Online Access Terms and Conditions
These Online Access Terms and Conditions apply to your use of our Online Access service. The Online Access service provides you with access to Lombard card Accounts which we agree you may nominate.
Our Online Access service can be accessed at lombardfinance.com.au
Please read these terms and conditions carefully, together with the terms and conditions that apply to your Account. If you do not understand them, please contact us. By accessing the Service, you agree to be bound by these Online Access Terms and Conditions. If there is any inconsistency between them and the terms and conditions that apply to your Account, these Online Access Terms and Conditions will prevail in respect of transactions carried out using the Service (including BPAY Payments). However, if there is any inconsistency between condition 16 and the provisions of these Online Access Terms and Conditions or the terms and conditions that apply to your Account, condition 16 will apply to the extent of that inconsistency.
a) access code - means the code required for you to access the Service, and which we authorise and accept as authority for us to act on an instruction given to us using the Service.
b) Account - means any account you hold with us which we agree you can access using the Service.
c) Biller - means an organisation who tells you that you can make bill payments to them through BPAY.
d) BPAY - means the electronic payment scheme called BPAY operated in co-operation between Australian financial institutions, which enables you to effect bill payments to billers who participate in BPAY.
e) BPAY Payment - means a payment transacted using BPAY.
f) Business Day - means any day on which banks in Melbourne or Sydney are able to effect settlement through the Reserve Bank of Australia.
g) Service - means our Online Access service.
h) "we", "us", "our" or "Lombard" means FlexiCards Australia Pty Ltd.
i) "you" or "your" means the Account holder(s) of the Account.
2. The Service
2.1 We will provide you with access to the Service when your completed application to use the Service is received and approved by us.
2.2 To use the Service, you must have your account number and an access code. Upon receiving these from us, you can visit our website (www.lombardfinance.com.au) to get further information and log on to the Service. We may also ask you to provide us with additional information at any time in order to use the Service.
2.3 The Service can be used to:
a) view your Accounts; and
b) make BPAY Payments from your Accounts.
2.4 We will advise you of any fees we charge for access to and use of the Service, including for:
issuing your access code or any additional or replacement access code; and
using your access code.
2.5 At our discretion we may impose and/or vary minimum and/or maximum limits on the amounts which you may transfer from your Accounts using the Service. We will notify you of these limits if and when they apply. Individual limits are available on written application and approval.
2.6 You acknowledge that third party organisations may impose additional restrictions on the amount of funds that may be paid or transferred.
2.7 When using the Service you must take all reasonable steps to protect the security of your computer and your access code, including by ensuring your computer is free of viruses and any password recording device, not leaving your computer unattended whilst using the Service, and shutting all browser windows after using the Service.
2.8 If you ask us to make a payment or transfer using the Service prior to 4.30pm Australian Eastern Standard Time on a Business Day, in most cases the payment or transfer will be treated as having been made on that day. Otherwise, payments and transfers will be made on the next Business Day.
2.9 You can also schedule a payment or transfer to be made on a future date that you specify. Any such countermand must be made via the Service and be made before 4.30pm Australian Eastern Standard Time on the day before the payment or transfer is due. If any such date falls on a weekend or public holiday, the payment or transfer will be treated as having been made on the next Business Day. Once you have instructed us to make a payment or transfer on a future date, you can countermand this instruction in advance of the due date for the payment or transfer. Any such countermand must be made via the Service and be made before 4.30pm Australian Eastern Standard Time on the day of/day before the payment or transfer is due. Otherwise, we will process the payment or transfer as originally instructed by you.
2.10 We may cancel or suspend your access to the Service at any time, without notice, if we believe the Service is being used in a way that may cause losses to you or us.
2.11 You may at any time request in writing that we withdraw your access to all or part of the Service. Your liability for transactions made on your Account using the Service until your request is received and processed by us will be determined in accordance with these Terms and Conditions.3.1 We will provide you with access to the Service when your completed application to use the Service is received and approved by us.
3. Online access codes
3.1 You agree to protect your access code as a means of preventing fraudulent or unauthorised access to your Accounts using the Service. You must ensure that your access code is not lost or stolen and that it is not made known to anyone else.
3.2 Lombard reserves the right to cancel any access code at any time without notice.
4. How to keep your access codes safe
We would like you to enjoy all the benefits the Service has to offer. To achieve this and to guard against unauthorised use of your access code and the Service, you should follow the guidelines below. These guidelines provide examples of security measures only and will not determine your liability for any losses resulting from unauthorised transactions using the Service. Liability for such transactions will be determined in accordance with condition 7 and the Electronic Funds Transfer Code of Conduct.
Guidelines for ensuring the security of your access code
- never reveal your access code to, or allow it to be seen by, another person including family and friends;
- memorise the access code once you receive it, and destroy the notice advising you of the access code;
- if you change your access code, do not choose a code that relates to your name, date of birth, telephone number, names of a friend or relative, car registration or anything else that could be associated with you, nor select an obvious combination of letters and numbers or one that can be easily guessed by someone else;
- do not record your access code on your card or on anything which is kept with or near the card;
- do not record your access code on a computer or related articles without making a reasonable attempt to disguise the access code or prevent unauthorised access to the record;
- do not keep a record of the access code with any document containing details of your Accounts (e.g. statements);
- use care to prevent anyone seeing the access code being entered at a computer; and
- immediately report unauthorised use of your access code to us by calling 1300 132 301 or +61 2 9978 7500 if calling from overseas.
5. How to report unauthorised use of your access code and/or the service
5.1 If you believe your access code has become known to someone else, you must notify us immediately by calling 1300 132 301 or +61 2 9978 7500 if calling from overseas.
5.2 You must provide all information you are asked to provide to assist in identifying you and your Account/s.
5.3 We will acknowledge the notification by giving a reference number. Please retain this number as evidence of the date and time of contacting us.
5.4 If for any reason the emergency telephone facility is unavailable and this prevents you from calling us, you will not be liable for any unauthorised transactions which could have been prevented during this period had you been able to contact us. However, you must notify us within a reasonable period of the emergency telephone facility becoming available again.
6. Checking account records and transaction slips
6.1 You should check your account records carefully. If you believe a transaction is wrong or unauthorised you must inform us as soon as possible.
6.2 If we find an error in your account we will promptly correct the error, adjust interest and charges to the account and advise you.
6.3 If we do not agree that there is an error we will write to you as soon as possible giving you reasons for our decision.
6.4 It is recommended that you check and retain all transaction slips, receipts and payment or transfer reference numbers issued to you after conducting a payment or transfer using the Service, to assist in checking transactions against your statements.
7. Your liability for unauthorised use of your access code and/or the service
7.1 You are liable for all transactions on your Account using the Service where an access code is used with your consent. Also, except to the extent specified in conditions 7.2, 7.3 and 7.4, you are liable for unauthorised transactions using the Service and all losses caused by them.
7.2 You are not liable for losses:
a) where it is clear that you have not contributed to the loss;
b) that are caused by the fraudulent or negligent conduct of employees or agents of us; any organisation involved in the provision of the system under which transactions using the Service are processed; or any merchant;
c) that are caused by the same transaction being incorrectly debited more than once to the same Account;
d) relating to an access code that is forged, faulty, expired or cancelled; or
e) resulting from unauthorised use of your access code before receipt of the access code; or after notification to us in accordance with condition 5 that your access code has becom known to someone else.
7.3 You will be liable for any loss arising from any unauthorised transaction using the Service if the loss occurs before notification to us that your access code has become known to someone else and if we prove, on the balance of probabilities, that you contributed to the loss through:
a) fraud, failure to look after and keep the access code secure in accordance with condition 3.1, or extreme carelessness in failing to protect the security of the access code; or
b) unreasonably delaying in notifying us that your access code has become known to someone else and the loss occurs between the time you did, or reasonably should have, become aware of this and the time of notification to us.
c) However, you will not be liable for the portion of the loss that exceeds any applicable daily or periodic transaction limits on your Account; the portion of the loss on the Account which exceeds the credit limit of the Account; all losses incurred on any account which you had not agreed with us could be accessed using the Service; or losses that would exceed the amount of your liability had we exercised our rights (if any) under the credit card scheme rules against other parties to that scheme.
7.4 Where condition 7.3 does not apply, your liability for any loss arising from any unauthorised transaction using the Service, if the loss occurs before notification to us that your access code has become known to someone else, is the lesser of: a) $150;b) the actual loss at the time of notification to us of your access code becoming known to someone else (except that portion of the loss that exceeds any daily or periodic transaction limits applicable to the use of the Service or your Account); c) the available funds in your Account;
d) the credit limit of the Account; ore) the amount of your liability had we exercised our rights (if any) under the credit card scheme rules against other parties to that scheme.
7.5 Notwithstanding any of the above provisions, your liability will not exceed your liability under the provisions of the Electronic Funds Transfer Code of Conduct, where that Code applies.
8. Restrictions on access to the service
8.1 The Service is available for the enquiries and transactions specified by Lombard from time to time.
8.2 Only you, as the Account holder, can use the Service to access an Account. If you are a joint account holder, in order to use the Service you must be authorised to operate the Account alone.
8.3 We do not guarantee to give effect to any payment or transfer you instruct us to make using the Service. We may delay and/or refuse to give effect to any payment or transfer, including a BPAY Payment, for any reason without notice to you, including where the payment or transfer would cause your credit limit to be exceeded. We will not be liable to you or any other person for any loss or damage suffered as a result of such delay and/or refusal.
9.1 You will not be responsible for any loss you suffer because the Service accepted an instruction but failed to complete the transaction.
9.2 If the Service malfunctions and you should have been aware that the Service was unavailable for use or malfunctioning, we will only be responsible for correcting errors in your Account and refunding to you any charges or fees imposed on you as a result.
10. What should you do if the service is not available?
10.1 If for any reason you are unable to use the Service, it is your responsibility to use other means of effecting transactions and obtaining information.
11. Steps you must take to resolve errors or disputed transactions, or if you have a complaint
11.1 If you believe a transaction made using the Service is wrong or unauthorised or your Account statement contains any instances of unauthorised use or errors, you must notify us immediately. We are solely responsible for resolving your complaint. Later, but as soon as you can, you must give us the following information: a) your name, Account number, Date of Birth and residential address; b) the error or the transaction you are unsure about; c) a copy of the Account statement in which the unauthorised transaction or error first appeared; d) an explanation, as clearly as you can, as to why you believe it is an unauthorised transaction or error; and e) the dollar amount of the suspected error.
If your complaint concerns the authorisation of a transaction made using the Service, we may ask you to provide further information.
11.2 We will investigate your complaint, and if we are unable to settle your complaint immediately to your and our satisfaction, we will advise you in writing of the procedures for further investigation and resolution and may request further relevant details from you.
11.3 Within 21 days of receipt from you of the details of your complaint, we will: a) complete our investigations and advise you in writing of the results of our investigations: or b) advise you in writing that we require further time to complete our investigation. We will complete our investigation within 45 days of receiving your complaint, unless there are exceptional circumstances.
11.4 If we are unable to resolve your complaint within 45 days, we will let you know the reasons for the delay and provide you with monthly updates on the progress of the investigation and its likely resolution date, except where we are waiting for a response from you and you have been advised that we require such a response.
11.5 If we resolve your complaint by exercising our rights under the credit card scheme rules we will: apply the time limits under those rules to condition 11.3; comply with condition 11.4 as if the reference to "45 days" read "60 days" and the reference to "monthly updates" read "updates every two months"; inform you when you can reasonably expect a decision; and suspend your obligation to pay any amount which is the subject of your complaint or any credit or other charges related to that amount until your complaint has been resolved.
11.6 If we find that an error was made, we will make the appropriate adjustments to your Account including interest and charges (if any) and will advise you in writing of the amount of the adjustment.
11.7 When we advise you of the outcome of our investigation, we will notify you in writing of the reasons for our decision by reference to these Online Access Terms and Conditions and the E Payment Code of Conduct. If you are not satisfied with our decision, you may wish to take the matter further. You may, for instance, contact our appointed dispute resolution centre:
Credit and Investments Ombudsman (CIO)
Reply Paid 252
South Sydney NSW 1234
11.8 If we decide that you are liable for all or any part of a loss arising out of an unauthorised transaction made using the Service, we will: a) give you copies of any documents or other evidence we relied upon; and b) advise you in writing whether or not there was any system or equipment malfunction at the time of the relevant transaction.
11.9 If we fail to carry out these procedures or cause unreasonable delay in resolving your complaint, we may be liable for part or the entire amount of the disputed transaction where that failure or delay has prejudiced the outcome of the investigation.
12. What should I do if I think I have made a mistake?
If you tell us, using the Service, to make a payment or transfer and after we have made that payment or transfer you discover that:
the amount you told us to pay or transfer was greater than the amount you needed to pay or transfer, you should contact the recipient to obtain a refund; or you made a mistake in telling us to make a payment or transfer to a particular account, you should contact the recipient to obtain a refund.
In neither case will Lombard be responsible for any loss you may incur.
13. Changes to these terms and conditions
a) We may change these Terms and Conditions from time to time.
b) We will notify you in writing at least 20 days (or such longer period required by law) before we:
- impose or increase any fees or charges relating solely to your use of the access code;
- iincrease your liability for losses relating to transactions made using the Service;
- ior impose, remove or adjust daily or other periodic transaction limits applying to the use of the access code, your Account or the Service.
- Subject to any applicable legislation, we shall notify you of other changes to these Terms and Conditions no later than the day the change takes effect by:
- a notice on or with your Account statement;
- publishing a press advertisement;
- or notice to you when you access the Service.
c) If you do not wish your daily transaction limit to be increased you should notify us.
d) We are not obliged to give you advance notice if an immediate change to these Terms and Conditions is deemed necessary for the security of the Service, the system under which transactions using the Service are processed or an Account.
e) When you use the Service after notification of any such changes, you accept those changes and your use of the Service shall be subject to those changes.
f) Lombard reserves the right to vary the types of transactions that can be carried out using the Service.
14. Can we add further services?
We may provide additional products and services at any time.
15. Privacy and confidentiality
15.1 We collect personal information about you for the purposes of providing your products and services to you.
15.2 We may disclose that personal information to others in order to execute your instructions, where we reasonably consider it necessary for the provision of the Service or the administration of your Accounts, or if it is required by law.
15.3 If you use BPAY, we may disclose your personal and transactional information to other participants in BPAY in order to execute your instructions, including:
- Billers nominated by you;
- BPAY Pty Ltd and any agent appointed to it from time to time, including Cardlink Services Limited who provides the electronic systems to implement BPAY; and
15.4 You must notify us if any of your personal information changes and you consent to us disclosing your updated personal information to the parties in condition 15.3.
15.5 You may have access to the personal information we hold about you at any time by asking us, or to any of the personal information held by any of the parties in condition 15.3 by contacting them.
15.6 If your personal information is not disclosed to BPAY Pty Ltd or its agent, it will not be possible to process your BPAY Payment or to use BPAY View.
15.7 For more details about how we handle your personal information, please refer to our Privacy Statement on our website, www.lombardfinance.com.au.
16. BPAY Payments
16.1 USING BPAY
a) We are a member of BPAY. We will tell you if we are no longer a member of BPAY.
b) BPAY can be used to pay bills bearing the BPAY logo. We will advise you if and when other transactions can be made using BPAY.
c) Unless you are advised otherwise, you may use BPAY only to make payments from the Account.
d) When you tell us to make a BPAY Payment you must tell us the Biller's code number (found on your bill), your Customer Reference Number (e.g. your account number with the Biller), the amount to be paid and the Account from which the amount is to be paid.
e) You acknowledge that we are not required to effect a BPAY Payment if you do not give us all the information specified in condition17.1(d) or if any of the information you give us is inaccurate.
f) We will debit the value of each BPAY Payment and any applicable fees to the Account from which the relevant BPAY Payment is made.
g) If you instruct us to make any BPAY Payment, but close the Account to be debited before the BPAY Payment is processed, you will remain liable for any dishonour fees incurred in respect of that BPAY Payment.
h) You acknowledge that third party organisations (such as Billers or other financial institutions) may impose additional restrictions on your access to and use of BPAY.
i) A BPAY Payment from the Account is treated as a credit card purchase transaction.
j) You acknowledge that the receipt by a Biller of a mistaken or erroneous payment does not or will not constitute under any circumstances part or whole satisfaction of any underlying debt owed between you and that Biller.
16.2 PROCESSING OF BPAY PAYMENTS
a) A BPAY Payment instruction is irrevocable. You cannot stop a BPAY payment once you have instructed us to make it and we cannot reverse it.
b) We will treat your BPAY Payment instruction as valid if, when you give it to us, you use the correct access code.
c) You should notify us immediately if you think that you have made a mistake (except for a mistake as to the amount you meant to pay - for these errors see condition 16.2(h)) when making a BPAY Payment or if you did not authorise a BPAY Payment that has been made from your Account.
d) Generally, a BPAY Payment is treated as received by the Biller to whom it is directed on the date you direct us to make it, if we receive your instruction by 4.30pm Australian Eastern Standard Time on a Business Day; and on the next Business Day if we receive your instruction After 4.30pm Australian Eastern Standard Time on a Business Day, or on a non-Business Day.
e) Notwithstanding this, a delay may occur processing a BPAY Payment if there is a public or bank holiday on the day after you instruct us to make the BPAY Payment; or a Biller, or another financial institution participating in BPAY, does not comply with its BPAY obligations.
f) We will attempt to make sure that your BPAY Payments are processed promptly by participants in BPAY, and you must tell us promptly if you become aware of any delays or mistakes in processing your BPAY payment;you did not authorise a BPAY Payment that has been made from your Account; or you think that you have been fraudulently induced to make a BPAY Payment.
g) If we are advised that your payment cannot be processed by a Biller, we will advise you of this;credit your Account with the amount of the BPAY Payment; and take all reasonable steps to assist you in making the BPAY Payment as quickly as possible.
h) You must be careful to ensure you tell us the correct amount you wish to pay. If you make a BPAY Payment and later discover that the amount you paid was greater than the amount you needed to pay, you must contact the Biller to obtain a refund of the excess; or the amount you paid was less than the amount you needed to Bpay, you can make another BPAY Payment for the difference between the amount you actually paid and the amount you needed to pay.
i) If a BPAY Payment is made to a person or for an amount, which is not in accordance with your instructions (if any), and your Account was debited for the amount of that payment, we will credit that amount to your account. However, if you were responsible for a mistake resulting in that payment and we cannot recover the amount of that payment from the person who received it within 20 Business Days of us attempting to do so, you must pay us that amount.
16.3 BPAY TRANSACTION LIMITS
a) We may limit the amount of BPAY Payments you may make on any one day.
b) If at any time BPAY will allow transactions other than bill payments to be processed through BPAY, we will advise you accordingly however, we may limit the amount you may transact on any one day via BPAY on the other transactions.
c) We will advise you of all such transaction limits.
16.4 REFUSING BPAY PAYMENT DIRECTIONS
You acknowledge and agree that:
a) we may refuse for any reason to give effect to any instruction you give us in respect of a payment to be made via BPAY; and
b) we are not liable to you or any other person for any loss or damage which you or that other person may suffer as a result of such refusal.
16.5 YOUR LIABILITY FOR BPAY PAYMENTS
a) Your liability for unauthorised and fraudulent BPAY Payments will be determined in accordance with condition 7.
b) If you notify us that a BPAY Payment made from your Account is unauthorised, you must provide us with a written consent addressed to the Biller who received that BPAY Payment allowing us to obtain information about your account with that Biller as is reasonably required to investigate the payment. If you do not give us that consent, the Biller may not be permitted under law to disclose to us the information we need to investigate or rectify that BPAY Payment.
16.6 COMPLAINTS, REVERSALS AND CHARGEBACKS
Disputes and complaints in relation to BPAY Payments will be handled in accordance with condition 12.
No chargebacks or reversals will be provided through the BPAY scheme where you have a dispute with the Biller about any goods or services you may have agreed to acquire from the Biller including where the merchant may have failed to deliver the goods and services to you. This condition operates with respect of BPAY Payments sourced from credit card accounts notwithstanding any statement to the contrary contained in any credit card scheme rules.
16.7 CONSEQUENTIAL DAMAGE
a) This condition 16.7 does not apply to the extent that it is inconsistent with or contrary to any applicable law or code of practice to which we have subscribed. If those laws or that code would make this condition illegal, void or unenforceable, this condition is to be read as if it were varied to the extent necessary to comply with those laws or that code or, if necessary, omitted.
b) We are not liable for any consequential loss or damage you suffer as a result of using BPAY, other than loss due to our negligence or in relation to any breach of a condition or warranty implied by the law of contracts for the supply of goods and services which may not be excluded, restricted or modified at all, or only to a limited extent.
c) You indemnify us against any loss or damage we may suffer due to any claim, demand or action of any kind brought against us arising directly or indirectly because you did not observe any of your obligations under this condition 16 or acted negligently or fraudulently in connection with this condition 16.
16.8 TRANSACTION AND OTHER FEES
a) We will advise you whether we charge any fees, and the amount of such fees (including any dishonour fee), for: any BPAY Payment; giving you access to BPAY; or any other service provided in relation to BPAY, including error corrections.
b) We will also advise you whether we will debit to you any government charges, duties or taxes arising in respect of a BPAY Payment.
c) We may charge you with dishonour fees for any future-dated BPAY Payments which have failed due to insufficient available credit in the relevant Account.
a) We may change this condition 16 and BPAY fees and charges from time to time.
b) We will give you one month notice of any change by notice on or with periodic Account statements, direct written notice to you, or press advertisement in the national or local media.
c) If we give notice of our intention to increase your daily limit or transaction amount limit using BPAY and you do not wish either to be increased, you must notify us before the notified effective date of change. Otherwise, once you access the increased daily or transaction amount limit, you will be deemed to have consented to the increase.
d) BPAY is owned and operated by third parties. If the rules and regulations of BPAY require that this condition 16 be changed, in any way at any time, (including without prior or full notice to you) then we will have the right to change this condition 16 accordingly.
16.10 CANCELLATION OF BPAY ACCESS AND INTERNET ACCESS
a) You may cancel your access to BPAY at any time by giving us written notice.
b) We may immediately cancel or suspend your access to BPAY at any time for security reasons or if you breach this condition 16 or the terms and conditions of your Account.
c) We may cancel your access to BPAY for any reason by giving you 30 days notice. The notice does not have to specify the reasons for cancellation.
d) If, despite the cancellation of your access to BPAY, you carry out a BPAY Payment using the access code, you will remain liable for that BPAY Payment.
e) Your access to BPAY will be terminated when:
- we notify you that your access code or the Account with us has been cancelled;
- you close the last of your Accounts with us which has BPAY access;
- you are in default under your account
- you cease to be our customer;
- your access to Online Access ceases; or
- you alter the authorities governing the use of your Account or Accounts with BPAY access (unless we agree otherwise).