Internet Banking

Terms and conditions.

Please also read the Bank of New Zealand (the 'Bank') Automatic Payments Terms and Conditions, International Payments Terms and Conditions and the Telegraphic Transfer Terms and Conditions.

1. Introduction and definitions
2. Offer
3. Relationships with other account terms and conditions
4. Registration and access
5. Nominated accounts
6. Your password and security responsibilities
7. Instructions
8. Bill payments
9. Alerts
10. NetGuard device usage
11. Allocation of liabilities
12. Variations
13. Fees
14. Termination
15. Further information
16. Notices
17. Personal information
18. Errors or discrepancies
19. Our liability
20. Governing law

 

1.Introduction and definitions

1.1 These terms and conditions are a contract between you and Bank of New Zealand. You should read these terms and conditions carefully as they place certain requirements and liabilities on you.

1.2 These Internet Banking terms and conditions can be obtained via:

  • www.bnz.co.nz
  • Calling us on 0800 999 269. If overseas, call +64 4 494 7153 (International toll charges apply)

1.3 Our Standard Terms and Conditions for operating accounts and specific terms and conditions applicable to your type of Account also apply to the Service. Copies may be obtained from any of our stores or viewed on our website.

1.4 If you believe that your password or your NetGuard Device have become or may be known to anyone other than yourself you must notify us immediately.

1.5 For queries concerning the Service call us on 0800 999 269. If overseas, call +64 4 494 7153 (International toll charges apply).

1.6 In these terms and conditions:

  • Account means an account you have with us which we have determined is accessible by the Service.
  • Account Owner means a person who has registered for our Service and/or Telephone Banking and who has an account in their own name or, if in joint names, in respect of which we may act on the instructions of any one or more of them.
  • Alerts means the optional Alerts service we provide that enables you to receive predetermined account information electronically via email or SMS text.
  • Banking Business Day means any day other than a Saturday, Sunday or public holiday (but includes provincial anniversary days).
  • Daily Limit means the aggregate maximum amount per day that may be debited to all Accounts pursuant to any one or more transactions.
  • Mobile Portal means the mode of electronically accessing the Service via a software application and/or web application that has been created to suit small-screen and/or portable electronic devices (including, but not limited to, mobile phones), and which may have less or additional functionality than the Online Portal.
  • NetGuard Device means any device or software, as issued by Bank of New Zealand from time to time, that is used in addition to an access number and password to securely identify you when you access the Service.
  • Online Portal means the mode of electronically accessing the Service otherwise than by means of the Mobile Portal.
  • Password means a character case sensitive alphanumeric password for use in relation to the Service.
  • Service means the banking service we make available through the internet network by means of the Online Portal or the Mobile Portal.
  • SMS means the short message service which sends short messages to digital mobile phones.
  • Telephone Banking means our 24 Hour Telephone Banking service the terms and conditions of which are set out in our booklet entitled "Your Guide to 24 Hour Telephone Banking", which is available from any store.
  • Transaction Limit means the maximum amount that may be debited from an Account pursuant to any one transaction.
  • We means Bank of New Zealand and includes our directors, officers and employees and our agents and representatives, and references to our or us have a corresponding meaning.
  • You means an Account Owner who has accepted these terms and conditions, and your has a corresponding meaning. Where there is more than one Account Owner, you means all of them jointly and each of them severally.
 

2. Offer

2.1 We offer to make the Service available to you for Accounts approved by us for that purpose on these terms and conditions.

2.2 By completing our registration requirements you acknowledge that you understand and accept these terms and conditions, and consent to us communicating with you by means of telephone, secure messaging via the Service, SMS or email to the contact details notified by you to us.

 

3. Relationship with other account terms and conditions

3.1 These terms and conditions are in addition to and are to be read in conjunction with:

  • Standard Terms and Conditions for operating Accounts (which shall apply to the Service and be deemed to form part of and to be incorporated in these terms and conditions as if set out here in full); and
  • the specific terms and conditions applicable to your Account.

3.2 If there is any inconsistency between these terms and conditions and any other terms and conditions applying to an Account or the Service, these terms and conditions prevail to the extent of that inconsistency.

 

4. Registration and access

4.1 Once you are registered as a user of the Service, you may immediately use the Service in accordance with these terms and conditions and as directed by us from time to time.

4.2 We will endeavour to provide you with uninterrupted access to the Service subject always to any necessary downtime that may be required for system maintenance, repairs and updating or loss of access resulting from matters beyond our reasonable control.

 

5. Nominated accounts

5.1 The Service is only available on Accounts which you have nominated for the Service and may be operated by:

  • You as the sole signatory
  • You alone where only one signatory is required to operate the Account(s) under an Account Operating Authority
  • Any other person authorised to do so under an Account Operating Authority but only where one signatory is required to operate the Account(s) under that Account Operating Authority
 

6. Your password and security responsibilities

6.1 You agree:

  • That the password you choose to access the Service will not be the same as, or similar to, any other personal identification number you have for any other account you have with, or service provided by, us
  • To take reasonable care when accessing the Service to ensure that your password and NetGuard Device and any details related to your NetGuard Device are not disclosed to any other person, in particular ensuring that you are not observed while entering your password or any details related to your NetGuard Device on your computer, mobile phone, or other portable electronic device
  • To take reasonable care to protect your:
    • NetGuard Device from loss or theft; and
    • mobile phone or other portable electronic device that you use to access the Service via the Mobile Portal, from loss or theft
  • To check your Account records carefully and immediately advise us of any error or discrepancy or unauthorised transaction
  • To notify us immediately if your:
    • password has, or any details related to your NetGuard Device have, become or may be known to anyone other than you;
    • NetGuard Device is lost or stolen; or
    • mobile phone or other portable electronic device that you use to access the Service via the Mobile Portal is lost or stolen

6.2 You agree not to: 

  • Select an unsuitable password such as family or street names, birth dates or months, sequential numbers (e.g. AB3456), parts of personal telephone numbers or other easily accessible personal data, or number or letter combinations that may be easily identified (e.g. AA1111 or 11ABCD)
  • Permit any other person to use your password or NetGuard Device
  • Disclose your password or any details related to your NetGuard Device to any other person including family members or those in apparent authority, including bank staff
  • Keep a written record of your password or leave your NetGuard Device or mobile phone or other portable electronic device that you use to access the Service in a location where it can be accessed by other people
  • Leave your computer, mobile phone, or other portable electronic device unattended when logged into the Service
 

7. Instructions

7.1 You are responsible for all instructions authorised by a password and your NetGuard Device 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 and your NetGuard Device for your Account, and rely on those instructions without any enquiry as to the authority or identity of the sender of these instructions.

7.2 In the case of an instruction to make a future-dated payment (such as an automatic payment or a Bill Payment) you may, by notifying us in writing, revoke your instruction up until our payment cut-off time on the last Banking Business Day before the payment is due to be made. Otherwise you agree that an instruction to make a future-dated payment or transfer continues until the expiry date nominated by you for that instruction.

7.3 You must notify us immediately if you become aware of any unauthorised transaction on an Account or unauthorised use of the Service.

7.4 It is your responsibility to use other means of effecting transactions and giving and obtaining information if for any reason the Service or part of the Service is unavailable for use, or is malfunctioning.

7.5 You agree that you will not use the Service for any purpose other than carrying out lawful banking transactions and enquiries on your Account.

7.6 We may in our absolute discretion conclusively determine the order or priority of payment by us of any monies pursuant to an instruction, which you or any other person may now or hereafter give to us or draw on your Account.

7.7 We may in our absolute discretion refuse to make any one or more payments pursuant to an instruction where there are insufficient funds available in your Account.

7.8 We may at any time in our absolute discretion set Internet Banking Transaction Limits and Daily Limits that restrict your ability to confirm payment instructions to a specific dollar value.

 

8. Bill payments

8.1 Bill Payments are only processed on Banking Business Days. Bill Payments programmed for immediate payment will only be paid if there are sufficient funds in the payment Account on the Banking Business Day the payment is processed. For Bill Payments that are programmed in advance, if there are insufficient funds on the Banking Business Day the payment is processed, the payment will be attempted again throughout that day and the following Banking Business Day until there are sufficient available funds for the payment to be paid. If there are still insufficient funds after that period, the payment will be cancelled and a fee charged.

8.2 Bill Payment instructions made after 11.45 p.m. will be processed the next Banking Business Day unless made from a credit card. Where Bill Payments are made from a credit card, only payment instructions made before 8 pm will be processed the next Banking Business Day and payment instructions made after 8 pm will be processed two Banking Business Days later.

8.3 We will endeavour to make the Bill Payment you request although we accept no responsibility or liability for any refusal or omission to process any or all Bill 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.

8.4 All current bank and government charges for Bill Payments applicable from time to time will be debited to your Account.

 

9. Alerts

9.1 Alerts are only available for Accounts approved by us for that purpose on these terms and conditions and which you have nominated for Alerts.

9.2 Alerts cannot be sent to an overseas mobile phone number.

9.3 We may from time to time alter the form and content of the Alerts without notice to you.

9.4 Changes made to the email address or mobile number in your Internet Banking Update Personal Details will automatically update any email address or mobile phone numbers registered for Alerts.

9.5 You agree to promptly advise us of any error or discrepancy relating to Alerts or any information provided by Alerts. You also agree to immediately advise us of any unauthorised transactions or activity on your Account that you become aware of through Alerts.

9.6 We accept no responsibility or liability for the accuracy of the information you supply to us when setting up, changing or deleting your Alerts or for any unavailability or malfunction of the Alerts service. For the avoidance of doubt, this includes the sending of Alerts to email addresses or mobile phone numbers incorrectly entered by you. We do not accept any responsibility or liability for any internal or external use that you or anyone else may make of any data or information provided through or in relation to Alerts.

9.7 Alerts are not encrypted and may include personal or confidential information about you such as your name and Account activity or status.

9.8 Receipt of Alerts may be delayed or impacted by factor(s) pertaining to your internet service provider(s), mobile phone carriers, or other parties. We will not be liable for:

  • Losses or damages arising from any non-delivery, delayed delivery, or misdirected delivery of the Alerts
  • Inaccurate content in the Alerts

9.9 You agree to keep the email and SMS devices which receive Alerts safe and secure. If these devices are lost or stolen you should go online to cancel your Alerts service or change the mobile or email address details that receive Alerts.

9.10 It is your responsibility to use other means of obtaining information if for any reason Alerts is unavailable for use, contains incorrect information or is malfunctioning.

9.11 Alert fees and charges will be debited to the Account that generated the Alert. If there are insufficient funds in your 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. We may charge different fees for email and SMS Alerts. You will still be charged for Alerts that are generated by us and sent to you even when you do not receive these Alerts if non-receipt has resulted from matters beyond our reasonable control.

9.12 We may suspend or cancel your access to Alerts without notice to you. We do not accept any responsibility for any loss you may suffer as a result of your access to Alerts being suspended or cancelled.

9.13 You may cancel your use of Alerts at any time by accessing the Service via the Online Portal. Such termination will not affect obligations incurred by you in relation to Alerts prior to termination. All amounts due and owing to us, if not already due and payable, will become immediately due and payable at termination and will be debited to your Account. You will remain responsible for any Alerts you receive until Alerts has been cancelled.

9.14 Our records of the Alerts and access shall, in the absence of manifest error, be prima facie evidence of such Alerts or access.

 

10. NetGuard device usage

10.1 You must have a NetGuard Device to access the Service, unless otherwise permitted by us.

10.2 We may, from time to time and at our discretion, require you to use a different form of NetGuard Device.

10.3 A NetGuard Device is an additional layer of internet security and does not replace or alter your existing access number or password.

10.4 If three incorrect login attempts are made using a NetGuard Device, your access to the Service will be suspended and you must contact us for assistance.

 

11. Allocation of liabilities

11.1 You are responsible for all your telecommunication and internet service provider costs associated with operating your computer, mobile phone or other portable electronic device, web browser and email services, including any costs associated with use of the Service or Alerts.

11.2 Subject to clause 11.1, you are not liable for any losses:

  • Where it is clear that you have not contributed to those losses
  • That are caused by the fraudulent or negligent conduct of our employees or agents
  • Resulting from faults that occur in our machines or systems used to provide the Service, unless the faults are obvious or advised by message or notice on display

11.3 If you have immediately reported the:

  • actual or possible disclosure of your password or details relating to your NetGuard Device;
  • loss or theft of your NetGuard Device; or
  • loss or theft of your mobile phone or other portable electronic device that you use to access the Service via the Mobile Portal,

you are not liable for any loss occurring after notification, unless you have acted fraudulently or negligently or have contributed to such disclosure or unauthorised access by not following the security information and advice in these terms and conditions and as provided by us on our website.

11.4 You are liable for all loss from unauthorised transactions if you have acted fraudulently, either alone or together with any other person.

11.5 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 terms and conditions (including those relating to your password and NetGuard Device). For the avoidance of doubt, you will not be considered to have contributed to or caused a loss if you failed to establish and maintain appropriate antivirus and other security software.

11.6 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 notifying us is limited to the lesser of:

  • $50
  • The balance of your Account(s), including any pre-arranged credit
  • The actual loss at the time you notify us

11.7 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:

  • That portion of the total losses incurred on any one day that exceeds the Transaction Limit applicable to your Account(s)
  • That portion of the total losses incurred that exceeds the balance of your Account(s), including any pre-arranged credit
 

12. Variations

12.1 These terms and conditions continue to apply until we give you notice of any changes. Notice of any changes will be given to you a reasonable period before they become effective and may be by way of a public notice, secure messaging via the Service or by way of a statement on our website. Secure messaging is only accessible by accessing the Service via the Online Portal. Accordingly, from time to time you should access the Service via the Online Portal.

12.2 We can change the user requirements, functionality, application and operating system specifications for, or the format or content of, or the means of accessing, the Service at any time without prior notice to you, whether generally or in relation to:

  • a user or a class of users; or
  • an Account or class of accounts.
 

13. Fees

13.1 All fees and charges in relation to the Service will be in addition to standard account, transaction and other customer fees. Subject to clause 9.1, fees and charges in relation to the Service will be debited to your nominated billing Account. Details of our standard account, transaction and other customer fees are available from any of our stores.

13.2 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.

13.3 If you close your nominated billing Account, we will automatically select another account to which fees and charges relating to the Service may be debited. If no account satisfactory to us exists we will immediately suspend the availability of the Service to you until you open a replacement billing account satisfactory to us.

13.4 We may from time to time vary the amount, frequency or time for payment of any fees or charges relating to the Service and introduce new fees or charges relating to the Service. We will keep you advised of fees and charges in accordance with the Code of Banking Practice.

 

14. Termination

14.1 We may suspend or cancel your access to the Service or any part of the Service at any time by giving notice to you. If you do not use the Service for 12 months, we may cancel your access to the Service without notice to you. We do not accept any responsibility for any loss you may suffer as a result of your access to the Service being suspended or cancelled.

14.2 You may cancel your use of the Service at any time by giving notice to us. You will remain responsible for any transactions made on your Account and any fees incurred until your access to the Service has been cancelled.

 

15. Further information

15.1 You may request from us information on our current interest rates, fees and charges, standard account terms and conditions and terms and conditions for specific accounts, and banking services.

 

16. Notices

16.1 Subject to clause 12, notices, certificates, consents, approvals, instructions and other communications in connection with these terms and conditions and the Service ("communications") must be given using the Service unless we determine otherwise.

16.2 A communication is deemed to be received when the communication enters a recipient's computer, or telephone, or portable electronic device and is effective when received even if no person is aware of its receipt.

16.3 Clause 16.2 applies even if the place where the computer, telephone, or portable electronic device is located is different from the place where the communication is deemed to be received under clause 16.4.

16.4 A communication is deemed to be sent from where the sender has its place of business and is deemed to be received where the recipient has its place of business. For the purposes of this clause:

  • if the sender or recipient has more than one place of business, the place of business is the sender's or recipient's principal place of business; and
  • if the sender or recipient does not have a place of business, the place of business is the sender's or recipient's usual place of residence.
 

17. Personal information

17.1 Our personal information notice is set out in our Standard Terms and Conditions for operating accounts. It explains the way in which we retain and use your personal information. You agree that it also applies to any information you provide to us in connection with these terms and conditions and the Service. Copies may be obtained from any of our stores or viewed on our website.

 

18. Errors or discrepancies

18.1 You must notify us immediately if you think there is a discrepancy or unauthorised transaction on your Account or if you think a mistake has been made. We will acknowledge receipt of your enquiry and advise you of any further information required and the expected time for dealing with your enquiry. If you are unhappy with the way that your enquiry has been handled you should refer that to Complaint Resolution, Bank of New Zealand, PO Box 995, Shortland Street, Auckland (telephone 0800 788 999).

 

19. Our liability

19.1 Subject to complying with our duty to exercise reasonable care and skill and other obligations under the Consumer Guarantees Act 1993, but otherwise irrespective of anything else stated in these terms and conditions, 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:

  • Your use of the Service
  • Any unauthorised use of your password or NetGuard Device
  • Any system or telecommunications link failure
  • Any fault, error or defect in design or engineering of the Service, or any software or software application that provides access to the Service, or any delay, fault, failure in or loss of access to the Service
  • Any change or alteration to the functionality of the Service, or any software or software application that provides access to the Service
  • Any diminished level of functionality that arises from your using the Service in a particular way
  • Any delay or non-performance by us resulting from matters beyond our reasonable control.

19.2 Notwithstanding our exclusions of liability set out in clause 19.1 but subject to your other obligations set out in these terms and conditions, if you use the appropriate NetGuard Device and are a genuine victim of internet banking fraud we will reimburse you any unauthorised amounts debited from your Accounts.

 

20. Governing law

20.1 These terms and conditions are governed by New Zealand law and the New Zealand Courts shall have jurisdiction to hear and determine disputes in respect of these terms and conditions.

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