Bendigo Credit Card. Terms & Conditions. 12 July

Transcription

1 Bendigo Credit Card. Terms & Conditions. 12 July

2 Bendigo and Adelaide Bank Limited The Bendigo Centre Bendigo VIC 3550 Telephone 1300 BENDIGO ( ) ABN AFSL/Australian Credit Licence Bendigo Credit Card Terms of Use The issuer of the products described in this document is Bendigo and Adelaide Bank Limited, ABN AFSL No ABN Bendigo and Adelaide Bank Limited has appointed Community Sector Banking Pty Ltd ( Community Sector Banking ) as its Authorised Representative to advise and deal in relation to these products. Community Sector Banking is a Franchisee of Bendigo and Adelaide Bank Limited and a wholly owned subsidiary of Community Sector Enterprises Pty Ltd ABN Community Sector Enterprises Pty Ltd is a 50/50 joint venture between Community 21 Limited ABN and Bendigo and Adelaide Bank Limited ABN act. is a division of Community Sector Banking Pty Ltd. For the purpose of these Bendigo Credit Card Terms & Conditions, references to Bendigo Credit Cards include act. VISA Credit Cards. These Bendigo Credit Card Terms & Conditions apply to all act. VISA Credit Cards. For all act. products, you should refer to the act. Terms & Conditions available at letsact.com.au which govern the use of the act. platform. Those act. Terms & Conditions constitute a separate agreement between yourself and Community Sector Banking Pty Ltd and do not form part of the banking service provided to you. Table of Contents Bendigo Credit Card Conditions of Use 4 Electronic Banking Conditions of Use 37 Things you should know about your proposed credit contract What you owe us 4 2. Your Bendigo Credit Card 5 3. Personal details 7 4. Lost/stolen cards 7 2

3 5. Your liability 8 6. Disputed transactions 8 7. Notification procedure 9 8. Chargeback rights Timeframes for notifying us Foreign currency transactions Cash advances Credit limit Interest charges Fees and charges Payments Statements of account Cancellation or suspension of credit card facility Default Account combination Joint accounts Additional cardholders Security Inconsistency and codes of practice How we may exercise our rights Our certificates Assignment Incapacity Notices, other communications and serving documents Changes Waiver Consumer credit legislation Applicable law Anti-Money Laundering & Counter-Terrorism Financing (AML/CTF) Periodical payments and direct debits Meaning of words 32 3

4 The Conditions of Use booklet does not contain all the required precontractual information. Other precontractual information is contained in the Bendigo Credit Card Schedule, Bendigo Rewards Terms & Conditions and Bendigo Platinum Credit Card Insurance Terms & Conditions enclosed with this booklet. The Electronic Banking Conditions of Use in conjunction with the Credit Card Conditions of Use apply for any transactions that are generated using a Personal Identification Number (PIN). For the cost of other services refer to the Schedule of Fees, Charges and Transaction Account Rebates, available from branches or online. You should read these Conditions of Use, the Bendigo Credit Card Schedule, the Electronic Banking Conditions of Use and the Schedule of Fees, Charges and Transaction Account Rebates carefully before using your Bendigo Credit Card. You should also keep these documents for your future reference. Conditions of Use Some of the words used in these Conditions of Use have special meanings. When a word with a special meaning is used, it is printed in italics (like this). These special meanings are set out in condition 35 of these Conditions of Use. 1 What you owe us 1.1 You agree that we may debit to your card account and you must pay to us amounts debited for: a) purchases (the price of goods and services obtained from a merchant including by mail, electronic and telephone orders) charged to your card account (this includes direct debits where you provide the merchant with your card number); b) cheques drawn on your card account (if the Bendigo Credit Card Schedule indicates that you have a Personal Overdraft Account); 4

5 c) cash advances charged to your card account (this includes direct debits where you provide the merchant with the BSB and account number of your card account); d) interest charges (see condition 13); e) fees and charges (see condition 14); f) enforcement expenses (see condition 18.3, 18.4 and 18.5); and g) any other amount you must pay in connection with this contract on the date it becomes due. 2 Your Bendigo Credit Card 2.1 You must be 18 years of age or more to apply for a Bendigo Credit Card. 2.2 The issue and use of a Bendigo Credit Card is at all times at our discretion. The Bendigo Credit Card will always remain our property and must be returned to us on demand. 2.3 We may issue replacement Bendigo Credit Cards at any time. If we issue a replacement Bendigo Credit Card to you or a person appointed under clause 21.1 or 21.2, you or a person appointed under clause 21.1 or 21.2 must not use the Bendigo Credit Card it replaces and you remain liable for any use of the replaced card. 2.4 Before the expiry date of your Bendigo Credit Card, we will automatically issue a renewal Bendigo Credit Card unless you request us in writing not to do so. 2.5 Your Bendigo Credit Card is only valid for the period shown on it. 2.6 You must ensure that you: a) Sign your card as soon as you receive it; b) Keep your card and PIN secure. Your PIN is your electronic signature. Do not tell anyone your PIN, not even family members; c) Check regularly that you have your card in your possession; 5

6 d) Take steps to ensure that no one else has access to the PIN notification you receive through the mail. We recommend that you destroy the PIN notification once you have memorised it; e) If you cannot remember your PIN without assistance do not record your PIN on your card and do not store or carry any record of your PIN in an undisguised form with the card (merely placing a couple of digits at the beginning or end of your PIN disguising it as a telephone number, postcode or birth date is not sufficient); f) Do not let anyone use your card. You may be legally liable if someone else uses your card and PIN with or without your permission; g) Collect your card from the ATM after completing a transaction; h) Destroy expired cards; i) You must also ensure that any additional cardholder does each of these things. 2.7 You can normally use your Bendigo Credit Card to carry out transactions in Australia and overseas where the MasterCard or Visa card logo is displayed, as appropriate. However, the fact that the MasterCard or Visa card logo is displayed at premises, does not mean that we guarantee that all goods and services available there may be obtained by using your Bendigo Credit Card. We are not responsible if a merchant or financial institution refuses to accept the Bendigo Credit Card, does not allow cash withdrawals or places other limitations on using the Bendigo Credit Card. 6

7 2.8 Some transactions need authorisation from us - we may refuse to approve a proposed transaction if: a) The transaction would take your account balance over the credit limit; b) The Bendigo Credit Card has been reported lost or stolen; or c) We have any other good reason to do so. 2.9 You or any additional cardholder may be required to produce suitable identification when using a Bendigo Credit Card We are not responsible for the following, unless the law says we are: a) any goods or services which you have obtained from a merchant using your card; and b) any refund by a merchant. If you have any complaints about goods or services, you must raise them directly with the merchant. 3 Personal details 3.1 You must choose a password for your Bendigo Credit Card. We may ask you for this password at any time as further proof of your identity. 3.2 You must notify us immediately if you change your name or address. This will ensure our records are up to date in the event that we mail your reissued Bendigo Credit Card directly to you. 4 Lost/stolen cards 4.1 You must tell us immediately if your Bendigo Credit Card is lost or stolen or you suspect that your Bendigo Credit Card has been used without your permission. You must give us all relevant information you may have. You must confirm in writing any notice you give us by telephone. 4.2 You may notify us in Australia by telephoning our 24 hour hotline on or by informing any of our branches. If you are overseas, please telephone the appropriate 24 hour reverse charges number: 7

8 Visa MasterCard Alternatively, call at any bank displaying the MasterCard or Visa card logo, as appropriate. 5 Your liability 5.1 You are not liable for any transactions performed without your permission unless you have contributed to the losses by: a) letting someone else use your Bendigo Credit Card; or b) unreasonably delaying in notifying us of the loss, theft or unauthorised use of your Bendigo Credit Card; or c) leaving a card in an ATM which incorporates reasonable safety standards that mitigate the risk of a card being left in the ATM. If you did either of these things, we may hold you liable for all transactions carried out using your Bendigo Credit Card up to the time you notify us of the loss, theft or unauthorised use of your Bendigo Credit Card. 6 Disputed transactions 6.1 A disputed transaction may include: a) An unauthorised transaction A transaction which you believe was not authorised by yourself or by an additional cardholder. This includes any unauthorised telephone, internet, mail order, or any other unauthorised transaction on your account. b) General dispute may constitute any of the following examples: The amount listed on the statement may be different to the amount authorised, Goods/services may not have been provided, or may be different from the description, or 8

9 Goods may have been returned and the amount has not been refunded to your account. 6.2 Despite notifying us of a disputed transaction, pending resolution of the dispute, you remain liable for any cash advance or purchase made by a cardholder or any person authorised by a cardholder. 6.3 If a dispute is withdrawn or resolved in favour of the merchant a voucher retrieval fee may apply. 6.4 If we need to order a copy of a voucher in order to investigate a disputed transaction, a fee will apply for any voucher subsequently identified as valid. 6.5 Whilst we investigate your dispute, you should continue to pay your minimal payment in order to avoid any late fees or arrears. 6.6 Where a dispute is resolved in your favour, we will make the necessary adjustments to any interest and fees charged as a result of your dispute. 6.7 Where a disputed transaction relates to a payment you made via a Pay Anyone internet banking facility, Electronic Banking Conditions of Use clause 10.3 may apply instead of this clause For any other type of dispute refer to the Bendigo Personal Accounts and Facilities Terms & Conditions for further information. 7 Notification procedure 7.1 We recommend you carefully check all entries on your statement or e-banking transaction history. 7.2 You should immediately notify Bendigo Bank of any unauthorised transaction(s). 7.3 To report an unauthorised transaction, please contact the Bendigo Bank by: Secure Downloading a form from our website at Telephone ; In person at your local branch; or 9

10 Telephone act. on 1300 ACT TODAY ( ) 8 Chargeback rights 8.1 Each credit card scheme (MasterCard and Visa) has a dispute resolution process that is contained in the operating rules of the credit card scheme. This process sets out specific circumstances and timeframes in which a member of the scheme (e.g. a bank) can claim a refund in connection with a disputed transaction on a cardholder s behalf. This is referred to as a chargeback right. 8.2 Our ability to investigate any disputed transaction on your account, and subsequently process a chargeback is restricted by the time limits imposed under the operating rules of the applicable credit card scheme. 9 Timeframes for notifying us 9.1 Our ability to dispute a transaction on your behalf (where a chargeback right exists) may be lost if you do not notify us within the required timeframes. 9.2 For this reason, it is in your best interest to report any disputed transaction to us immediately. 9.3 We will not accept a refusal of a chargeback by a merchant s financial institution unless it is consistent with the relevant credit card scheme rules. 9.4 The timeframes for us to process a chargeback (where a chargeback right exists) vary between 45 days and 120 days, depending on the credit card scheme and the type of disputed transaction. 9.5 Where it can be shown that you have unreasonably delayed notifying us, you may be liable for the loss on any disputed transaction. 10

11 Important: No refunds are available under credit card scheme rules where your Bendigo Credit Card has been used to fund a BPAY payment through the BPAY scheme. Refunds in connection with the BPAY scheme can be claimed only using the process outlined in the Personal Account Terms and Conditions. Registered to BPAY Pty Ltd ABN Electronic transactions If the epayments Code is applicable to a disputed transaction, the timeframes as specified in 9.5 may not apply in certain circumstances. 10 Foreign currency transactions 10.1 Transactions in foreign currency amounts charged to your card account incur a 3% fee. They are then converted either (depending on the foreign currency being converted): a) into Australian dollars at the appropriate MasterCard International exchange rate or Visa International exchange rate as at the date of processing; or b) into United States dollars and then into Australian dollars at the appropriate MasterCard International exchange rate or Visa International exchange rates as at the date of processing The Australian dollar amount is then debited or credited to your card account When you use your Bendigo Credit Card outside Australia you are bound by any exchange control requirements of the Reserve Bank of Australia. 11 Cash advances 11.1 The maximum amount of any cash advance you can get from us will depend on the amount of available credit and the means you use to obtain the cash advance. 11

12 11.2 The minimum and maximum amount of any cash advance you can get from any financial institution other than us will depend on the requirements of that financial institution If you provide a merchant with the BSB and account number of your card account to establish a direct debit, it will be treated as a cash advance and interest will be calculated and charged and payments will be credited towards the amount accordingly If you transfer a balance to your card account from either a Bendigo Bank or another financial institution s account, the transfer will attract cash advance interest from the date the transfer debit reaches your card account. 12 Credit limit 12.1 Your account balance must not exceed your credit limit If your account balance exceeds your credit limit, you must immediately pay us the amount by which it exceeds your credit limit. We need not ask you for it first. This payment obligation is in addition to your normal repayment obligation (see condition 15.2) We may reduce or cancel your credit limit as we choose (eg. If we reasonably consider it necessary to prevent fraud or other losses to you or us). If we do so, we will notify you as soon as possible. If we reduce your credit limit below your account balance, we will not require you to repay the difference immediately. Instead, you may reduce your account balance over time (if you pay at least the minimum repayments), but you will not be able to use your card until the account balance is less than the new credit limit We may allow a temporary credit limit increase for a nominated period. If we do this, then at the end of that period: a) your credit limit reduces to that which applied before the temporary credit limit increase; and 12

13 b) you must immediately pay us any amount by which the debit balance of your card account exceeds your credit limit that applied before the temporary credit limit increase. This payment obligation is in addition to your normal repayment obligation (see condition 15.2) Your credit limit does not change merely because we debit an amount to your card account which takes your account balance over your credit limit. 13 Interest charges The interest rate 13.1 The daily percentage rate is the annual percentage rate for a day divided by 365, except in a leap year when it is the annual percentage rate divided by 366. We publish our reference rates in a major newspaper on the last day of publication each month. You can find out what the current annual percentage rate under this contract is by asking any of our officers at any of our branches, by telephoning our Customer Help Centre on during business hours or by telephoning act. on 1300 ACT TODAY ( ) Calculating interest charges 13.2 We charge interest on cash advances. Subject to any interest-free period, we charge interest on purchases that form part of your account balance. We also charge interest on any fees, charges and interest outstanding at the end of any interest free period. We can also charge interest on enforcement expenses or any cash advance fee levied by another financial institution. We calculate interest charges on the relevant daily balance of your account (that is, those parts of your account balance that are subject to interest charging), by applying the daily percentage rate to that relevant daily balance. 13

14 Interest on cash advances 13.3 Interest accrues on unpaid cash advances from the date that they are charged to your account until they are paid. Interest on other amounts 13.4 If no interest free period: If your Bendigo Credit Card Schedule does not indicate that you have an interest free period on your Bendigo Credit card facility, interest accrues on amounts from the date they are charged to your card account until they are paid If an interest-free period: If your Bendigo Credit Card Schedule indicates that you have an interest free period on your Bendigo Credit card facility, interest does not accrue on amounts,other than unpaid cash advances, shown on a statement of account if you pay the closing balance shown on that statement of account by that due date. If any purchases amounts on a statement of account remain unpaid or partly unpaid at the due date shown on that statement of account, interest immediately accrues on the unpaid balance of those amounts from the statement date. Interest continues to accrue until they are paid. Debiting interest 13.6 We debit accrued interest charges to your card account monthly on the statement date (not always on the same day of each month). We can also debit interest charges which have been accrued but not yet been debited when you or we cancel the Credit card facility. 14 Fees and charges 14.1 You must pay us: (a) all fees and charges in the circumstances indicated in the Bendigo Credit Card Schedule and all new fees and charges we impose under condition 29.1; 14

15 (b) (c) government stamp and other duties and charges payable on receipts or withdrawals under this contract or a security including, where applicable, stamp duty on credit card business in Queensland and Tasmania or on credit business in Queensland (these duties and charges are payable as part of the minimum repayment from the time, as a matter of law, they are required to be paid); and any reasonable expenses we reasonably incur in enforcing this contract or a security. These expenses are payable as part of the minimum repayment from the time they form part of the closing balance. The government or other third party fee or charge will be payable only to the extent of the actual amount finally determined as being payable by the relevant third party. The Bendigo Bank Schedule of Fees, Charges and Transaction Account Rebates details our standard fees and charges current at the date it is issued. The current Schedule of Fees, Charges and Transaction Account Rebates is available on request at any time from any branch of Bendigo Bank or online at You agree we can debit these fees and charges to your card account and they are payable after that date as part of your account balance. 15 Payments 15.1 We do not treat a payment as made until received in cleared funds You must pay the amount shown as the minimum repayment due on each statement of account by the due date shown on that statement of account (if your payment falls due on a non-business day, the payment must be made prior to this date). The minimum payment due will only be calculated when your card account has a debit balance. It is: 15

16 a) 3% of the closing balance shown on the statement of account rounded up to the nearest dollar; or b) $10; whichever is the greater. However, if the closing balance on the statement of account is less than $10 you must pay it in full Any payments made to your card account will be applied to any amount you owe under this contract in the following order: a) cash advances and cheques drawn on your card account (if the Bendigo Credit Card Schedule indicates that you have a Personal Overdraft Account) shown on any statement of account in the order in which they were debited to your card account; b) purchases which have been debited to your card account in the order in which they were debited; c) interest charges debited to your card account; d) any fees and charges; The order may change, without notification to you, in accordance with our legal obligations You must pay in Australian dollars in Australia. You may make a payment through any of our branches, some of our electronic banking devices or at post offices displaying the Bank@Post sign For the purposes of payments under the contract, a day ends at 5pm Victorian time. 16 Statements of account 16.1 We send you statements of account monthly (not always on the same day of each month) unless the law says we do not have to do so. The period covered by a statement of account is known as the statement period. 16

17 Note: At the date of this contract, the law says we need not send a statement of account if: a) no amount was credited or debited to your card account during the statement period and the debit balance on your card account is less than $10; b) we wrote off your debt during the statement period and no further amount has been debited or credited to your card account during the statement period; or c) you have been in default under this contract for at least 3 months and we cancelled your Credit card facility before the statement period started and have not provided further credit to you during the statement period Statements of account show all amounts credited or debited to your card account during the statement period All amounts shown on statements of account are expressed in Australian dollars You should check the entries on each statement of account carefully and promptly report any error or unauthorised transaction to us before the due date shown on that statement of account. 17 Cancellation or suspension of credit card facility 17.1 You can cancel your Credit card facility at any time by: a) telling us in writing that you want to; and b) returning your Bendigo Credit Card and all additional Bendigo Credit Cards issued on your card account; and c) paying any debit balance of your card account (plus any amounts accrued or charged but not yet debited to your card account) If your Credit card facility has periodical payments or direct debits initiated by third parties, you must cancel these at least 60 days before you seek to cancel your Credit card facility under clause

18 17.3 We can cancel or suspend your Credit card facility at any time and refuse to provide any further credit to you under this contract. Without limiting the circumstances in which we may cancel or suspend your Credit card facility, we may do so to your Credit card facility if: a) we believe your Credit card facility is being used, or will be used, in a way that will cause loss to you or us; b) we reasonably believe that you induced us to provide the Credit card facility by fraud; or c) you or an additional cardholder breach any of these Credit Card Conditions of Use or the Electronic Banking Conditions of Use If we cancel your Credit card facility, you must return to us immediately your Bendigo Credit Card and all additional Bendigo Credit Cards or cheque books issued on your card account If your Credit card facility is cancelled or suspended under 17.1 or 17.3: a) you must not attempt to access or draw down credit from your card account; b) if amounts (including any periodical payments or direct debits) are charged to your card account after your Credit card facility has been cancelled or suspended, we can refuse to pay the amounts or we can pay them and recover them from you. In either case we can tell any merchant that your Credit card facility has been cancelled or suspended. 18 Default 18.1 You are in default if: a) you do not pay on or before the due date for payment any amount payable under this contract; or b) you are in breach of any other provision of this contract; or 18

19 c) you or another person gives us incorrect or misleading information in connection with this contract such as information given in an application form; or d) we reasonably believe you or another person has acted fraudulently in connection with this contract; or e) you become insolvent or steps are taken to make you so; or f) you are in default under any other credit contract you have entered into with us or any security you have given to us If you are in default, we may give you a notice stating that you are in default. If you do not correct the default within any period given in the notice then, at the end of that period and without further notice to you, the account balance becomes immediately due for payment. We may then sue you for that amount or enforce any security or do both In limited circumstances set down by law (such as if we are unable to locate you) we need not give the notice or wait until the end of any period given in the notice. Instead if you are in default, the account balance becomes immediately due for payment without notice. We may then immediately sue you for that amount or enforce any security or do both Enforcement expenses may become payable under this contract in the event of a breach You must pay us all reasonable enforcement expenses we reasonably incur arising from any default under this contract. Enforcement expenses include but are not limited to those reasonably incurred by the use of our staff and facilities. We can debit these amounts to your card account You must tell us immediately if you become aware you are in default You should inform us promptly if you are in financial difficulty so that we may discuss your situation. 19

20 19 Account combination 19.1 We may at any time combine the balances of 2 or more of your accounts even if the accounts are at different branches or in joint names. For example, we may do this if you exceed the credit limit applicable to your card account and the other account is in credit. In this situation the credit in one account would be used to reduce the debit balance in the other account. We will promptly inform you if we combine your accounts. We need not notify you in advance If you are a recipient of Centrelink benefits, we will act in accordance with our obligations under the Code of Operation for Department of Human Services and Department of Veterans Affairs Direct Credit Payments when exercising our right to combine accounts We will not exercise our right to combine your accounts in connection with amounts you owe in respect of any credit facility which you hold with us that is regulated by the National Credit Code: a) while we are actively considering your financial situation as a result of your hardship application (we may ask you, as a condition of not exercising our right to combine your accounts, to agree to retain funds in an account until our decision on your hardship application has been made); or b) while you are complying with an agreed arrangement with us resulting from our consideration of your hardship application. 20 Joint accounts 20.1 This clause 18 applies if more than one person is named in the Bendigo Credit Card Schedule as customer Your liability under these terms and conditions is both joint and several. This means that each of you is liable both on your own and together for the whole of any debit balance on your card account. 20

21 20.3 You authorise us to accept to the credit of your card account any cheque payable to any one or more of you Upon the death of any one of you: a) the survivor is treated as having sole title to your account; and b) the survivor must notify us of the death as soon as practicable If one of you (the notifying party) notifies us of a dispute and that the notifying party does not accept liability for further advances, we will exercise our rights under clause 17.3 and cancel the Credit card facility. The notifying party will still be jointly and severally liable for the debit balance on the card account at the time of notification but will not be liable for any further debits made after the time of notification You agree that each of you may have access to information about the account without the consent of the other joint account holders. 21 Additional cardholders 21.1 You may apply to have another person who is at least 16 years old as an additional cardholder. If we agree to your request, we may impose conditions. An additional cardholder is only able to operate your account in accordance with clause An additional cardholder is different to a person who is authorised to access and operate your account under clause 21.2 below You may apply to have another person who is at least 16 years old authorised to access and operate your account with a Bendigo Credit Card. If we do agree to your request, we may impose conditions If we accept your application for either an additional cardholder or for another person to be authorised to access and operate your account then the following applies: a) we will issue to that person a Bendigo Credit Card linked to your account ( additional card ): 21

22 b) you authorise us to debit your account with all transactions made using the additional card and you will be responsible and liable for these transactions as if you had made them yourself; and c) this contract applies to the additional card in the same way that it applies to your Bendigo Credit Card. You should ensure that any additional cardholder has read this contract and complies with it. If the additional cardholder does not comply with this contract, you will be in default A person appointed under clause 21.2 is authorised to access and operate your account and you consent to us giving that person information about your account You can arrange to have the authority of a person appointed under clause 21.1 or 21.2 cancelled or stopped at any time. If you want to cancel the authority, you must notify us in writing and either return to us any additional cards we have issued to that person (cut in half for your protection) or notify us in writing that you have taken all reasonable steps to return the additional cards. Cancelling, stopping or revoking the authority of a person appointed under clause 21.1 or 21.2 will not be effective until the additional card is surrendered or you have taken all reasonable steps to have the card returned to us If you request that the authority of a person appointed under clause 21.1 or 21.2 be revoked, you are responsible for transactions generated by the use of any additional cards issued to the additional cardholder until the additional cards are returned to us or you notify us in writing that you have taken all reasonable steps to return the cards. This includes transactions which are processed to your account after the additional cards are returned to us or you notify us in writing that you have taken all reasonable steps to return the cards An additional cardholder is able to operate your account in the following ways only: 22

23 a) make purchases and obtain cash advances; b) access the balance of your account (at an ATM); c) make payments on your account; and d) initiate direct debits using a card number. 22 Security Your Credit card facility may be covered by a security you or someone else has given to us as security for your debts to us. 23 Inconsistency and codes of practice 23.1 The Bendigo Credit Card Schedule, the Bendigo Credit Card Conditions of Use and the Electronic Banking Conditions of Use set out the entire agreement between you and us in respect of your Bendigo Credit card facility and its electronic use Subject to condition 5.1 and 21.6 if there is any conflict or inconsistency between: a) the Bendigo Credit Card Schedule; b) the Bendigo Credit Card Conditions of Use; and c) the Electronic Banking Conditions of Use, those documents will prevail in that order to the extent of the inconsistency To the extent allowed by law this contract prevails to the extent it is inconsistent with any law We warrant that we will comply with the requirements of epayments Code The Code of Banking Practice applies to the Credit card facility The Code of Banking Practice requires us to draw your attention to the availability of general descriptive information concerning our banking services and cheques. This includes information about: a) account opening procedures; b) our obligations regarding the confidentiality of your information; c) complaint handling procedures; 23

24 d) bank cheques; e) the advisability of you informing us promptly when you are in financial difficulty so that we may discuss your situation; and f) the advisability of you reading the terms and conditions applying to this banking service. Some of that information is contained in this document. The information is set out in full in the Personal Accounts and Facilities Terms and Conditions, which can be obtained by contacting any of our branches, by telephoning 1300 BENDIGO ( ), by visiting our website at or by telephoning act. on 1300 ACT TODAY ( ). 24 How we may exercise our rights 24.1 We may exercise a right or remedy or give or refuse our consent in any way we consider appropriate, including by imposing reasonable conditions If we do not exercise a right or remedy fully or at a given time, we reserve the right to exercise it at a later date Our rights and remedies under this contract are in addition to other rights and remedies provided by law independently of it Our rights and remedies under this contract may be exercised by any of our employees or any other person we authorise To the full extent permitted by law we are not liable for any loss (including any consequential loss) caused by the exercise or attempted exercise of, failure to exercise or delay in exercising, a right or remedy whether or not such attempt, failure or delay results from our negligence. 25 Our certificates We may give you a certificate about a matter or about an amount payable in connection with this contract. The certificate is sufficient evidence of the matter or amount unless it is proved to be incorrect. 24

25 26 Assignment 26.1 We may assign our rights under this contract. You agree that we may disclose any information or documents we consider desirable to help us exercise this right. You also agree that we may disclose information or documents at any time to a person to whom we assign our rights under this contract Your rights are personal to you and may not be assigned without our written consent. 27 Incapacity 27.1 If we are satisfied that: you have become of unsound mind or incapable of managing your affairs through age or infirmity or any other reason; and that no committee, administrator, receiver or guardian has been appointed although the contrary may be the fact, we may permit a withdrawal by any person who appears to have the care or custody of you or the management of your affairs of the whole or any portion of the deposit balance of your account Such withdrawal shall be taken to be a valid act by you and the receipt of funds by such person shall be binding upon you. 28 Notices, other communications and serving documents 28.1 Communications from us may be signed by any of our employees Communications for us may be: a) given personally to one of our employees at: (i) any of our branches; or (ii) our registered office; or b) sent by prepaid post or electronically to any of those places; or c) given by any other means permitted by law. 25

26 28.3 Communications for you may be: a) given to you personally or left at: (i) (if you are an individual) your residential or business address last known to us; or (ii) (if you are a body corporate) your registered office by leaving it with one of your officers; or (iii) any address specified by you; or b) sent by prepaid post or electronically to any of these places; or c) given by any other means permitted by law A communication is taken to be given: (a) (b) (c) if given personally - on the date it bears or the date it is received by the addressee, whichever is the later; or if sent by post - on the date it bears or the date when it would have been delivered in the ordinary course of post, whichever is the later; or if sent by any other form of electronic transmission - on the date it bears or the date on which the machine from which the transmission was sent indicates that the communication was sent to recipient s system, whichever is the later Communications given by newspaper advertisement are taken to be received on the date they are first published. 29 Changes 29.1 Subject to conditions 29.2, 29.3, 29.4, 29.5 and 29.6 we may change this contract (such as by varying an existing provision or adding a new provision) without your consent. The changes we may make without your consent include changes to: a) how interest is calculated or when it is debited or credited to your account; 26 b) the amount or the frequency of payment of any credit fee or charge;

27 c) imposing a new credit fee or charge; d) the amount, frequency, time for payment or method of calculation of payments or repayments; e) reduce your credit limit; f) determining when a day ends for any purpose under this contract; and g) the minimum and daily maximum amounts you may withdraw using different access methods If any law regulates any change to this contract, we may implement that change only to the extent permitted by, and subject to, the requirements of that law Where we change this contract in one of the following ways we will notify you of the change in writing to you at least 20 days before the change takes effect: a) changing the manner in which interest is calculated or applied under this contract (including a change in any interest free period), unless the change reduces your obligations; b) changing the amount, frequency of, time for payment of, change in the method of calculation of, payments or repayments (unless the change reduces your obligations or extends the time for payment); and c) changing the frequency or time for payment of a credit fee or charge (unless the change reduces your obligations or extends the time for payment) Where we change this contract by changing the amount of any credit fee or charge (including a new credit fee or charge) we will notify you of the change either in writing to you, or by newspaper advertisement, or both, at least 20 days before the change takes effect. 27

28 29.5 Where we change this contract by changing the annual percentage rate, we will notify you of the change either in writing to you, or by newspaper advertisement, or both, no later than the day on which the change takes effect (unless the change reduces your obligations) Where we change this contract in other ways we will notify you of the change in writing to you at least 20 days before the change takes effect, unless the change reduces your obligations or extends the time for payment. 30 Waiver 30.1 We may choose at any time to waive any of our rights under the contract. Subject to any applicable law, a waiver by us is not a change to, and does not reduce our rights under, the contract unless we give you written notice that it is a change to the contract. 31 Consumer credit legislation 31.1 Clause 29.2 applies to the extent that a National Credit Code applies to this contract If: 28 a) that Code would otherwise make a provision of this contract illegal, void or unenforceable; or b) a provision of this contract would otherwise contravene a requirement of that Code or impose an obligation or liability which is prohibited by that Code, this contract is to be read as if that provision were varied to the extent necessary to comply with that Code or, if necessary, omitted If that Code is inconsistent with this contract, that Code overrides this contract to the extent of the inconsistency. 32 Applicable law 32.1 If you reside in an Australian state or territory then this contract is subject to the laws of that state or territory. Otherwise, this contract is subject to the laws of the Australian state or territory under which we first provide credit under this contract.

29 32.2 You submit to the jurisdiction of the courts of the Australian state or territory whose laws apply to this contract and the proper jurisdiction of any other court. 33 Anti-Money Laundering & Counter-Terrorism Financing (AML/CTF) 33.1 To comply with requirements of anti-money laundering and counter-terrorism financing laws we may: a) require you to provide to us, or otherwise obtain, any additional documentation or other information; b) suspend, block or delay transactions on your account, or refuse to provide services to you; c) report any, or any proposed, transaction or activity to any body authorised to accept such reports relating to anti-money laundering and counter-terrorism financing or any other law. 34 Periodical payments and direct debits 34.1 If you give us authority, we can have regular payments made automatically out of your card account on preset dates, advised by you. This type of payment is called a Periodical Payment or Direct Debit. The difference between these payment methods is: a) We make periodical payments from your card account to another account with us or with another financial institution or to a third party. To do this we need you to call into one of our branches to give us your instructions. b) A merchant sends direct debits to your card account according to an authority which you need to set up through the merchant receiving the money, allowing us to make these payments. If you provide a merchant with the BSB and account number of your card account to establish a direct debit, it will be treated as a cash advance and interest will be calculated and charged and payments will be credited towards the amount accordingly. 29

30 If however you provide the merchant with your card number, the direct debit will be treated as a purchase and interest will be calculated and charged and payments will be credited towards the amount accordingly To alter or stop any future payments the following processes must be followed: a) If you provided the merchant with the BSB and account number of your card account - advise us by notice in writing, via telephone, via secure or come into one of our branches and talk to a staff member. We will take and promptly process your instruction to cancel a direct debit request which is set up using your account number. b) You are encouraged to maintain a record of any Regular Payment Arrangement entered into with a merchant using your card number. c) To either change or cancel any Regular Payment Arrangement set up using your card number you should contact the merchant at least 15 days prior to the next scheduled payment. Until you attempt to cancel the Regular Payment Arrangement with the merchant directly we must accept the merchant s transaction. If possible you should retain a copy of their change/ cancellation request. Should the merchant fail to act in accordance with these instructions you may have rights to dispute the transaction. d) Should your card number be changed i.e. as a result of lost or stolen card you must request the merchant to change the details of your existing Regular Payment Arrangement to ensure arrangements continue. If you fail to undertake this activity your Regular Payment Arrangement either may not be honoured by us or the merchant may stop providing the goods and/or services. 30

31 e) Should you elect to close your card account or your account is closed by us you should contact the merchant to amend any Regular Payment Arrangement set up using your card number; as the merchant may stop providing the goods and/or services. f) If you cancel a direct debit, periodical payment or sweep facility, we must receive your instructions at least 1 business day prior to the due date of the next payment, otherwise that payment may nevertheless be made. For direct debit cancellations we may suggest that you contact the merchant concerned It is important that the difference between your account balance and your credit limit is sufficient to cover periodical payments and direct debits when they are due. If the balance is insufficient, any direct debits are returned unpaid (dishonoured) to the originating third party. However we will attempt to make periodical payments from your card account before 8 am for three consecutive days. Another attempt will be made on the fourth day and if still unsuccessful, you will be notified in writing that no more attempts will be made and you should call into one of our branches to arrange payment. A fee will be debited to your card account in these circumstances (see condition 14). If the balance is insufficient on three consecutive payment due dates, the authority is cancelled and you are notified in writing We automatically cancel any periodical payments when your Credit card facility is cancelled. 35 Meaning of words account balance means the difference between all amounts credited and all amounts debited to your card account. act. is a division of Community Sector Banking Pty Ltd, and can be contacted on 1300 ACT TODAY ( ). 31

32 annual percentage rate means the following: During a fixed rate period, the rate shown in the Bendigo Credit Card Schedule. Following the end of a fixed rate period, the reference rate shown in the Bendigo Credit Card Schedule less the margin (if any) shown in the Bendigo Credit Card Schedule. available credit at any time means your credit limit, minus the sum of the following amounts at that time: your account balance any pre-authorised purchases that have not yet been debited to your account. balance transfer transaction means an advance of credit which you instruct us to use to pay a debt that you owe to another financial institution. Bendigo Credit Card Conditions of Use means the conditions appearing under that heading in this Booklet. Bendigo Credit Card Schedule means the document entitled Bendigo Red Credit Card Schedule, Bendigo Basic Black Credit Card Schedule, Bendigo RSPCA Credit Card Schedule, Bendigo Community Choice Classic Credit Card Schedule, Bendigo Platinum Credit Card Schedule and Bendigo Community Choice Platinum Credit Card Schedule Bendigo e-banking transaction means a transaction using any electronic means by which you can access and transact on a nominated account. This includes but is not limited to using an internet connected device and accessing a Bendigo Bank approved access point which includes: our web-site at: for Classic e-banking or Mobile e-banking, or ios application(s), or Android application(s), or such other access point approved by the Bank either via our website or a third party. Bendigo Phone Banking transaction means a transaction using the service we offer from time to time by which you can access and transact on a nominated account by telephoning 1300 BENDIGO ( ). card account means the account or accounts we establish in your name for the purposes of this contract. 32

33 cash advance means credit provided in the form of cash, either directly from us or from another financial institution (including any fee levied by another financial institution), and credit provided using any of the following services we offer: a Bendigo Phone Banking transaction to access and transact on your card account by telephoning 1300 BENDIGO ( ); a Bendigo e-banking transaction to access and transact on your card account using a personal computer and accessing our website at a cheque withdrawal; and a Pay Anyone transaction, as described in the Personal Accounts and Facilities Terms and Conditions which can be obtained by contacting any of our branches, by telephoning 1300 BENDIGO ( ), by visiting our website or by telephoning act. on 1300 ACT TODAY ( ). contract means the credit card contract you make or have made with us. It comprises: The Bendigo Credit Card Conditions of Use; The Bendigo Credit Card Schedule; The Electronic Banking Conditions of Use. Credit card facility means the credit facility provided or to be provided to you under this contract. credit fees and charges means the credit fees and charges set out in the Bendigo Credit Card Schedule (as varied from time to time) any other fees and charges payable in connection with this contract, but does not include: interest charges; any fees or charges that are payable to or by us if they would be payable even if the credit facility were not available (other than annual fees); enforcement expenses; government transaction charges. credit limit means the amount we determine to be the credit limit from time to time. The credit limit as at the disclosure date is set out in the Bendigo Credit Card Schedule. 33