Liabilities and changes - ANZ eBiz

Liabilities and changes

Liabilities
Changes to these terms and conditions

This condition specifies how, when and the extent to which you, the account holder or an authorised agent will be responsible for the access and use of ANZ eBiz.

Authorised transactions

You are responsible for the use of ANZ eBiz either by you, your authorised agent or by anyone else with your knowledge or consent.

Unauthorised transactions

The extent of your liability will depend on whether you or an authorised agent has been responsible in any way for the unauthorised access to and/or use of ANZ eBiz.

Unauthorised, fraudulent or mistaken payments

You must tell ANZ immediately if you become aware of:

a BillPay payment or Pay Anyone payment which has been made from your account which was not authorised by you or an authorised agent;
the possibility that you have been fraudulently induced to make a BillPay payment or Pay Anyone payment; or
any delay or mistake in the processing of your BillPay payment or Pay Anyone payment.

However, ANZ will not be held responsible for any delay on the part of the biller in crediting your account with a Billpay payment provided that payment has been effected by ANZ on time.

What if payment was not authorised by me or an authorised agent?

If a BillPay payment is made to a biller for an amount, which is not in accordance with your instructions and your account is debited by that amount, then ANZ will reimburse you the excess amount debited to your account. However, ANZ will not reimburse the amount of that payment if the payment was made as a result of a payment direction which did not comply with ANZ’s prescribed security procedures (eg regarding keeping your password secure).

What if payment is authorised and not fraudulent, but mistaken?

When you give a BillPay Payment or Pay Anyone instruction using ANZ eBiz, it is processed by ANZ within four banking working days. You are responsible for ensuring that you and/or your authorised agent authorise payment of the correct amount to the correct biller or payee. Once BillPay payment or Pay Anyone payment instructions are made they cannot be cancelled.

If you later discover that:

the amount ANZ was told to pay was greater than the amount needed to be paid, you must contact the biller or payee to obtain a refund of the excess;
the amount ANZ was told to pay was less than the amount you needed to pay, you can make another BillPay payment or Pay Anyone payment for the shortfall.

If ANZ was told to pay an amount to the wrong biller or wrong payee or another genuine mistake was made, please tell ANZ immediately and, for a period of 20 banking business days, ANZ will endeavour to recover the amount from the wrong biller or payee. You are still responsible for paying the correct biller or payee. If ANZ is able to recover the amount you will receive a credit for the amount recovered from the wrong biller or payee. If ANZ is not able to recover the amount paid to the wrong biller or payee, you will not receive any credit.

When am I not liable for a loss?

You will not be liable for any losses:

resulting from the unauthorised use of a password which took place:
before you received your password (as the case may be); or
after you have changed your password (as the case may be) in accordance with these ANZ eBiz Terms and Conditions but only for so long as you comply with these ANZ eBiz Terms and Conditions in respect of the changed password (as the case may be);
where it is clear you have not contributed to such losses;
that are caused by fraudulent or negligent conduct by any employee or agent of ANZ;
resulting from the same transaction being incorrectly debited more than once to the same account.

When am I liable for a loss?

Except as set out later in this condition, you are liable for any loss of funds or any interception of information through any unauthorised access to your account(s) if you or an authorised agent contributed to the unauthorised access by:

disclosing, directly or indirectly, your password to anyone, including a family member or friend;
enabling a password to be identified by another person because either a record was kept without a reasonable attempt being made to disguise it or you selected a password which is easily identifiable;
in the case of ANZ eBiz, failing to log off the service and/or close the browser window (if necessary), and this enabled a third party to access your account(s) or any information about you;
failing to change, or delaying changing, your password once you become aware that it or they were known or used by another person.

You will not be liable for losses arising under this condition to the extent that the losses:

are incurred on any one day which exceeds any daily transaction limit on your account; and
exceed the balance of the relevant account(s), including any pre-arranged credit.

You will be liable for, and you indemnify ANZ, on demand, against any loss, liability or damage which ANZ has suffered or may suffer because you or an authorised agent did not observe obligations under these ANZ eBiz Terms and Conditions or acted negligently or fraudulently when using, or otherwise in respect of, ANZ eBiz.

ANZ's liability

To the extent permitted by law, ANZ will not be responsible for any loss or damage (including consequential loss, loss of profits or damage) suffered by you in relation to the use of, or the inability to use, ANZ eBiz, including, but not limited to:

in the case of ANZ eBiz, the failure of ANZ eBiz caused by the hardware or software used by you to access ANZ eBiz or by a third party (such as your internet service provider or telecommunications carrier);
ANZ not acting in accordance with any payment instruction where incomplete instructions are given, there are insufficient available funds in the relevant account(s) and/or ANZ eBiz has been suspended or terminated;
any reliance by you on information obtained through use of ANZ eBiz;
any delays or errors by third parties, including other financial institutions and billers;
the failure by a third party, including other financial institutions and billers, to accept, or acknowledge receipt of, funds which you or an authorised agent have instructed ANZ to pay to or via that third party;
delays in advising you, and crediting your account(s) if a transfer or payment instruction is not successfully processed by a payee's financial institution; or
any delay or failure by ANZ to perform its obligations pursuant to these ANZ eBiz Terms and Conditions if such delay is due to a force majeure.

This clause does not apply to any loss or damage which is attributable to:

the gross negligence or wilful default of ANZ;
a breach of a condition or warranty implied by law in contracts for the supply of goods and services which may not be excluded, restricted or modified or only to a limited extent; or
except as set out in clause ‘Losses due to disruption of service?, any disruption to ANZ eBiz directly caused by an act or omission of ANZ.

Losses due to disruption of service?

When planning ANZ eBiz transactions, please allow sufficient time. You should bear in mind that occasionally a banking service might be disrupted. A ‘disruption’ is where a service is temporarily unavailable or where a system or equipment fails to function in a normal or satisfactory manner.

ANZ will rectify any incorrect entry which is made in your account as a result of a disruption and will adjust any fees or charges which have been applied as a result of that incorrect entry.

For all other matters ANZ's liability is limited as set out in clause ‘ANZ’s liability’.

2. Changes to these terms and conditions

30 days notice

ANZ reserves the right to change these ANZ eBiz Terms and Conditions and any other information which it has issued about ANZ eBiz at any time. ANZ will provide written notification to the account holder of a change to these ANZ eBiz Terms and Conditions and allow a period of notice of at least 30 days before the changes take effect, if the variation:

imposes or increases liability relating solely to the use of your password;
increases an account holder’s liability for losses relating to ANZ eBiz transactions involving the use of your password; or
adjusts the periodic transaction limits applying to the use of your password

Notice before other changes take effect

ANZ may advise you in advance of any other changes to these ANZ eBiz Terms and Conditions or if it ceases to be a member of the BillPay Scheme by placing:

notice of the change, or the revised ANZ eBiz Terms and Conditions, on ANZ eBiz; or
notices on, or with a statement of account; and/or
press advertisements.

When is a notice considered effective?

You are taken to have received a written notice, in the due course of post, if it is mailed to the address last known by ANZ, or, notice is provided on the ANZ eBiz website.

Each authorised user must inform the account holder of the content of any notice provided to that authorised user and the account holder will be deemed to receive such notice at the same time as such authorised user.

Form of notice

To the extent permitted by law and any relevant codes, written notice may be delivered by or to you by email or other electronic messaging system and not on paper.