ONLINE SERVICES TERMS AND CONDITIONS S E P T E M B E R

Transcription

1 ONLINE SERVICES TERMS AND CONDITIONS S E P T E M B E R

2 This document sets out the terms and conditions ( Terms and Conditions ) that govern the use of the DDH Graham Limited ( DDH, we or us ) Online Services, accessible through the DDH website at ( Site ). These Terms and Conditions must be read in conjunction with the terms and conditions governing the account ( Account ) held by a client ( Account Holder or you ) with us, fees and charges and any other relevant Product Information Booklets. Together, all these documents will form the complete Terms and Conditions or Product Disclosure Statement for the DDH products you use, including your Account. How do these Terms and Conditions affect you? You confirm that you have read and agree to these Terms and Conditions. You will ensure that each person you authorise to access or operate your Account (referred to Online Service Users, as described below) abides by these Terms and Conditions. You must pass on these Terms and Conditions to each of those persons. Please contact DDH if you require further copies of these Terms and Conditions. You, the Account holder, are responsible for the actions of all Online Services Users (as described below). Need to know more? You can contact us as follows if you would like further information, or a copy of any other Terms and Conditions, Product Information Brochures or Product Disclosure Statements: DDH Graham Limited General Enquiries: Phone: (07) (8.00am 5.30pm Mon-Fri AEST) [email protected] If calling outside Australia Business address: Level Queen Street Brisbane QLD 4000 Postal Address: GPO Box 330 Brisbane QLD 4001 Money Market Division: Phone: (07) or (8.00am 5.00pm Mon-Fri AEST) Fax: (07) [email protected] ONLINE SERVICES TERMS AND CONDITIONS PAGE 2 OF 8

3 Funds Management: Phone: (07) (8.00am 5.30pm Mon-Fri AEST) Fax: (07) Features and Benefits The following Online Services are available for some of the accounts we offer: Account balance enquiry Transaction history enquiry Download transaction details and export those details Transfer of funds between your Account and nominated external bank accounts ( Nominated Accounts ) Regular payment enquiry (regular savings plans and periodical payments) Statement view reprint Confirmation of your Account contact details Define that more than one person must authorise transactions to Nominated Accounts Send secure messages to us Link multiple Accounts for viewing under a single login Payments upload facility Change your secure password Registration for Online Services You must register in order to access Online Services. You can register for Online Services in your Application Form or at a later date by completing an Online Services Registration Form and returning the completed form to us by mail, by fax or by attachment using the contact details above. Your Online Services registration provides us with details such as the Accounts that will linked to Online Services, how many people are required to authorise transactions to Nominated Accounts and other requests (e.g. requests for information). The information provided in your Online Services registration will override any contrary instructions that have been provided in relation to other access methods for your Accounts (e.g. how many people are required to sign cheques or withdrawal forms). Unless you have indicated otherwise in your Online Services registration, we will consider that the default setting applies, being that any one signatory to the Account may authorise transactions. You must nominate an address, which we may use to provide you with notifications, alerts and messages. You should notify us in writing immediately if your address changes. ONLINE SERVICES TERMS AND CONDITIONS PAGE 3 OF 8

4 Types of Online Services Users There are three types of people who can access accounts through Online Services (all referred to as Online Services Users in these Terms and Conditions): An account holder with authority to operate his/her Account individually; An Authorised Signatory, who has been granted third party access to operate the Account on behalf of the account holder (including a person acting under a power of attorney, stockbroker or financial adviser); and A Delegated Third Party, who has been granted access to the Account by the account holder for the purpose of obtaining information only (including a self managed superannuation administrator or managed portfolio services provider under a limited power of attorney). Authorised Signatories and Delegated Third Parties The following rules apply when you provide Online Services access to your Account to third party Online Services Users (Authorised Signatories and Delegated Third Parties): You must register any Authorised Signatory or Delegated Third Party for Online Services on the initial Account Application Form you complete, or by subsequently completing the required third party access registration form; Any Authorised Signatory who has been granted access to operate your Account will have access to the full Online Services as if that person was the holder of the Account; Each Authorised Signatory or Delegated Third Party who is granted Online Services access to your Account will be issued with their own login details (user name and password); You are liable for any fees or charges incurred by each Authorised Signatory and Delegated Third Party ; and You must notify DDH in writing if you intend to cancel any Authorised Signatory or Delegated Third Party access to your Account. We will cancel the corresponding third party access within 2 business days of receipt of your cancellation request. You will be responsible for all actions of the Authorised Signatory or Delegated Third Party until your cancellation request has been processed. Transactions processed via Online Services Some of our accounts allow you to transfer funds from your Account to a Nominated Account. Where this feature exists, the following applies: Withdrawals initiated by you from your Account can only be credited to Nominated Accounts; Withdrawals initiated by your Authorised Signatory may be transferred to your Nominated Accounts or to any third party account; Your standard daily withdrawal limit for each of your Accounts is $10, You may apply for a temporary or permanent increase to this daily limit by applying to DDH and accepting the terms and conditions of the increased withdrawal limit; ONLINE SERVICES TERMS AND CONDITIONS PAGE 4 OF 8

5 Your Authorised Signatory has a standard daily withdrawal limit of $100, per Account. This daily limit may be increased at the discretion of your Authorised Signatory by them contacting DDH and requesting an increase to process a withdrawal transaction on your behalf; Once you have entered online instructions, they cannot be stopped. You are responsible for ensuring that you transfer the correct amount of money to the correct account; We will act on instructions only in accordance with these Terms and Conditions and any specific terms and conditions governing your Account; When we have instructions for more than one payment from your Account, we will determine the order of priority in which payments are made; Transactions will only be processed on business days for requests correctly entered and authorised prior to 3.30pm; If we have processed your instructions and are then notified by the receiving institution that the funds cannot be deposited into the account you have nominated, we will return the funds, less any fees incurred, to the account from which the funds were transferred; and Online instructions will not be processed if: o All necessary information is not provided; o There are insufficient funds available in your Account from which the funds are to be transferred; o The amount of the transfer exceeds the maximum online transfer amount or daily limit; o There is a restriction recorded against the Account that prevents the funds transfer; or o We are restricted or prohibited by law, regulation, the requirement of a government or similar authority (including the Reserve Bank of Australia) or industry code from permitting the transfer to occur. Termination and Suspension Our agreement to provide you, the Account Holder, Online Services commences on the date we accept your Online Services registration (including a request for access to Online Services in your Account Application Form) and continues until it is terminated in accordance with these Terms and Conditions. We can terminate your access to Online Services if no User has successfully logged into Online Services for a period of 90 days or your Account has been closed. You can terminate your Online Services access, or the access granted to any Authorised Signatory or Delegated Third Party by notifying us in writing. Your Authorised Signatory or Delegated Third Party may terminate their own access at any time by notifying us in writing. We can suspend your access to Online Services if: We believe that use of Online Services may cause loss to you, DDH or any underlying product issuer; We believe that the quality or security of Online Services is inadequate; We are required to do so by law or court order; If we consider your use of Online Services to be inappropriate; We are otherwise obliged to discontinue the provision of Online Services; or ONLINE SERVICES TERMS AND CONDITIONS PAGE 5 OF 8

6 You, your agent or someone acting under your direction, is suspected of being involved in fraudulent activity in dealing with us. Risks You acknowledge and agree that: All access to, and use of, the Site and the Online Services is at your own risk; Once a transaction has been confirmed through Online Services, it cannot be stopped; You, the Account Holder, are liable for all actions (including any debts incurred on your Account) by any Authorised Signatory or Delegated Third Party; and There is a risk of unauthorised transactions occurring on your Account because of computer or human error or fraud. You must ensure that your login details are always kept secure to avoid, so far as possible, unauthorised access to any Account. Warranties We do not warrant: That the Online Services provided via the Site will be available at all times, will be uninterrupted or error-free; or The quality, accuracy or fitness of the Online Services for any particular purpose. Protecting your Online Services access details The security of your login details (user name and password) is important as anyone who has them may be able to operate your Accounts. You must make every effort to ensure that your login details are not misused, lost or stolen. Protecting your Password When you change your password, we suggest you choose a password that can be remembered without the need to record it. You must avoid using any number or word that may be linked to you by other persons such as your date of birth or any other alphabetical code which is a recognisable part of your name. What to do if you think that your security has been compromised Tell us immediately You must tell us immediately if you have lost your login, forgotten your password or suspect that unauthorised transactions have been carried out on your Account. You will need to give us all relevant information so that we can suspend access to any Account linked to Online Services until replacement codes are issued. You are liable for all losses resulting from ONLINE SERVICES TERMS AND CONDITIONS PAGE 6 OF 8

7 transactions that are carried out by any person with your knowledge or authority or using your login details. Liability for unauthorised transactions When are you NOT liable? You will not be liable for losses that you incur or suffer as a result of: The fraudulent or negligent conduct of our staff or agents or companies involved in networking arrangements; Forged, faulty, expired or cancelled components of Online Services (e.g. a cancelled password); The same account being incorrectly debited more that once (duplicated payment); or A transaction by an Online Services User that is processed more than 2 business days after we receive your request to suspend or cancel the Online Services access granted to that Online Services User. When ARE you liable? You will be liable for any unauthorised transaction that is processed as a result of: Fraud; Faulty equipment, or an equipment malfunction for equipment belonging to Online Services Users; The voluntary disclosure of your login details to anyone, including family or friends; Your selecting a password representing your date of birth, name or any numeric or alphabet code that is a recognisable part of your name; or Your failure to protect your login details. Indemnity To the extent permitted by law, you, the Account holder, will indemnify us and keep us indemnified against all claims, losses, damages, costs and expenses (including reasonable expenses as between solicitor and client) that we may suffer or incur as a result of or in connection with any claim, demand or action of any kind brought against us because you or anyone acting with your authority acted negligently or fraudulently or breached these Terms and Conditions. Limitation of our liability We are not liable for: Any loss, expense or damage arising out of the inaccuracy of instructions given by any Online Services User; Any losses caused by the failure of our system or equipment to accept any Online Services User s instructions; For the unavailability or loss of access to Online Services under any circumstances; The refusal of any receiving institution to accept the electronic transaction. ONLINE SERVICES TERMS AND CONDITIONS PAGE 7 OF 8

8 Changes to these Terms and Conditions We may change our Online Services, fees and charges as well as amend these Terms and Conditions from time to time. We will tell you of changes to these Terms and Conditions in accordance with the law and any code to which we subscribe. We will display any changes on the Site and notify you by advising you there has been a change to these Terms and Conditions on login to the Site: Introduce a new fee or charge; Increase your liability for losses relating to Online Services; or Impose, remove or adjust transaction limits which apply to the use of an access method, Account or electronic equipment. Privacy We will collect, use and disclose all personal information required in connection with the Online Services in accordance with all applicable laws as well as our Privacy Policy, available at You will inform any other User who has access to Online Services for your Account that we have collected their personal information in connection with the Online Services and that the collection, use and disclosure of their personal information will be in accordance with all applicable laws as well as our Privacy Policy. ONLINE SERVICES TERMS AND CONDITIONS PAGE 8 OF 8