These Conditions of Use apply only to Personal Banking customers.
Customers of Business Banking, Rural Banking, Partnerships and Trusts should read the Non Personal Conditions of Use.
If you have National Bank iBank, we remind you that the Conditions of Use that you accepted at the time of download should be read in addition to these Online Banking Conditions of Use. Where inconsistent, the National Bank iBank Conditions of Use will override those appearing below.
These Conditions of Use form a legal contract between you and us in relation to your use of The National Bank's Online Banking package ("Online Banking") and it is important that you read and understand them before sending us your electronic Registration form. These Conditions of Use specify:
"Account" and "accounts" means all accounts associated with the customer number specified on your registration form.
"ANZ National Bank Group" means ANZ National Bank Limited and its related companies as defined in the Companies Act 1993.
"Available Funds" means the amount of funds you are currently able to withdraw. It includes overdraft or credit facilities, and may include uncleared funds (e.g. electronic deposits).
"Business Day" means every day, except Saturday, Sunday and public holidays.
"Electronic payment" means either a bill payment, a tax payment, an automatic payment or a one-off payment.
"Nominated account" means the account you nominate to which fees are to be debited.
"Payment Date" means the date selected by you for the electronic payment to be made.
"We" and "us" means ANZ National Bank Limited and where the context requires, includes all companies in the ANZ National Bank Group.
"You" and "your" means the customer identified on the registration form by name and customer number.
These Conditions of Use apply in addition to the Conditions of Use that apply to your accounts and National Bank services accessed using Online Banking. Where inconsistent, and unless otherwise specified, these Conditions of Use will override the master account mandate or any other mandates or signing authorities, and Conditions of Use for specific products and services in relation to all transactions using Online Banking.
You acknowledge that the use of your Customer Number and Password provide sufficient authority for us to process transactions on your accounts. We may act on this authority and are not obliged to make further enquiries. You agree that you will not use Online Banking for any purpose other than to carry out your banking transactions and enquiries available through Online Banking.
You can access and transact on all accounts on which you are the account owner (that is, all accounts associated with your Customer Number) and are authorised to act alone. You can access, for viewing purposes only, accounts associated with your Customer Number on which you are authorised to sign jointly with another person.
National Bank Online Banking is generally available 24 hours, 365 days a year, excepting any necessary downtime to allow for maintenance of the system.
To provide extra security, you may choose to use our OnlineCode service (OnlineCode) when authorising certain types of transactions. In some circumstances we may also require you to use OnlineCode.
OnlineCode is an authentication process that works by sending a unique "single use" code to your mobile phone when you begin to use an Online Banking function to which OnlineCode applies. Transactions to which OnlineCode applies will only be processed by us if the OnlineCode sent to your mobile phone is entered in addition to your Customer Number, Password and any other code given to you for the purpose of registration. Each OnlineCode is only valid for the duration of the Online Banking session in which you request a transaction using a function to which OnlineCode applies.
Any Online Banking customer can self-register to use OnlineCode under the "Your Profile" section in Online Banking. The registration form lists the Online Banking functions that you can select to have OnlineCode apply to. Unless we agree otherwise, every Online Banking Bill Payment and One-off Payment over $10,000 needs to be authorised using OnlineCode. We may also require you to use OnlineCode for Online Banking functions that you have not selected yourself.
To use OnlineCode you will need a SMS/text capable mobile phone on an 021, 022, 027, 028 or 029 network.
In providing OnlineCode we rely on those who provide the mobile phone networks to deliver SMS/text messages. As such, we cannot guarantee the availability of the OnlineCode service and your ability to receive OnlineCode SMS/text messages may be affected by the coverage of the mobile network you use, including if you are overseas.
If you wish to de-register from the OnlineCode service or to update your mobile phone number, please contact the Online Banking Helpdesk on 0800 49 50 51 (personal customers), or 0800 69 62 69 (business/rural customers) or visit any of our branches.
You agree you will not:
You agree to ensure all information provided to us in relation to your Online Banking transactions is accurate.
It is your responsibility to safeguard your Password and commit your Password to memory, to guard against the possibility that others may use your Password to gain unauthorised access to Online Banking. You must change your Password regularly using the 'Change Password' link within Online Banking. Our recommendation is that you do this at least every three months.
If any record containing your Password is lost or stolen or your Password becomes known to anyone other than yourself, you must immediately notify any National Bank branch or call The National Bank Online Banking Helpdesk on 0800 49 50 51 (personal customers), or 0800 69 62 69 (business/rural customers). You must also notify us in writing of this. You can reapply for a Password by submitting a new Password electronically. You must then telephone us to verify your identity. We will perform some security checks before the new Password will become active.
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.
You may be liable for some or all loss arising from any such security breach, including loss arising from unauthorised transactions, whether occurring before or after notification, if you have caused or contributed to that loss, for example by failing to comply with any of these Conditions of Use and in particular, the conditions relating to Passwords.
Your liability will not exceed:
You will not be liable for:
If you promptly report any actual or possible security breach, including, for example disclosure of your Password or failure to take reasonable steps to prevent it being disclosed, you will not be liable for loss occurring after notification unless you have caused or contributed to the loss.
You agree to give us all available information as to the circumstances of any actual or possible Password disclosure or unauthorised use of your computer. In addition, you agree to assist us to recover unauthorised amounts withdrawn or paid from any of your accounts or otherwise transferred to or from any account.
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 which may be brought against us by a customer or third party which results from your misuse of Online Banking. This includes any failure by you to ensure that steps are taken to prevent unauthorised use of Online Banking.
You acknowledge that any unauthorised reproduction by you of any proprietary information provided or available via Online Banking or any portion of it may result in legal action being taken.
We will endeavour to provide a secure system within which you can carry out your banking transactions and retrieve personal account information, so long as your web browser supports 128-bit encryption.
We will endeavour to ensure that online payment transactions are processed, so long as there are sufficient available funds in your account. We will also endeavour to process your Online Banking transactions within the following timeframes:
However, to the extent permitted by law, we will not be liable for any refusal or omission to follow instructions or make any such payments or any other failure to fulfil our obligations, due to causes beyond our reasonable control (including, without limitation, the failure or default of any third party network provider or any system not owned or directly controlled by us, or any other electronic, telecommunications, power or computer processing failure).
We will provide an Online Banking Helpdesk to assist you in your use of Online Banking. The Helpdesk will be available 24 hours, 365 days a year. This service is provided on the understanding that neither we nor our employees will be liable for any direct or indirect loss suffered by you, resulting from your use of the Helpdesk service.
We may at any time with reasonable notice withdraw your access to Online Banking. We may suspend or withdraw your access to Online Banking at any time without prior notice if:
You may at any time cancel your access to Online Banking by contacting any National Bank branch or The National Bank Online Banking Helpdesk.
We may at any time modify, add to or delete:
We will give you 14 days notice of such changes. Notice of changes to the Online Banking services or these Conditions of Use will be given on our website prior to those changes taking effect.
No monthly fee or service fees apply for Online Banking. Transaction fees may apply for certain accounts and for transactions facilitated via Bank Mail. Details of current fees and charges can be obtained at any National Bank branch or by visiting www.nationalbank.co.nz.
You authorise us to debit your nominated account for the amount of our fees and charges and any Government taxes or charges payable on transactions made through Online Banking. If there are insufficient available funds in your nominated account to cover these fees and charges, we are authorised to overdraw your nominated account by debiting the fees and charges due, or to debit any other account you hold with us.
Your transactions and other personal information are held within a secure server environment by us. Usage information (which is not intended to identify individuals) is recorded by us for site management and security purposes.
Any personal information you transmit to us or which is held by us will be used to process your transactions and may also be used by us to advise you of any of our products or services, and those of selected third parties.
You have the right to access and correct personal information held by us about you.
Bank Mail is a messaging service which allows you to send to us, and receive back, messages within our secure online banking environment, which is protected by 128-bit encryption technology.
Bank Mail can be used to make general account or other enquiries or to request services from us. We expect to deal with your message within 24 hours of its receipt by either actioning it or contacting you if we need further details. However, if your request is urgent, you should contact the Online Banking Helpdesk on 0800 49 50 51 (personal customers), or 0800 69 62 69 (business/rural customers).
All the Online Banking Conditions of Use apply to Bank Mail. In addition:
To set up bill payments for pre-authorised organisations choose "Bill Payments" in Online Banking or call us on 0800 49 50 51 (personal customers), or 0800 69 62 69 (business/rural customers), or visit any of our branches. To set up bill payments for self-selected bill payees, choose "Bill Payments" in Online Banking or visit any of our branches.
To set up an automatic payment or to amend or delete an existing automatic payment in Online Banking, choose "Automatic Payments" in Online Banking and follow the instructions.
To set up a one-off payment, choose "One-off Payments" in Online Banking, and make a one-off payment to an organisation or individual.
To set up a tax payment, choose "Tax Payments" in Online Banking, and make a tax payment to Inland Revenue.
When you create an electronic payment, you are authorising us to debit your account on the payment date with the amount to be paid to the other party, and to deduct any current Bank and/or Government charges that relate to this service.
You can create a bill payment to be paid on the same day, or on a future date. Bill payments due on the same day will be paid in the order in which you entered them. Bill payments are subject to sufficient available funds in your account at 10pm on the payment date. If there are insufficient available funds in your account to make the bill payment within 3 business days from the date you select for a bill payment, the payment will be cancelled and a fee will be charged to your nominated account.
You can create an automatic payment to be paid on the same day or on a future date. You cannot make any amendments to your automatic payment via Online Banking after 8pm on the day it is due. Automatic payments are subject to sufficient available funds in your account at 10pm on the payment date. If your payment date falls on a non-business day the automatic payment will be processed on the following business day
You can only create a one-off payment to be paid on the same day you set it up. One-off payments are subject to sufficient available funds in your account at 10pm on the payment date. There is no fee charged if the one-off payment is not paid, or is cancelled.
You can create a tax payment to be paid on the same day or on a future date. Tax payments due on the same day will be paid in the order in which you entered them. Tax payments are subject to sufficient available funds in your account at 10pm on the payment date. If there are insufficient available funds in your account to make the tax payment, the payment will be cancelled.
Electronic payments may be dishonoured by us acting in our absolute discretion, for any reason, including where there are insufficient funds in your account to make the electronic payment, there is evidence of fraud or we receive a court order instructing us to dishonour the payment.
Deposits to your account, used to create an electronic payment, that are subsequently dishonoured may be debited back to your account.
You will need to know information such as the other party's bank account number when setting up some forms of electronic payment. You will be solely responsible for ensuring that the information you provide to us, including the other party's bank account number, is accurate. We accept no responsibility or liability if that information is wrong.
Payments made before 10pm on business days are processed by us at 10pm that day. Those made after 10pm are processed by us the next business day. However, it may take longer for some organisations to reconcile your electronic payment against your account.
Electronic payments are irrevocable by you and cannot be stopped, cancelled or altered once your payment has been processed. You must advise us immediately if any incorrect electronic payment information is shown on your bank statement.
If your electronic payment instructions are given for business purposes, to the extent allowed by law, the provisions of the Consumer Guarantees Act 1993 will not apply. We accept no responsibility or liability (subject to our obligations (if any) under the Consumer Guarantees Act 1993) for:
You are solely responsible for making arrangements in relation to any payment if an electronic payment is not made on the payment date for any reason.
We may, in our absolute discretion:
Any electronic payment instructions that you give us are subject to any arrangements between you and us in relation to your account, now or in the future. You also agree that your electronic payment instructions will remain in force and effect in relation to all electronic payments made in good faith despite your death or bankruptcy or any other revocation of your electronic payment instructions, until we have received notice of that revocation.
An electronic payment must not exceed your transaction limit for that payment type. If you wish to discuss increasing your transaction limit or disabling access for any electronic payment type, please contact the Online Banking Helpdesk on 0800 49 50 51 (personal customers), or 0800 69 62 69 (business/rural customers) or ask at any of our branches.
We may notify you of termination or suspension of your access to Online Banking or any other matter, in writing or by telephone.
We may notify you of amendments to these Conditions of Use or Online Banking services by any of the following means:
In relation to these Conditions of Use, no delay or failure to act will be construed as a waiver of or in any way prejudice, any of our rights. No waiver will be effective unless it is in writing. A waiver of a breach will not waive any other breach.
If any of these Conditions of Use is held to be invalid, illegal or unenforceable, that Condition will be severed and the remaining Conditions of Use will be enforceable.
These Conditions of Use and the contract between you and us arising out of your registration to use National Bank Online Banking are governed by New Zealand law and New Zealand courts have jurisdiction.
Version 19; 01 December 2009 00:00