INTERNET BANKING TERMS AND CONDITIONS ONLINE ACCESS OF ACCOUNTS

1. Interpretation

Please read these Terms and Conditions carefully as they place certain requirements and liabilities on you.

1.1 These terms and conditions are in addition to and are to be read in conjunction with:

(a) our standard terms and conditions for operating accounts (see: [insert link to standard terms and conditions for operating accounts on website];

(b) our Privacy Policy (see: [insert link to Privacy Policy on website]

1.2 If there is any inconsistency between these Internet Banking Terms and Conditions and the terms and conditions set out in clause 1.1 above, the following order of precedence will apply: These Internet Banking Terms and Conditions, the standard terms and conditions for operating accounts and the Privacy Policy

1.3 In these terms and conditions:

(a) “Account” and “accounts” means all accounts associated with the customer number specified on your Internet Banking Application Form (the “Customer Number” which we have determined are accessible by Internet Banking.

(b) “Available Funds” means the amount of available cleared funds that you are able to withdraw.

(c) “Business Day” means any day other than Saturday, Sunday or NZ Public holidays, that we are open for business in New Zealand.

(d) “Electronic Payments” means the payment of funds by Internet Banking from your Current Saver Account(s) to external parties including Automatic Payments, Bill Payments and Bill Pay-Anyone.

(e) “Internet Banking” means the online deposit and accounts management service provided by us to you in connection with your accounts and subject to these terms and conditions.

(f) “Password” means the password chosen by you for access to your accounts via Internet Banking.

(g) “You” and “your” means the customer identified on the Internet Banking Application Form by name and by Customer Number.

(h) “We”, “our” or “us” mean Southern Cross Building Society and includes our officers, employees, and our agents and representatives.

2. Internet Banking

2.1 You must be at least 16 years of age before you can apply for Internet Banking.

2.2 When you apply in person for Internet Banking, we will set up your access to Internet Banking. In setting up access, we are making an offer to provide you with the use of our Internet Banking facility under the Terms and Conditions as set out in this document.

2.3 You will be required to enter a Password for use with Internet Banking at the time of applying.

2.4 By completing our application requirements you acknowledge that you understand and accept these terms and conditions, and acknowledge that use of your Customer Number and Password provides sufficient authority for us to process transactions on your accounts.

2.5 To ensure that you are accessing Internet Banking within a safe and secure environment, you need to make sure that your internet browser is capable of supporting the encryption requirements of our website (as updated by us from time to time). We recommend that you upgrade your browser to the latest version available. As well as being able to fully access the navigation on our website, it will also provide you with a more secure browsing experience.

3. Passwords and Security

3.1 You agree:

(a) that the Password you choose to access Internet Banking will not be the same as, or similar to, any other personal identification that may easily be guessed or identified as relating to you, or is an obvious combination of letters and numbers (e.g. sequential numbers, birth date, etc);

(b) to periodically change your Password;

(c) to ensure that your Password is kept secure and not disclosed to anyone and in particular that you are not observed when entering your Password on your computer;

(d) to check your accounts carefully and to promptly advise us on any error or discrepancy or unauthorised transaction;

(e) to notify us immediately if your Password has become known to anyone other than you;

(f) to establish and maintain (i.e. keep up to date) appropriate anti-virus and other security software on your computer to protect you from theft and unauthorised use of Internet Banking;

(g) that if you knowingly use a computer that contains software that has the ability to compromise passwords and/or customer information (such as spyware), you will be infringing these terms and conditions and we will not be liable for any losses that you may suffer as a result; and

(h) to always use the “log off” button when you have finished using Internet Banking.

3.2 You agree not to:

(a) select an unsuitable password such as family or street names, birth dates, sequential numbers, parts of personal telephone numbers or other easily accessible personal data, or number or letter combinations that may be easily identified;

(b) make your password known to any other person;

(c) keep any written or electronic record of your password in a form that it can be readily identified;

(d) leave your computer unattended when logged on to Internet Banking (or any other service offered on this website);

(e) open attachments or run software from untrusted or unknown sources; or

(f) use “untrusted” or shared computers when accessing Internet Banking, such as computers at internet cafes. These computers could be running programs that could potentially compromise your security and gain unauthorised access to your accounts.

4 Instructions

4.1 You are responsible for all instructions authorised by a Password for your account regardless of whether that instruction is from you or from another person with or without your knowledge or consent. You agree that we may assume the authenticity of any instructions authorised by a Password for your account and rely on those instructions without any enquiry as to the authority or identity of the sender of that instruction.

4.2 You must notify us immediately if you become aware of any unauthorised transaction on an account or unauthorised use of Internet Banking.

4.3 It is your responsibility to use other means of affecting transactions and giving and obtaining information if for any reason Internet Banking is unavailable for use or malfunctioning.

4.4 You agree that you will not use Internet Banking for any purpose other than carrying out lawful transactions and enquiries on your account.

4.5 We may in our absolute discretion:

(a) conclusively determine the order of priority of payment by us of any monies pursuant to an instruction, which you may now or hereafter give to use or draw on your account;

(b) refuse to make any one or more payments pursuant to an instruction where there are insufficient cleared funds available in your account; and

(c) set transaction limits or daily limits that restrict your ability to confirm payment instructions, in respect of any one transaction or any transactions within a day, to a specific dollar amount.

4.6 Electronic Payments programmed for immediate payment will only be paid if there are sufficient cleared funds in the payment account on the business day the payment is processed. For Electronic Payments that are programmed in advance, if there are insufficient cleared funds on the business day the payment is processed, the payment will be attempted the following business day. If there are still insufficient cleared funds after that period, the payment will be cancelled and a fee charged.

4.7 We will endeavour to make the electronic payment you request but we accept no responsibility or liability for any refusal or omission to process any or all Electronic Payment instructions, or for late payment. In particular, we accept no responsibility or liability for the accuracy of the information you supply to us when setting up, changing or deleting bill payees or when issuing or processing the payment instructions. In the case of an instruction to make a future-dated Electronic Payment, you may cancel that instruction up until 6.30pm on the last Business Day before the Electronic Payment is due to be made.

4.8 You are responsible for entering the correct account numbers that you are transferring funds to, and all other online transaction details, in respect of any Electronic Payment. Any transposition of numbers will mean that the funds may be sent to an incorrect account thus making deposits to unintended persons. In the event of loading an incorrect payee data, you are responsible for recovering the money from the third party.

4.9 We will endeavour to process your Electronic Payments within the following timeframes:

(a) Transactions made before 6:30pm on a business day, on that day;

(b) Transactions made after 6:30pm, or on a non-business day, on the next business day.

4.10 The Pay Anyone facility allows you to transfer cleared funds from your account to any Bank account within New Zealand, up to a maximum daily limit of $1,000. If a higher daily limit is required, you need to apply for an increased limit through any of our Branches. The Pay Anyone facility will only be able to be activated from your Current Saver Account.

4.11 We will do our best to ensure that the Pay Anyone facility will be able to be accessed continuously and will not be responsible for any loss that the customer might suffer in the event that the facility is down due to a systems failure.

4.12 Use of Internet Banking means that you agree to provide (and receive) information through electronic means. This means you agree to provide any relevant information, documents and attachments in the format and to the standards described for each transaction. It also means you agree and understand that the information will be retained in electronic form.

4.13 Internet Banking is provided through a secure website. However, you acknowledge and agree that Internet transmissions are never entirely secure or private, and that any message or information you send to or through the website (including credit card information) may be read or intercepted by others, even where a website is stated as being secure. We have no liability for the interception or ‘hacking’ of data through the website by unauthorised third parties.

5. Withdrawal of service

5.1 We may at any time with written notice withdraw your access to Internet Banking. We may immediately suspend or withdraw your access to Internet Banking at any time without prior notice if:

(a) you breach any of these terms and conditions;

(b) we learn of your death, bankruptcy or lack of legal capacity, or that you have committed an act of bankruptcy, or that a bankruptcy petition has been presented against you;

(c) there are insufficient cleared funds to cover payments or payment instructions given;

(d) you have acted fraudulently; or

(e) we consider we have other reasonable grounds to do so.

6. Allocation of liabilities

6.1 You are not liable for any losses:

(a) where it is clear that you have not contributed to those losses;

(b) that are caused by the fraudulent or negligent conduct of our employees or agents; or

(c) resulting from faults occurring in our online systems or software, unless the faults are obvious or advised by message or notice on display.

6.2 You will be liable for all loss, including loss suffered by other persons, if you act fraudulently, either alone or together with any other person.

6.3 You may be liable for some or all of the loss from unauthorised transactions if you have contributed to or caused that loss, for example by failing to comply with these terms and conditions. If you have not acted fraudulently or negligently and have not contributed to or caused losses from unauthorised use, your liability for any loss occurring before notifying us is limited to:

(a) the balance of your account(s), including any pre-arranged credit; or

(b) the actual loss at the time you notify us.

6.4 If you have not acted fraudulently or negligently but have contributed to or caused losses from unauthorised transactions, you may be liable for some or all of the actual losses occurring before you notified us except for:

(a) that portion of the total losses incurred on any one day that exceeds the Transaction Limit applicable to your account(s); and

(b) that portion of the total losses incurred that exceeds the balance of your account(s), including any pre-arranged credit.

6.5 To the extent permitted by law, the provisions of the Consumer Guarantees Act 1993 will not apply where you use Internet Banking for business purposes. In all other circumstances (and irrespective of anything else stated in these terms and conditions), but subject to us complying with our duty to exercise reasonable care and skill and other obligations under the Consumer Guarantees Act 1993, we are not liable to you and accept no responsibility for any loss, damage, cost or expense whether direct or indirect, consequential or economic which arises in connection with any one or more of the following:

(a) your use of Internet Banking or this website (in particular, we do not warrant the accuracy, adequacy or completeness of the information contained in this website); or

(b) any unauthorised use of your password; or

(c) any system or telecommunications link failure; or

(d) any fault, error or defect in design or engineering of Internet Banking ; or

(d) any delay or non-performance by us resulting from matters beyond our reasonable control.

7. Variations

7.1 These terms and conditions continue to apply until we give you notice of any changes.

7.2 We can change the user requirements, application and operating system specifications, format or content of Internet Banking at any time without prior notice to you.

7.3 From time to time we will need to communicate with you about changes to the terms and conditions which apply to your use of Internet Banking. You agree that these notices will be communicated to you in writing or posted on our internet banking website.

8. Statements

You are able to view and print statements of all your eligible accounts covering historical transactions for the preceding 3-month period via Internet Banking and no paper statements will be mailed to you.

9. fees

9.1 All fees and charges in relation to Internet Banking will be in addition to standard account, transaction and other customer fees. Fees and charges in relation to a service will be debited to your nominated billing account, together with any relevant taxes, charges or duties levied by any government body.

9.2 If there are insufficient funds in your nominated billing account, you authorise us to debit the fees or charges to that account [even if that causes that account to become overdrawn or increases an existing overdraft on that account].

9.3 If you close your nominated billing account, we will automatically select another account to which fees and charges relating to Internet Banking may be debited.

10 Termination

10.1 We may suspend or cancel your access to Internet Banking at any time without giving you any notice when we reasonably believe that there is a risk of fraud or a security breach. If you do not use Internet Banking for 12 months, we may cancel your access to Internet Banking without notice to you. We do not accept any responsibility for any loss you may suffer as a result of your access to Internet Banking being suspended or cancelled.

10.2 You may cancel your use of Internet Banking at any time by giving us written notice. You will remain responsible for any transactions made on your account and any fees incurred until your access to Internet Banking has been cancelled.

11 Indemnity

11.1 You agree to indemnify and hold us harmless for any loss or damage suffered by us, our customers, or a third party or for any claim or action brought against us resulting from your misuse of Internet Banking or any loss suffered by us which results from the unauthorised access to or use of your account through Internet Banking which you have contributed to by failing to comply with these terms and conditions.

12 Your warranties

12.1 In using Internet Banking, you represent and warrant that you are over 16.

12.2 If you are using an account operated by us, you represent and warrant that you are authorised to use the login ID and password allocated to such account.

13 Severability

13.1 If any of these terms and conditions are held to be invalid, illegal or unenforceable that condition will be severed and the remaining conditions will be enforceable.

14 waiver

14.1 No delay or failure to act will be construed as a waiver or will in any way prejudice our rights under these terms and conditions.

15 Privacy Policy

15.1 Any information you transmit to us may be used by us to, amongst other things, advise you of our products and services and those of selected third parties. You have the right to access and correct your personal information held by us. For more information see our Privacy Policy which explains our commitment to ensuring that your personal information is protected. You may obtain a copy of the Privacy Policy from any of our Branches or at the following link [insert link to Privacy Policy].

16 Website Terms of Use

16.1 You acknowledge and agree that all of the material on this website, including text, images, videos, graphics, trade marks, layout, look-and-feel and any other information contained on or in this website (the “Material”) is subject to copyright and other proprietary rights belonging to us or our licensors.

16.2 You agree not to, in any way, copy, reproduce, republish, upload, post, transmit, distribute, store (including in electronic form) or modify the material in whole or in part, whether in text, graphical, audio, video or executable form, without our express written permission.

16.3 In your use of this website, you agree not to do anything that may cause undue inconvenience, disruption or offence to us, or that may affect the security or operation of this website, any services offered via this website or any network or system underlying or connected to them (including without limitation, by using a robot, spider, scraper or other automated means to access this website or feature on it for any purpose).

16.4 You acknowledge and agree that links and references on this website to external websites or third party material (including advertisements) are provided to you as a convenience only. Except to the extent required by mandatory statutory provisions, we are not responsible for any third party material you access on or through this website (including advertisements) and we have not reviewed and do not endorse or assume any responsibility for any third party content, advertisements, or products or services offered on or available through this website or any external websites.

16.5 You agree not to create any links from any external websites to this website (including deep-links) except with our prior express written permission. If you wish to obtain such permission email us at policyofficer@buildingsociety.co.nz

17 Governing Law and Jurisdiction

17.1 These terms and conditions are governed by New Zealand law and the New Zealand Courts shall have jurisdiction to hear and determine disputes in respect of these terms and conditions. Internet Banking is only available to New Zealand residents.

18 Complaint and Resolution Process

18.1 If you have a complaint or a problem, we are keen to know about it so that we can resolve it in accordance with our Complaints Policy. Please come into one of our Branches, write to us or email us at policyofficer@buildingsociety.co.nz

18.2 When you have a problem with any of your transactions or the usage of Internet Banking (or any other service offered by us, including the telephone banking facility), you should either contact your nearest branch or send us an email, (we may require further information from you in relation to your complaint or problem – you agree to provide this to us as soon as reasonably practicable).

18.3 If the issue requires investigation and cannot be resolved immediately, we will aim to respond to you within 7 days. In the event that there will be or is likely to be a delay, we will inform you of the delay and the expected timeframe for resolution.

18.4 In the event that you are unhappy about how your problem have been dealt with, or you believe that it has not been resolved to your satisfaction, you could contact the Internet Administrator at policyofficer@buildingsociety.co.nz or on 0800 656 600.