Product Schedule High Yield Cash Account

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1 Product Schedule High Yield Cash Account Dixon Advisory & Superannuation Services Pty Limited Page 1

2 Product Schedule AFSL No Date: 1/11/2009 This Product Schedule (Schedule) is current as at the above date. This Schedule refers to products provided by The Rock Building Society Limited ABN (The Rock) to the customers of Dixon Advisory & Superannuation Services Pty Limited ABN (Dixon) Product Schedule PART A This Schedule provides information about the Savings and Transactions Accounts which The Rock offers. This will help you make an informed decision on whether to open an Account with The Rock. The Schedule includes The Rock s: Product Summary (PART A) Terms and Conditions (PART B) Schedule of Transaction Fees (PART C) Please read all parts of the Schedule carefully. Always retain a copy of all parts of the Schedule for future reference. Account Opening Instructions You must complete an application form and provide The Rock with sufficient documentation to satisfy The Rock s identification requirements under the Anti-Money Laundering & Counter-Terrorism Financing Act 2006 (AML/CTF Act). A Savings Account will only be opened in the Account holder/s name/s. Written notice is required to alter the details of a Savings Account. When you open an Account you may have to quote your Tax File Number (TFN) to avoid having tax taken out of your interest payments. Product Summary The Rock offers the following Savings and Transaction Account products: High Yield Cash Account (HYCA) A summary is described below. Please read the product summary description carefully. HYCA is a statement account. The Rock will issue statements to you upon your request or six monthly. Page 2

3 Cash transactions are not permitted to this Account. No CashCard or cheque book is available. Direct entry, cheque deposits and withdrawals are accepted. Overseas transfers are not possible from this Account. Fee-Free Internet Banking (IBank) and Telephone Banking (RockDirect) are available including B-Pay. Please refer to Part B of the Schedule (Terms and Conditions) for details. Other than IBank or RockDirect, all other transactions must be authorised and processed via Dixon. No branch access or telephone access to The Rock is available. Fees and charges will apply to your Account as referred to in Part C of the Schedule (Schedule of Transaction Fees). Interest Your interest is calculated on the daily balance (tiered by PART balance) at the end of each day and credited to your Account monthly. Product Benefits No monthly account fees apply to this Account. The HYCA is a high interest yielding account offered exclusively to customers of Dixon Product Risks You are not permitted to overdraw your Account. However if for any reason you do overdraw your Account, a daily charge of 10% above the standard variable interest rate for home loans will apply to the debit balance. Tax Implications Interest earned on your Account must be declared for income tax purposes. Quotation of tax file numbers is not compulsory, but if you do not provide The Rock with your tax file number or exemption, The Rock will deduct tax from your interest earned at the highest personal income tax rate plus the Medicare levy. Account Closure The Rock will close an Account on your written request (signed by all Account holders). The Rock may also close the Account if: It is overdrawn without prior consent; it is dormant for more than seven years without a transaction; or the balance of the Account falls below the minimum balance requirements. Page 3

4 Cheque Deposits Cheques deposited to your Account/s will be credited conditional on the cheque being honoured by the paying institution. Amounts credited will be reversed if the cheque is not honoured. The standard clearance period for Australian cheque deposits is 3 business days. Cheque deposits made after 2pm are carried forward to the next business day from which the three day clearance period commences. Arrangements, for a fee, can be made for special clearance on any cheque deposit. All cheques for deposit can only be accepted if in the name of the Account holder, unless endorsement by the payee to the Account holder is evident on the reverse side of the cheque and there is satisfactory evidence of the identity of the endorser. A cheque will not be accepted if it is stale, i.e. the date of the cheque is more than 15 months ago. If a cheque deposited to your Account is dishonoured, any interest accrued on the deposit from the day the cheque was credited to your Account will be reversed by The Rock. Government Charges The Rock may debit your Account monthly for any Government charges incurred on your behalf. The Rock will notify you in writing of the introduction or variation of a Government charge payable directly or indirectly by you, unless it is published by a government agency or representative body. Privacy Please refer to Part B of the Schedule (Terms and Conditions) for further details. AML/CTF Act Please refer to Part B of the Schedule (Terms and Conditions) for further details. Complaints Please refer to Part B of the Schedule (Terms and Conditions) for further details. Schedule Information Information included in all parts of the Schedule may change from time to time. You may request without charge to receive an updated copy from Dixon or The Rock. Page 4

5 Product Schedule PART B INDEX 1. What these Terms and Conditions Cover 2. Electronic Funds Transfer - General 3. Interpretation 4. Daily Transaction Limits and Electronic Equipment 5. Security 6. Misused, Lost, Stolen Access Methods 7. Accounts and Statements 8. Account Charges 9. Liability for Unauthorised Transactions 10. Disputes with Others 11. Internet Banking (IBank) 12. Telephone Banking (RockDirect) 13. BPay Bill Payment Services 14. Variation of the Terms and Conditions relating to Transactions 15. Interest 16. Withdrawals 17. Fees and Charges 18. Complaint Handling and Dispute Resolution 19. Time Limits for Disputes involving Transactions 20. Privacy Statement 21. AML/CTF Page 5

6 1. What These Terms and Conditions Cover 1.1 The Rock Building Society Limited ABN ( The Rock ) provides a High Yield Cash Account (HYCA). You can access your money through one or more of the following methods:- (a) IBank internet banking services; (b) RockDirect telephone banking service (c) Contacting Dixon. Account Type Description- S18 HYCA 1.2 These terms and conditions cover the operation of a number of optional services available to you including, but not limited to:- (a) IBank; (b) RockDirect; (c) BPay; (d) periodical payments; (e) transactions (as defined in Clause 3). 1.3 Usage of any of these services by you constitutes acceptance of these terms and conditions. Liability on any joint account shall be joint and several. 1.4 Failure by The Rock to exercise any of its rights under these terms and conditions shall not be deemed to be a waiver of such rights. 1.5 Subject to clause 1.6, The Rock may in its absolute discretion change, amend, vary, alter or modify the terms and conditions in any way whatsoever. The Rock will provide you with any notice required by law in relation to such change. 1.6 The terms and conditions are consistent with the provision of the Electronic Funds Transfer (EFT) Code of Conduct and The Rock warrants that the requirements of the EFT will be complied with. 1.7 It is imperative that all users read this Schedule carefully and retain it for future reference. 1.8 A reference in this Schedule to the singular includes the plural and visa versa. Page 6

7 2. Electronic Funds Transfer - General 2.1 The Rock has adopted the Revised EFT Code which is applicable to the following services:- (a) RockDirect (b) IBank (c) BPay 2.2 The EFT Code of Conduct applies to your account and all transactions. 2.3 We have printed in bold type the terms and conditions that refer to your liabilities and users responsibilities. 2.4 Any of these terms and conditions which cancel, limit or modify The Rock s liability to you do so only to the maximum extent permissible by law. 2.5 These terms and conditions do not affect or limit those of your rights which cannot be excluded or modified under legislation applying to your Account. 3. Interpretation 3.1 access method - a method authorised by us for use by a user, which we accept as authority for us to act on an instruction given by the user through electronic equipment to debit or credit an EFT account. It also comprises the use of one or more components including devices, identifiers, code, access code or PIN or a combination of these, but excludes a method where the comparison of the appearance of a manual signature is the principal means of authenticating the authority to give an instruction. 3.2 Account - means the HYCA maintained by The Rock which belongs to an identifiable Account holder and for which The Rock permits a user to initiate a transaction from or to using an access method through electronic equipment (notwithstanding that there may be a delay between the use of the access method and the debiting or crediting of the account). 3.3 Account holder - the person(s) whose name the Account has been opened in and if more than one then those persons are jointly and severally responsible for the Account. Page 7

8 3.4 AML/CTF The Anti-Money Laundering and Counter-Terrorism Financing Act BPay Scheme or BPay - the electronic payments scheme through which a user may instruct The Rock to make payments (BPay payments) on your behalf to organisations (Billers) who have advised that you can make payments to them through this scheme. The Rock is a member of the BPay scheme. The Rock will tell you if it ceases to be a member of this Scheme. (See clause 13 for special conditions applying to the BPay Scheme.) 3.6 Biller - an organisation which issues bills to you, which users can pay through the BPay Scheme. 3.7 BPay Payments - payments users instruct The Rock to make to Billers through the BPay Scheme. 3.8 business day - a day that is not:- (a) a Saturday or a Sunday; (b) a public holiday, special holiday or bank holiday in the place in which any relevant act is to be done or may be done. 3.9 business hours 8.30am to 5.00pm on a business day code means information: (a) the content of which is known to the user and is intended to be known only to the user or only to the user and The Rock; (b) which The Rock requires the user to keep secret; and (c) which the user must provide (in any manner which The Rock approves) to or through electronic equipment in order to access an Account communication network - the communication network through which The Rock makes a service available to you from time to time electronic equipment - includes electronic terminal, computer, television and telephone Third Party access a service for the purposes of which either or both of the following apply:- (a) the user must provide one or more codes to a service provided to enable the service provider or another person to access your Account on the user s behalf; or (b) the user must record or store one or more codes in a manner required by the service provider to facilitate the user, the Page 8

9 (c) service provider to facilitate the user, the service provider or another person acting on behalf of the user to access your Account using that code/s. the user must provide (in any manner which we approve) to or through a device or electronic equipment in order to access an EFT account transaction - means a debit or credit either from or to your Account and which is initiated by the giving of an instruction through electronic equipment using an access method transfer means transfer of funds that a user instruct The Rock to make to any other accounts maintained with The Rock, or any account with another financial institution user - includes you and any person authorised by you to perform transactions or transfers on your Account you and your - the Accountholder. 4. Daily transaction Limits and Electronic Equipment Transaction or Transfer: Nil or a limit nominated by you. Note: All transaction or transfer limits, refer to the amount that is allowed to be withdrawn from a single Account per day. 4.1 The hours during which any electronic equipment will be available for use may be varied from time to time by the Rock without individual notice to you. 4.2 The Rock undertakes to make all reasonable efforts to ensure that the electronic equipment operates during hours it is usually open but The Rock is not liable to you if the electronic equipment does not accept instructions from you or any other user or, if you or any other user s access method does not activate the electronic equipment. 4.3 The Rock will take all reasonable steps to ensure that the information it makes available through electronic equipment is correct and updated regularly at the intervals specified by the Rock from time to time. 4.4 If you have difficulty using electronic equipment please contact The Rock at:- Business hours: (07) Outside business hours: Page 9

10 4.5 If you or any other user is aware at the time of use that the electronic equipment is not functioning correctly, The Rock s liability to you is limited to correcting any wrong entry in your Account and the refund of any charges and fees debited to your Account(s) as a result of the wrong entry. 4.6 You do not lose any protection that The Rock gives you under these terms and conditions when you or any other user uses access methods in electronic equipment that is not owned by The Rock. 4.7 Merchants and other institutions may impose additional restrictions on the use of an access method. 5. Security 5.1 General Matters (a) Since access methods comprise the keys to your Account, you must ensure that all users take reasonable care to ensure that access methods and any record of access methods are not misused, lost or stolen. (b) At your request, The Rock may issue an access method to any user. Any such request must be in writing. (c) It is important to remember that you may attract liability under these terms and conditions not only for your own actions or omissions, but also those of any other user. (d) These terms and conditions govern the use of any access method issued by The Rock on your Account to you or to any other user. 5.2 RockDirect and IBank (a) Users will be provided with an access method via telephone after registering for these services. (b) It remains the responsibility of RockDirect and IBank users to change their access method immediately after receiving their initial access method. (c) IBank users must ensure that their access method or any code forming their access method is not saved when prompted by the computer s operating system, web browser or any other system or application. (d) RockDirect and IBank users must ensure that:-- Page 10

11 (i) their access method is kept secret and users must not give their access method to anyone; (ii) they take all reasonable steps to prevent anyone from watching them enter their access method; and (iii) they retain a record of their receipt after each transaction is completed. 6. Misused, Lost, Stolen Access Methods 6.1 A user shall notify The Rock as soon as possible upon the loss or theft of an access method which gives access to RockDirect or IBank or upon learning of any unauthorised transaction(s) upon an Account. 6.2 Affected IBank and RockDirect users should contact The Rock at: - Business hours: (07) Outside business hours: However you will be liable for the unauthorised transactions, which occur on your Account if it can be shown that you or any user unreasonably delayed telling The Rock of the loss, theft or misuse of the access method. 7. Accounts and Statements 7.1 You or any user can obtain the balance in your Account by contacting Dixon. You can also access balance and transaction details via IBank ( or RockDirect ( ). 7.2 The Rock will give you statements at least every six months for your Account. You can request statements to be sent more frequently by contacting Dixon or The Rock on (07) during business hours. This will incur additional fees & charges. Please refer to Part C of the Schedule (Schedule of Transaction Fees). 7.3 You and all other users should retain all transaction records issued by the electronic equipment to enable you to verify transactions. As soon as you receive your statement you should check it against your transaction records for accuracy. 7.4 The date which appears on the transaction record may vary from the date which appears on your statement. This is due to the fact that transactions completed on non-business days and after cut- Page 11

12 off time on Bank business days (typically late afternoon) may be held over to be processed on the next business day. 8. Account Charges 8.1 The Rock may debit your Account with all government taxes, duties or charges which may be imposed from time to time on your access method or on transactions through electronic equipment. 8.2 If and so far as the law allows, we may charge you for:- (a) the issue, renewal and replacement of an access method; and (b) transactions resulting from the use of an access method. 8.3 If at any time there are insufficient funds in your Account The Rock is authorised to debit any Account you have with The Rock. 9. Liability for Unauthorised Transactions 9.1 Definition of an unauthorised transaction: (a) An authorised transaction is one which is not authorised by a user. The term does not apply to any transaction with a user s knowledge and consent. You are liable under these terms and conditions for the acts or omission of all users to the account. 9.2 Direct Debit Payment Services (called provider ) (eg. PayPal and similar payment direct debit payment services) (a) You are liable for any dealing on your Account carried out by a provider of these services when you or any user has given the provider electronic authorisation to debit your Account. (b) Dealings resulting from unauthorised use of your Account through the provider after you have given the provider electronic authorisation to debit your Account, will be your responsibility and The Rock will bear no liability for any loss you incur. (c) Upon receiving a request from you, The Rock will attempt to retrieve any unauthorised dealings. However, unsuccessful, your dispute will reside with the provider and not The Rock. Page 12

13 9.3 You have no liability for: (a) losses that are caused by the fraudulent or negligent conduct of employees or agents of The Rock; (b) losses relating to any component of an access method that are forged, faulty, expired or cancelled; (c) losses that arise from transactions which require the use of a code forming of the user s access method and that occurred before the user has received any such code (including a reissued code). In any dispute about receipt of a code it is presumed that the code was not received by the user unless The Rock can prove otherwise; or (d) losses that are caused by the same transaction being incorrectly debited more than once to the same Account. (e) you have no liability for losses resulting from unauthorised transactions occurring after notification to The Rock that an access method that has been misused, lost or stolen or that the security of any code forming part of the access method has been breached; (f) you have no liability for losses resulting from unauthorised transactions where it is clear that the user has not contributed to such losses. 9.4 Circumstances where you are liable:- (a) Where sub-clauses 9.3, 9.4 and 9.5 do not apply, you are liable for losses resulting from unauthorised transactions only as provided in paragraphs 9.6 (a)(i), 9.6 (a)(ii) and 9.6(a)(iii); (i) Where The Rock can prove on the balance of probability that the use contributed to the losses through the user s fraud or the user s contravention of the requirements in sub-clause 9.6(b), you are liable for the actual losses which occur before The Rock is notified that an access method has been misused, lost or stolen or that the security of any code forming part of the access method has been breached, but are not liable for any of the following amounts: a. that portion of the losses incurred on any one day which exceed the applicable daily transaction limit(s); Page 13

14 b. that portion of the losses incurred in a period which exceeds any other periodic transaction limit(s) applicable to that period; c. that portion of the total losses incurred on any Account which exceeds the balance of that Account; d. all losses incurred on any Accounts which The Rock and you had not agreed could be accessed using the access method. Where an access method includes more than one code and The Rock proves that the user contravened the requirements of subclause 9.6(b) by voluntarily disclosing or by keeping a record of one or more codes but not all the codes in the access method, you are liable under this paragraph only if the Rock also proves on the balance of probability that the user s contravention of sub-clause 9.6(b) was the dominant contributing cause of the losses. (ii) Where The Rock can prove on the balance of probability that a user has contributed to losses resulting from unauthorised transactions by the user unreasonably delaying notification after becoming aware of the misuse, loss or theft of an access method or that the security of codes forming part of the access method has been breached then you are liable for the actual losses which occur between when the user became aware (or should reasonably have become aware in the case of a lost or stolen access method) and when The Rock was actually notified, but are not liable for any of the following amounts:- a. that portion of the losses incurred on any one day which exceed the applicable daily transaction limit(s); b. that portion of the losses incurred in a period which exceeds any other periodic transaction limit(s) applicable to that period; c. that portion of the total losses incurred on any Account which exceeds the balance of that Account; d. all losses incurred on any Account which The Rock and you had not agreed could be accessed using the access method. Page 14

15 (iii) Where a code formed an access method or part of an access method and was required to perform the unauthorised transactions and neither paragraphs 9.6(a)(i) nor 9.6 (a)(ii) applies, you are liable for the lesser of:- a. $150.00; or b. the balance of those Accounts (including prearranged credit) from which value was transferred in the unauthorised transactions and which The Rock and you have agreed may be access using the access method; or c. the actual loss at the time The Rock is notified (where relevant) that the access method has been misused, lost or stolen or that the security of any code forming part of the access method has been breached (excluding that portion of the losses incurred on any one day which exceed the applicable daily transaction limit or other periodic transaction limit). In determining whether The Rock has proved on the balance of probability that a user has contributed to losses under paragraph 9.6(a)(i) all reasonable evidence must be considered, including all reasonable explanations for the transaction occurring. The fact that an Account has been accessed with the correct access method, while significant, will not of itself constitute proof on the balance of probability that the user has contributed to losses through the user s fraud or through the user contravening the requirements in subclause 9.6(b). In determining whether a user has unreasonably delayed notification under paragraph 9.6(a)(ii), the effect on the user of any charges imposed by The Rock relating to the notification or the replacement of the access method must be taken into account. (b) Where an access method utilises a code(s), a user contravenes the requirement of this sub-clause if:- (i) the user voluntarily discloses one of more of the codes to anyone, including a family member or friend; or Page 15

16 (ii) the user keeps a record of one or more of the codes (without making any reasonable attempts to protect the security of the code records) on the one article or on several articles so that they are liable to loss or theft simultaneously; or (iii) The Rock permits the user to select or change a code and immediately before the user s selection or change of the code specifically instructs the user not to select a numeric code which represents the user s birth date or an alphabetical code which is a recognisable part of the user s name and warns the user of consequences of such a selection and the user selects such a numeric or alphabetical code; or (iv) the user acts with extreme carelessness in failing to protect the security of all the codes. Where paragraph 9.6(b0(iii) applies, the onus will be on The Rock to prove on the balance of probabilities that it gave the specific instruction and warning to the user at the time specified and in a manner designed to focus the user s attention specifically on the instruction and consequences of breaching it. The user means the actual user, taking into account the capacity of the user to understand the warning. (c) (d) (i) Where The Rock expressly authorises particular conduct by a user (either generally or subject to condition), the engaging in that conduct by the user (within any applicable conditions) is not a contravention of the requirements of sub-clause 9.6(b). (ii) Where The Rock expressly or by implication promotes, endorses or authorises the use of a Third Party access by a user (including by hosting a Third Party access at The Rock s electronic address) no disclosure, recording or storage of a code by a user that is required or recommended for the purposes of using that Third Party access is a contravention of the requirements of subclause 9.6(b). (i) For the purposes of this clause a reasonable attempt to protect the security of a code record includes either or both of:- Page 16

17 a. making any reasonable attempt to disguise the code(s) within the record; or b. taking reasonable steps to prevent unauthorised access to the code record. (ii) Your liability for losses will be determined under the EFT code. 9.5 Discretion to Reduce Liability (a) Where you allege that a transaction is unauthorised and we have not placed a reasonable daily or periodic transaction limit, either ourselves or an external dispute resolution body may decide to reduce your liability having regard to:- (i) whether the security and reliability of the means used by The Rock to verify that the relevant transaction was authorised by the user adequately protected you from losses in the absence of reasonably daily or other periodic transaction limit protection. (b) If the unauthorised transaction was a transfer that involved drawing on a line of credit accessible by the access method (including drawing on repayments made to a loan account), whether at the time of making the line of credit accessible by the access method, The Rock had taken reasonable steps to warn you of the risk of the access method being used to make unauthorised transactions on that line of credit. 10. Disputes With Others 10.1 The Rock is not liable if any retailer refuses to accept an access method for use Third Party access Unless required by law, The Rock is not responsible for the goods and services a retailer supplies to the user. If the user has any disputes, they must be resolved with the retailer. The Rock is also not responsible for complaints with respect to the goods and services a retailer supplies to the user with respect to incorrect charging The user must ensure that the correct amount is entered in the electronic equipment before the user authorises the transaction. The user must take up with the retailer, disputes over what you believe to be incorrect charging. Page 17

18 11. IBank 11.1 To use IBank you will need to register for IBank with The Rock. When you register for IBank you will be issued with a code as your access method. Your code will apply to both IBank and RockDirect Any person who supplies The Rock with the correct access method will be allowed access to IBank and to all Accounts entitled to be accessed by IBank within that access method It is the user s responsibility to protect the user s access method to ensure that no one else can access your Account. For security reasons the user should not write down the access method in an undisguised form or keep it with your Account information. The user should not disclose the access method to third parties (including family members). The user should change the access method regularly to ensure that it is secure (this can be done through IBank). Should the user become aware of the loss, theft or possible unauthorised use of the user s access method the user should immediately change the access method using IBank, and contact The Rock In applying the daily limit for external transfers (which is a transfer from your Account at The Rock to an account at another financial institution), a day runs from midnight to midnight If the user wishes to make transfers from the user s Rock account to an account with another financial institution (external transfers), the user will first need to advise The Rock of the user s preferred maximum daily amount for such transactions from that Account. Until the user advises The Rock of the user s required daily limit for an Account, it will be set at $Nil, effectively preventing external transfers An external transfer will not be processed if the amount is such that it would result (having regard to any previous external transfers that day) in the daily external transfer limit being exceeded Where external transfer instructions are received to The Rock prior to 3:00pm EST on a Business Banking Day the funds should reach the external account on the following Business Banking Day Instructions received after 3:00pm AEST on a Business Banking Day will result in the funds not reaching the external account until the Business Banking Day after the next Business Banking Day. Page 18

19 11.9 The Rock will not be liable for any delay in processing external transfers caused by the financial institution to which the external transfer is directed, or other external parties such as telecommunications or network switching providers It is the user s responsibility to ensure that the correct BSB code and account number is entered for any external transfers. Whilst The Rock will make every effort to recover funds that are sent to an incorrect account or financial institution as a result of the user keying in incorrect details, The Rock will not accept responsibility for any loss that may arise Instructions for account transfers or BPay Payments will not be performed unless there are sufficient cleared funds available in the Account from which you want to make the payment An instruction given by the user using IBank will be enacted upon receipt, and cannot be stopped once acted upon The Rock is not liable for any loss or consequential damage if you use IBank to access your Account or to perform transactions on your Account The Rock is not liable for any unauthorised access to Account information or transactions processed using IBank prior to the user notifying The Rock of the loss, theft or possible unauthorised use of the user s access method Whilst every effort will be made to ensure that IBank service is available 24 hours a day, there may be occasions when the service will not be available due to system maintenance, system failure or problems with the communication network beyond The Rock s control. The Rock will not be liable for any delay in acting on instructions received from the user if the delay results from system maintenance, system failure, problems with the communication network or other circumstances beyond The Rock s control. 12. RockDirect 12.1 To use RockDirect you will need to register with The Rock. When you register for RockDirect you will be issued with your access method. Your access method will apply to both RockDirect and IBank Any person who supplies The Rock with the correct access method will be allowed access to RockDirect and to all Accounts entitled to be accessed by RockDirect within that access method. Page 19

20 12.3 RockDirect will not allow a transfer from an Account requiring two or more signatures to transact It is the user s responsibility to protect user s access method to ensure that no one else can access your Account. For security reasons the user should not write down the access method in an undisguised form, or keep it with your Account information. The user should not disclose the access method to third parties (including family members). The user should change the access method on a regular basis to ensure that it is secure (this can be done over the phone using RockDirect). Should the user become aware of the loss, theft or possible unauthorised use of the user s access method the user should immediately change the access method using RockDirect, and contact The Rock RockDirect can only be used for an internal transfer (ie a transfer from you Account at The rock to another account at The Rock) or BPay Payment An instruction given by the user via RockDirect will be acted upon on receipt, and cannot be stopped once acted upon Instructions for an internal transfer or BPay Payment will not be performed unless there are sufficient cleared funds available in the Account from which the user wants to make the payment The Rock is not liable for any loss or consequential damage if you use RockDirect to access your Account or to perform an internal transfer or BPay Payment on you Account The Rock is not liable for any unauthorised access to Account information or internal transfers or BPay Payments processed using RockDirect prior to the user notifying The Rock of the loss, theft or possible unauthorised use of the user s access method Whilst every effort will be made to ensure that RockDirect is available 24 hours a day, there may be occasions that the service will not be available due to system maintenance, system failure or problems with the communication network beyond The Rock s control. The Rock will not be liable for any delay in acting on instructions received from a user if the delay results from system maintenance, system failure or problems with the communication network beyond The Rock s control. Page 20

21 13. BPay Bill Payment Services 13.1 What is the BPay Scheme? The Rock is a Payer Institution in the BPay scheme. The BPay scheme is an electronic payments scheme through which you can ask The Rock to make payments on your behalf to organisations (Billers) who tell you that you can make payments to them through the BPay scheme (BPay Payments). The Rock will tell you if it is no longer a Member of the BPay scheme You can recognise bills you may pay through the scheme as they display the BPay logo and Biller Reference details The information you must give The Rock to instruct The Rock to make a BPay payment is:- (a) Biller Code; (b) Biller Customer Reference Number; (c) amount you want to pay; and (d) the Account from which you want The Rock to make the payment The Rock will then debit the Account you specify with the amount of that BPay payment You acknowledge that The Rock shall not be obliged to affect a BPay payment if you do not give us all of the above information, if any of the information you give us is inaccurate, or if there are insufficient cleared funds in the Account to be debited BPay payments may be made from your Account You must comply with the terms and conditions applying to the Account to which you request The Rock to debit a BPay Payment to the extent that those Account terms and conditions are not inconsistent with, or overridden by these BPay terms and conditions. The terms and conditions applying to BPay are in addition to those terms You can initiate BPay payments by any of the following methods:- (a) IBank ( (b) RockDirect ( ); (c) Request Dixon to initiate the BPay Payment; or (d) By providing written instructions to The Rock bearing your signature (as previously provided to The Rock). Page 21

22 13.9 You can process a one-off BPay Payment to a Biller or you can set up a regular periodic BPay Payment for a specified amount One-off BPay Payments can be processed on the current date, or you can specify a future processing date. BPay Payments cannot be backdated You acknowledge that the receipt by a Biller of a mistaken or erroneous BPay Payment does not under any circumstances constitute part or whole satisfaction of any underlying debt owed between you and that biller Payment Instructions (a) The Rock will not accept an order to stop a BPay payment once you have instructed The Rock to make that BPay payment. (b) You should notify The Rock immediately if you become aware that you may have made a mistake when instructing The Rock to make a BPay Payment, or if you did not authorise a BPay Payment that has been made from your Account. (c) You must be careful to ensure that you tell The Rock the correct amount you wish pay. If you instruct The Rock to make a BPay Payment and later discover that:- (i) the amount you advised was greater than the amount you needed to pay, you must contact the Biller to obtain a refund of the excess; or (ii) the amount you advised was less than the amount you needed to pay, you can make another BPay Payment for the difference between the amount actually paid to the Biller and the amount you needed to pay If The Rock is advised that your BPay Payment cannot be processed by a Biller The Rock 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 When The Rock receives instructions for more than one BPay Payment from an Account, The Rock may determine the order of priority in which the BPay Payments are made The user must ensure that the Account from which a BPay Payment is to be drawn has sufficient funds to enable the Page 22

23 transaction to be performed by The Rock. If the user sets up future dated BPay Payments, it is the user s responsibility to ensure there are sufficient available funds in the Account on the specified payment date Timing of Payments (a) The BPay scheme defines a Banking Business Day as any day on which banks in Melbourne or Sydney are able to effect settlement through the reserve Bank of Australia. The Rock s BPay Payment cut-off time is 4.30pm AEST on any Banking Business Day. If The Rock receives your BPay Payment instruction before the cut-off time it will, in most cases, be treated as having been made on the same day. However, the BPay Payment may take longer to be credited to a biller if The Rock receives your instruction on a non-banking Business Day or, if another participant in the BPay Scheme does not process a BPay Payment as soon as they receive its details. (b) Subject to paragraph 13.16(a) above, Billers who participate in the BPay Scheme have agreed that a BPay Payment you make will be treated as received by the Biller to whom it is directed:- (i) on the date you make that BPay Payment, if you tell The Rock to make the BPay Payment before The Rock s BPay Payment cut-off time on a Banking Business Day; or (ii) on the next Banking Business Day, if you tell The Rock to make a BPay Payment after The Rock s BPay Payment cut-off time on a Banking Business Day, or on a non- Banking Business Day. (c) A delay might occur in the processing of a BPay Payment where:- (i) there is a non-banking Business Day on the day after you tell The Rock to make a BPay Payment (ii) you tell The Rock to make a BPAY payment either on a day which is not a Banking Business Day, or after the BPay Payment cut-off time on a Business Banking Day; (iii) another financial institution participating in the BPay scheme does not comply with its obligations under the BPay scheme; or (iv) a Biller fails to comply with its obligations under the BPay Scheme. Page 23

24 (d) While it is expected that any delay in processing under this agreement for any reason set out in paragraph 13.16(c) will not continue for more than one Banking Business Day, any such delay may continue for a longer period Transaction Authorisation (a) You should check your Account record carefully, and promptly report to The Rock as soon as you become aware of any BPay Payments that you think are errors or are BPay Payments that a user did not authorise, or you think were made by someone else without your permission The Rock will treat any instruction to make a BPay Payment as valid in the following circumstances:- (a) where The Rock receives written instructions from you bearing your signature (as previously provided to us); (b) instructions received via RockDirect where the correct access method has been entered; or (c) instructions received via IBank where the correct access method is entered; or (d) where The Rock receives instructions on your behalf from Dixon A USER MUST NOT DISCLOSE YOUR ACCESS PASSWORD TO ANYONE. A user must tell The Rock immediately if the user believes that any unauthorised person is using the user s access method to initiate transactions on the Account A user must take care to protect the confidentiality of the user s access method, because anyone who knows it may be able to make transactions on your Accounts The Rock recommends that the first time that a user use s the BPay Scheme the code forming the access method is changed to something that the user can remember easily. Refrain from using passwords such as a birth date or any other type of number or letters which can be easily guessed by anyone else To protect the user s access method the user should:- (a) memorise the access method; (b) not divulge the access method to family or friends; (c) not keep a record of the access method with any documents detailing your Account information (including statements, etc). Page 24

25 13.23 Acceptance of these terms and conditions means that you acknowledge that The Rock is entitled to allow access to RockDirect and IBank to any person providing your access method or the access method of any user Liability For Mistakes and Unauthorised Transactions (a) The Rock will attempt to ensure that your BPay Payments are processed promptly by the participants in the BPay Scheme, including those billers to whom your BPay Payments are to be made. You must tell The Rock promptly if:- (i) you become aware of any delays or mistakes in processing your BPay Payments; (ii) a user did not authorise a BPay Payment that has been made from your Account; or (iii) you think you have been fraudulently induced to make a BPay Payment. (b) The Rock will attempt to rectify any such matters in relation to your BPay Payments in the way described in paragraphs 13.24(e) to 13.24(j). However, The Rock will not be liable for any loss or damage you suffer as a result of using the BPay Scheme. (c) The Rock may suspend your right to participate in the BPay Scheme at any time if you or someone acting on your behalf is suspected of fraudulent activity. (d) When you instruct The Rock to make a BPay Payment for the first time, whether by written instructions, via Dixon, RockDirect or IBank, you agree to and are bound by these terms and conditions. (e) If a BPay Payment is made to a person or for an amount which is not in accordance with the user s instructions (if any), and your Account was debited for the amount of that BPay Payment, we will credit that amount to your Account. However, if a user made a mistake resulting in that BPay Payment and The Rock cannot recover within 20 Banking Business Days of attempting to do so, the amount of that payment from the person who received it, then you are liable for that BPay Payment. (f) If a BPay Payment is made in accordance with a payment direction which appeared to The Rock to be from a user, but for which the user did not give authority, The Rock will credit your Account with the amount of that unauthorised BPay Payment. Page 25

26 However, you must pay The Rock the amount of that unauthorised payment if:- (i) The Rock cannot recover within 20 Business Banking Days of us attempting to do so that amount from the person who received it; and (ii) the BPay Payment was made as a result of a payment direction which did not comply with The Rock s prescribed security procedures for such payment directions. (g) If a BPay Payment is induced by the fraud of a person involved in the BPay scheme, then that person should refund you the amount of the fraud-induced BPay Payment. However, if the person does not refund you the amount of the fraud-induced BPay Payment, you must bear the loss unless some other person involved in the BPay Scheme knew of the fraud or should have detected it with reasonable diligence, in which case that person must refund you the amount of the fraud-induced BPay Payment. (h) If a BPay Payment you have made falls within the type described in paragraphs 13.24(f) and 13.24(g), then The Rock will apply the principles stated in paragraph 13.24(f). (i) If you tell The Rock that a BPay Payment made from your Account is not authorised by a user, you must first give The Rock your written consent addressed to the Biller who received the BPay Payment, consenting to The Rock obtaining from the Biller information about your account with that Biller or that BPay Payment, including your customer reference number and such information as The Rock reasonably requires to investigate the BPay Payment. The Rock is not obliged to investigate or rectify any BPay Payment if you do not give The Rock this consent. (j) The Rock is not liable for any consequential loss or damage you suffer as a result of using the BPay Scheme, other than due to any loss or damage you suffer due to The Rock s negligence or any breach of a condition or warranty implied by law in contracts for the supply of goods and services and which may not be excluded, restricted or modified at all or only to a limited extent. (k) The Rock excludes all liability for any loss you suffer because RockDirect or IBank are not available, including but not limited to systems malfunction or failure of telephone lines, telephones, telephone exchanges and/or electronic equipment. Page 26

27 (l) The Rock is not liable to you for delays or errors in the execution of any transaction or instruction due to the failure or malfunction of any aspect of the communication network, or any circumstance beyond The Rock s reasonable control. 14. Variation of the Terms and Conditions relating to transactions 14.1 The Rock reserves the right at any time to vary or modify the terms and conditions relating to transactions. You may request an updated copy at any time by contacting Dixon or The Rock Where a variation or modification of the terms and conditions relating to transactions would have the effect of:- (a) imposing or increasing charges for the issue of an access method for RockDirect or IBank; or (b) increasing your liability for unauthorised transactions (subject to the liability limits established elsewhere in these terms and conditions), The Rock will give written notification to you and allow a period of notice of at least twenty (20) days before any variation or modification take effect The Rock will advise other variations or modifications to the terms and conditions relating to transactions by:- (a) written notice (either separately or with Account statements); (b) notice by press advertisement. Where The Rock relies upon (b) above, subsequent written confirmation shall be provided to you The Rock will give advance notice of any variation or modification of the terms and conditions relating to transactions when such change is necessary to restore or maintain the security of The Rock s systems or individual Accounts. (a) Proof of posting of a written advice to your address as recorded with The Rock notifying of a variation or modification of the terms and conditions relating to transactions shall be prima facie proof that you have been notified at the time that the notice would have been delivered in the ordinary course of the post. A user s first use of an access method after the date on which the variation takes effect shall constitute acceptance of such variation. Page 27

28 15. Interest 15.1 Interest is calculated based on the daily credit or debit balance at the end of each day and is posted to your Account at the end of each month Interest rates applicable to your Accounts are determined from time to time by The Rock s Board of Directors. 16. Withdrawals 16.1 You can access the money in your Account through one or more of the following methods:- (a) IBank; (b) RockDirect; (c) Periodical payments; (d) BPay; (e) contact Dixon; (f) transactions which are debits from your Account Withdrawal requests will only be processed by The Rock if there are sufficient cleared funds available in your Account There is usually a delay of up to three working days for cheques deposited before 2pm to your account to be cleared as available funds. This is to give The Rock time to ensure that those cheques will be honoured by the Bank on which they are drawn. (a) Over the counter cash withdrawals are NOT available from your Account. 17. Fees and Charges 17.1 Fees and charges apply to the operation of your Account and may be varied by The Rock by providing you 30 days calendar notice. A Schedule of Transaction Fees (Part C of your Product Schedule) is available from Dixon, The Rocks website or by contacting The Rock:- 102 Bolsover Street, Rockhampton Phone: (07) Fax: (07) rock@therock.com.au Page 28

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