Terms & Conditions
In these Terms:
- "Account" and "accounts" means all accounts associated with the customer number specified on your relevant Society Application Form.
- "Available Funds" means the amount of available cleared funds that you are able to withdraw.
- "Business Day" means any day other than a Saturday, Sunday or New Zealand Public holidays, that we are open for business in New Zealand.
- "Electronic Payments" means the payment of funds by Internet Banking or Telephone Banking from your Current Saver Account(s) to external parties including by way of Automatic Payments, Bill Payments and Bill Pay-Anyone.
- “General Terms and Conditions” means the general terms and conditions set out in section A of these Terms.
- “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.
- “Internet Banking Terms and Conditions” means the Internet Banking terms and conditions set out in section B of these Terms.
- “Other Terms and Conditions” means the other terms and conditions set out in section D of these Terms.
- "Password" means the password chosen by you for access to your accounts via Internet Banking.
- “Privacy Policy” means the Society privacy policy, as displayed on the Websites.
- “Telephone Banking” means the telephone banking service provided by us to you in connection with your accounts and subject to these Terms.
- “Telephone Banking Terms and Conditions” means the telephone banking terms and conditions set out in section C of these Terms.
- “Terms” means these terms and conditions and incorporates the General Terms and Conditions, Internet Banking Terms and Conditions, Telephone Banking Terms and Conditions, Other Terms and Conditions and the Privacy Policy.
- "You" and "your" means the customer identified on the relevant Society Application Form by name and by Customer Number, or the recipient of any services provided by the Society.
- "We", "our", "us" or "Society" means Southern Cross Building Society and includes our officers, employees, and our agents and representatives.
- “Websites” means any website owned and operated by the Society, including the websites located at http://www.buildingsociety.co.nz and http://www.scbs.co.nz.
Unless otherwise specified by the Society, these Terms will form the basis of your relationship with the Society in relation to both your access to and usage of the Website and all the accounts that you currently operate with us.
A. General Terms and Conditions
1. Acceptance
Prior to operating any accounts held with the Society, we advise that you read through these General Terms and Conditions. In commencing the use of the accounts with the Society, you acknowledge your acceptance of these General Terms and Conditions. These General Terms and Conditions should be read in conjunction with the Internet Banking and Telephone Banking Terms and Conditions, any specific terms and conditions of any account or service provided with an account, as well as the Other Terms and Conditions and the Privacy Policy. If there is a conflict between the specific terms and conditions and these General Terms and Conditions, then the specific terms and conditions will prevail.
2. Jurisdiction
Your relationship with the Society, and all your accounts held with the Society, is governed by New Zealand law and is subject to the exclusive jurisdiction of the New Zealand courts.
3. Opening and Operating Account
3.1 The Society may elect not to approve an application submitted by you to open up an account with the Society. The Society need not provide a reason for declining the application. The Society may require you to credit a minimum amount of funds to your account immediately upon opening.
3.2 You must be at least 14 years of age to be able to operate your own account.
3.3 The Society requires proof of identification on the opening of a new account. Two forms of identification are needed, one of which must be photo identification.
3.4 In the event that proper identification has not been received from the customer within 5 Business Days after the opening of an account, the Society reserves the right to close the account and to refund the credit balance of the account to the customer.
3.5 You will be required to complete and sign an application form and elect how many signatories are required to be able to operate the account. The same number of signatories will apply regardless of the service you are using or the amount of the transaction.
3.6 In certain circumstances you may authorise for another person to act on your behalf. The Society will honour your request as long as you have put your request in writing and sign the written request.
3.7 The Society will not be liable to you or any other person for any transaction(s) carried out by an authorised authority to operate on your account.
3.8 Any variation to the signing authority will not be effective until the Society’s Change Request Form has been completed and properly authorised by the current signatories for the account. A copy of the Change Request Form can be obtained from any Branch of the Society.
3.9 You are required to complete or use the Society’s standard forms, or forms approved by the Society, when using an account or service provided by us.
3.10 To protect your property and information, we may require you to prove your identity to our satisfaction at any time.
3.11 You may authorise the Society to act on your behalf as long as the Society receives your request in writing and the instruction received will only be actioned once your signature is verified.
3.12 An account is able to be operated by deposits, withdrawals, transfers, direct credits, direct debits or automatic payments.
3.13 Payments will be declined or reversed if there are insufficient funds in your account or for other reasons. Funds paid into your account may not be available for you to withdraw until the payment is cleared.
3.14 If the Society permits you to draw against uncleared funds, we are providing credit and will require to be repaid (including interest and charges) if the payment/s into your account are reversed out.
3.15 In the event that money is owed by you to the Society, you authorise the Society at any time, without your prior approval, to set-off what is owed against funds to the credit of any account that is in funds, or any other amount the Society owes you. For this purpose you authorise us to transfer funds from one account to another and to break any term deposit, without prior notice to you.
3.16 Statements will be posted to your last recorded address either on a monthly, quarterly or annual basis depending on the frequency you specified when opening your account. You should check all entries in your account statement/s and report immediately to the Society any apparent errors or transactions you have not authorised. Please refer to the dispute section of these General Terms and Conditions for our investigation procedures.
3.17 You agree to pay all fees and other charges relating to the use of the Society’s accounts and services (as stated on our relevant product guide), which may change from time to time.
3.18 The Society may without notice withdraw from any of your accounts all fees, government charges and any other amounts owed by you to the Society. This includes any recovery/collection costs (the cost of enforcing or attempting to enforce our rights in relation to any of your accounts) and any service provided to you (including legal expenses). The Society may use any credit balance in any of your accounts to meet any unpaid amounts.
3.19 The Society is legally required to deduct withholding tax directly from any interest credited or paid directly to you. If you have not supplied your Inland Revenue Department (“IRD”) details, we may have to make the deductions at a higher tax rate.
3.20 If you are non-resident for New Zealand tax purposes, the Society is legally required to deduct from any interest credited or paid to you either by non-resident withholding tax at the relevant country rate or non-residents approved issuer levy, and pay such amount to the IRD. You are required to inform the Society when your non-resident status changes and/or you obtain residency in New Zealand.
3.21 Any cheques lodged in your account will take up to 5 Business Days to clear.
3.22 Any drafts or overseas cheques lodged in your account may take up to 30 days to clear.
3.23 You may end your banking relationship with the Society at any time as long as the terms and conditions of the particular service or services being provided by the Society to you are being adhered to.
3.24 We will not normally close your account or withdraw any of the services/products unless we have good reason to do so and we will give you at least 14 days notice prior to any action being taken in this regard.
3.25 When an account is closed, any funds remaining in your account at time of closure will be returned to you, less fees and plus or minus interest applying to those funds.
3.26 Your rights in any account including credit balances, cannot be assigned, mortgaged or charged except in favour of the Society, or with our written consent.
4. Changes to General Terms and Conditions
4.1 These General Terms and Conditions will apply and remain enforceable and may be altered by us by giving you at least 14 days notification of the changes. These changes will be communicated to you either directly through mail, email, fax or telephone or indirectly through the internet or the media.
5. Your responsibility
5.1 You must check your accounts to ensure that they are correct and advise the Society of any error, discrepancy or unauthorised transactions. Please refer to the dispute section of these General Terms and Conditions for our investigation procedures.
5.2 You must ensure that there are sufficient funds available to meet debit deductions from an account.
5.3 In addition to any specific terms and conditions, you are responsible for ensuring the security of your personal password by:
i. not keeping a written copy of it;
ii. not choosing a password which consists of readily accessible personal data like birthdates, telephone numbers; and
iii. not sharing your password with anyone.
6. Our responsibility
6.1 We will not be liable for any claim that arises from acting reasonably in accordance with your instructions.
6.2 We will not be liable for any loss suffered by you or any third party due to matters outside the Society’s control.
6.3 We accept no liability for the loss or destruction of any documents, or any delay in processing cheques or other instructions.
6.4 We accept no liability for any delay in transferring funds to or from your accounts.
6.5 We will not be liable for either refusing to act on contradictory instructions given in respect of any account or for acting on any such contradictory instructions.
6.6 We may decline to act, or delay in acting, on any instructions given where we consider that we have good reason to do so, and may, where your account can be accessed by any telephone or by any electronic means, assume that any telephone or electronic instructions received using your password or ID Code are authorised by you.
7. Joint Accounts
7.1 All customers in a joint account are both individually and jointly liable for any money owing on the account and any one of the joint account holders can operate the account separately (including making any withdrawal) unless you instruct the Society to the contrary.
7.2 Where the Society receives a deposit in favour of one customer of a joint account, we may credit it to the joint account, unless instructed in writing by that customer to pay it into a separate account in that customer’s name.
7.3 If one customer of a joint account should die, the other remaining partner is granted full authority to operate the account. Any liability will be the responsibility of the remaining partner to the joint account.
7.4 Unless it has been specified that two signatories are required to operate the account, the Society will close the account on the instruction of one account holder. The Society in doing so will not be held liable to the other account holder for their actions.
7.5 All other changes effecting the general operation of a joint account will be actioned upon the authority of either one or both customers, whichever had been specified on the account application form.
7.6 We may suspend the joint account if there is a dispute between the joint account holders and this has not been resolved satisfactorily; or if one of the account holders has been declared bankrupt.
8. Estate and Trustee Accounts
8.1 It is assumed that the opening of an estate or trustee account and the operation of the account in accordance with these General Terms and Conditions has been authorised by the trustees, executors and administrators, and that the operation of the account complies with the terms of the relevant trust deed, will or other authority. The Society shall not be liable in any way if that assumption is not correct.
8.2 All trustees and all executors or administrators of an estate who are authorised to operate an account have joint and individual liability to the Society for any money owing on the account.
8.3 The Society must be informed immediately in writing of the resignation or appointment of any trustees, executors or administrators. In the case of a trust, the trustees must inform the Society in the event the trust deed is amended.
9. Personal Information
9.1 The Society collects personal information about you, in accordance with its Privacy Policy.
9.2.1 You can obtain a copy of the Society’s Privacy Policy from any of our Branches or view the policy by clicking here.
10. Disputes
10.1 If any dispute arises concerning any transaction carried out using your account/s you should contact your local branch or call 0800 657935
10.2 We may ask you to record the details of your dispute in writing.
10.3 If the matter cannot be resolved immediately we will aim to investigate and report back to you within 7 days or, if there is likely to be a delay, will advise you of the reason for this delay and the expected timeframe for resolution.
10.4 If you are still not happy with the results of our investigation, you can contact the Manager
Retail Banking Services at 0800 656600 or email policyofficer@buildingsociety.co.nz.
B. Internet Banking Terms and Conditions
1 . Interpretation
1.1 Please read these Internet Banking Terms and Conditions carefully as they place certain requirements and obligations on you.
1.2 These Internet Banking Terms and Conditions are in addition to and are to be read in conjunction with:
(a) our General Terms and Conditions (see: General Terms & Conditions above);
(b) our Other Terms and Conditions (see: Other Terms and Conditions below);
(c) any specific terms relating to your account or service (as notified by the Society); and
(d) our Privacy Policy (see: Privacy Policy).
1.3 If there is any inconsistency between the terms set out above, unless otherwise stated, the following order of precedence will apply:
i. any specific terms and conditions notified by the Society;
ii. the Internet Banking Terms and Conditions;
iii. the General Terms and Conditions;
iv. the Other Terms and Conditions; and
v. the Privacy Policy.
2. Internet Banking Application
2.1 You must be at least 14 years of age before you can apply for ‘stand alone’ Internet Banking account i.e. which may be operated solely buy the account holder.
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 herein.
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 Internet Banking Terms and Conditions, and acknowledge that use of your Customer Number and
Password provides sufficient authority for us to process transactions on your account(s).
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 Websites (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 Websites, it will generally also provide you with a more secure browsing experience.
3. Internet Banking Security
3.1 You agree:
i. 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);
ii. to periodically change your Password;
iii. 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;
iv. to check your accounts carefully and to promptly advise us on any error, discrepancy or unauthorised transaction;
v. to notify us immediately if your Password has become known to anyone other than you;
vi. 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 the unauthorised use of Internet Banking;
vii. 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 Internet Banking Terms and Conditions and we will not be liable for any losses that you may suffer as a result; and
viii. to always use the "log off" button when you have finished using Internet Banking.
3.2 You agree not to:
i. 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;
ii. make your password known to any other person;
iii. keep any written or electronic record of your password in a form that it can be readily identified;
iv. leave your computer unattended when logged on to Internet Banking (or any other service offered on the Websites);
v. open attachments or run software from untrusted or unknown sources; or
vi. 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. Responsibilities
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 effecting transactions and giving and obtaining information if for any reason Internet Banking is unavailable for use or is 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:
i. 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;
ii. refuse to make any one or more payments pursuant to an instruction where there are insufficient cleared funds available in your account; and
iii. 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 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.
4.8 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.
4.9 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.
4.10 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.
4.11 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.
4.12 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.
4.13 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.
4.14 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 Websites (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 Websites by unauthorised third parties.
5. Suspension and Cancellation
5.1 We may suspend or cancel your access to Internet Banking at any time without giving you any notice when we reasonably believe that:
i) there is a risk of fraud or a security breach;
ii) if you do not use Internet Banking for 12 months;
iii) you breach any of the Terms;
iv) 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; or
v) we consider we have reasonable grounds to do so.
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.
5.2 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.
6. Liabilities
6.1 You are not liable for any losses:
i. where it is clear that you have not contributed to those losses;
ii. that are caused by the fraudulent or negligent conduct of our employees or agents; or
iii. 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 Internet Banking 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 we receive notification is limited to:
i. the balance of your account(s), including any pre-arranged credit; or
ii. 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:
i. that portion of the total losses incurred on any one day that exceeds the Transaction Limit applicable to your account(s); and
ii. 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 and to the extent permitted by law, 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:
i. your use of Internet Banking or the Websites (in particular, we do not warrant the accuracy, adequacy or completeness of the information contained in the Websites); or
ii. any unauthorised use of your password; or
iii. any system or telecommunications link failure; or
iv. any fault, error or defect in design or engineering of Internet Banking ; or
v. any delay or non-performance by us resulting from matters beyond our reasonable control.
7. Changes to Internet Banking Terms and Conditions
7.1 These Internet Banking 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 Internet Banking Terms and Conditions. You agree that these notices will be communicated to you in writing or posted on our Internet Banking Website.
8. Account Statements
8.1 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 and Charges for Internet Banking
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. Indemnification
10.1 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 the Terms.
C. Telephone Banking Terms and Conditions
1. Interpretation
1.1 Please read these Telephone Banking Terms and Conditions carefully as they place certain requirements and obligations on you.
1.2 These Telephone Banking Terms and Conditions are in addition to and are to be read in conjunction with:
(a) our General Terms and Conditions (see: General Terms & Conditions above);
(b) our Other Terms and Conditions (see: Other Terms and Conditions below);
(c) any specific terms relating to your account or service (as notified by the Society); and
(d) our Privacy Policy (see: Privacy Policy).
1.3 If there is any inconsistency between the terms set out above, unless otherwise stated, the following order of precedence will apply:
i. any specific terms and conditions notified by the Society;
ii. the Telephone Banking Terms and Conditions;
iii. the General Terms and Conditions;
iv. the Other Terms and Conditions; and
v. the Privacy Policy.
2. Application for Telephone Banking
2.1 You must be at least 14 years of age to apply for Telephone Banking.
2.2 We will endeavour to effect any telephone bill payment without any responsibility or liability for any inaccuracy of the information you supply to us when setting up, changing or deleting bill payees or when processing the payment instructions.
2.3 We will determine the order of priority in which authorised bill payments are made, may stop or alter a bill payment without notice, and shall have no responsibility to ensure that funds are available, and in the absence of funds, have no obligation to make payments.
2.4 All payments made in good faith will remain in full force and effect notwithstanding your death or bankruptcy, or the receipt by us of the revocation of any instruction by you.
2.5 We may at any time, with written notice, withdraw your access to Telephone Banking.
2.6 We are irrevocably authorised to act on all instructions given using your ID Code, without taking any further steps to authenticate the instructions.
2.7 We are not liable for any loss arising from any unavailability or unauthorised use of the Telephone Banking service, except where the loss results directly from our negligence.
2.8 We are also not responsible for:
i. any dispute between you and a merchant;
ii. any losses caused by occurrences beyond our control, including where you cannot use the Telephone Banking service due to machine or communication line failure; or
iii. any losses which arise where you have acted negligently or have acted fraudulently, either alone or together with any other person(s).
2.9 You are not liable for losses arising from your use of the Telephone Banking service:
i. where it is clear that you have not contributed to those losses;
ii. that are caused by the fraudulent or negligent conduct of our employees or agents; or
iii. resulting from faults occurring in our online systems or software (other than as noted above).
2.10 The Society may as part of its security procedures, record and retain telephone instructions.
3. Telephone Banking Security
3.1 You will need to select a 4-digit identification ID Code to access Telephone Banking. The ID Code that you select is your "electronic signature" and must remain confidential to you alone.
3.2 The ID Code that you choose to access Telephone Banking must not be the same as, or similar to, any other personal identification that may easily be guessed or identified as relating to you, or an obvious combination of letters and numbers such as:
i. birth dates, months or years;
ii. sequential numbers;
iii. number combinations which may be easily guessed; and
iv. parts of your telephone number.
3.3 You must safeguard your ID Code by:
i. memorising your ID Code;
ii. not writing down your ID Code;
iii. not disclosing your ID Code (or any password or PIN) to anyone; and
iv. reporting any disclosure or possible disclosure of your ID Code (or any password or PIN) as soon as you are aware or suspect that your ID Code has been disclosed.
3.4 You may change your ID Code at any time by following the relevant prompts on the phone when using the Telephone Banking service. We encourage you to change your ID code regularly.
D. Other Terms and Conditions
1. Interpretation
1.1 Please read these Other Terms and Conditions carefully as they place certain requirements and obligations on you.
1.2 These Other Terms and Conditions are in addition to and are to be read in conjunction with:
(a) our General Terms and Conditions (see: General Terms and Conditions above);
(b) our Other Terms and Conditions (see: Other Terms and Conditions below);
(c) our Internet Banking Terms and Conditions (see: Internet Banking Terms and Conditions above);
(d) our Telephone Banking Terms and Conditions (see: Telephone Banking Terms and Conditions above);
(e) any specific terms relating to your account or service (as notified by the Society); and
(f) our Privacy Policy (see: Privacy Policy).
1.3 If there is any inconsistency between the terms set out above, unless otherwise stated, the following order of precedence will apply:
i. any specific terms and conditions notified by the Society;
ii. the Telephone Banking Terms and Conditions and the Internet Banking Terms and Conditions;
iii. the General Terms and Conditions;
iv. the Other Terms and Conditions; and
v. the Privacy Policy.
2. Use of Information
2.1 Any information you transmit to us may be used by us to, amongst other things, advise you by any means whatsoever (including by electronic communication such as email or text message) 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 by clicking here.
3. No Warranties or Liability
3.1 The Websites are provided on an “as is” basis. To the maximum extent permitted by law, the Society disclaims and excludes all implied conditions and warranties in relation to the Websites including, without limitation, any warranties of merchantability, fitness for a particular purpose, and non-infringement. No information obtained by you from the Society shall create any implied warranty.
3.2 The Society does not warrant that:
(a) any functions contained in the Websites will be uninterrupted, timely, at all times secure, error free or that any defects will be corrected; or
(b) any information or material provided on the Websites is accurate, complete or current.
3.3 To the maximum extent allowable by law the Society hereby excludes any and all liability relating to your and other party’s use of the Websites, including any direct, special, incidental, indirect, consequential, exemplary or punitive damages whatsoever arising out of a breach of the Terms or arising out of your or any other party’s use of the Websites or integration of the Websites or any part or function of the Websites into your or any other party’s website, including any damages resulting from loss of use, data or profits, delays or business interruption, or any reliance on the Websites by you or any person, even where the Society has been advised of such damage occurring.
3.4 If, notwithstanding the foregoing, the Society is found to be liable to you for any damage or loss which arises as a result of your use of the Websites, the Society’s liability shall not exceed $100.00. Some jurisdictions do not permit the exclusion of implied warranties, and if you are in one of those jurisdictions these exclusions may not apply to you. For the avoidance of doubt, any failure by the Society to provide a service through the Websites due to any systems failure or disruptions in access to or availability or operation of any aspect of such services, shall not constitute a breach of these Terms and the Society shall have no liability whatsoever in such a case.
4. Privacy
3.1 The Society respects your rights to privacy. Details of how we use information about you are set out in our Privacy Policy.
5. Website Materials
5.1 You acknowledge and agree that all of the material on the Websites, including text, images, videos, graphics, trademarks, layout, look-and-feel and any other information contained on or in the Websites (the "Material") is subject to copyright and other proprietary rights belonging to us or our licensors.
5.2 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.
5.3 In your use of the Websites, 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 the Websites, any services offered via the Websites 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 the Websites or feature on it for any purpose).
5.4 You acknowledge and agree that links and references on the Websites 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 the Websites (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 the Websites or any external websites.
5.5 You agree not to create any links from any external websites to the Websites (including deep-links) except with our prior express written permission. If you wish to obtain such permission, please email us at policyofficer@buildingsociety.co.nz.
6. Delay and Waiver
6.1 No delay or failure to act will be construed as a waiver or will in any way prejudice our rights under the Terms.
7. Enforceability
7.1 If any of the Terms are held to be invalid, illegal or unenforceable that condition will be severed and the remaining Terms will be enforceable.
8. Disputes
8.1 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.
8.2 When you have a problem with any of your transactions or the usage of Internet Banking or Telephone Banking (or any other service offered by us), 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).
8.3 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.
8.4 In the event that you are not happy about how your problem has been dealt with, or you believe that it has not been resolved to your satisfaction, you can contact the Manager Retail Banking Services at 0800 656 600 or email policyofficer@buildingsociety.co.nz.
9. Jurisdiction
9.1 These Terms are governed by New Zealand law and the New Zealand Courts shall have jurisdiction to hear and determine disputes in respect of these Terms. Internet Banking and Telephone Banking services are only available to New Zealand residents.
Last amended 21 May 2010
