Terms and conditions.

Virgin Money has teamed up with Westpac to bring you the Virgin Credit Card. Westpac issues the Card under an agreement with Virgin Money, and also provides an online account service.

The following "small print" applies if you use the online account service to access your Card account.

1. Definitions

"Bank", "Issuer", "Westpac", "our", "we" and "us" means Westpac Banking Corporation (ABN 33 007 457 141), not Virgin Money.

"Business day" means any day on which businesses in Sydney are open - not weekends, NSW public holidays or bank holidays.

"Biller" means an organisation participating in BPAY and wishing to receive BPAY Payments.

"BPAY" means an electronic payments scheme whereby you can make payments to participants in the BPAY scheme who are Billers.

"BPAY Payment" means a payment made through BPAY.

"Customer Number" means an eight digit number given to you by us which must be entered to identify you when logging into your online account service.

"Online Account" means the online record of your card account and contains a range of transactions and information about your Card.

"Online Account Service" means using a computer to connect you to us via the Internet to carry out a range of transactions and obtain information about your Card.

"Password" means a confidential alphanumeric containing six characters. When used with your Customer Number, it gives access to your online account service.

"Virgin Money" means Virgin Money (Australia) Pty Limited (ABN 75 103 478 897).

"You and your" means the subscriber to your online account service.

Important Note: You can conduct VALUE TRANSACTIONS such as bill payments from your online account by using your Customer Number and Password. Over time new functionality may also be added. Please ensure that you are satisfied for value transactions to be carried out using your online account. If any new functionality involving value transactions causes you concern please call the Virgin Customer Care Team straight away to discuss other alternatives which may suit your needs.

2. General

2.1 Use to be in accordance with these terms and conditions

Your use of your online account must be in accordance with these terms and conditions. Your use of your online account signifies your acceptance of these terms and conditions. The terms and conditions applicable to your Virgin Credit Card also remain in full force and effect.

2.2 What you will receive upon registration

You'll receive:

a Customer Number; and
a Password.

2.3 Authority

You authorise operations on your account for which the correct Customer Number and Password have been provided.

2.4 Acknowledgement about liability

You acknowledge that subject to the section below dealing with when you won't be liable, you'll be liable for any misuse of your online account, including transactions on your Card account.

2.5 Your email address:

We may use your email address to advise you of any enhancement or changes to the online account service which may alter the delivery of, or your ability to use your online account.

3. Security

3.1 Access using Password

You acknowledge and accept that there is no way to verify by way of signature comparison whether access quoting the correct Customer Number and Password is valid.

Your Customer Number and Password allow anybody using them to conduct the type of operations on an account for which the Customer Number and Password provides access and we are authorised by you to permit such access.

3.2 Change your Password

You must change your Password on initial access to your online account. You should also periodically change your Password.

3.3 Keep Your Password Secure

You must ensure that your Passwords and Customer Numbers are kept secure and not disclosed to anyone except us in the course of using your online account.

3.4 If you suspect a breach of your password’s security

If you suspect that the security of the Password or Customer Number has been breached, you must ensure that:

your Password is changed; and
the Virgin Customer Care Team is promptly informed of the suspected breach.

4. Currency of and availability of Information

Information available through your online account concerning transactions and balances may not always be completely up to date, although, in most cases should at least reflect the transactions and balances of an account up to the close of business on the previous day on which we are open for general banking business.

Not all services and functions offered through your online account are available at all times.

5. BPAY Payments

We are a member of BPAY.

5.1 You can use your online account to make BPAY Payments

You can use your online account to ask us to make payments on your behalf to Billers who wish to receive payments through the BPAY Scheme.

5.2 You cannot stop a BPAY Payment after the instruction

Notwithstanding the above, the BPAY Scheme won't accept an order to stop a BPAY Payment once you have instructed us to make that payment.

5.3 What you will need to do

When you use your online account to make a BPAY Payment, you'll be required to provide the biller code and reference number (and other information) as appears on the bill or invoice. We will then debit your nominated account with the amount you indicate.

5.4 Details of your BPAY Payment

Details of BPAY payments, including your receipt number, will appear on your account statement from which the payment was made.

5.5 Future dated BPAY Payments

Up to 90 Days

You can use your online account to make a BPAY Payment at some time in the future up to 90 Days. Cleared funds must be available the day before the payment is due.

If we cannot make the BPAY Payment

If we are not able to make the BPAY Payment at that future payment date, you'll be advised by letter. A payment may not be able to be made due to insufficient funds, an invalid account or because the Biller no longer participates in the BPAY Scheme.

5.6 Correct Payment Details

You must be careful to ensure that you enter the correct amount you wish to pay and the correct biller details. If you instruct us to make a BPAY Payment and you later discover that:

The amount you told us to pay was greater than the amount you needed to pay, you must contact the Biller to obtain a refund of the excess; or
The amount you told us to pay was less than the amount you needed to pay, you can make another BPAY Payment for the difference.

5.7 When BPAY Payments should be received by the Biller

Billers participating in the BPAY Scheme will treat BPAY Payments you make as received usually:

On the date you make that BPAY Payment, if you tell us to make the payment before 6.00pm Sydney time on a business day; or
On the next business day, if you tell us to make a BPAY Payment after 6.00pm Sydney time on a business day, or on a non-business day.

5.8 When a Biller cannot process a payment

If we are advised that your BPAY Payment cannot be processed by a Biller, they will contact you to advise you of this, credit your account with the amount of the BPAY Payment, and take all reasonable steps to assist you in making the BPAY Payment as quickly as possible.

5.9 Mistakes in transactions

If you think there's been a mistake in a transaction made through your online account please contact the Virgin Customer Care Team on 1800 080 000. This would include:

any delays or mistakes in processing your BPAY Payments, or
if you didn't authorise a BPAY Payment that has been made from your account, or
if you think that you've been fraudulently induced to make a BPAY Payment

We will attempt to rectify any such BPAY Payments (other than in relation to a mistake as to the amount you must pay, which is dealt with under the heading "Correct Payment Amounts") in the way described in the Section 6. Liability below. However, except as set out under Section 6. Liability, we won't be liable for any loss or damage you suffer as a result of using the BPAY Scheme.

If you make an erroneous or mistaken payment, this won't satisfy part of whole of your underlying debt to the Biller.

6. Liability

6.1 When you are not liable

You won't be liable for losses resulting from unauthorised transactions where it is clear that you haven't contributed to the loss. You may have contributed to the loss if you don't follow the guidelines for Password security.
You won't be liable for losses resulting from unauthorised transactions that:
1. are caused by the fraudulent or negligent conduct of the our staff or agents or companies involved in networking arrangements;
2. happen before you receive your Password;
3. happen after the Virgin Customer Care Team have been notified that a Password has been misused, lost or stolen or that the security of your Password has been breached;
4. are the result of the same transaction being incorrectly debited more than once to the same account.
You won't be liable where a BPAY Payment is made:
1. to a person or for an amount which isn't in accordance with your instructions; or
2. in accordance with a payment direction which appeared to us to be from you or on your behalf but for which you didn't give authority (and you wouldn't otherwise be liable under Section 6.2 When you are liable)

and your account was debited for the amount of that payment.

In these situations, we will credit the amount of the unauthorised transaction to your account.

6.2 When you are liable

You'll be liable for losses resulting from transactions which are carried out with your knowledge and consent and where you:

engaged in fraud;
voluntarily disclosed your Password to anyone, including a family member or friend;
kept a record of your Password without making a reasonable attempt to disguise it or to prevent unauthorised access to it;
wrote your Password or a disguised record of it on the electronic equipment;
selected a Password which represents your birth date, or being an alphabetical code which is a recognisable part of your name, after we have asked you not to select such a Password and told you of the consequences of doing so;
acted with extreme carelessness in failing to protect your Password.

You'll also be liable for actual losses resulting from unauthorised transactions caused by you unreasonably delaying notifying the Virgin Customer Care Team of:

the misuse of your Password;
loss of your Password;
your Password becoming known to someone else.

In these cases, your liability will only extend to losses which occur between the time when you became aware (or should reasonably have become aware) of such misuse, loss or theft and when the Virgin Customer Care Team was actually notified.

However, you won't be liable to pay for:

that portion of the losses incurred on any one day which exceeded the daily transaction limit applicable to your account or under your online account;
that portion of the losses incurred which exceed the balance of your account, including any pre-arranged credit;
losses incurred on any accounts which you and we had not agreed could be accessed using your online account.

6.3 When you are liable for loss of funds using BPAY:

you must pay us the amount if we cannot recover the amount from the person who received it within 20 business days of us attempting to do ; and
you were responsible for the mistake; or
the payment was not authorised by you and you had not complied with your obligation to maintain your Password's security.

6.4 Fraud

If you make a BPAY Payment because of the fraud of a person involved in the BPAY Scheme, then that person should refund you the amount of the fraud-induced payment. If you are not able to obtain a refund, please advise the Virgin Customer Care Team, who will inform you of other rights of recovery you may have under the BPAY Scheme rules.

6.5 Your Contribution to loss

Your liability for your online account is subject to us proving on the balance of probability that you contributed to the losses in one or more of the ways listed above.

6.6 When limited liability applies

You'll only be liable for losses resulting from unauthorised transactions to a limited extent, in circumstances where a Password was required to perform the transaction and it is unclear whether you contributed to the loss. Your liability in such cases will be the least of:

$150.00;
the balance of the account, including any pre-arranged credit;
the actual loss at any time the Virgin Customer Care Team are notified of the misuse, loss or your Password becoming known to someone else (excluding that portion of the loss incurred on any one day which exceeds the applicable daily transaction limit).

6.7 Non excludable conditions and warranties

Nothing in these terms and conditions shall operate so as to exclude, restrict or modify the application of any of the provisions of the Trade Practices Act 1974 or any equivalent State or Territory legislation, the exercise of a right conferred by such a provision, or our liability for a breach of a condition or warranty implied by such a provision.

6.8 What we will not be liable for

Subject to 6.7 above and what we say we will be liable for below, we will not be liable for:

Any parties reliance on the information obtained through use of your online account;
Any failure or delay of your online account to provide information or perform operations requested;
In any event other than our negligence, fraud or wilful misconduct, an amount in excess of $500.00. This limit does not apply to loss of funds from your account where we accepts liability under this clause;
Indirect or special loss or damage howsoever caused, including negligence;
Consequential loss or damage you suffer as a result of using your online account;
Unavailability of your online account and events beyond our control such as but not limited to Internet connection.

7. Availability and variation to these conditions

including fees and charges

We may vary these conditions generally by either providing written notice to you before a change becomes effective or:

by notice displayed on the screen; or
by another method specified in the Code of Banking Practice.

Using your online account after notification by a method referred to above constitutes your acceptance of the variation.

Help files and on screen notices will form part of these terms and conditions. By using the function to which the help file or on screen notice applies you agree to accept the help file and on screen notices as part of these terms and conditions.

8. Termination

8.1 By You

You may terminate your online account at any time by contacting the Virgin Customer Care Team.

8.2 By Us

We may terminate your use of your online account by giving written notice addressed to the last address notified by you or by one of the methods referred to in Section 7 dealing with variation of conditions.

8.3 Temporary suspension

If we consider a security issue has arisen for which further inquiries are desirable, we may suspend access to your online account by you with or without notice to you.

9. Value Limits and Cut Off Times

9.1 We may impose and vary limits

We may impose a value limit, and vary such limit, on the maximum amount you may transfer from your account using your online account. We may do this at any time without notice. This may affect your ability to make a BPAY Payment using your online account and may affect value limits you have authorised where your nominated value limit is higher than one we impose. Value limits applicable to specific functions appear in the help files.

9.2 Instructions received after cut off

Instructions received after a cut off time may not be processed until the next business day. This may be the case even if your online account shows a change in account balances resulting from the operation. Different cut off times apply to different instructions. Cut off times for BPAY Payments appear in these terms and conditions under the BPAY heading.

9.3 We may vary cut off times

We may vary cut-off times at any time.

We will advise you of permanent or long term variations to value limits and cut off times, however, we may need to make temporary changes without notice.

10. Code of Banking Practice

The Code of Banking Practice applies if you use your online account only for private or domestic use. A copy of this booklet is available by contacting the Virgin Customer Care Team.