ANZ - Terms and conditions

These Terms and Conditions apply to all customers who have registered for Mobile Phone Banking after 8 March 2010. If you registered before this date, please contact us on 0800 ANZ MOBI (0800 269 6624) to obtain a copy of the applicable Terms and Conditions.

ANZ Mobile Phone Banking Helpline
About the Mobile Phone Banking Terms and Conditions
Definitions
Service descriptions
Eligibility for Mobile Phone Banking
Accounts
Access to accounts and availability of Mobile Phone Banking
Multi-authority accounts
Customer Registration Number and PIN
Instructions - M-Banking
Electronic Payments and Transfers - M-Banking
Receipt of Deposits
Liability for losses
Suspension and cancellation
Fees and charges
Your personal information
Variation of Terms and Conditions
Discrepancies/errors, questions or complaints
Governing law

ANZ Mobile Phone Banking Helpline

For more information on Mobile Phone Banking, please call the ANZ Mobile Phone Banking Helpline on 0800 ANZ MOBI (0800 269 6624).

The ANZ Mobile Phone Banking Helpline will be available 24 hours, 365 days a year. This service is provided on the condition that neither we nor our employees will be liable for any direct or indirect loss suffered by you, resulting from your use of the ANZ Mobile Phone Banking Helpline service.

The ANZ Mobile Phone Banking Helpline will not be responsible for providing advice specific to your Mobile Device, including data connections or cellular charges to your Mobile Device accounts.

About the Mobile Phone Banking Terms and Conditions

The Mobile Phone Banking Terms and Conditions (the "Terms and Conditions") apply to the Mobile Phone Banking service. These Terms and Conditions apply in addition to the terms and conditions that apply to your accounts and ANZ services accessed using Mobile Phone Banking. Where inconsistent, and unless otherwise specified, these Terms and Conditions will override the Signing Authority or any other mandates or signing authorities, and terms and conditions for specific products and services in relation to all transactions using Mobile Phone Banking. Additional conditions may be implied by law or may be agreed to in writing by you.

By registering to use Mobile Phone Banking, and using Mobile Phone Banking, you agree to be bound by these Terms and Conditions.

Definitions

In these Terms and Conditions:

Account and accounts means all accounts associated with your Customer Registration Number.

Account Balance means, in relation to an account at any time, the balance of that account incorporating the most up to date information available to our Mobile Phone Banking systems at that time. You should note that the Account Balance at any time may not include all transactions that have occurred prior to that time and may not always represent the amount of funds that are actually available for withdrawal at that time (e.g. some funds may not yet be cleared).

ANZ Mobile Phone Banking Helpline means the Mobile Phone Banking contact centre as referred to under the heading 'ANZ Mobile Phone Banking Helpline'.

Business Day is any day excluding a Saturday or Sunday, a public holiday and any day on which ANZ is not open for retail business.

Customer Registration Number means the number issued to you by us which enables us to identify you and your accounts when you access Mobile Phone Banking.

Electronic Payment means a one-off payment in accordance with these Terms and Conditions.

M-Banking means the use of a Mobile Device to connect you to us via a data connection through an Internet browser in order to carry out a range of Electronic Payments, Transfers, Account Balance enquiries and other enquiries and transactions.

Mobile Device is a device that communicates with us via SMS or connects to us via a data connection through an Internet browser.

Mobile Phone Banking means M-Banking and TXT Banking.

Multi-authority account means the multi-authority account referred to under the heading "Multi-authority account".

PIN means a confidential numeric PIN of between 7 and 16 digits used to prevent unauthorised access to and use of your accounts when using M-Banking. The PIN includes the initial activation password provided to you by ANZ before you begin using M-Banking.

Payment Date means the date selected by you for any Electronic Payment or Transfer to be made.

Transfer means the transfer of funds between accounts.

TXT Banking means the use of a Mobile Device to communicate with us via SMS in order to request and receive Account Balances and mini statements for your accounts.

You and your means the account owner(s) in respect of the accounts accessible by using Mobile Phone Banking.

We, us and Bank means ANZ, part of ANZ National Bank Limited, and where the context requires, includes all companies in the ANZ National Bank Group.

Service descriptions

Mobile Phone Banking consists of two separate services:

M-Banking
TXT Banking

Eligibility for Mobile Phone Banking

You can register for Mobile Phone Banking provided that:

you are registered as an ANZ Phone Direct customer
you are 15 years of age or older (unless we agree otherwise)
you have an eligible Mobile Device capable of SMS messaging (for TXT Banking), or internet browser enabled (for M-Banking)
you are authorised to use and incur charges on your Mobile Device cellular account in relation to Mobile Phone Banking.

Not all Mobile Devices will be capable of accessing and using Mobile Phone Banking. We will not be responsible for any inability of your Mobile Device to access or use Mobile Phone Banking or for any loss or damage to your Mobile Device resulting from your access or use, or attempted access or use, of Mobile Phone Banking, and you should satisfy yourself as to these matters before attempting to access or use Mobile Phone Banking.

Accounts

Mobile Phone Banking is only available on accounts which you nominate.

Access to accounts and availability of Mobile Phone Banking

M-Banking: You can access and transact on most accounts on which you are the account owner (that is, accounts associated with your Customer Registration Number) and on which you are authorised to act alone. You can access and transact on most accounts associated with your Customer Registration Number on which you are authorised to sign jointly with another person (see the heading "Multi-authority accounts" for more information).

TXT Banking: You can request and receive information on most accounts on which you are the account owner (that is, accounts associated with your Customer Registration Number). You cannot transact using TXT Banking.

Limits to the maximum number of accounts accessible using M-Banking or TXT Banking may apply. ANZ may further restrict the accounts which you can nominate for use on Mobile Phone Banking. It may also restrict your use of Mobile Phone Banking on a particular account. For instance, ANZ may limit the amount of any type of transaction on a particular account.

Multi-authority accounts

Mobile Phone Banking is available on accounts on which more than one signatory is required to authorise a transaction. These accounts are called "Multi-authority accounts".

A person authorised by the account holder to access a multi-authority account has individual access to the accounts on Mobile Phone Banking. This means that a Mobile Phone Banking user may access a multi-authority account and authorise transactions without the knowledge or approval of the account holder(s) or other signatories or other Mobile Phone Banking users on the account. This access increases the risk of fraud on a multi-authority account. The signatories on a multi-authority account must therefore consider carefully whether to permit access to the accounts on Mobile Phone Banking. ANZ:

is not liable for any loss on a multi-authority account which results from the use of a PIN and Customer Registration Number issued to a Mobile Phone Banking user on a multi-authority account
may rely on all instructions received from and is not required to verify the identity of any person using a PIN and Customer Registration Number issued to a Mobile Phone Banking user on a multi-authority account.

Except where inconsistent with the liability provisions above, the liability provisions under the heading "Liability for Losses" apply equally to multi-authority accounts.

Before ANZ can give access to a multi-authority account on Mobile Phone Banking, all signatories required to authorise transactions on the multi-authority account must sign an ANZ Phone Direct application form authorising ANZ Phone Direct access. The signatories of a multi-authority account must:

ensure that the account holder has authorised access to the multi-authority account on Mobile Phone Banking
ensure that there is nothing (e.g. any provision of a company's constitution or a trust deed) to prevent ANZ giving access to the account on Mobile Phone Banking.

You agree that where access is provided to a user on a multi-authority account, that user may incur particular fees. These fees will be charged to your Nominated Account. Please refer to the "Fees and Charges" section below for more information on applicable fees.

Customer Registration Number and PIN

Your existing ANZ Phone Direct Banking Customer Registration Number is required. The Customer Registration Number is important because it will enable ANZ to identify you as a Mobile Phone Banking customer and those accounts that you have registered for the Mobile Phone Banking service.

Your PIN is very important. You must memorise it. If you have any difficulty with remembering your PIN, please consult ANZ on the selection of your PIN.

You must:

not keep any record of it, in written or electronic form
not write it down
not disclose it to, or allow it to become known to, any person, including family members or those in apparent authority, including Bank staff
not negligently or recklessly disclose it by, for example, failing to take reasonable care when keying it in to prevent others from identifying it
not leave your Mobile Device unattended and left logged into M-Banking
delete all TXT Banking messages to and from ANZ
lock your Mobile Device or take other steps necessary to stop unauthorised use of Mobile Phone Banking
notify us immediately if your Mobile Device is lost or stolen, or if you change your Mobile Device or Mobile Device phone number.

The PIN that you select must not be easily identifiable or guessed or based on easily accessible personal data (such as sequential numbers, birth months, telephone numbers etc).

If your PIN is or may have been disclosed, you must change it immediately and notify the Contact Centre on 0800 ANZ MOBI
(0800 269 6624). ANZ encourages you to change your PIN on a regular basis. To change your PIN, use the "Change PIN" option within M-Banking.

Instructions – M-Banking

You acknowledge that use of M-Banking and your PIN provides 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 M-Banking for any purpose other than to carry out your banking transactions and enquiries available through M-Banking.

Electronic Payments and Transfers – M-Banking

To set up an Electronic Payment, choose "Payments" in M-Banking, and make a one-off payment to the account of an organisation or individual. The account number can be entered at the time of the payment, or may be selected from a list of account numbers you have stored as favourites.

To set up a Transfer, choose "Transfers" in M-Banking, select the accounts you wish to transfer from and to, and the amount of the Transfer.

When you create an Electronic Payment or Transfer, you are authorising us to debit your account from which the Electronic Payment or Transfer is to be made on the Payment Date, with the amount to be paid to the other party or account, and to deduct any current Bank and/or Government charges that relate to this service.

Deposits to your account, used to create an Electronic Payment or Transfer, that are subsequently dishonoured may be debited back to your account.

You will need to know the other party's bank account number to set up an 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 ANZ account number is wrong.

We will endeavour to ensure that Electronic Payments and Transfers are processed, so long as there are sufficient available funds in your account at 10.30pm on the Payment Date. There is no fee charged if the Electronic Payment or Transfer is not paid, or is cancelled.

We will also endeavour to process your Electronic Payments and Transfers within the following timeframes:

transactions made before 10.30 pm on a Business Day, on that day
transactions made after 10.30 pm, or on a non-Business Day, on the next Business Day.

It may take longer for some organisations to reconcile your Electronic Payment against your account with them.

You can only be sure that each Electronic Payment or Transfer instruction is completed once you have received an electronic confirmation from us to your Mobile Device confirming the Electronic Payment or Transfer has been accepted or not accepted. If you are in any doubt as to whether an Electronic Payment or Transfer instruction has been completed, please contact the Contact Centre on
0800 ANZ MOBI (0800 269 6624).

Electronic Payments and Transfers are irrevocable by you and cannot be stopped, cancelled or altered once your payment or transfer has been processed. You must advise us immediately if any incorrect Electronic Payment or Transfer information is shown on your bank statement.

If your Electronic Payment or Transfer 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 or any other relevant law) for:

any delay, refusal or omission to make Electronic Payments or Transfers
delay, refusal or omission to follow your Electronic Payment or Transfer instructions
the accuracy of information you provide when setting up an Electronic Payment, including account numbers
electronic payments or transfers made in accordance with your Electronic Payment or Transfer instructions
any other failure to fulfil our obligations, due to causes beyond our reasonable control (including, without limitation, the delay, failure, default or lack of coverage or reception 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).

You are solely responsible for making arrangements in relation to any payment if an Electronic Payment or Transfer is not made on the Payment Date for any reason.

We may, in our absolute discretion:

determine the order or priority of payment by us of any monies under an Electronic Payment or Transfer, or any other authority, or transfer instruction which you have given, or may give, or any cheque which you have issued, or may issue
refuse to make any one or more Electronic Payments or Transfers where there are insufficient available funds in your account or otherwise
terminate your Electronic Payment or Transfer instructions, or reduce any Electronic Payment or Transfer amount for any reason and at any time whatsoever, without giving you notice.

Any Electronic Payment and Transfer 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 and Transfer instructions will remain in force and effect in relation to all Electronic Payments and Transfers made in good faith despite your death or bankruptcy or any other revocation of your Electronic Payment or Transfer instructions, until we have received notice of that revocation.

Unless you make prior arrangements with ANZ, an Electronic Payment must not exceed $1,000.00. Please contact the ANZ Mobile Phone Banking Helpline on 0800 ANZ MOBI (0800 269 6624) if you have any further queries on transaction limits.

Receipt of deposits

ANZ will not receive deposits to an account on the basis that they are to be reserved or applied for any particular purpose. All deposits which are made to your accounts will be dealt with in the normal course of business.

Liability for losses

ANZ will do its best to ensure continuous access to Mobile Phone Banking. However, ANZ is not responsible for any loss you suffer as a result of you being unable to use Mobile Phone Banking.

ANZ takes vigorous security measures to protect customers’ data. We will endeavour to provide a secure system within which you can carry out your M-Banking transactions and retrieve personal account information. TXT Banking messages are not encrypted as the messages do not contain sufficient information to enable someone to access your accounts. However, you are responsible for taking reasonable and appropriate security measures in relation to your own Mobile Device. If unauthorised access to your account occurs through your failure to have such security measures in place you may be liable for any loss that you may suffer as a result of those unauthorised transactions.

You are not liable for loss caused by:

fraudulent or negligent conduct by employees or agents of ANZ or parties involved in the provision of electronic banking services
faults that occur in the Mobile Phone Banking machines or systems used, unless the faults are obvious or advised by us
unauthorised transactions occurring before you have received any PIN or Customer Registration Number. In any dispute about receipt of PINs that are not issued to you in person, we will rely on proof of dispatch to your correct address as proof that the PIN was received
any other unauthorised transactions where it is clear that you could not have contributed to the loss.

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

You may be liable for some or all of the loss from unauthorised transactions if you have contributed to or caused that loss by, for example:

selecting an unsuitable PIN (see the section headed "Customer Registration Number and PIN" for examples)
keeping a written or electronic record of a PIN, or disclosing any PIN or Customer Registration Number to any other person
failing to take all reasonable steps to prevent disclosure to any other person when keying in a PIN or Customer Registration Number
unreasonable delay in notifying ANZ of the actual or possible disclosure to any other person of your PIN or Customer Registration Number
leaving your Mobile Device unattended and logged into M-Banking
failing to delete TXT Banking messages to or from ANZ
any other failure to comply with these Terms and Conditions.

If you have promptly reported the actual or possible disclosure of your PIN or Customer Registration Number to ANZ, you are not liable for loss occurring after notification to ANZ unless you have acted fraudulently or negligently.

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 notification to ANZ is limited to the lesser of:

NZ$50
the balance of your accounts, including any pre-arranged credit
the actual loss at the time you notified ANZ.

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 notification to ANZ except for that portion of the total losses incurred that exceeds the balance of your accounts, including any pre-arranged credit.

If you let anyone else use your Customer Registration Number and PIN, you will be liable for any transactions made on M-Banking by or with the consent of that person.

For the purpose of applying this Liability for Losses section, each transaction by any Mobile Phone Banking user on a Multi-Authority Account is a use that is authorised by each account holder and signatory on the account.

Suspension and cancellation

ANZ can suspend or cancel your access to Mobile Phone Banking without giving you notice and without being responsible for any loss which you suffer as a result.

You may end the use of Mobile Phone Banking at any time by giving written notice to ANZ.

Fees and charges

ANZ will not charge fees for using Mobile Phone Banking. Transaction fees apply to “pay as you go” accounts. These fees may be changed by ANZ from time to time. Full details of all current fees and charges are available from any ANZ branch or at anz.co.nz.

You may also incur charges from your mobile operator including charges for sending or receiving SMS messages and using the Internet browser. Any such charges are your sole responsibility and any matters regarding these charges should be raised with your mobile service provider.

Your personal information

Information you provide to ANZ will be kept strictly confidential and will be securely held by ANZ. You have a right to access the information by inquiring at any branch of ANZ and you may also request that it be corrected. A fee may be payable.

The information will be used by ANZ to administer your banking facilities including Mobile Phone Banking. If you agree, it will also be used to provide you with information (including via electronic message) from time to time on opportunities for further products and services. ANZ may contact the source of any information that you provide to ANZ in order to check the accuracy of the information.

ANZ may disclose information about you to credit reference agencies, debt collection agencies and other ANZ Group companies for the above purposes, including details of any defaults in payments or repayments of your financial facilities.

ANZ may obtain information and make such inquiries about you as ANZ may consider warranted from any source, including credit reference agencies and other ANZ Group companies for the above purposes.

Variation of Terms and Conditions

ANZ may change these Terms and Conditions and fees at any time. ANZ will give you at least 14 days notice of any change before it takes effect by:

direct communication with you (for example by notice on your account statement, via SecureMail or electronic notice (including via your Mobile Device))
displays at branches of ANZ
by statements in the media.

Discrepancies/errors, questions or complaints

Please contact ANZ immediately if:

you think there is a discrepancy/error on your bank statement
you have any questions or complaints.

You will need to give ANZ:

your name
your account number
any details you can about the suspected error or discrepancy, or the nature of your question, including the amount of money involved.

ANZ may request further information from you to assist in its inquiries. ANZ will make every effort to answer or resolve your questions or complaints quickly and fairly. Where ANZ established that an error did occur, it will promptly correct the error (to the extent possible) and reimburse any interest or fees charged to you as a result of the error. ANZ will adjust any errors that have been made on your statement.

If you are not satisfied that your inquiry has been properly dealt with please ask at any branch of ANZ for a copy of the brochure "Could We Do Better?". This brochure sets out further options available to you.

Governing law

Mobile Phone Banking is governed by, and is to be interpreted consistently with, New Zealand legislation and codes of practice.