Terms and Conditions

• Resimac Limited ACN 002 997 935 (we/us/our) as manager of loans made by Perpetual Trustee Company Limited ACN 000 001 007 (the Lender).
  
  This section governs how you can access your account. A reference to we/us in this section includes the third party providing the Access Methods. A reference to you/your includes all account holders. By using the Access Methods, you agree to be bound by these access terms.
  
  
  WARNING: Account names
  Please be warned: even if we ask you for account name details before processing a transfer to another account, that account name will not be cross checked against the account name of the recipient account. It is not possible for us to ensure that account names and numbers match. It is therefore possible to transfer funds to an account where the account name you state does not match the account name of the recipient account.

• General
• Access Methods
• Security
• Liability
• Miscellaneous

• General

• 1. ePayments Code
  We will use reasonable endeavours to comply with the ePayments Code when our dealings with you fall under that code


• 2. How can you access your account?
  2.1 We may offer you access to your account by the following access methods:
  
  • internet (including through the use of an app)
  • BPAY®
  • Visa Loan Access Debit Card
  These are known as ‘Access Methods’. Some or all of the Access Methods may not always be available. You can contact us to check the Access Methods that are available.
• 2.2 We may tell you how to use the Access Methods from time to time.
• 2.3 The Access Methods may be subject to fees contained in your Credit Contract, or restrictions, such as daily transaction limits set by us.
• 2.4 When you use the Access Methods, merchants and other institutions may charge additional fees and may impose additional obligations or restrictions (for example, minimum spend rules).
• 2.5 We may provide you with access authorisation and authentication tools and/or codes, including a PIN, a One Time Passcode, user ID (all included in the term ‘access codes’ in these terms and conditions) or password to access the Access Methods. We may cancel or suspend an access code at any time without notice if we reasonably believe its use may result in loss to you or to us.
• 2.6 Please be aware that if you use the Access Methods through a mobile app, you may be able to access the mobile app through biometric data if you choose this option. Biometric data is not stored by us.

• Access Methods

• 3. Who can use the Access Methods?
  
  WARNING: If you have entered into this loan as a joint borrower, any borrower authorised to use the Access Methods can bind the other borrower. Any of you will be able to access the account. All borrowers will be obliged to repay any and all amounts owing, even if a borrower did not benefit equally from the funds. or there was an arrangement between the joint borrowers. You should maintain significant security in relation to the Access Methods.
• 3.1 We may give access to your account, and process any transactions made by any person supplying the relevant valid access code(s). We can debit your account and you are liable for all transactions conducted by anyone you’ve given your access codes to (even if that transaction is not authorised by you).
• 3.2 You may instruct us to block access to your account using the Access Methods.
  
  
  WARNING: Some companies provide account aggregation services that allow you to view account information from different institutions on the one webpage, or download your account statements. These companies usually require you to give them your access codes. We do not endorse, promote, or authorise the use of account aggregation services in connection with your account(s). If you disclose any access code(s) to another person, you will be liable for any transactions on your account(s) made by that person using that access code(s).

• 4. Your instructions
• 4.1 When you use the Access Methods, your instructions may be carried out if they:
  
  • (a) are permitted by these access terms; and
  • (b) comply with the directions on how to use these access terms.
• 4.2 We may postpone processing a transaction if we need further information from you or a third party.
• 4.3 When you or anyone authorised by you gives us instructions using the Access Methods, we may not be able to stop the transaction authorised by those instructions. You are responsible for ensuring that the instructions are correct.
• 4.4 When you transact using electronic Access Methods, you can be provided with an electronic receipt.

• 5. Outbound direct debits
• 5.1 We may allow you to arrange outbound direct debit payments from your account.
• 5.2 You must give us correct information. You are liable for any debits we carry out in accordance with your instructions.
• 5.3 We may permit you to arrange recurring debits.
• 5.4 We will decide the order in which debits will be processed.
  
• 5.5 We do not guarantee that any debit will be made on the day or at the time requested. We will endeavour to complete the transaction as soon as practicable after the requested time.
• 5.6 We have the right to decline your authorisation for any transaction if we are uncertain for any reason of the authenticity or validity of the authorisation or your legal capacity to give the authorisation. We will not be liable to you or any other person for any loss or damage which you or such other person may suffer as a result of us declining an authorisation under clause 5.6.
• 5.7 To the extent permitted by law, we are not liable for any loss or damage you suffer as a result of using any Access Method or any delay omission or failure in respect of any payment.

• 6. Direct debit
• 6.1 You can arrange for a direct debit to be drawn from your account and paid to another account by supplying us with written authorisation. A direct debit can be set up through internet access or by contacting us.
• 6.2 You can authorise a third party to debit your account with us by providing them with written authorisation.
• 6.3 You must ensure that there are sufficient cleared funds to process a debit. If we try to process a debit and you have insufficient available funds, then the debit may be dishonoured and we may charge you a fee.
• 6.4 Where the date for a debit falls on a day which is not a Business Day, you must ensure that your account has enough money for the debit to be processed on the next Business Day. Day

• 7. Altering or stopping a debiting service
• 7.1 We may terminate the debit service at any time without notice including without limitation where:
  
  • (a) it is not or will not be possible for us to access the systems we use to provide these services for reasons beyond our control, or due to system outages for any reason, or schedule maintenance or outages that we notify you about;
  • (b) there are insufficient available cleared funds in your account or the account is closed;
  • (c) the debit was made in error;
  • (d) the account to which payment is to be taken from is closed; or
  • (e) we are advised by the recipient of a debit that the debit is no longer required.
• 7.2 In circumstances where the debiting has been arranged by you through a third party, then the arrangement will need to be altered, cancelled or stopped by notifying the third party.

• 8. Internet access
• 8.1 We may provide you with access to your account/s via internet access. You are responsible for arranging your own internet connectivity to for such access.
• 8.2 You may use internet access to obtain account information, to transfer money to your external nominated account, or to process a ’pay anyone’ (payment to third parties) and between your loan accounts, and to access BPAY®.
• 8.3 In order for us to facilitate a transaction, you must have sufficient cleared funds in your account.
• 8.4 If you arrange to send a payment to another institution, we will direct the transaction electronically to the intended account using only the BSB and account number provided by you. The account name is not used to validate that the transaction has been posted to the correct account.
• 8.5 You must ensure the BSB and account number details for any payments are correct because we are not liable to you for transactions that are directed to an incorrect account.

• 9. BPAY®
• If a BPAY transaction is made after 6:00pm Sydney time or on a non-business day, the transaction may be processed the following business day subject to the biller’s financial institution and processing times. Specific limits may apply to BPAY® payments.

• 10. Recorded transactions
• We can, at our discretion, make electronic copies (including recordings) of or monitor any transaction conducted via the internet or telephone access for the purpose of accuracy and security.

• 11. Transaction processing times
• 11.1 If we are instructed to do so, we will credit amounts to your account, as soon as practicable after we receive them. Those amounts are then not available until they are cleared (which in some cases, may take up to 5 business days).
• 11.2 Any request for an account balance or information you make in relation to any account that is regulated by the National Credit Code is not a request under section 36 of that Code.

• 12. Visa Loan Access Debit Card
• 12.1 You must sign your card as soon as you receive it.
• 12.2 Do not give our card to anyone else (including family or friends) or allow anyone else to use it.
• 12.3 You must always keep your card with you and check regularly that you still have it.
• 12.4 We may approve your appointment of an additional cardholder. You are responsible for that additional cardholder understanding these terms and, you are liable for transactions that the additional cardholder makes.
• 12.5 You may cancel the authority of an additional cardholder by contacting us.

• 13. Purchasing goods or services with your card
• 13.1 Your account will be debited with any purchases made using your card.
• 13.2 We are not responsible if a merchant refuses to accept your card.
• 13.3 The merchant may charge a different price for goods or services when you pay with card rather than with cash.
• 13.4 We do not accept any responsibility for the goods or services purchased with your card.
• 13.5 You should ensure that the correct amount is entered at the terminal or written in the total box on the sales voucher before you authorise the transaction. As your instructions to us to debit your account and pay another person will be regarded as being final and irrecoverable once processed, you must contact the merchant with any disputes regarding incorrect charges.
• 13.6 The amounts shown on each sales voucher and withdrawal slip are sufficient evidence of the price of the goods or services to which the voucher or withdrawal slip relates.
• 13.7 You must not use your card to pay for any illegal purchase.

• 14. Obtaining cash with your card
• 14.1 We will debit your account with any cash withdrawals you make using your card.
• 14.2 Individual ATMs or EFTPOS terminals may not have money available and may not accept your card. Contact us if an ATM retains your card.
• 14.3 You may use your card to obtain cash from your account subject to your daily transaction limit, and the specific conditions of the ATM or EFTPOS supplier. When completing a transaction, you must ensure that the details are correct prior to authorisation, and you should keep any receipt or voucher issued.

• 15. Transactions outside Australia with your card
• 15.1 Your card can be used overseas through any ATM or bank branch displaying the logo of your card. When used overseas, foreign currency amounts will be converted into Australian dollars as at the date they are processed. The amount debited to your account will include currency conversion charges.
• 15.2 Use of an overseas ATM or bank is subject to their terms and conditions.
• 15.3 A fee may be charged by the foreign institution when you use your card at an ATM or bank overseas.

• 16. No deposits at an ATM
• You may not make a deposit into your account at an ATM.

• 17. Expiry date of your card
• 17.1 Your card is only valid during the period stated on the card. You must destroy an expired card, and not use your card after the expiry date.
• 17.2 We may automatically issue a new card you before the expiry date without notifying you.

• 18. Replacement cards
• You may order a replacement card at any time by contacting us. A fee may apply for issuing the replacement card.

• 19. Lost or stolen cards
• You must immediately report a lost or stolen card. Within Australia call 1800 648 027. Outside Australia, call +61 2 8299 9101.

• 20. Cancelling your card
• 20.1 The card remains our property at all times. We may cancel your card at any time, even if:
  • (a) you are not in default; or
  • (b) we have not cancelled your account.
• 20.2 You may cancel your card at any time by contacting us.
• 20.3 If you or we cancel your card:
  • (c) you must immediately destroy the card(s); and
  • (d) we may refuse to honour any transactions using the cancelled card(s) which take place after cancellation.
• 20.4 You will be liable for authorised transactions on your card before and after that card has been cancelled.

• Security

• 21. General
• 21.1 You must keep your access codes (and any records of the details of these codes) secure..
• 21.2 You must do everything necessary to ensure that your access codes including secret questions are not misused, lost or stolen. If any of the access codes are misused, lost or stolen, you must tell us as soon as possible. If you breach any term in this document, you may be held liable for any unauthorised transactions.
• 21.3 You should contact us about any problems or questions relating to the Access Methods.

• 22. Access security
• 22.1 You must always act with care and protect the security of your access codes. Memorise your access codes, and destroy any correspondence notifying you of an access code.
• 22.2 You must not:
  
  • (a) disclose voluntarily to anyone (including family or friends) any of your access codes;
  • (b) record any access code on a device (such as a smartphone) that could be used to perform a transaction, or anything carried with the device or anything liable to loss or theft with the device, unless you make a reasonable attempt to protect the security of the access codes; or
  • (c) keep a written record of all or any access codes required to perform a transaction on one or more things which are likely to be lost or stolen at the same time, without making a reasonable attempt to protect the security of the access codes.
• 22.3 You must act with care to protect the security of your access codes – for example, never store an access code in an unprotected notebook or under a heading ‘internet access password’.
• 22.4 If you choose your own access code, you must not select numbers or words which represent your date of birth, your name, or any other combination of numbers or letters which can be readily identified with you.
• 22.5 You must always log off from internet access and close your browser once you have finished an internet access session. If you are using a public computer of mobile device, you must clear the computer or device cache or history after using internet access.
• 22.6 You should take appropriate steps to ensure any device you use to access an electronic access channel is protected against computer viruses and unauthorised access.

• Liability

• 23. Our liability
• If your account is a business account, you are liable for all transactions made on your account, whether they are authorised by you or not. The provisions under ‘Liability’ in this document do not apply.

• 24. Our liability
• 24.1 Subject to any warranties implied by law that cannot be excluded, we are not responsible for, or liable for loss, damage, or interruption arising out of:
  
  • (a) errors, inaccuracies, omissions, interruptions, viruses or defects where you were aware, or should have been aware, that the electronic services or any system or related equipment was malfunctioning, other than the refund of any charges or fees imposed on you as a result of the system being unavailable or malfunctioning;
  • (b) reliance on information obtained through use of the electronic services; or
  • (c) failure of the electronic services to perform a function in whole or in part.
• 24.2 If an error, inaccuracy or omission occurs and you advise us in writing, we will endeavour to correct the problem within three business days of notification. If we cannot, we will inform you when we expect to complete the correction.
• 24.3 Your access to electronic services may be automatically denied after unsuccessful attempts to enter the relevant access codes. If this happens, you must contact us to obtain access to the electronic services.

• 25. When you are not liable for losses – electronic Access Methods
• 25.1 If transactions not authorised by you are processed on your account, you must inform us as soon as you become aware of these. You will not be liable for unauthorised transactions:
  
  • (a) if it is clear that you have not contributed to the loss, or for transactions that you could not have known about;
  • (b) when they are caused by the same transaction being incorrectly debited more than once to the same account;
  • (c) which took place before you received any relevant access code;
  • (d) that are caused by the fraudulent or negligent conduct of our employees or agents, a third-party supplier company involved in our networking arrangements or by merchants, or their employees or agents;
  • (e) which relate to a device or access code which is forged, faulty, expired or cancelled;
  • (f) that occur after you inform us that your access code has been lost or stolen or the security of the access code has been breached; or
  • (g) that result from an unauthorised transaction that can be made using an identifier without an access code

• 26. When you will have limited liability for losses – electronic Access Methods
• 26.1 If it’s not clear whether you’ve contributed to the loss caused by an unauthorised transaction that required one or more access codes, the amount of your liability will be limited to the least of:
  
  • (a) $150;
  • (b) the actual loss at the time we’re notified that the security of your access code or PIN was breached or used without your permission (limited by the applicable daily or period transaction limits over the relevant timeframe); the credit limit (if any) of the account from which value was transferred in the unauthorised transaction.

• 27. When you will be liable for losses – electronic Access Methods
• 27.1 If we can prove on the balance of probability that you’ve contributed to the loss by:
  
  • (a) acting fraudulently; or
  • (b) breaching any security terms set out in this document,
    your liability will extend to the total loss suffered before you report the loss, theft or misuse of a device or breach of access code security to us.
• 27.2 You will not be liable for any portion of the losses incurred:
  • (a) on any one day that exceed any relevant daily transaction limit;
  • (b) in a period that exceeds any other applicable periodic transaction limit applicable to the relevant period;
  • (c) that exceeds the credit limit (if any) applying to your account during the period; or
  • (d) on any account that you and we agree could not be accessed by way of the Access Methods.
• 27.3 Where more than one access code is required to perform a transaction and:
  
  • (a) we prove that the security of an access code(s) has been breached, but not all of the required codes; and
  • (b) we reasonably believe on the balance of probability that a breach of security of the access code(s) by the account holder contributed to more than 50% of the fault for the losses when assessed together with all the other contributing causes, then you will be deemed to have contributed to and are liable for the actual losses which occur before we are reasonably notified after you become aware of the loss, theft or misuse of your access code or a breach of the access code security requirements.
• 27.4 To the extent permitted by law, you indemnify us against any reasonable loss or damage we may suffer due to any action of any kind brought against us because you:
  
  • (a) did not observe any of your obligations; or
  • (b) acted negligently or fraudulently in respect of your account.

• 28. Liability for unreasonably delaying notification
• 28.1 If we can prove on the balance of probability that you have contributed to a loss caused by an unauthorised transaction by unreasonably delaying notification that the security of your access codes have been compromised after you become aware of the loss, theft or breach, you will be liable to us for the actual losses incurred between:
  
  • (a) the time you first became aware (or should reasonably have become aware) of any of these events; and
  • (b) the time we are actually notified of the relevant event;
    however, you will not be liable for any loss on any day, or in any period which exceeds any applicable transaction limit for that day or period, and you will not be liable for loss in excess of the credit limit (if any) of your account.

• 29. Liability caused by equipment malfunctions
• 29.1 You are not responsible for any loss caused by the failure of a system or equipment provided by anybody to a shared electronic network to complete a transaction accepted by the system or equipment in accordance with your instructions.
• 29.2 If you incur loss as a result of a shared electronic network being unavailable or malfunctioning, and you should reasonably have been aware of the unavailability or malfunction, our liability is limited to:
  
  • (a) correcting any errors; and
  • (b) reducing any fees or charges imposed on you.
• 29.3 To the maximum extent permitted by law, we’re not responsible for:
  
  • (a) errors, inaccuracies, interruptions, viruses/defects due to any system or equipment failing to complete a transaction;
  • (b) delays resulting from any network, system or equipment failing to support the interactive service; or
  • (c) any internet access service or telephone access service or equipment failing to complete your transaction instructions.
• 29.4 If we’re responsible for any loss caused by the failure of a system or equipment provided by us, our liability is, to the maximum extent permitted by law, limited to the cost of re-supplying the service.

• 30. Liability for BPAY® payments
• 30.1 If a BPAY® payment is unauthorised or is made from your account otherwise than in accordance with your instructions, we will credit your account for the amount of the payment.
• 30.2 If a BPAY® payment is fraudulently made by someone involved in the BPAY® scheme, then that person should refund you that payment.
• 30.3 If that person doesn’t refund the payment you have to bear the loss unless some other person in the BPAY® scheme:
  • (a) knew of the fraud; or
  • (b) would have detected it with reasonable diligence that person must refund you the payment.
• 30.4 We are not liable for any indirect loss or damage you may suffer as a result of using the BPAY® scheme, unless we:
  • (a) acted negligently; or
  • (b) breached any condition or warranty in regard to the supply of goods and services, which can’t be excluded or limited under law.
• 30.5 You indemnify us against any loss or damage we may suffer due to any action of any kind brought against us because you:
  • (a) didn’t observe any of your obligations; or
  • (b) acted negligently or fraudulently in regard to this account.

• 31. Mistaken internet payments
• 31.1 A mistaken internet payment occurs when you make a transfer of money by internet access, and that money goes to an unintended recipient because:
  
  • (a) you entered the destination account details incorrectly; or
  • (b) you are not provided with the correct destination account details.
• 31.2 You should report a mistaken internet payment to us as soon as you become aware of it.
• 31.3 If you report the suspected mistaken internet payment within 10 business days of making the payment:
  
  • (a) we will contact the financial institution that received the payment;
  • (b) if there are sufficient funds available in the destination account and both we and the destination financial institution are satisfied that a mistaken internet payment has occurred, we will request the money back;
  • (c) the other financial institution must return the funds to us within 5 to 10 business days of receiving our request; and
  • (d) upon receipt of the funds by us, we will return the funds to your account as soon as practicable.
• 31.4 If you report the suspected mistaken internet payment between 10 business days and 7 months of making the payment;
  
  • (a) we will contact the financial institution that received the payment to find out if there are sufficient funds in the destination account to refund the payment;
  • (b) if we are satisfied that a mistaken internet payment has occurred, we will ask the destination financial institution investigate;
  • (c) the destination financial institution should complete their investigation within 10 business days;
  • (d) if the destination financial institution is satisfied that a mistaken internet payment has occurred, they should prevent the holder of the destination account from withdrawing the amount of the mistaken internet payment for 10 business days;
  • (e) the destination financial institution should then notify the recipient that the funds representing the mistaken internet payment will be withdrawn from their account unless they can prove that they are entitled to the funds within 10 business days; and
  • (f) if the recipient cannot prove this, we will return the funds to your account as soon as practicable after receiving the funds which may be within two business days following the recipient’s failure to prove.
• 31.5 If you report the suspected mistaken internet payment after 7 months of making the payment:
  
  • (a) we will contact the financial institution that received the payment to find out if there are sufficient funds to refund the payment in the destination account;
  • (b) if we and the destination financial institution are satisfied that a mistaken internet payment has occurred, the destination financial institution should seek the consent of the recipient to have the funds returned;
  • (c) if the recipient consents, the destination financial institution must return the funds to us; and
  • (d) upon receipt of the money to us, we will return the funds to you as soon as practicable.
• 31.6 If you report the suspected mistaken internet payment to us, and there is sufficient funds in the destination account to refund the payment, but the destination financial institution is not satisfied that a mistaken internet payment has occurred then:
  
  • (a) the destination financial institution may seek the consent of the recipient to return the funds;
  • (b) if the recipient consents, the destination financial institution must return the funds to us; and
  • (c) when we receive the funds, we will return the funds to your account as soon as practicable.
• 31.7 If you report a suspected mistaken internet payment to us, and we and the destination financial institution are satisfied that a mistaken internet payment has occurred, but there is insufficient funds to return the payment to you then the destination financial institution must use reasonable endeavours to retrieve the funds
• 31.8 If you report a suspected mistaken internet payment to us, but we are not satisfied that a mistaken internet payment has occurred, we are not required to take any further action. We may ask the destination financial institution to investigate. You will be liable for any loss arising from such a payment.
• 31.9 We will always tell you the outcome of a reported mistaken internet payment in writing within 30 business days of the report being made.

• Miscellaneous

• 32. Changes, suspension and termination of Access Methods
• 32.1 without notice subject to any applicable laws or relevant codes of conduct to which we have subscribed.
• 32.2 We do not warrant that any of the Access Methods will operate at any time. You should promptly advise us of any faults or unavailability of an access method.
• 32.3 The Lender provides access to the Loan Access System and enters into the agreement only in its capacity as a trustee of a trust and in no other capacity. Any liability or obligation of the Lender arising under or in connection with this agreement is limited to and can be enforced against the Lender only to the extent to which it can be satisfied out of the assets of the trust out of which the Lender is actually indemnified for the liability.

• 33. Changes to access terms
• We may vary these access terms at any time by written notice to you.