BPAY View Terms and Conditions

HERITAGE BUILDING SOCIETY LIMITED
BPAY VIEW TERMS AND CONDITIONS

About these terms and conditions

The following terms and conditions apply whenever you use BPAY View.

Heritage encourages you to read and make sure you understand these terms and conditions before you use BPAY View.

Because Heritage may change these terms and conditions at any time, you are encouraged to read the terms and conditions regularly when you use BPAY View. These terms and conditions will be updated on Heritage on-line whenever they are changed.

These terms and conditions were originally published on 20 May 2005 and were amended on 20 September 2008 under the heading If you register a Biller.

What do these words mean?

Biller - An organisation that allows you to choose to receive or access bills or statements electronically through BPAY View.

BPAY View - A scheme through which you can receive or access bills or statements electronically from participating Billers you nominate by opening an email sent to you whenever we receive a bill or statement with a link to Heritage on-line, or accessing Heritage on-line.

Heritage on-line - Heritage on-line internet banking facility, which can be accessed at www.heritageonline.com.au.

Heritage - Heritage Building Society Limited (ABN 32 087 652 024).

We/us/our - Heritage.

You/your - Any person applying to use or using Heritage on-line. It includes anyone you have authorised to operate Heritage on-line for you. It also includes anyone who has authorised you to operate Heritage on-line for them.

When can you use BPAY View?

You need to register for Heritage on-line in order to use BPAY View.

To be able to receive or access bills or statements from Billers through BPAY View, you need to nominate that Biller through Heritage on-line. This is called “registering the Biller” and the Biller then becomes a “nominated Biller”.

If you register a Biller

You state that, if you register to receive a bill or statement electronically through BPAY View, you are entitled to receive that bill or statement from the applicable Biller.
(above inserted 25 September 2008)

You agree to receive bills and statements electronically and that this satisfies any legal obligations of a nominated Biller to give you bills and statements. For these purposes (but no others), we are the agent for each of your nominated Billers.

You might receive paper bills and statements from nominated Billers instead of electronic ones:

• at your request to the Biller (a fee may be charged by the applicable Biller for supplying the paper bill or statement to you if you ask for this in addition to the electronic one);
• if you or the Biller de-register from BPAY View;
• if we receive notification that your email mailbox is full, so that you cannot receive any email notification of a bill or statement;
• if your email address is incorrect or cannot be found and your email is returned to us undelivered;
• if we are aware that you are unable to access your email or Heritage on-line or a link to a bill or statement for any reason; or
• if any function necessary to facilitate BPAY View malfunctions or is not available for any reason for longer than the period specified by the Biller.

In any of those situations, we are not required to give you the paper bill or statement (unless we have a legal obligation to do so and we also happen to be the nominated Biller), but we will use reasonable endeavours to tell the nominated Biller about the situation.

When do you receive bills and statements?

You agree that when using BPAY View, if an email is sent notifying you that you have a bill or statement, then that bill or statement will be treated as having been received by you:

• when we receive confirmation that your server has received the email notification, whether or not you choose to access your email; and
• at the email address nominated by you.

If a notification is posted on Heritage on-line without an email then that bill or statement will be treated as having been received by you:

• when the notification is posted on Heritage on-line, whether or not you choose to access Heritage on-line; and
• at Heritage on-line.

How long do bills and statements remain accessible?

You agree that when using BPAY View, bills and statements delivered to you remain accessible through Heritage on-line for the period determined by the Biller up to a maximum of 18 months, after which they will be deleted (whether or not they have been paid).

Billing errors and queries

You must contact the Biller concerned (and, if applicable, get a paper copy of the bill or statement) as soon as you become aware of circumstances indicating that a bill or statement from a nominated Biller:

• has not been given to you on time or at all (other than because you did not view an available bill or statement);
• has been given to the wrong person;
• has been given with incorrect details; or
• has been given to you after you have unsuccessfully tried to de-register from BPAY View.

Each of those things is a “billing error”.

You must also immediately take all reasonable steps to minimise any loss or damage caused by the billing error. The party responsible for the billing error is responsible for correcting it and paying any charges or interest that would ordinarily be payable to the applicable Biller due to any consequential late payment and as a result of the billing error.

You will be taken to be responsible for a billing error if it happens because of anything you have done or omitted to do or because of the malfunction, failure or incompatibility of computer equipment you use at any time with BPAY View. You can also be taken to be responsible for billing errors in other situations.

You agree that when using BPAY View, you will contact the Biller direct if you have any queries in relation to bills or statements.

Things you must do

You must:

• check your emails or Heritage on-line at least weekly;
• tell us if your contact details (including email address) change;
• tell us if you are unable to access your email or Heritage on-line or a link to a bill or statement for any reason; and
• make sure your email mailbox can receive email notifications (for example, that it has enough available storage space).

Suspension and cancellation of BPAY View

We may suspend or cancel your ability to use BPAY View through Heritage on-line (either generally or in relation to particular Billers) at any time and for any reason. Where possible, we will use reasonable endeavours to tell you if we do this.

Changes to terms and conditions

We can change these terms and conditions at any time. If we change these terms and conditions, we can post a notification of the change (or an update of the terms and conditions embodying the change) on Heritage on-line.

Loss, damage and responsibility

We are not liable for any consequential loss or damage you suffer as a result of using BPAY View, other than due to any loss or damage you suffer due to our negligence or in relation to a breach of a condition or warranty implied by law in contracts for the supply of goods and services and which may not be excluded, restricted or modified at all or only to a limited extent.

We are not liable for any loss or damage to the extent that it is caused because you breached these terms and conditions.

Unless we say otherwise in these terms and conditions, we are not responsible to arrange or make sure that any Biller actually makes bills or statements available to you. If you do not receive or cannot access a bill or statement that you were expecting to receive or access through BPAY View, it is your responsibility to contact the Biller to get a paper bill or statement.

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 these terms and conditions; or
• acted negligently or fraudulently in connection with this agreement.

Privacy

You agree that we can disclose to nominated Billers, the entity operating the BPAY scheme (BPAY Pty Ltd) and any agent appointed by any of them from time to time (including Cardlink Services Limited, which provides the electronic systems needed to implement the BPAY scheme):

• any of your personal information (for example your name, email address and the fact that you are our customer) as is necessary to enable nominated Billers to verify that you can receive bills and statements electronically using BPAY View (or telling them if you cease to do so);
• such of your transactional information as is necessary to process your use of BPAY View; and
• that an event described above under the heading If you register a Biller has occurred.

You must tell us if any of your personal information changes and you consent to us disclosing your updated personal information to all other participants in the BPAY scheme described above, as necessary.

You can request access to your information held by us, BPAY Pty Ltd or its agent Cardlink Services Limited at their contact details as follows:

• Heritage
  Privacy Officer, Heritage Building Society Limited, Reply Paid 190,
  Toowoomba, Qld, 4350
• BPAY Pty Ltd
  Privacy Officer, (02) 8252 0500 or email info@BPAY.com.au.
• Cardlink Services Limited
  Privacy Officer, Cardlink Services Ltd, Cnr Park Rd and South Pde, Auburn, NSW, 2144 or telephone (02) 9646 9222 or email privacy@cardlink.com.au.

If your personal information detailed above is not disclosed to BPAY Pty Ltd or its agent, it will not be able to process your use of BPAY View.

You agree that we or a Biller (as appropriate) may collect data about whether you access your emails, Heritage on-line and any link to a bill or statement.

What other terms and conditions apply?

There are terms and conditions that apply to:

• the use of Heritage on-line;
• the use of the BPAY scheme to make payments to Billers; and
• any Heritage account that you access through Heritage on-line or from which you make payments to Billers through BPAY.