ONLINE SERVICES [ TERMS AND CONDITIONS ]
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1 ONLINE SERVICES [ TERMS AND ]
2 Welcome to DDH Graham Limited Online Services. This document must be read in conjunction with your account terms and conditions, fees and charges and any other relevant product information booklets. Together, these documents will form your complete terms and conditions or Product Disclosure Statement for your products. HOW DOES THIS DOCUMENT AFFECT YOU? You receive and agree to these terms and conditions on your own behalf and as agent for anyone operating on your Account. You must pass on these terms and conditions to each of those persons, including all Online Services Users. Please contact DDH Graham Limited if you require further copies of this document. You, the Account holder, are responsible for the actions of all Users. Any Delegator is responsible for the actions of their Delegated Users. NEED TO KNOW MORE? You can contact us if you would like further information, or a copy of any terms and conditions, product information brochures or Product Disclosure Statements by contacting DDH Graham Limited below. General Enquiries 8.00am pm AEST Monday-Friday T (07) E exec@ddhgraham.com.au Level 9, 324 Queen Street Brisbane QLD 4000 GPO Box 330 Brisbane QLD 4001 Money Market Division 8.00am pm AEST Monday-Friday T (07) or T Adviser Services F (07) E moneymarket@ddhgraham.com.au Funds Management 8.00am pm AEST Monday-Friday T (07) F (07) E exec@ddhgraham.com.au
3 FEATURES AND BENEFITS The following services are available on some of our accounts through Online Services: Account balance enquiry Transaction history enquiry Download transaction details and export those details Transfer of funds between Nominated Accounts Transfer of funds to an account held at another financial institution, with Pay Anyone facilities BPay facilities Regular payment enquiry (regular savings plans and periodical payments) Statement view reprint Access to Audit Letter and Money Market Statement for specified period Confirmation of your Account contact details Define that more than one person must authorise transactions Send secure messages to us Link multiple Accounts for viewing under a single login Payments upload facility Change your secure password
4 REGISTRATION FOR ONLINE SERVICES Before you can access Online Services you must first register. You can register for Online Services in your initial Account application form or at a later date by completing an Online Services Registration Form and returning that completed form to us at our office, by mail, by fax or by attachment. Your registration provides us with details such as the Accounts that will be accessed by Online Services, how many people are required to authorise transactions to pay anyone accounts and other requests (e.g. requests for information). This nomination will override any contrary instructions that have been provided in relation to other access methods for Nominated Accounts (e.g. how many people are required to sign cheques or withdrawal forms). Where no nomination is made in relation to how many people are required to operate, the default will be any one signatory to authorise transactions. You must also nominate an Internet address, which may be used by us to provide you with notifications, alerts and messages. You should notify us in writing immediately if your address changes. If some cases you must nominate a mobile phone number for Online Services SMS Security, a code will be sent to that mobile phone number for added security when performing payments using Online Services. For the purposes of these Terms and Conditions, Security Code means a password or other code (including a code delivered by short-messaging service (SMS) to your mobile phone or issued by a security token or other method) required to access, and/or authorise transactions, via Online Services.
5 TYPES OF ONLINE SERVICES USERS There are five types of people who can access Accounts through Online Services: A customer with authority to operate an Account individually; An Authorised Signatory, who has been granted third party access to operate the Account on behalf of the Customer (including a Power of Attorney, stockbroker or financial adviser); An Authorised Signatory of an Account held jointly (including a company or trust account) where two or more persons are required to sign instructions but where individual access has been granted for Online Services; An Authorised Signatory of an Account held jointly (including a company or trust account) where two or more persons are required to sign instructions and where individual accesses have been issued for each person; and A delegated third party who has been granted enquiry access to the Account by the Account holder (including a self managed superannuation administrator or managed portfolio services provider under a limited power of attorney) Authorised Signatories and Other Delegated Third Parties The following rules apply in relation to providing Online Services access to your account: Any authorised signatory or delegated third party to your Account must be registered for Online Services either by indicating on the initial application form, or by subsequently completing the required registration form; Any authorised signatory who has been granted third party access to operate your Account will have full Internet access as if that person was the owner of the Account; The cancellation of any authorised signatory or delegated third party must be advised to DDH Graham Limited in writing; Each party who is granted Internet access to your Account will be issued with their own login and password details; and Any fees or charges incurred by the authorised signatory or delegated third party are payable by the Account holder
6 TRANSACTIONS PROCESSED VIA ONLINE SERVICES Some of our accounts allow you to transfer funds from your Account to an external bank account. Where this feature within the Account exists, the following applies: Withdrawals initiated by you from your Account can only be credited to pre-nominated bank accounts or other pay anyone accounts nominated at the time of the transaction; Withdrawals initiated by your appointed financial adviser, stockbroker or other authorised professional adviser may be transferred to your pre-nominated bank accounts or to any pay anyone third party your authorised Adviser requests; Your standard daily withdrawal limit for each bank account is $10, We will not increase your daily limit unless you request us to do so. You may apply for a temporary or permanent increase to this daily limit by applying to DDH Graham Limited and accepting the terms and conditions of the increased withdrawal limit. You must note that an increase in a daily limit increases the amount of transactions able to be performed on an Account including any unauthorised transaction for which you may be liable; There is no daily limit for withdrawal transactions performed on your behalf by your appointed financial adviser, stockbroker or other authorised professional adviser. This means that your appointed financial adviser, stockbroker or other authorised professional adviser can conduct unlimited withdrawals on your account; Once you have entered instructions via the Internet they cannot be stopped. You are responsible for ensuring that you transfer the correct amount of money to the correct account. For details on mistaken payments please refer to the Mistaken Internet Payments section below; We will not act on instructions when Account terms and conditions do not permit them; When we have instructions for more than one payment from your Account we will determine the order of priority in which payments are made; Transactions will only be processed on business days for requests correctly entered and authorised prior to cut-off times detailed in the product terms and conditions; and If we have processed your instructions and then we are notified by the receiving institution that the funds cannot be deposited into the account you have nominated, we will return the funds to the account from which the funds were transferred less any fees incurred;
7 Your transaction instruction will not be processed if: All necessary information is not provided There are insufficient available funds in your Account from which the funds are to be transferred; The amount of the transfer exceeds the maximum Internet transfer amount or daily limit; There is a restriction recorded against the Account which prevents the funds transfer; or We are restricted or prohibited by law, regulation, the requirement of a government or similar authority (including the Reserve Bank of Australia) or industry code from permitting the transfer to occur.
8 SMS SECURITY Where a mobile phone is required for use with Online Services, a code will be delivered by short messaging service (SMS) to your mobile phone (being the mobile phone with the mobile number nominated at the time of registration) when you use Online Services to make payments. You will need to enter the code you receive by SMS before the transaction can be processed. For cut off times and maximum daily transaction limits, refer to the section Transactions Processed via Online Services in these Terms and Conditions. The mobile phone number you nominate for use with Online Services must be an Australian mobile phone number. Your mobile phone should be for your exclusive use. If your mobile phone is used by other people, they may receive, or be able to access messages intended for you in connection with Online Services. It is your responsibility to adequately protect your mobile phone from unauthorised access. We exclude all liability for unauthorised access to information delivered to your mobile phone in connection with Online Services. It is your responsibility to ensure that you use a compatible mobile phone in connection with Online Services. We are not responsible for any inability of a mobile telephone device to receive messages from us or any loss or damage to a mobile telephone device resulting from your access, use or attempted use of the device with Online Services. If you travel outside of Australia and wish to access Online Services you should check with your telecommunications provider that your mobile phone will be able to use the SMS network in those countries in which you are travelling and that you can retain the same mobile phone number. You must immediately notify us if the phone number for your mobile phone changes or if your mobile phone is lost or stolen.
9 MISTAKEN INTERNET PAYMENTS A mistaken Internet payment ( Mistaken Payment ) is when you pay the wrong person or company ( unintended recipient ) by entering the BSB or Account Number details that do not belong to the named and/or intended recipient as a result of your error, or you being advised of the wrong BSB number and/or identifier. What to do if you have made a mistaken payment We can assist you with a mistaken payment made via Online Services by contacting the financial institution at which your Account is held (Account Provider) on your behalf with the details of the mistaken payment. To report a mistake on your Account, contact us as soon as possible to let us know. The sooner you contact us, the better the chance of getting your money back. DDH Graham may be contacted by: Calling us on (07) or our toll free number , or our Adviser Services number on ; Monday to Friday, 8.30am to 5.30pm AEST; or ing us at moneymarket@ddhgraham.com.au
10 TERMINATION AND SUSPENSION The agreement for us to provide Online Services to you, the Account holder, commences on the date we accept your application and continues until it is terminated in accordance with these terms and conditions. You can terminate your Online Services access, or the access granted to any authorised signatory or delegated third party by notifying us in writing; Your Authorised signatory or delegated third party may terminate their access at any time by notifying us in writing; We can suspend your access to Online Services if: We believe that use of Online Services may cause loss to you, DDH Graham Limited or any underlying product issuer We believe that the quality or security of Online Services is inadequate We are required to do so by law or court order If we deem your use to be inappropriate We are otherwise obliged to discontinue provision of Online Services; or You, your agent or someone acting under your direction, is suspected of being involved in fraudulent activity in dealing with us. You must notify us in writing of your request to disable online services for any appointed authorised signatory. RISKS Once a transaction has been confirmed through Online Services, it cannot be stopped. You, the Account holder, are liable for any debts incurred on your Account by any authorised signatory or delegated third party. There is a risk of unauthorised transactions occurring on your Account because of computer or human error or fraud. Whilst we have mitigated some of this risk in not allowing withdrawal transactions to third party accounts, you must ensure that your login and security codes are always kept secure. Should your authorised financial professional process a file upload containing debits that are incorrect we will attempt to recover any incorrect payment on your behalf, but if we are unable to do so, we are not responsible for that payment.
11 WARRANTIES We do not warrant: That the Online Services provided via DDH Graham Limited will be available at all times, will be uninterrupted or error-free; or The quality, accuracy or fitness for any particular purpose. PROTECTING YOUR ONLINE SERVICES DETAILS The security of your login and Security Codes is important as anyone who has them may be able to make transactions to nominated accounts. You must make every effort to ensure that your login and Security Codes are not misused, lost or stolen. Each Security Code must be kept secure. You or the account signatory must promptly notify us: of the loss, theft or unauthorised use of a Security Code relating to your Account; or if a Security Code is not working properly; and of any situation arising that might reasonably be expected to lead you to believe that loss, theft or unauthorised use of a Security Code might occur. If you nominated a mobile phone number for use with Online Services, you must promptly notify us of the loss or theft of your mobile phone. If you unreasonably delay giving us the notification, you may be responsible for some of the losses occurring as a result of the delay. PROTECTING YOUR PASSWORD When you change your password, we suggest you choose a password that can be remembered without the need to record it. You must avoid using any number or word that may be linked to you by other persons such as your date of birth or any other alphabetical code which is a recognisable part of your name. WHAT TO DO IF YOU THINK THAT YOUR SECURITY HAS BEEN COMPROMISED Tell us immediately You must tell us immediately if you have lost your login, forgotten your password or suspect that unauthorised transactions have been made to your nominated account. You will need to give us all relevant information so that we can suspend access to your account/s linked to Online Services until replacement codes are issued. Please note you are liable for all losses resulting from transactions that are carried out by any person with your knowledge and consent.
12 LIABILITY FOR UNAUTHORISED TRANSACTIONS When you are NOT liable You will not be liable for losses that you incur or suffer that: Are caused by the fraudulent or negligent conduct of our staff or agents or companies involved in networking arrangements; Relate to forged, faulty, expired or cancelled component of Online Services (e.g. a password); Relate to faulty equipment, or an equipment malfunction for equipment belonging to the User; Result from the same account being incorrectly debited more that once (duplicated payment); Result from an unauthorised transaction that occurs after you have notified us to suspend or cancel login details; or Result following 48 hours after notification to us to cancel the third party transaction authorisation issued to your financial professional. When you ARE liable If we can prove that you, or a User authorised by you, contributed to the loss arising from the unauthorised transaction: Through fraud; By voluntary disclosing your login or a Security Code to anyone, including family or friends; By selecting a password which represents your date of birth, name or any numeric or alphabet code which is a recognisable part of your name; and By failing to protect your details. INDEMNITY To the extent permitted by law, you, the Account holder, indemnify us against any loss or damage we may suffer due to any claim, demand or action of any kind brought against us arising directly or indirectly because you or anyone acting with your authority acted negligently or fraudulently in connection with these terms and conditions.
13 LIMITATION OF OUR LIABILITY We are not liable for: Any loss, expense or damage arising out of the inaccuracy of instructions given by you or a User to us; Any losses caused by the failure of our equipment where our system or equipment has not accepted your or a users instructions; For the unavailability or loss of access to Online Services under any circumstances; Nor are we liable for the refusal of any receiving institution to accept the electronic transaction. CHANGES TO TERMS AND We can change the terms and conditions that apply to your Account, the way you access your Account, or any other service we provide. We can also add new products or stop existing products at any time. We will tell you of changes to these terms and conditions in accordance with the law and any code to which we subscribe. We will let you know in writing if we: Increase your liability for losses relating to Online Services; or Impose, remove or adjust transaction limits which apply to the use of an access method, Account or electronic equipment. We will notify you of any other change to the banking services we provide to you by writing to you before the change takes effect, placing a notice in a major daily newspaper, placing a notice on or with statements of Account. If we are required to notify you of any changes, we will send the notice to the last mailing address recorded by us, or if you have nominated as your primary contact method. For joint accounts, we will only send one notice. Alternatively, we may advise of changes to Online Services via posting the information on our website.
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