment report has been dealt with, you can make a complaint in accordance with clause (22) Dispute resolution.
13.9 It is possible that you may receive a Mistaken Internet Payment or Misdirected Payment into your Account. If this occurs, we may be required to recover these funds and return the funds to the sender. We will notify you in writing if we do so. While we may, in some circumstances, seek your consent to return the funds, we will not always do so.
13.10 In addition, there may be situations where you will need to prove your entitlement to the funds. If this occurs, we will notify you in writing of the steps you need to take to confirm your entitlement to the funds.
13.11 We will accept and investigate a report of an unauthorised transaction if it is received within 6 years from the day that you first become aware or should reasonably become aware of the unauthorised transaction.
14. International Transfers
14.1 You can use Online Banking Services to initiate an International Transfer. To do so you may need to be registered for and provide an SMS Code. After you make an International Transfer, you may receive a receipt notification via email from us confirming the details you provided through Online Banking Services and advising the receipt number. Online Banking Services allows you to instruct us not to send you this receipt.
14.2 When you make an International Transfer via Online Banking Services, you authorise us to process the transaction on your behalf and agree that:
(a) We will provide you with foreign exchange and payment services (including International Transfers) and we have appointed Convera to assist us in fulfilling certain of these services. The International Transfer is undertaken at your own risk and we accept no liability whatsoever for any delay, mistake or omission which may occur in its transmission, or misinterpretation when received, or failure to identify the Payee.
(b) You agree that when we provide International Transfer services to you, Other Banks will be involved. When we send International Payment Instructions to Other Banks and the Other Banks act on such request, the International Payment Instructions are final and cannot be changed or cancelled. The Other Banks use a network of correspondent, intermediary and/or third party beneficiaries around the world for the purposes of processing International Transfers. Other Banks may levy processing charges which vary between Other Banks and/or countries. These charges are deducted from the amount of your International Transfer which may result in the Payee receiving a lesser amount than transmitted by you. We may receive a commission from Convera to process your International Transfer.
(c) We will charge a fee for lodging your International Payment Instruction which may vary depending on whether the funds are issued in Australian Dollars or other foreign currency. Please refer to the Fees & Charges. If your International Payment Instruction is accepted, we will debit the value of the International Transfer and our fees to your Account in Australian dollars (converted at the online exchange rate advised by us at the time of confirmation).
14.3 In order to process your request for an International Transfer, we may disclose your personal information to a relevant third party including but not limited to an Other Bank and their network of correspondent, intermediary and/or third party beneficiaries overseas. We will only do so for the purposes set out in the International Transfer request.
14.4 If there is any inconsistency between the provisions of clause 14 and the remainder of these terms and conditions, clause 14 prevails to the extent of that inconsistency.
14.5 When you tell us to make an International Transfer, you:
(a) must give us the information specified in clause 14.7 or that we otherwise request;
(b) confirm that all details you have provided in connection with the International Transfer are true and correct; and
(c) authorise us to debit the Account that the International Transfer is being made from with the total payment and any fees and charges we impose.
14.6 To make International Transfers using Online Banking Services, you must first contact us to seek our approval, which is subject to our reasonable discretion. You may seek our approval by using Online Banking Services if you have registered for SMS Code Security, or by contacting us. If we give you our approval, we will specify a maximum aggregate amount of International Transfers you may instruct us to make on any Banking Business Day using Online Banking Services. Current information on these limits can be obtained by contacting us. International Transfers may require SMS Code Security.
14.7 The following information must be given by you to us to make an International Transfer:
(a) the destination country for your International Transfer;
(b) the BSB and the account number of the Account that you want to make the International Transfer from;
(c) the following details of the Payee’s account: the Payee’s full name; the Payee’s residential address; BSB/sort code/ABA or routing number/bank or branch code; swift code/BIC code; and account number (including any IBAN), and
(d) the currency and amount of the International Transfer, reason for the International Transfer and statement messages to accompany the International Transfer.
14.8 We will not be obliged to effect an International Transfer if the information you provide us under clause 14.7 is incomplete and/or inaccurate, there are insufficient cleared funds in the Account to be debited, or the International Transfer payment will cause you to exceed either your daily International Transfer payment limit or your Available Balance.
14.9 If you want to amend or recall an International Transfer that you have already submitted to us, please contact us. It is important to note that if your International Transfer request has been processed, the International Transfer cannot be recalled unless the Payee first authorises the Beneficiary Bank to facilitate the recall. Please note Bank fees and Beneficiary Bank fees may apply for sending a trace or recalling an International Payment.
14.10 To the extent permitted by law, we will not be liable for any loss or damage (including loss or damage arising due to variations in foreign exchange rates) directly or indirectly resulting from:
(a) delays caused by us where the delay is not within our reasonable control or caused by any other institution (including a Beneficiary Bank) making the International Transfer payment;
(b) any act or omission of any other institution (including a Beneficiary Bank; or
(c) the Bank or any other institution (including a Beneficiary Bank) acting on your instructions given through our Online Banking Services, except to the extent that the loss is cause by our fraud, negligence or wilful misconduct (including that of our officers, employees, contractors or agents).
14.11 Our maximum liability to you in relation to an International Transfer, including for any negligent act or omission of us, is the amount of the International Transfer.
14.12 We will complete a currency conversion prior to sending your International Transfer in overseas currency. The Beneficiary Bank may also complete a currency conversion. The conversion of the funds to a local or other currency at their country of destination is subject to the banking systems of the countries or other financial institutions through which the International Transfer payment is made and is therefore beyond our control. Where the Payee’s account is held in Australian currency, you agree that the Beneficiary Bank may re-convert the amount of the International Transfer to Australian dollars at the prevailing currency exchange rate at the time of receipt. If that happens, the Payee will receive less than the amount that you originally requested us to send.
14.13 The time taken for an International Transfer to reach the Payee’s account depends on the banking systems of the countries or Other Banks through which the International Transfer payment is routed and the provision of correct and complete Payee information. The time taken to process International Transfer payments to overseas destinations is beyond our control and as such we will not be liable for any loss or damage (including loss or damage arising due to variations in foreign exchange rates) directly or indirectly resulting from any delay incurred.
14.14 The Beneficiary Bank may charge a fee for making the International Transfer payment to the Payee. If the Beneficiary Bank charges a fee, it will deduct its fee from the amount of the International Transfer (so the Payee will receive a lesser amount than your original International Transfer request to us to remit). The amount of any fees imposed by the Beneficiary Bank will be at the discretion of that institution and is beyond our control. Such fees may vary between countries and/or Beneficiary Banks.
14.15 The International Transfer will be made to the Payee’s account number you provide using our Online Banking Service. The Beneficiary Bank may not check that the Payee’s name you provide matches the Payee’s account number you provide. It is therefore essential that you check that the Payee’s account number you provide is correct. Neither we nor any Other Bank is liable for any loss resulting from errors or defects in the details that you provide us, including errors in the Payee’s account number. You acknowledge that Other Banks, including overseas financial institutions may not have the same obligations and protocols as Australian financial institutions for resolving mistaken payments, meaning that if you make a mistake in providing a Payee’s account details, there is a higher risk that the mistaken payment may not be recovered.
WARNING: Before sending us an instruction for an International Transfer, you should check the details you have entered against the details you have for the Payee to ensure they are correct, in particular the Beneficiary Bank’s account number details. Please note that we will only rely on the bank account number and Beneficiary Bank details you provide. We do not rely on the bank account name. We do not check that the payment details are correct or that the account name matches the account number. If you provide us with incorrect or incomplete information, it may not be possible to recover any or all of the amount of the International Transfer from the incorrect recipient.
14.16 We may delay, block, freeze or refuse to make an International Transfer if we have reasonable grounds to believe that making the International Transfer may breach Australian laws or the laws of any other country. You will provide any additional information we reasonably require to comply with Australian laws or the laws of any other country. In order to make the International Transfer, your personal information or personal information relating to individuals named in your International Transfer may be used for the purposes of complying with applicable laws, including without limitation anti-money laundering and counter-terrorism laws and regulations.
14.17 To the extent permitted by law you agree to keep the Bank indemnified against any claims that may be made against the Bank arising from us acting on your instruction to make an International Transfer, except to the extent that the claim results from our fraud, negligence or wilful misconduct (including that of our officers, employees, contractors or agents).
15. BPAY
15.1 Security breaches
15.1.1 We will attempt to make sure that your BPAY payments are processed promptly by us and participants in BPAY, and you must tell us promptly if:
(a) you become aware of any delays or mistakes in processing your BPAY payment;
(b) you did not authorise a BPAY Payment that has been made from your Account; or
(c) you think that you have been fraudulently induced to make a BPAY payment.
15.1.2 If you think that the security of your Access Method has been compromised, you should notify us immediately and at any time by calling us.
15.1.3 If you believe an unauthorised BPAY Payment has been made, you should change your Access Code. If the security of an Access Method such as a card has been compromised, you should contact us to cancel the card immediately.
15.1.4 We will acknowledge your notification by giving you a reference number that verifies the date and time you contacted us.
15.2 Using BPAY
15.2.1 We are a member of BPAY. We will tell you if we are no longer a member of BPAY.
15.2.2 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.
15.2.3 Unless you are advised otherwise, you may use BPAY only to make payments from the Account.
15.2.4 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 (e.g. your Account number with the Biller), the amount to be paid and the Account from which the amount is to be paid.
15.2.5 You acknowledge that we are not required to effect a BPAY Payment if you do not give us all the information specified in clause 15.2.4 or if any of the information you give us is inaccurate.
15.2.6 You acknowledge that we may not always be able to make a payment from an Account. We shall advise you promptly if this is the case.
15.2.7 We will debit the value of each BPAY payment and any applicable fees to the Account from which the relevant BPAY payment is made.
15.2.8 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.
15.2.9 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.
15.2.10 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.
15.2.11 To set up a new BPAY Biller you will need to be registered for and provide a Security Password or SMS Code.
15.3 Processing of BPAY payments
15.3.1 A BPAY Payment instruction is irrevocable. Except for Scheduled Payments (addressed in clause 18) you cannot stop a BPAY Payment once you have instructed us to make it and we cannot reverse it.
15.3.2 We will treat your BPAY Payment instruction as valid if, when you give it to us, you use the correct Access Method.
15.3.3 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 15.3.7) when making a BPAY Payment or if you did not authorise a BPAY Payment that has been made from your Account.
15.3.4 Subject to clause 15.1 and subject to us processing your BPAY Payment instruction, a BPAY payment is treated as received by the Biller to whom it is directed:
(a) on the date you direct us to make it, if we receive your direction by the Cut Off Time of 2pm (Western Australia time) on a Banking Business Day; and
(b) otherwise, on the next Banking Business Day after you direct us to make it.
15.3.5 Notwithstanding this, a delay may occur processing a BPAY Payment if:
(a) there is a public or bank holiday on the day after you instruct us to make the BPAY Payment;
(b) you tell us to make a BPAY Payment on a day which is not a Banking Business Day or after the Cut Off Time on a Banking Business Day;
(c) a Biller, or another financial institution participating in BPAY, does not comply with its BPAY obligations; or
(d) there is a system malfunction.
15.3.6 If we are advised that your payment cannot be processed by a Biller, we will:
(a) advise you of this;
(b) credit your Account with the amount of the BPAY Payment; and
(c) take all reasonable steps to assist you in making the BPAY Payment as quickly as possible.
15.3.7 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:
(a) the amount you paid was greater than the amount you needed to pay, you must contact the Biller to obtain a refund of the excess; or
(b) 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.
15.4 BPAY transaction limits
15.4.1 The total amount of all BPAY transactions you make in one day from all Accounts may not exceed $10,000. You may request a higher transaction limit by using Online Banking Services if you have registered for SMS Code Security, or by contacting us. Approval of a higher transaction limit is at our sole discretion. We may vary the transaction limit from time to time and will advise you of such a change.
15.4.2 Where you request an increase in the BPAY transaction limit, that increase may increase your liability in the case of unauthorised transactions.
15.5 Refusing BPAY Payment directions
You acknowledge and agree that:
(a) we may, acting reasonably, 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) 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, except to the extent that the loss is caused by our fraud, negligence or wilful misconduct (including that of our officers, employees, contractors or agents).
15.6 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.
16. PayTo Services
16.1 About PayTo Services
You can use Online Banking Services to Confirm, Decline, Pause, Resume or Cancel Payment Agreements.
16.2 PayTo Services
- BCU Bank subscribes to the PayTo Services
- We will advise you if we are no longer a subscriber to the PayTo Services
16.2.1 PayTo allows you to establish and authorise Payment Agreements with Merchants or Payment Initiators who offer PayTo Services as a payment option.
16.3 Payment Limits
The amount of PayTo Service payment that may be permitted per day is $10,000 per member. Where accounts are jointly held this limit will applied on the Primary account owner only. If an increase to this limit is required the Primary account owner will need to request and agree to the increase.
16.4 Establishing a Payment Agreement
16.4.1 If you elect to establish a Payment Agreement with a Merchant of Payment Initiator that offers a PayTo Service, you will be required to provide the Merchant or Payment Initiator with your personal information.
(a) BSB number and account number; or
(b) your PayID.
You are responsible for ensuring the correctness of the Account and BSB numbers and/or the PayID that you provide for the purpose of establishing a Payment Agreement. Any personal information or data you provide to a Merchant or Payment Initiator will be subject to the privacy policy and the terms and conditions of the relevant Merchant or Payment Initiator.
16.4.2 Merchants and Payment Initiators are responsible for creating and submitting Payment Agreements. When a new Payment Agreement (or amendment to an existing Payment Agreement) is lodged by a Merchant or Payment Initiator, we will deliver a notification of the creation of the Payment Agreement to you by email, unless you have nominated SMS as your preferred communication method, and provide details of:
(a) the Merchant or Payment Initiator named in the Payment Agreement; and
(b) the payment amount and frequency (if provided).
These details are provided to seek your confirmation of the Payment Agreement.
You may confirm or decline any Payment Agreement presented to you for your confirmation via Internet Banking, calling our Contact Centre on 1300 228 228 or visiting any BCU Bank branch.
If you confirm the Payment Agreement, it will then be deemed to be effective.
If you decline the Payment Agreement, the Merchant or Payment Initiator will be advised by NPPAL.
16.4.3 We will process payment instructions (in connection with a Payment Agreement) received from the relevant Merchant or Payment Initiator's financial institution, only if you have confirmed the associated Payment Agreement. Payment instructions may be submitted to us for processing immediately after you have confirmed the Payment Agreement, and it is your responsibility to check that the details of the Payment Agreement are correct before you confirm them. We will not be liable to you, or any other party for any loss suffered as a result of us processing a payment instruction under a Payment Agreement that you have confirmed, except to the extent that the loss is caused by our fraud, negligence or wilful misconduct (including that of our officers, employees, contractors or agents).
16.4.4 If a Payment Agreement requires your confirmation within a timeframe stipulated by the relevant Merchant or Payment Initiator, and you do not provide us with your confirmation within that timeframe, then the Payment Agreement may be withdrawn by the relevant Merchant or Payment Initiator.
16.4.5 If you believe that the payment amount or frequency or any other detail in the relevant Payment is incorrect, then you can decline the Payment Agreement and contact the relevant Merchant or Payment Initiator and have them amend and then resubmit the Payment Agreement for confirmation.
16.5 You may instruct us to pause and later to resume your Payment Agreement by contacting us via Internet Banking, calling our Contact Centre on 1300 228 228 or visiting any BCU Bank branch.
16.5.1 We will act on your valid instructions to pause or resume your Payment Agreement promptly by updating the record of the Payment Agreement in the Mandate Management Service. The Mandate Management Service will notify the Merchant’s or Payment Initiator’s financial institution or payment processor of the pause or resumption of your Payment Agreement.
16.5.2 During the period the Payment Agreement is paused we will not process any payment instructions in connection with it.
16.5.3 Merchants and Payment Initiators may also pause and resume their Payment Agreements. If the Merchant or Payment Initiator pauses a Payment Agreement to which you are a party, we will deliver a notification of that, and any subsequent resumptions to you by email, unless you have nominated SMS as your preferred communication method. We are not liable to you, or any other party, for any loss or damage which you or that other party may suffer as a result of the pausing or resumption of a Payment Agreement by the Merchant or Payment Initiator, except to the extent that the loss is caused by our fraud, negligence or wilful misconduct (including that of our officers, employees, contractors or agents).
16.6 You may instruct us to cancel a Payment Agreement on your behalf via Internet Banking, calling our Contact Centre on 1300 228 228 or visiting any BCU Bank branch. We will act on your instruction promptly by updating the Payment Agreement in the Mandate Management Service. The Mandate Management Service will notify the Merchant’s or Payment Initiator’s financial institution or payment processor of the cancellation. You will be solely liable for any loss or damage that you or any other party may suffer as a result of our cancellation of a Payment Agreement between you and the relevant Merchant or Payment Initiator, except to the extent that the loss is caused by our fraud, negligence or wilful misconduct (including that of our officers, employees, contractors or agents).
16.6.1 Merchants and Payment Initiators may also cancel Payment Agreements. If a Merchant or Payment Initiator cancels a Payment Agreement to which you are a party, we will promptly notify you of that cancellation by email, unless you have nominated SMS as your preferred communication method. We are not liable to you, or any other party for any loss or damage which you or any other party may suffer as a result of the cancellation of your Payment Agreement by the Merchant or Payment Initiator, except to the extent that the loss is caused by our fraud, negligence or wilful misconduct (including that of our officers, employees, contractors or agents).
16.7 You must ensure that you carefully consider any Payment Agreement creation request, or amendment request made in respect of your Payment Agreement(s) or Migrated DDR Mandates and promptly respond to such requests.
16.7.1 You must promptly respond to any notification that you receive from us regarding any misuse, fraud, a security reason or any other inappropriate use with respect to a Payment Agreement or Migrated DDR Mandate including in relation to the pausing or cancellation of same.
16.7.2 You are responsible for ensuring that you comply with the terms of any Payment Agreement that you have with a Merchant or Payment Initiator, including any termination notice periods.
16.7.3 You are responsible for ensuring that you have sufficient funds in your Account to meet the requirements of all your Payment Agreements and Migrated DDR Mandates.
16.7.4 If you receive a Payment Agreement creation request or become aware of payment being processed from your Account that you are not expecting, or if you notice any other Account activity that appears suspicious or incorrect, you must report such activity to us immediately by calling our Contact Centre on 1300 228 228 or visiting any BCU Bank branch.
16.7.5 If you become aware of a payment being made from your Account, that is not permitted under the terms of a Payment Agreement and/or a Migrated DDR Mandate or that was not authorised by you, you must contact us immediately by calling our Contact Centre on 1300 228 228 or visiting any BCU Bank branch and submitting a claim. We will respond to all claims within 10 Banking Business Days and if the claim is founded, we will refund your Account. We will not be liable to you or any other party for any payment made that was in fact authorised by the terms of your Payment Agreement and/or Migrated DDR Mandate, except to the extent that the loss is caused by our fraud, negligence or wilful misconduct (including that of our officers, employees, contractors or agents).
16.7.6 From time to time you may receive a notification from us by email, unless you have nominated SMS as your preferred communication method, requiring you to confirm all of your Payment Agreements and/or Migrated DDR Mandates are accurate and up to date. You must promptly respond to any such notification. Failure to respond may result in us pausing the payment(s) or Migrated DDR Mandate/s.
16.7.7 If you use a smartphone to do you banking, we recommend that you allow notifications from the BCU Banking App to your smartphone to ensure that you’re able to receive and respond to Payment Agreement creation requests, amendment requests and other notifications in a timely way.
17. Access Method security
17.1 When using our Online Banking Services you should take all reasonable steps to protect the security of your mobile phone, tablet or computer hardware and software. For example, you should ensure that you do not leave your electronic device unlocked or unattended while you are logged on to Online Banking Services. You should also ensure that your electronic device is free of viruses.
17.2 Your Security Setting provides additional security where you engage in transactions that we consider may carry a higher element of risk. A Security Setting assists in protecting your transactions. All users must be registered for SMS Code Security when required by us.
17.3 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.
17.4 You must not keep a written record of your Access Methods on any article or articles that are liable to be lost or stolen simultaneously unless you have taken reasonable steps to disguise the Access Method or prevent unauthorised access to the record.
17.5 You must not select an Access Code, PIN or Security Password that represents your birth date or a recognisable part of your name. If you do use an obvious Access Code, PIN or Security Password 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, PIN or Security Password before you notify us that the Access Code, PIN or Security Password has been misused or become known to someone else.
17.6 You must not tell or show the Access Method to anyone else (including family and friends).
17.7 You must not act with extreme carelessness in failing to protect the security of the Access Method.
17.8 Access Method security guidelines
17.8.1 This clause 17.8 sets out guidelines you should follow to protect against unauthorised use of your Access Method. We recommend for your security that you protect your Access Method by doing the following:
(a) do not select an Access Code, PIN or Security Password that represents a name, date, telephone number or anything else that could be associated with you or that has an easily retrievable combination such as repeated numbers;
(b) use care to prevent anyone seeing the details you enter to access our Online Banking Services;
(c) do not access our Online Banking Services directly from a facility where the details may be more likely to be recorded, such as a computer at a hotel, library or internet café;
(d) change any Access Code, PIN and Security Password at regular intervals;
(e) never reveal any Access Method to anyone;
(f) never write any Access Method down on your card, any device used to access your Account or any document containing reference numbers for your Accounts or for our Online Banking Services; and
(g) notify us of any change of address.
17.8.2 The guidelines contained above are examples only of security measures and will not determine your liability for any losses resulting from unauthorised electronic transactions. Liability for such payments will be determined in accordance with clause 25 (Your Liability for use of Online Banking Services) of these terms and conditions and the ePayments Code.
17.9 Some companies (for example, certain credit providers and accounting software providers) may ask you to provide them with your Access Method in connection with their services. If you disclose your Access Method to another person, you may be liable for any transactions on your Account(s) made by that person using your Access Method or by any person to whom that person may disclose your Access Method. You should also be aware that some companies may disclose the personal information accessible through your Access Method to others (including overseas recipients).
17.10 If you think that the security of your Access Method has been compromised, you should notify us immediately and at any time by calling us. We will acknowledge your notification by giving you a reference number that verifies the date and time you contacted us.
18. Scheduled Payments
You may arrange Scheduled Payments (including BPAY Payments) through Online Banking Services at least 1 Banking Business Day before the date of the Scheduled Payment. If you use this option, you agree that:
(a) You are responsible for maintaining, in the Account to be drawn on, sufficient available funds to cover all Scheduled Payments (and any other drawings) on the day/s you have nominated for payment or, if the Account is a credit facility, there must be sufficient available credit for that purpose.
(b) If there are insufficient available funds or insufficient available credit, the Scheduled Payment will not be made, and you will be charged a dishonour fee which may be debited to your Account.
(c) You are responsible for checking your Account transaction details or Account statement to ensure the Scheduled Payments are made correctly.
(d) You should contact us or visit your nearest branch if there are any problems with your Scheduled Payments.
(e) You can edit or cancel a Scheduled Payment that you have arranged up to one Banking Business Day prior to the date for the Scheduled Payment. You cannot stop a Scheduled Payment on or after that date.
(f) If the date stipulated for a Scheduled Payment is not a Banking Business Day, we will make the Scheduled Payment on the next Banking Business Day. However, Pay Someone payments and transfers of funds between your own Accounts will occur on the day that you have scheduled the Scheduled Payment to occur, even where that day is not a Banking Business Day.
(g) When we have received instructions from you for more than one Scheduled Payment to occur from your Account on a single day, we may, acting reasonably, determine the order of priority in which those Scheduled Payments are made.
19. Fees and charges
19.1 For fees and charges applicable to the use of our Online Banking Services or the use or issue of an Access Method, please refer the governing your Account.
19.2 We will debit your Account with any fees and charges incurred for the use of our Online Banking Services or the use or issue of an Access Method together with any duties, taxes and charges which governments may impose on us or you for electronic transactions on your Account or the provision of any of the services. Government duties may include state-imposed taxes.
19.3 You are responsible for any fees and charges imposed by a telecommunications provider or carrier for accessing our Online Banking Services, including call costs, data costs and costs for accessing the internet, including if you access our Online Banking Services using a mobile device, whether our Online Banking Services are accessed within Australia or overseas. You should refer to your telecommunications provider or carrier for details of the fees and charges associated with accessing and downloading information from the internet.
20. Account statements
20.1 All transactions carried out via Online Banking Services will be recorded on the statement of account for your Account. Statements of account for your Accounts will be sent to you at least every six months (unless you have requested that statements be sent more frequently, or there has been no transaction on the Account during that period), in accordance with the terms and conditions applicable to those Accounts. You may request a statement of account at any time.
20.2 You should check all entries on statements for your Accounts and notify us promptly of any error or unauthorised transaction.
20.3 You may elect to receive statements for your Account electronically.
21. Steps you must take to resolve errors appearing on Account statements for transactions conducted via Online Banking Services
21.1 You should regularly check the statements and transaction receipts sent to you by us to identify any transactions which you may not have authorised. If you believe a transaction is wrong or unauthorised, or your Account statement or information provided through Online Banking Service contains any instances of unauthorised use or errors in respect of a transaction conducted through our Online Banking Services, you must immediately notify the Bank. As soon as you can, you must also give us the following information:
(a) your name, member number and Account type;
(b) the error or the transaction you are unsure about;
(c) an explanation, as clearly as you can, as to why you believe it is an unauthorised transaction or error, including whether security of your Access Method was breached, details of that breach, and whether you had recorded your Access Method or disclosed it to anyone else; and
(d) the dollar amount of the suspected error. We may request further relevant details from you.
21.2 If we are unable to settle your complaint to your satisfaction immediately, we will follow our internal dispute resolution procedure (refer to clause 22).
22. Dispute resolution
22.1 If you have a complaint about the service provided to you, a payment made using Online Banking Services (including an unauthorised transaction) or how we have dealt with a Mistaken Internet Payment or Misdirected Payment report, you can contact us to discuss your complaint.
22.2 If your dispute relates to an unauthorised transaction made using Online Banking Services, you will need to provide us with the information set out in clause 21 (Steps you must take to resolve errors appearing on Account statements for transactions conducted via Online Banking Services)
22.3 Within 21 days of receipt from you of the details of your complaint, we will:
(a) complete our investigation and advise you in writing of the results of our investigation; or
(b) advise you in writing that we require further time to complete our investigation.
22.4 The Bank will complete its 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.
22.5 If we find that an error was made (including errors that were not the subject of your complaint), we will make the appropriate adjustments to your Account including interest and charges (if any) and will advise you in writing of the amount of the adjustment.
22.6 When we complete our investigation, we will write to you to advise you of the outcome of its investigation and the reasons for that outcome with reference to these terms and conditions and the ePayments Code.
22.7 If your dispute relates to an unauthorised transaction and we decide that you are liable for all of any part of a loss arising out of the unauthorised transaction, we will:
(a) give you copies of any documents of other evidence it relied upon in coming to its decision; and
(b) advise you in writing whether or not there was any system malfunction at the time of the transaction.
22.8 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 of 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.
22.9 If you do not receive a satisfactory outcome from us, you have the right, at no cost to yourself, to contact our independent external dispute resolution scheme:
Name: Australian Financial Complaints Authority (AFCA)
Mail: GPO Box 3, Melbourne VIC 3001
Phone: 1800 931 678 (free call)
Email: info@afca.org.au
Website: afca.org.au
23. Denial of access to Online Banking Services
23.1 In order for us to protect our legitimate business interests and the interests of our members, we may suspend or terminate your use of Online Banking Services, without giving you notice, where we reasonably believe the access should be suspended or terminated, for example:
(a) where we believe that there is a risk of fraud or security breach;
(b) where you do not provide information or security details to us where requested;
(c) where you misuse an Access Method;
(d) where we are required to do so by a court order or by law;
(e) to comply with relevant laws, for example anti-money laundering and counter- terrorism financing laws;
(f) where you have not used Online Banking Services in a manner we reasonably determine to be satisfactory; or
(g) conduct that we consider:
- is unlawful or promotes or threatens unlawful activities;
- uses Online Banking Services in any way that may cause financial abuse, including inappropriate payment references containing crude, insulting, defamatory, discriminatory, harassing, or threatening messages;
- promotes violence, physical or mental harm of any person; or
- is coercive or controlling behaviour to limit a person’s access to or use of funds;
(h) for any other reason we reasonably consider appropriate.
23.2 In order for us to protect our legitimate business interests or the interests of our members, we may suspend or limit access to your Account using Online Banking Services at any time without notice, if you have not complied with our requirements for use of your Access Methods or we consider a security issue has arisen which requires investigation.
23.3 We will not be liable to you or any other person for any loss or damage which you or such other person may suffer as a result of such denial, except to the extent that the loss is caused by our fraud, negligence or wilful misconduct (including that of our officers, employees, contractors or agents).
24. What to do if your Access Method has been lost or is stolen
24.1 If you suspect that your Access Method has become known to someone else or there is any transaction on an Account that has not been authorised by you, you must immediately tell us and advise us of the relevant details. We will then cancel the Access Method and reset a new temporary Access Method for you.
24.2 It is important that you advise us of these details as soon as possible after you become aware of them as otherwise you may be liable for any loss arising from unauthorised transactions on your Account/s, except to the extent that the loss is caused by our fraud, negligence or wilful misconduct (including that of our officers, employees, contractors or agents).
24.3 If for any reason our telephone contact facility is unavailable and this prevents you from notifying us that you suspect your Access Method has become known to someone else, you will not be liable for any unauthorised transaction which could have been prevented during this period had you been able to notify us, provided we are notified within a reasonable time of our telephone number becoming available again.
25. Your liability for use of Online Banking Services
25.1 You are liable for all transactions carried out by you (including any authorised user), or by any other person using Online Banking Services to carry out a transaction with your knowledge and/or consent, regardless of when the transaction is processed to your Account.
25.2 You are not liable for losses caused by unauthorised electronic transactions:
(a) where it is clear that you have not contributed to the loss;
(b) that are caused by fraudulent or negligent conduct of
(i) employees or agents of the Bank, of any organisation involved in networking arrangements, or
(ii) any merchant or their employee or agent
(iii) for BPAY Payments, any organisation involved in the provision of BPAY or the Biller; or
(iv) for Osko Payments, any organisation involved in the provision of Osko.
(c) relating to an Access Method that is forged, faulty, expired, or cancelled;
(d) occurring before you have received your Access Method;
(e) as a result of a transaction being incorrectly debited more than once to the same Account; or
(f) performed after you have notified us in accordance with clause 24 that your Access Method has been misused, lost or stolen or used without your authorisation.
(g) that for a BPAY Payment, is caused by the same BPAY Payment being incorrectly debited more than once to your account.
25.3 You will be liable for any loss of funds arising from unauthorised transactions carried out via Online Banking Services 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 50% or more of the loss through:
(a) your fraud, or your failure to keep your Access Method in accordance with clauses 17.1 to 17.5; or
(b) 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.
25.3.2 However, you will not be liable for:
(a) the portion of the loss that exceeds any applicable daily or periodic transaction limits;
(b) the portion of the loss on your Account which exceeds the balance of your Account (including any prearranged credit); or
(c) all losses incurred on any Account which you had not agreed with us could be accessed using Online Banking Services.
25.3.3 Where an Access Code was required to perform the unauthorised transaction and clause 25 above does not apply, your liability for any loss of funds arising from an unauthorised electronic transaction, 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:
(a) $150;
(b) the balance of your Account, including any prearranged credit; or
(c) the actual loss at the time you notify us that your Access Method has been misused, lost, stolen or used without your authorisation (limited to any daily or periodic transaction limits applicable to the use of Online Banking Services or your Account).
25.4 BPAY Payment
In addition, for BPAY Payments:
25.4.1 If you are responsible for a mistaken BPAY Payment and we cannot recover the amount from the person who received it within 20 Banking Business Days of us attempting to do so, you will be liable for that payment.
25.4.2 If you notify us that 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.
25.5 Indemnity provided by you
You indemnify us against any loss or damage we may suffer 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 these terms and conditions or acted in our opinion negligently or fraudulently under this agreement, except to the extent that the loss is caused by our fraud, negligence or wilful misconduct (including that of our officers, employees, contractors or agents).
25.6 Limitation of your liability
Notwithstanding any of the above provisions your liability will not exceed your liability under the ePayment Code.
25.7 Malfunction or unavailability
25.7.1 While every effort is maintained to ensure that Online Banking Services are available on a 24 hours continuous basis circumstances such as the quality of telephone lines, hardware or software restrictions, connection limitations or the capacity of your internet service provider may not always make this possible. We will not be liable to you for any loss in connection with Online Banking Services not being available in these circumstances, except to the extent that the loss is caused by our fraud, negligence or wilful misconduct (including that of our officers, employees, contractors or agents).
25.7.2 If our Online Banking Services cannot be accessed, please contact us so that we can investigate the reason.
25.7.3 You will not be liable for any loss you suffer because our Online Banking Services accepted your instructions but failed to complete the transaction,except to the extent that the loss is caused by our fraud, negligence or wilful misconduct (including that of our officers, employees, contractors or agents). However, where you should have been aware that our Online Banking Services were unavailable for use or malfunctioning, we will not be liable for any loss other than to correct the error on your Account and to refund any charges or fees imposed on you as a result.
25.7.4 We will not be liable for any errors or damage caused to your computer or computing equipment as a result of using Online Banking Services, except to the extent that the loss is caused by our fraud, negligence or wilful misconduct (including that of our officers, employees, contractors or agents). You are responsible for ensuring that your computer, tablet and mobile phone are free from viruses, Trojan horses, worms and other harmful code, including ones transmitted through the internet.
25.7.5 Online Banking Services may from time to time be unavailable due to systems maintenance or circumstances out of our control. In these instances, it is your responsibility to use other means of banking.
25.8 Consequential damage
25.8.1 Clause 25.8.2 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 25.8.2 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.
25.8.2 We are not liable for any consequential loss or damage you suffer as a result of using Online Banking Services (including BPAY or Osko) other than loss due to our fraud, negligence or wilful misconduct (including that of our officers, employees, contractors or agents) 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.
26. Open Banking - Consumer Data Right
26.1 Open Banking provides a secure method by which you can provide consent via our Online Banking Services, to the sharing of your banking information with other parties such as other banks.
To share your data via Open Banking you must be registered for Online Banking Services and meet other eligibility requirements. Any request you make to share your data will not affect any other aspects of your online banking.
To find out more about Open Banking, please visit the website at bcu.com.au.
27. Changes to Terms and Conditions
27.1 We may change these terms and conditions from time to time, for one or more of the following reasons:
(a) to comply with any change or anticipated change in any relevant law, code of practice, guidance or general banking practice;
(b) to reflect any decision of a court, ombudsman or regulator;
(c) to reflect a change in our systems or procedures, including for security reasons;
(d) as a result of changed circumstances (including any addition of benefits or new features);
(e) to reflect a change in the operation of BPAY or Osko;
(f) to respond proportionately to changes to the cost of providing Online Banking Services; or
(g) to make them clearer; but will only do so in order to protect our legitimate business interests, and only to the extent required to do this.
27.2 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 changes to the terms and conditions will:
(a) increase or impose new charges relating to transactions conducted using Online Banking Services or the issue of a replacement or additional Access Method;
(b) increase your liability for losses; or
(c) impose, remove or adjust daily or periodic transfer limits on the amount or number of transactions which may be effected via Online Banking Services.
27.3 If you do not wish your daily or periodic transfer limit to be increased, you must notify us before the effective date of that change. If you access the increased transfer limit as set by us, you will be deemed to have consented to the increase.
27.4 Subject to relevant legislation, we will notify you of any other changes to these terms and conditions no later than the day the change takes effect by:
(a) notices on, or with, your Account Statement;
(b) notices in our branches; or
(c) press advertisements in national or local media, except where the change is adverse to you in which case we will notify you in writing at least 30 days before the change takes affect.
27.5 We are not obliged to give you advance notice if an immediate change to the terms and conditions is deemed necessary for security reasons.
27.6 BPAY and Osko are owned and operated by third parties. If the rules and regulations of BPAY or Osko 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 change these terms and conditions accordingly.
27.7 If you are unhappy with the changes we have made to these terms and conditions, you can cancel your access to Online Banking Services.
28. Cancellation of Online Banking Services access
28.1 You may cancel your access to Online Banking Services at any time by contacting us.
28.2 Your access to Online Banking Services will be terminated if:
(a) The last of your Accounts is closed, by you or by us;
(b) You cease to hold an Account with us
(c) You alter the authorities governing the use of Online Banking Services or your Account/s, without the prior written approval of the Bank; or
(d) We notify you that your Access Method has been cancelled in accordance with these terms and conditions.
28.3 We may immediately cancel or suspend your access to Online Banking Services without notice at any time for security reasons.
28.4 If, despite the cancellation of your access to Online Banking Services, you carry out a transaction using an Access Method, you will remain liable for that transaction.
28.5 We may cancel your access to Online Banking Services by providing you with 30 days prior notice in order to protect our legitimate business interests, except that access to Online Banking Services may be withdrawn without prior notice to you if we believe Online Banking Services, an Access Method or any Account is being used, or will be used, in a way that will cause loss to you or us.
29. Miscellaneous
29.1 You must promptly notify us of any change to your mobile phone number, name, address or electronic address for the issuing of Account statements and other communications to you.
29.2 We may issue Account statements and notices to you at your last notified postal address or electronic address.
29.3 We will advise you from time to time of any new functionality of Online Banking Services or methods of operation.
29.4 Any one of these terms and conditions which purports to exclude, limit or modify or has the effect of excluding, limiting or modifying our liability to you is subject to any non-excludable liability imposed on us by the Competition and Consumer Act 2010.
29.5 Because the internet is not a secure medium, we cannot guarantee that every transaction performed using Online Banking Services is completely secure. Where we have used a reasonable degree of encryption to secure your Account information, we will not be liable for that Account information being disclosed to a third party.
29.6 Only install approved applications on your Mobile Device, which has not overridden the software lockdown on your Mobile Device (commonly referred to as ‘jailbreak’ on your Apple device or ‘rooting’ on your Android device). We may reasonably exercise any rights available to us to suspend, cancel or deny access to Online Banking Services through Mobile Devices if the software lockdown has been overridden.