Before you use Internet Banking, you must:

  • Have submitted to us an executed copy of the Internet Banking registration form or have applied to us to use the Internet Banking in such other prescribed form as we may determine from time to time;
  • Have been approved as an Internet Banking customer and have been issued with a Personal Access Code; and
  • Read these Conditions of Use carefully as they will form the contractual basis for the use of the Internet Banking between you and us.

The following is a summary of important steps you must take to guard against unauthorised use

Any use of the Internet Banking by you or a Nominee is subject to these Conditions of Use:

1. Use care to keep your Internet Banking Personal Access Code secret.

  • Do not tell any person your Personal Access Code or allow any person to observe as you enter the Personal Access Code. If you decide to tell someone your Personal Access Code, they become your Nominee and are subject to these Conditions of Use.
  • We recommend against recording your Personal Access Code. If you do so, you are responsible for keeping any records of your Personal Access Code secure and protected.
  • You must keep any records of your membership number and your Personal Access Code separate from each other.
  • You must change your Personal Access Code the first time you use the Internet Banking and at frequent intervals thereafter, for example, monthly. Do not use an obvious Personal Access Code such as a dictionary word, name, date or vehicle make model or registration number, or any other character combination that could be associated with you. Personal Access Codes may consist of any combination of characters on your keyboard but must contain at least 4 characters.
  • If you forget your Personal Access Code, contact us and we will ask you to identify yourself before granting you access to the Internet Banking.
  • If you believe that another person knows your Personal Access Code, change your Personal Access Code immediately or report the matter to us.

 2. You have a responsibility to exercise reasonable care to prevent unauthorised access to the computer you use for the Internet Banking. Please read carefully clause 3(e) in these Conditions of Use for methods to minimise unauthorised access and maximise protection for your privacy.

3. Immediately notify us of any change to your address.

4. Examine your periodical statement immediately upon receiving it to identify and report, as soon as possible, any instances where the Internet Banking has been used without your authority.

Introduction

a. In these Conditions of Use, any reference to the Credit Union is a reference to Community First Credit Union Limited. Any reference to us, we, ours is a reference to Easy Street Financial Services which is offered by Community First Credit Union.

b. In these Conditions of Use, where the words or terms appear in capital letters, they shall have the following meaning:

"Ancillary Equipment" means any equipment (personal computer or otherwise) specified by us that you will require to use the Internet Banking.

"Internet Banking" means our Internet banking service which you access with the Ancillary Equipment via the Internet. This facility allows you to obtain information on our products and services and to carry out transactions on your Nominated Accounts.

"Nominee" means any person to whom you have disclosed your Personal Access Code or have authorised in any way to use your Internet Banking.

"Nominated Accounts" means, upon you receiving authorisation from us to access the Internet Banking, all your accounts under your membership.

"Notice" means any form of written communication between you and us which includes written correspondence faxed, mailed by prepaid post or emailed.

"Personal Access Code" means the 4-8 digit alphanumeric combination that enables you to use the Internet Banking.

c. Unless otherwise required by the context, words importing the singular include the plural and vice versa.

d. We may attach services to or remove services from the Internet Banking. You will be notified if this is the case. Separate terms and conditions of use may apply to the added services.

e. In accepting access to the Internet Banking from us you agree to comply with these Conditions of Use.

f. The relevant provisions of the Credit Union Code of Practice apply to these Conditions of Use. A copy of the Credit Union Code of Practice is available on request to askus@easystreet.com.au

g. We warrant that we will comply with the terms of the Electronic Funds Transfer Code of Conduct where that code applies.

Restrictions and Cancellation of the Internet Banking Access

a. We reserve the right to restrict your access to the Internet Banking.

b. You may cancel your access to the Internet Banking at any time by giving us Notice.

c. We can immediately cancel the Internet Banking access to you and your Nominee at any time for security reasons or if you breach these Conditions of Use or the terms and conditions of any Nominated Accounts.

d. We may terminate the Internet Banking, for whatever reason, by giving you 14 days Notice. The Notice does not have to specify reasons for cancellation.

Protecting your Personal Access Code, Computer and Ancillary Equipment

a. We will provide you with a Personal Access Code to use the Internet Banking. You agree to protect this Personal Access Code as a means of preventing fraudulent or unauthorised use of your Nominated Accounts via the Internet Banking.

b. You must change your Personal Access Code the first time you use the Internet Banking and at frequent intervals thereafter, for example, monthly. Do not use an obvious Personal Access Code such as a name, date or vehicle registration number.

c. If you voluntarily give your Personal Access Code to another person, that is, your Nominee, you will be liable for all transactions carried out by your Nominee using the Internet Banking. Your Nominee's use of the Internet Banking is governed by these Conditions of Use. You will be liable for any failure of your Nominee to observe these Conditions of Use.

d. If you need to record your password then do not under any circumstance record it on your computer or related articles unless you have taken reasonable steps to carefully disguise it. It is not reasonable to disguise your Personal Access Code as a telephone number, a birth date or by changing the order of the characters in the Personal Access Code.

e. You have a responsibility to exercise reasonable care to prevent unauthorised access to the Ancillary Equipment you use for the Internet Banking:

(i) You must not leave your computer unattended while you are on-line to the Internet Banking.
(ii) You should ensure that the computer is checked for viruses before using the Internet Banking.
(iii) We suggest you clear your browser cache (session memory) files at the end of your Internet Banking session in order to protect your privacy and prevent anyone from tracing your steps through the cache memory files. Additionally, we suggest that you shut down all the windows of the browser you have used to gain access to the Internet Banking and then restart the browser in order to ensure that the "back" function (or similar function in your browser) cannot be used to trace your activities.
(iv) If you require assistance in regards to clearing your browser's cache, we suggest you review your browser Help facility or contact a PC support or maintenance service for instructions on how to complete this process.

Using Internet Banking

a. We will advise you from time to time of the transactions which the Internet Banking will enable you to perform.

b. In order to access this Internet Banking, you must:

(i) be a member of Community First Credit Union;
(ii) own or operate the required Ancillary Equipment; and
(iii) hold an account with us or be a signatory to an account with us.

c. You may only use the Internet Banking to perform transactions on Nominated Accounts. If the terms and conditions of a Nominated Account such as, but not limited to, a fixed term deposit or loans account, provide a transactional restriction, then such a restriction will equally apply to the Internet Banking.

d. If you are a signatory to a Nominated Account which can be operated on the instructions of any one signatory to the account, you may access the account with the Internet Banking. If you are a signatory to a Nominated Account which requires more than one signatory for its operation, your ability to transact on such an account with the Internet Banking is subject to Clause 4A.

e. Except as we otherwise agree from time to time to enable future dated transactions, transactions utilising the Internet Banking will normally be processed the same business day or the following business day.

f. You acknowledge and agree that we are authorised to act on instructions given by you (or your Nominee) through the Internet Banking using your Password.

g. If any Nominated Account is in the name of more than one person, the liability of all account holders under these Conditions of Use will be joint and several for any transactions carried out on that account in accordance with these Conditions of Use.

Multiple Signatures Nominated Accounts*

* This provision will only apply if we offer this facility as part of Internet Banking

a. For the avoidance of doubt, in this Clause a reference to a Nominated Account that requires more than one signature (Multiple Signatures Nominated Account - MSNA) is a reference to, but without limitation, a joint account, company account, trust account, partnership and any other account that requires more than one signature to operate the account but excluding an account of an individual that requires multiple signatures.

b. An individual signatory to an MSNA may access the MSNA with the Internet Banking to make inquiries about the details of the account (such as obtaining the account balance... etc). An individual signatory cannot effect transactions on the account unless the individual signatory has obtained the authority of all other signatories to the MSNA in accordance with Clause 4A(c)

c. If an individual signatory to an MSNA:

(i) provides us with, or arranges for the other signatories to the MSNA to provide us with, a written authority signed by all signatories to the MSNA, in a form acceptable to us, that the individual can access the MSNA with the Internet Banking for the purpose of effecting transactions on the account; and
(ii) the authority is received by us at least 48 hours, not including Saturday, Sunday or a public holiday, prior to the proposed use of the Internet Banking by the individual signatory, the individual signatory can access the account using all facilities offered by the Internet Banking in respect of the account and all signatories to the account will be jointly and severally liable for all transactions effected by the individual to whom they have provided the authority.

Disputed Transactions

a. If you believe an Internet Banking transaction is wrong or unauthorised or your periodical statement contains any instances of unauthorised use or errors, immediately notify us. We may ask you to provide further information.

b. If we are unable to settle your complaint within a reasonable time following you providing Notice to us, we will:

(i) advise you in writing of the procedures for further investigation and resolution and may request further relevant details from you; and
(ii) within 5 days of receipt from you of the details of your complaint, do any of the following: 1. advise you in writing of the results of our investigation or 2. advise you in writing that we require further time (not exceeding a further 21 days) to complete our investigation.

c. In exceptional circumstances which we must tell you about in writing, we may require more time to complete our investigation. In such circumstances we will provide you with monthly updates on the progress of the investigation and its likely resolution date, except where we are waiting for a response from you and you have been advised that we require such a response.

d. When we notify you of the result of our investigation, we will advise you of the reasons for our decision. If your Nominated Account is found to have been incorrectly credited or debited we will adjust the account accordingly and notify you of this. If you are not satisfied with the decision, you may wish to take the matter further. We will tell you about other avenues of dispute resolution that are available to you.

e. It is recommended that you record all receipt numbers, payment or transfer reference numbers as issued to you by the Internet Banking to assist in checking transactions against your statements.

 

Transfers, Payments and Transaction limits

a. In the absence of any arrangements between you and us, you are only able to transfer funds or make payments up to the available balance of your selected Nominated Account including the unused portion of any credit limit relating to that account. You agree that aggregation of any available balance or credit limit on Nominated Accounts is not possible when determining the available balance or credit limit for the selected Nominated Account.

Transfers of Funds

b. You may transfer funds from a Nominated Account to:

(i) your transfer account held with another financial institution; or;
(ii) a Nominated Account or to an account you hold with us under a different membership by following the process set out below:

(A) except for Nominated Accounts, you should advise us, in writing, of the details of the account to which you wish funds transferred to, (your transfer account), such details to include the name under which the account is held, its BSB and account number;

(B) details provided to us should be provided at least 48 hours, not including Saturday, Sunday or a public holiday, prior to any transfer taking place. This will provide us sufficient time to update the Internet Banking;

(C) once you have provided the details to us, we will update the Internet Banking so that transfers to the destination account will be permitted the next time you log in to the Internet Banking;

(D) at all times you acknowledge and agree that once you have confirmed a transfer of funds, the transaction is irrevocable and cannot be reversed. If you have made an error in the transfer transaction you must contact us as soon as you realise the error as well as, if applicable, contact the intended recipient of the funds, in an endeavour to correct the erroneous transfer. We cannot warrant that the transfer can be stopped or that the funds will not be appropriated prior to you taking action to correct the error. It is therefore imperative that transfer details are verified by you prior to confirming the transaction.

c. Instructions requiring the transfer of funds will not be acted upon when there are insufficient funds available in the selected Nominated Account either at the time you confirm the transfer instructions or when we attempt to perform the transfer in the course of our normal business procedures.

 

Payments*

* This provision will only apply if we offer this facility as part of our Internet Banking

d. Instructions requiring the payment of funds to other parties will not be acted upon if there are insufficient funds available in the selected Nominated Account either at the time you confirm the payment instructions or when we attempt to perform the payment in the course of our normal business procedures.

e. at all times you acknowledge and agree that once you have confirmed a payment, the instruction is irrevocable and cannot be reversed. If you have made an error in the payment instruction you must contact us as soon as you realise the error as well as, if applicable, contact the intended recipient of the funds, in an endeavour to correct the erroneous payment. We cannot warrant that a payment can be stopped or that the funds will not be appropriated prior to you taking action to correct the error. It is therefore imperative that payment instruction details are verified by you prior to confirming the transaction.

Redraw Facility*

* This provision will only apply if we offer this facility as part of our Internet Banking. Fees and Charges may apply to the redraw facility depending on the terms and conditions of the loan contract.

f. If you have a loan account with us, and under the loan contract there is a redraw facility, you will be able to utilise the Internet Banking to access the redraw facility.

g. There are several conditions attached to the use of the redraw facility. These are:

(i) your loan contract must specify that a redraw facility is available;
(ii) you must have sufficient funds in the redraw facility so that you can access these funds;
(iii) the loan contract dictates what proportion of the available funds you may access at any one time and in what multiples (for example, multiples of $500 or $1000 etc);
(iv) once you have accessed the redraw facility, the terms and conditions of the loan contract will apply to the outstanding balance of the loan which will include the funds drawn under the redraw facility; and
(v) you may only transfer funds as part of the redraw facility to your Nominated Account which is a savings account with us.


h. You agree that you will not use the Internet Banking to exceed the unused portion of your credit limit whether under any pre-arranged credit facility such as a line of credit, overdraft or otherwise.

 

Liability in Case of Unauthorised Use of the Internet Banking

Your Liability:

a. You are liable for all transactions carried out by you, or by your Nominee regardless of when the transactions are processed to Nominated Accounts. You are liable for all transactions and other losses caused by unauthorised use of the Internet Banking unless any of the circumstances specified in paragraphs b. and c. below apply.

b. You are not liable for losses:

(i) that are caused by the fraudulent or negligent conduct of employees or agents of:
(A) the Credit Union; or

(B) any third party organisation involved in the provision of the Internet Banking; or

(ii). caused by the failure of the security measures we employ in our Internet Banking to prevent unauthorised or fraudulent access to Nominated Accounts.

c. You are not liable for any unauthorised use of the Internet Banking in relation to a transaction which takes place:

(i) before the time your Personal Access Code is provided to you; or
(ii) after we have received your request in writing to terminate your access to the Internet Banking; or
(iii) after you notify us that your Personal Access Code has been misused, lost or stolen or become known to someone else.

d. You will be liable for any loss of funds arising from any unauthorised transaction on a Nominated Account if the loss occurs before you notify us that your Personal Access Code has been misused, lost or stolen or become known to someone else and if you contributed to the loss because:

(i) your fraud or your failure to look after and keep your Personal Access Code secure in accordance with clause 3; or
(ii) you unreasonably delay in notifying us of the misuse, loss or theft of your Personal Access Code or of it becoming known to someone else and the loss occurs between the time you did, or reasonably should have, become aware of these matters and the time you notify us.


However, your liability will not exceed the lesser of:

(a) the actual loss; or

(b) the balance of the relevant Nominated Account (including the unused portion of any credit limit relating to the account); or

(c) the amount you are able (by reference to any daily limits) to withdraw from the Nominated Account on the day the unauthorised transaction takes place.

e. You are liable for any interest charge or fees and government taxes if you select an incorrect account type while using the Internet Banking.

f. For the purposes of these Conditions of Use, 'day' means a 24 hour period commencing on midnight Eastern Standard Time or Eastern Daylight Saving Time, as the case may be.

g. To the extent permitted by law, we, our agents or nominated service providers will not be responsible for any loss or damage, including consequential loss or damage, suffered in relation to use of, or inability to use the Internet Banking.

h. Save to the extent permitted by law, we, our agents or nominated service providers are not liable to you for, or in connection with, failure of the Internet Banking to perform in whole or part any function which we have specified it will perform.

Our Liability:

i. Other than to correct the error in your Nominated Accounts and to refund any charges or fees imposed on you as a result and subject to your rights which are implied by law and which cannot be excluded by these Terms and Conditions, we, our agents or nominated service providers will not be liable to you for:

(i) any loss caused by the Internet Banking malfunctioning;
(ii) any breakdown or interruption in the Internet Banking due to circumstances which are not under our direct control;
(iii) or in connection with, any inaccuracy, corruption of data, errors or omissions on, or in relation to, the Internet Banking because of the operation (or failure) of the communication network, Ancillary Equipment or any other circumstances beyond our reasonable control;
(iv) any error or delay in the execution of any transaction instructions you provided if the error or delay is due to circumstances not under our direct control;
(v) any refusal of another party to receive a payment instruction from you; or
(vi) any indirect, economic or consequential loss suffered or sustained by you as a consequence of your use of the Internet Banking or the availability of such service irrespective of whether we, our agents or nominated service providers were aware or ought to have been aware of the risk for such a loss.

Transaction and Other Fees

a. We will advise you whether we charge any fees and the amounts of such fees (including any dishonour fees) for;

(i) issuing your Personal Access Code or any additional or replacement Personal Access Code;
(ii) any other service provided in relation to the Internet Banking;

b. We will also advise you whether we will debit any Nominated Account with government charges, duties or taxes arising out of an Internet Banking transaction.

c. General information on standard fees and charges is also available to you on request to askus@easystreet.com.au

d. We may charge you with dishonour fees for transactions that fail due to insufficient funds in the Nominated Account.

Changes to Conditions of Use

a. We may change these Conditions of Use from time to time or may vary the Internet Banking provided to you.

b. We will notify you (by email, Notice in newsletter or statement or by an individual Notice) at least 30 days before the effective date of change if it will:

(i) impose or increase charges for transactions or for issuing additional or replacement Passwords; or
(ii) increase your liability for unauthorised use.

c. Conversely, reducing these obligations means we will notify you when we next correspond with you, by email or a Notice in the newsletter or statement of account.

d. We will notify other changes no later than the day the change takes effect by advertisement in national or local media, email, Notice in newsletter or statement of account, or individual Notice sent to Member.

e. We are not obliged to give you advance Notice if an immediate change to the Conditions of Use is deemed necessary for security reasons.

 

Miscellaneous

a. These Conditions of Use govern your access to Nominated Accounts using the Internet Banking. Each transaction on an account is also governed by the terms and conditions to which that account is subject. In the event of an inconsistency between these Conditions of Use and the terms applicable to any Nominated Account, these Conditions of Use shall prevail.

b. Any transactions undertaken on your Nominated Account will appear in our next statement sent to you in accordance with the terms and conditions of your Nominated Account.

c. You agree that you will promptly notify us of any change of address for the mailing of account statements, etc.

d. We may post all account statements and Notices to you at your registered address as provided for in our Rules or constituting document.

e. It is your responsibility to obtain and maintain the Ancillary Equipment required to use the Internet Banking.

f. Our agreement with you in accordance with these Conditions of Use and for the transactions carried out under it are governed by the law in force in the State or Territory in which we carry on business. Both you and we submit to the non-exclusive jurisdiction of the courts of that State or Territory in respect of any disputes.

g. You authorise us to give information about you and any Nominated Account to others in order to execute your instructions to us via the Internet Banking or where we reasonably think it necessary for the provision of that service. However, you may instruct us not to share your information by giving us written instructions to that effect.

h. From time to time we may advertise financial products or services on the website through which you access the Internet Banking. You consent to receiving such advertising material when accessing our website or the Internet Banking.