International Payment Terms and Conditions Effective March

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1 Effective March What you need to know about these terms and conditions These International Payment Terms and Conditions apply to your International Payments made using the Electronic Banking Services. These terms and conditions are to be read with the Electronic Banking Conditions of Use and the General Terms and Conditions. If a particular term in those other terms and conditions is not consistent with a term in these terms and conditions, these terms and conditions will apply for all International Payments made using an Electronic Banking Service. 2. A glossary of the terms we use Any capitalised terms which are not defined in this document are defined in the Electronic Banking Conditions of Use or the General Terms and Conditions: Correspondent means another bank or agent used by us to make an International Payment directly or indirectly to a payee and includes any intermediary correspondent and/or beneficiary bank. International Payment means an Electronic Payment of a foreign currency or of New Zealand dollars to a payee with an overseas bank account. International Business Day means, in relation to an International Payment, a Business Day which is also a day on which payments can be made in the payment centre of the currency of the International Payment. Request Date means the date you submit a request for an International Payment. Process Date means the date your International Payment is processed by ANZ. 3. What terms apply to International Payments Your eligibility to make an International Payment To make an International Payment using an Electronic Banking Service, you must be at least 18 years old (unless we agree otherwise). We may require the use of Online Code to authorise certain International Payments. How we use Correspondents to make International Payments For all International Payments you hereby appoint us as your agent to send your International Payment instruction to a Correspondent to make a payment in another country. You hereby authorise us to appoint a Correspondent as your agent to process your International Payment instruction in accordance with your payment authority granted under these terms and conditions. You acknowledge that you do not rely on our skill or judgement in appointing a Correspondent for the purpose of giving effect to your instructions. We may terminate the use of a Correspondent to process an International Payment on our behalf. Should we terminate a Correspondent, we may not be able to process an instruction on your behalf. We will contact you immediately should we not be able to process your International Payment. You acknowledge and agree that should this occur, we will not be held liable for any loss or damage incurred by you and/or the payee as a result of our inability to process your International Payment due to our termination of a Correspondent. More than one Correspondent may be used to make a payment in another country. You acknowledge and agree that we will not be liable for any loss or damage incurred by you and/or the payee as a result of any delay in, or failure of processing your instructions by a Correspondent. What terms apply when dealing in a foreign currency? You acknowledge and agree that your ability to send an International Payment in a particular currency is subject always to the availability to us of that currency and any limit imposed by us. You should note that certain currencies may be subject to fluctuating currency exchange rates, may not be freely convertible and/or may lack a published conversion rate. An International Payment may be subject to legal and regulatory, and other policy, requirements and restrictions and may be affected by wider political and economic instability, disruption events or government intervention, any of which may change from time to time. 1

2 4. How to make International Payments How we act on instructions We will only process and act on your International Payment instruction using an Electronic Banking Service if your instruction is received in accordance with the relevant requirements specified by us from time to time. Your International Payment instruction must include the correct account name and number and branch details (including branch number, if applicable) of the payee and payee bank. You acknowledge that if you do not provide some or all of the information requested, we may be unable to process the instruction. You will not initiate or send an International Payment instruction that is subject to a condition. Without affecting our rights under the Electronic Banking Conditions of Use or the General Terms and Conditions, you agree that we may refuse at any time to process or act on an International Payment instruction, if we have a good reason to do so, including: the instruction has not been received prior to the relevant processing cut-off time; the instruction includes incorrect, incomplete, unclear or inconsistent details; the instruction appears to be unauthorised, not authentic or in breach of any relevant security measure; the instruction appears to be in breach of any applicable law, sanction or requirement of any competent authority; or where there are insufficient funds in your account to act on your instruction. We will, subject to the extent permitted by law, notify you as soon as practicable if it cannot process or act on your instruction. You declare and undertake to us that all International Payments processed by us in accordance with any instruction submitted by you using an Electronic Banking Service, will not breach any law, sanction or requirement of any competent authority and you will not make or allow to be made any International Payment for any illegal or fraudulent purpose. You acknowledge that it is your responsibility and not our responsibility to review or check the identity, correctness or accuracy of the details or amounts contained in your International Payment instructions. We may require confirmation from you before acting on your instructions. We will not be liable for any loss or damage arising from a delay while obtaining confirmation from you. How and when we will process your International Payments You may submit your request for an International Payment using an Electronic Banking Service at any time. We aim to process your International Payment instruction on the same Business Day, provided the instruction has been received prior to the relevant cut-off time. We will not process your International Payment instruction on a non-business Day. International Payments should be available for payment to the payee s account within two International Business Days of the Process Date. You acknowledge and agree the payment of an International Payment into a payee s account is the responsibility of the Correspondent and outside our control. We will not be liable for any loss or damage if an International Payment is delayed and we have acted in good faith on your instructions. Where an International Payment is not available for payment to the payee within two International Business Days of the Process Date, you may request us to generate, on your behalf, an enquiry into the delay. Where the delay is not caused by us, you indemnify us for all or any costs or expenses incurred by us as a result of generating, carrying out and completing such enquiry. Where you request an International Payment in a currency other than the currency of your selected payment account, we will convert those funds into the payment currency at the exchange rate quoted and agreed with us at the time when your request for an International Payment is submitted using an Electronic Banking Service. You acknowledge, agree and hereby authorise us to debit your selected account the amount of the International Payment on the Request Date (even if a non-business Day). You acknowledge and agree a Correspondent may at any time convert an International Payment to its own preferred currency before effecting the payment. In the event that an International Payment cannot be applied by a Correspondent, the Correspondent will either request additional information or return the International Payment to us, less any fees. Where additional information is requested, we will attempt to contact you to obtain the required information. An International Payment may be returned by a Correspondent for varying reasons including where the Correspondent does not maintain the account name in English characters. You may contact us to request that an International Payment be recalled or cancelled. We will use all reasonable endeavours to recall or cancel an International Payment but will not be responsible if it has already been processed or there is not enough time to act on your request. 2

3 In some limited circumstances, we may not be able to stop or cancel an International Payment. You acknowledge that if you request us to stop or cancel an instruction for an International Payment, we will not return the funds to you until they are received in full by us from the Correspondent and we have received confirmation that the International Payment is unpaid. If the funds have not been sent by us to the Correspondent, the funds will be available to you on the same day that you made the request to stop or cancel the relevant International Payment. If you requested the funds to be withdrawn from an account, the funds will be returned to this account. Where local exchange control regulations exist in the payee s country there may be an additional delay in the return of funds. You can claim a refund of only the original currency dollar value of the International Payment at the time of the refund. You acknowledge and agree that, where an International Payment is returned to us in a currency other than the currency of your nominated account, we will convert the returned International Payment at our current exchange rate, applicable on the day the returned International Payment is processed. Due to exchange rate movements, the amount credited to your nominated account in respect of a returned International Payment may be less or more than the amount debited from your account when it was originally made. Where you request us to stop or cancel an International Payment, we will charge you fees in accordance with these terms and conditions. The fees are applicable regardless of whether or not we are successful in stopping or cancelling the International Payment. You acknowledge that Correspondents may also charge a fee and that this will be deducted from the returned funds. You agree to indemnify us for any loss or damage incurred as a result of us agreeing to stop or cancel an International Payment or where a Correspondent returns your International Payment, which includes any loss or damage resulting from any foreign exchange movement between and including the date of the original conversion of your funds and the date you are notified by us of the return of the International Payment. 5. General information about these terms and conditions, and the services we provide you We can charge you fees relating to International Payments See our Service Charges brochure or anz.co.nz for the fees and charges that apply to International Payments. A Correspondent may also charge commissions, fees or charges in making an International Payment to a payee s account. We have no control over such commissions, fees or charges. Where more than one Correspondent is used to make a payment in another country they may each separately charge commissions, fees or charges in respect of the same International Payment. You acknowledge and agree such commissions, fees and or charges may be: for the account of the beneficiary : all fees and charges (our fees and any Correspondent fees and charges) are paid by the payee and deducted from the funds paid to the payee s account by you, so that the payee will receive less than the value amount specified in your instruction; or for my / our account : all fees and charges are paid by you to us in accordance with the fee structure determined by us from time to time in addition to and separate from the funds paid to the payee; or shared : our fees (and local charges) are paid by you in addition to and separate from the funds paid to the payee and any Correspondent fees and charges applicable to the currency of your International Payment will be paid by the payee and deducted by the Correspondent from the funds paid to the payee s account by you, so that the payee will receive less than the value amount specified in your instruction. You acknowledge and agree where we provide you with the option to elect how commissions, fees and charges are to be paid, we may not be able to implement such election on all occasions. We may receive a commission from a Correspondent for the Bank s role in processing an International Payment instruction. We can suspend or cancel the services we provide We may at any time suspend or cancel your ability to request International Payments using an Electronic Banking Service without giving you notice. We can changes these terms and conditions We can change or upgrade any International Payment service. We can also change these terms and conditions or our fees at any time. We will let you know what is happening at least 14 days before we make any changes in any one of the following ways: writing to you, sending you an or a fax or calling you by telephone posting messages in the Electronic Banking Services putting up information in our branches or on our website advertising the changes, for example in newspapers, or on radio or television. 3

4 Our responsibilities If you are using any of the following electronic banking services, please see our Electronic Banking Conditions of Use (available at anz.co.nz) for specific information about those Electronic Banking Services, including when we will reimburse you, when we will not reimburse you, and your responsibility for unauthorised use of our Electronic Banking Services: ANZ Internet Banking ANZ Mobile Phone Banking (which includes using a mobile device for either ANZ gomoney, ANZ M-Banking and ANZ Txt Banking) ANZ Phone Banking (which includes use of a touchtone phone (landline or mobile)). Otherwise, to the extent permitted by law, we will not be liable for any loss or damage arising in connection with any International Payment using an Electronic Banking Service. Notwithstanding the above, we will not in any circumstances be liable for any indirect or consequential loss or damage, including: any loss of profit, data, goodwill or business; any interruption to business; any failure to realise anticipated savings; or any consequential, indirect, special, punitive or incidental losses, costs or damages. To the extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise are excluded. Hypertext Links which we provide within Internet Banking to other internet resources are not investigated or monitored by us. Accordingly, the content, timeliness, opinions and Hypertext Links found on internet resources to which we provide Hypertext Links are also not investigated or monitored by us. Your responsibilities To the extent permitted by law, you agree to indemnify and hold us harmless for any loss or damage suffered by us or our customers or a third party, and for any claim or action which may be brought against us by a customer or third party arising in connection with any International Payments using an Electronic Banking Service. Your Personal Information Our privacy statement is in the General Terms and Conditions. You agree that the statement applies to any information you give us when requesting an International Payment. You can ask for a copy of the General Terms and Conditions at any of our branches or view it at anz.co.nz. What to do if there is a problem Tell us immediately if either of the following apply: you think there is an error in respect of any International Payment you have any questions or complaints. You will need to give us the following information: your name your account number any details you can about the suspected mistake, or the nature of your question, including the amount of money involved. We may ask for more information from you to help us in our enquiries. We will make every effort to answer your questions or resolve your complaints quickly and fairly. Where we find that an error occurred, we will promptly correct the error (to the extent possible) and reimburse any interest or fees we may have charged you as a result of the error. We will correct any errors that have been made on your statement. Please call our Customer Service Team on or talk to a staff member at any branch if you don t think your enquiry has been properly dealt with. 4

5 When terms in these terms and conditions may be invalid If a New Zealand Court decides that any of the terms in these terms and conditions are unlawful, we will remove the term(s) in question and the remaining terms will be enforceable. We reserve our right to exercise our rights Even if we do not immediately exercise a right we have under these conditions of use, we can still exercise that right in future. No waiver will be effective unless it is in writing. A waiver of a breach will not waive any other breach. New Zealand Law applies to these terms and conditions These terms and conditions and the contract between you and us in connection with any International Payments are governed by New Zealand law and the New Zealand courts have jurisdiction. The Consumer Guarantees Act 1993 will apply if you are a consumer Unless you re using the Electronic Banking Services for the purpose of a business, the guarantees given to consumers under the Consumer Guarantees Act 1993 will apply. Our Helpdesk is available for you For assistance or general inquiries please visit a branch or call us on or (if you are overseas. You will need to cover the cost of the call). ANZ Bank New Zealand Limited 5 ANZ /15