Loading Menu
Conditions of Use
Print Page

Effective date: 18 February 2007

Introduction

Conditions of Use

1. Application of Conditions of Use

2. How we act on your instructions (See also clause 10 for additional special conditions that apply to BPAY® Payments)

3. When we may refuse to carry out a transaction, and suspension and termination of the Services

4. Token ownership and replacement

5. Accuracy of information

6. Checking account records

7. What you should do if you think we have made a mistake

8. Protecting your Username, PIN, Token and Token Code

9. Liability for unauthorised transactions (other than BPAY Payments)

10. Special Conditions of Use for the BPAY® Scheme

11. Liability for mistaken payments, unauthorised transactions and fraud using the BPAY® Scheme

12. Disclaimer and limitation of liability

13. Fees and charges

14. Changes to these Conditions of Use and notices

15. Privacy of information you provide to us using Rabobank Internet Banking (See also clause 16 for special conditions relating to Privacy of Information you provide to us using the BPAY® Scheme)

16. Privacy of information you provide to us using the BPAY® Scheme

17. Severance

18. Conditions of Use binding

19. Glossary - Meaning of important words

Introduction

This section contains the Conditions of Use which apply to your access to and use of Rabobank Internet Banking. Please read carefully through the Conditions of Use now. If you do not understand any part of them, please contact our staff via the Rabobank Internet Banking InfoLine on 1800 640 442 in Australia, or if you are overseas +61 2 8115 2002. It is important that you know your rights and obligations when accessing and using Rabobank Internet Banking.

In order to use Rabobank Internet Banking, you must agree to accept these Conditions of Use by clicking on the "Accept" button at the end of this section (upon login). If you do not agree with any of these Conditions of Use, click on the "Decline" button (upon login). You will then not be able to proceed further into the Rabobank Internet Banking site.

These Conditions of Use operate alongside any other terms and conditions which apply to the individual accounts or products affected by your use of Rabobank Internet Banking (the product terms and conditions) and together govern your access to and use of the Services. These Conditions of Use are to be read together with and, to the extent of any inconsistency, override the product terms and conditions in relation to Rabobank Internet Banking.

The Rabobank Internet Banking Conditions of Use published on the Rabobank website represent the current Conditions of Use and replace any other Rabobank Internet Banking Conditions of Use published on the Rabobank website or issued in any other form prior to the date specified above as the current date.

You should read these Conditions of Use carefully before you use any of the Services for the first time, and refer back to them from time to time to ensure that you understand the basis upon which the Services are made available to you.

The meaning of important terms used in these Conditions of Use is set out in the Glossary at the end of these Conditions of Use.

Conditions of Use

1. Application of Conditions of Use

We only allow you to access and use Rabobank Internet Banking and the Services in accordance with these Conditions of Use. All Instructions received are governed by these Conditions of Use and the product terms and conditions.

We are a member of the BPAY® Scheme. The BPAY Scheme is an electronic payments scheme through which you can ask us to make a payment on your behalf to organisations (Billers) who tell you that you can make payments to them through the BPAY Scheme (BPAY Payments). The BPAY Scheme is only available in respect of Rabobank All in One Accounts opened in Australia.

We will tell you if we are no longer a Member of the BPAY Scheme.

There are special conditions that apply to the use of the BPAY Scheme. These special conditions are contained in clauses 10, 11 and 16 of these Conditions of Use.

2. How we act on your instructions (See also clause 10 for additional special conditions that apply to BPAY Payments)

Until you notify us in accordance with these Conditions of Use that you think your Username, PIN or Token has been compromised, or that you wish to terminate your access to the Services, we may act on any instructions received apparently sent using your Username, PIN and Token Code (Instructions).

If you have authorised another person to have access to your accounts using Rabobank Internet Banking, you are also liable:

  • for any Instructions we act upon apparently sent using that person's Username, PIN and Token Code; and
  • for any breach of these Conditions of Use by that person, including if that person contributes to an unauthorised access to an account under clause 9 below.

We will act on Instructions received on a Business Day if those instructions are received by the relevant payment cut-off times; please refer to the Rabobank Internet Banking FAQ on our websites or refer to the Rabobank Internet Banking online help for payment, transfer and interest rate booking cut-off times.

We may act on instructions received after these times on the next Business Day. Instructions received on a day which is not a Business Day may be acted on by us on the next Business Day.

If we permit you to instruct us to carry out a transaction on a future date we will act on your Instructions on that date, unless that date is a day which is not a Business Day, in which case we will act on the Instructions on the next Business Day after that date. You must be careful to ensure that you tell us the correct amount you wish to pay. If you request us to make a payment and after we have made that payment you determine that the amount was greater than the required amount or you quoted an incorrect recipient account, then we are not liable to you in relation to that mistake and it is your responsibility to contact the recipient to claim a refund.

If the amount you told us to pay or transfer was less than the amount you needed to pay or transfer, then you can make another Payment or transfer to the recipient to make up the difference.

If you have instructed us to carry out a transaction other than a BPAY Payment, and subsequently wish to revoke that Instruction, we will use our best endeavours to carry out your subsequent request, but accept no responsibility or liability for doing so.

3. When we may refuse to carry out a transaction, and suspension and termination of the Services

We may place daily or other limits on the amount or value of transactions we permit to be carried out using the Services. We may do this at any time without notice. This may also affect your ability to make a Payment using the Services.

We may from time to time and without prior notice to you, suspend or terminate your access to the Services for any reason, including in order to protect the integrity or security of our website, for maintenance or reasons beyond our control such as internet outages. During a period of suspension or termination of the Services, we may not be able to act on any Instructions received from you.

You may terminate your access to the Services, or that of any person authorised by you to use the Services, by giving us notice in writing. This notice is not effective until it is received by us and may be given by the Secure Message function of Rabobank Internet Banking.

We may refuse to carry out a transaction or act on Instructions if:

  • You have informed us in writing that you wish to terminate access to the Services or if you are authorised by another person or persons to use the Services, that person or persons has withdrawn your authorisation to use the Services;
  • You have informed us or we believe that your Username, PIN or Token has been compromised or is being used or will be used in a way that will cause losses to you or us; or
  • The Instructions involve a transfer or other transaction which would exceed the funds available for the transfer or transaction or any daily or other limit we may place on use of the Services.

If, for any reason, any of the Services are unavailable, we recommend that you take steps to carry out any transaction through alternative means.

4. Token ownership and replacement

The Token at all times remains the property of Rabobank and you agree to return it to us on:

  • Request by us;
  • Cancellation of your access to Rabobank Internet Banking;
  • Closure of all of your accounts accessible by Rabobank Internet Banking;
  • If you are authorised by another person or persons to use the Services, that person or those persons withdrawing your authorisation to use the Services; or
  • The issue to you of a replacement Token.

We may disable a Token (i.e. prevent it from being used to access Rabobank Internet Banking) for any reason including if we suspect that a person who is attempting to access Rabobank Internet Banking is not authorised to do so.

After a period of time, Tokens must be replaced. We will issue you with a replacement Token at the appropriate time.

5. Accuracy of information

We take all reasonable steps to ensure that the information that we make available to you through Rabobank Internet Banking is correct and updated regularly at the intervals we specify from time to time. We will not be liable for or in connection with any inaccuracy, errors or omissions in that information.

6. Checking account records

You should check your account records carefully and promptly report to us as soon as you become aware of any transactions that you think are in error or are transactions that you did not authorise, or you become aware of any delays in processing your transactions.

7. What you should do if you think we have made a mistake

Contact us as soon as possible if you think:

  • there has been a mistake in a transaction made using the Services
  • information received from Rabobank Internet Banking is incorrect.

If we are unable to resolve the issue immediately we will notify you of the outcome, normally within 10 Business Days. Should the investigation take longer than 10 Business Days we will notify you of the delay and the reason for the delay.

If we find an error in your account, we will promptly correct the error, adjust interest and charges accordingly and tell you what we have done.

If we conclude that no error has occurred, you may ask us to review our investigation and give you a copy of the material on which we based our decision. (However, we cannot give you material which may infringe a duty of confidentiality, a legal obligation or may adversely affect our interests). If you are not satisfied with our response or if the error relates to a BPAY Payment and has not been resolved within 20 Business Days of being notified to us, we will advise you of other avenues of dispute resolution open to you.

8. Protecting Your Username, PIN, Token and Token Code

It is essential that you take all reasonable steps to protect the security of your Username, PIN, Token and Token Code, including by:

(a) Not keeping a written record of your Username or PIN. However, if you do keep a record of your Username or PIN, you must ensure that they are kept in secure places separate from each other and your Token and anything which may identify you or your accounts.

(b) Keeping your Token in a secure place separate from any record of your Username or PIN and anything which will identify you or your accounts. This also means that you must not give your Token to anyone else.

(c) Ensuring that no one else knows your Username, PIN or Token Code or can access Rabobank Internet Banking using your Username, PIN or Token Code.

(d) Taking care when using the Services that no one can see you enter your Username, PIN or Token Code.

(e) Selecting a PIN that is not easily guessed and changing it reasonably frequently.

If at any time you suspect that:

i) You have lost your Token or a record of your Username or PIN or they have been stolen;

ii) Someone else may know your Username, PIN or Token Code; or

iii) Someone may have accessed your Rabobank accounts without your authority

you must immediately inform us by telephoning our Rabobank Internet Banking InfoLine on 1800 640 442 in Australia, or if you are overseas +61 2 8115 2002. If you telephone us outside our normal office hours you may be asked to leave a message. You must give your full details when you leave a message so that we may act upon your instructions at the earliest opportunity.

If you do not follow the requirements of this clause, you may be liable for any losses which arise.

9. Liability for unauthorised transactions (other than BPAY Payments)

This clause sets out when you may be responsible for losses which occur as a result of unauthorised access to your accounts, or if you unreasonably delay notifying us of certain matters.

a) You will not be liable if you did not unreasonably delay to tell us that any of your Username, PIN, Token or Token Code may have been misused, lost or stolen, or become known to someone else and any transactions were carried out without your knowledge or consent.

b) If you contribute to the unauthorised access in any way, including because you fail to comply with clause 8(a), (b), (c), (d) or (e) of these Conditions of Use, then you are liable for any losses up to the least of:

  • the total loss up to the end of the day that we are told that your Token or a record of your Username or PIN has been lost or stolen or someone else may know your Username, PIN or Token Code or that someone may have accessed your Rabobank accounts without your authority; or
  • the total of the amounts you could have withdrawn, paid or transferred from the account(s) accessible by you using Rabobank Internet Banking on each of the days that your Username, PIN, Token or Token Code is used without your permission up to the end of the day we are told that your Token or a record of your Username or PIN has been lost or stolen or someone else may know your Username, PIN or Token Code or that someone may have accessed your Rabobank accounts without your authority; or
  • the total funds available on the account(s) accessible by you using Rabobank Internet Banking.

c) If you contribute to the unauthorised transaction(s) because you unreasonably delay to:

  • tell us that any of your Username, PIN, Token or Token Code may have been misused, lost or stolen; or
  • tell us that any of your Username, PIN or Token Code may have become known to someone else; or
  • tell us that someone may have accessed your Rabobank accounts without your authority

then you are liable for any losses directly attributable to that delay. Your liability for these losses will not exceed the least of:

  • the losses that could have been prevented between the time you became aware (or should have become aware) that your Token or a record of your Username or PIN has been lost or stolen or someone else knows your Username, PIN or Token Code or that someone may have accessed your Rabobank accounts without your authority, and the time we were told; or
  • the total of the amounts you could have withdrawn, paid or transferred from the account(s) accessible by you using Rabobank Internet Banking on each of the days that your Username, PIN, Token or Token Code is used without your permission up to the end of the day we are told that your Token or a record of your Username or PIN has been lost or stolen or someone else may know your Username, PIN or Token Code or that someone may have accessed your Rabobank accounts without your authority; or
  • the total funds available on the account(s) accessible by you using Rabobank Internet Banking.

d) You are not liable for unauthorised use that:

  • occurs before you have received your Username, PIN or Token; or
  • takes place after you tell us that any of your Username, PIN, Token or Token Code have been misused, lost or stolen or may have become known by someone else.

10. Special Conditions of Use for the BPAY Scheme

This clause sets out additional special conditions that apply to your use of the BPAY Scheme.

(a) You need to be registered with Rabobank Internet Banking in order to use BPAY. BPAY Payments may only be made from a Rabobank All in One Account opened in Australia.

(b) We will not accept an order to stop a BPAY Payment once you have instructed us to make that BPAY Payment.

(c) To make a valid BPAY Payment you must give us the following information:

  • the Biller's name and Biller Code;
  • the Customer Reference Number;
  • the account from which the payment is to be made;
  • the amount of the payment; and
  • the date for payment.

We will then debit your account with the amount of that BPAY Payment.

(d) Billers who participate in the BPAYScheme have agreed that a BPAY Payment you make will be treated as received by the Biller to whom it is directed:

  • on the date you make that BPAY Payment, if you tell us to make the BPAYPayment before our payment cut-off time on a Business Day; or
  • on the next Business Day, if you tell us to make a BPAY Payment after our payment cut-off time on a Business Day, or on a non Business Day.

(e) Your BPAY Payment may take longer to be credited to a Biller if there is a non Business Day after the day you tell us to make a BPAY Payment or if another participant in the BPAY Scheme does not comply with its obligations under the BPAY Scheme. While it is expected that any delay in processing a BPAY Payment for the reasons specified in this clause will not continue for longer than one Business Day, any such delay may continue for a longer period.

(f) You acknowledge that we are not obliged to effect a BPAY Payment if you do not give us all of the above information in clause 10(c) above, or if any of the information you give us is inaccurate.

(g) If we are advised that your BPAY Payment cannot be processed by a Biller, we will:

  • Advise you of this;
  • Credit your account with the amount of the BPAY Payment; and
  • Take all reasonable steps to assist you in making the BPAY Payment as quickly as possible.

(h) Your liability for unauthorised BPAY Payments is set out in clause 11 of these Conditions of Use. If you tell us that a BPAY Payment made from your account is unauthorised, you must first give us your written consent addressed to the Biller who received that BPAY Payment, consenting to us obtaining from the Biller information about your account with that Biller or the BPAY Payment, including your customer reference number and such information as we reasonably require to investigate the BPAY Payment. If you do not give us that consent, the Biller may not be permitted under law to disclose to us the information we need to investigate or rectify that BPAY Payment.

(i) You acknowledge that the receipt of a Biller of a mistaken or erroneous BPAYPayment does not or will not constitute under any circumstances part, or whole satisfaction of any underlying debt owed between you and that Biller.

11. Liability for mistaken payments, unauthorised transactions and fraud using the BPAY Scheme

(a) We will attempt to make sure that your BPAY Payments are processed promptly by the participants in the BPAY Scheme, including those Billers to whom your BPAY Payments are to be made. You must promptly tell us if:

  • You become aware of any delays or mistakes in processing your BPAY Payments;
  • If you did not authorise a BPAY Payment that has been made from your account; or
  • If you think that you have been fraudulently induced to make a BPAY Payment.

We will attempt to rectify any such matters in relation to your BPAY Payments in the way described in this clause. However, except as set out in this clause 11 and clause 12, we will not be liable for any loss or damage you suffer as a result of using the BPAY Scheme.

The longer the delay between when you tell us of the error and the date of your BPAY Payment, the more difficult it may be to perform the error correction. For example, we or your Biller may not have sufficient records or information available to us to investigate the error. If this is the case, you may need to demonstrate that an error has occurred, based on you own records, or liase directly with the Biller to correct the error.

(b) If a BPAY Payment is made to a person or for an amount, which is not in accordance with your instructions (if any), and your account was debited for the amount of that payment, we will credit that amount to your account. However, if you were responsible for a mistake resulting in that payment and we cannot recover the amount of that payment from the person who received it within 20 Business Days of us attempting to do so, you must pay us that amount.

(c) If a BPAY Payment is made in accordance with a payment direction, which appeared to us to be from you or on your own behalf but for which you did not give authority, we will credit your account with the amount of the unauthorised payment. However, you must pay us the amount of that unauthorised payment if:

  • We cannot recover within 20 Business Days of us attempting to do so that amount from the person who received it, and
  • The payment was made as a result of a payment direction, which did not comply with our prescribed security procedures for such payment directions.

(d) If a BPAY Payment is induced by the fraud of a person involved in the BPAY Scheme, then that person should refund you the amount of the fraud-induced BPAY Payment. However, if that person does not refund you the amount of the fraud-induced BPAY Payment, you must bear the loss unless some other person involved in the BPAY Scheme knew of the fraud or would have detected it with reasonable diligence, in which case that person must refund you the amount of the fraud-induced BPAY Payment.

(e) If a BPAY Payment you have made falls within the type described in clause 11(c) and also clause 11(b) or 11(d), then we will apply the principles stated in clause 11(c).

(f) If a BPAY Payment you have made falls within both the types described in clauses 11(b) and 11(d), then we will apply the principles stated in clause 11(d).

12. Disclaimer and limitation of liability

Other than warranties and conditions implied by relevant legislation, the exclusion of which from a contract would contravene a statute or cause part or all of this clause to be void (Non-excludable Condition), Rabobank excludes all terms, conditions and warranties in relation to the Services.

Except where Rabobank's liability cannot be excluded by virtue of relevant legislation and except where such loss or damage arises from fraud committed by one of our employees, Rabobank excludes all liability to you for any:

a) loss or damage; and

b) consequential or indirect loss or damage, including without limitation loss of profits,

arising in connection with your use of or access to, or any inability to use or access, the Services, whether in contract, tort (including negligence) or otherwise.

For breach of any Non-excludable Condition, Rabobank limits its liability, at Rabobank's option, to resupply of the Service or the cost of resupplying the Service.

You agree to indemnify us against all expenses, losses, damages, and costs (on a full indemnity basis and whether incurred by or awarded against us) that we may sustain or incur as a result of you using the Services other than in accordance with these Conditions of Use.

13. Fees and charges

We are entitled to impose fees and charges for your use of the Services. Any fees and charges imposed in accordance with this clause will be notified to you, and may be debited, together with all government taxes and charges imposed on transactions made using Rabobank Internet Banking, to the account to which the fee or charge relates, or if that account has insufficient funds, to any other account held by you with us. There are currently no fees or charges imposed for your use of the Services.

14. Changes to these Conditions of Use and notices

We may change these Conditions of Use at any time, by publication of an updated form of these Conditions on this site. The date appearing next to the words "current as at" will indicate when these Conditions of Use were last updated. You should review the Conditions of Use published on the website from time to time.

We will give you 30 days' written notice if we impose any new fees and charges or increase any fees and charges applicable to your use of the Services; or if we introduce or change any daily or other limit; or if we change the amount for which you will be liable in the event of any unauthorised access to your account.

To the extent permitted by law and any relevant Code of Practice to which we subscribe, where we are required to give you written notice, in connection with this clause and your use of the Services generally, we may give notices by post to your residential or business address notified to us or (at our discretion) by e-mail to your e-mail address last notified to us, and you acknowledge and consent to us giving notices to you in this form.

Our obligation to give you notice does not apply if variations are required in an emergency to protect the integrity or security of our website, Rabobank Internet Banking or any account.

15. Privacy of information you provide to us using Rabobank Internet Banking (See also clause 16 for special conditions relating to Privacy of Information you provide to us using the BPAY Scheme)

You acknowledge that:

a) Rabobank collects the following personal information about you when you use Rabobank Internet Banking:

i) as referred to in our Privacy Statement published on our website; and

ii) details relating to any Instructions received by us and any consequential transactions.

b) You can gain access to your personal information by contacting us.

c) We collect your personal information:

i) as referred to in our Privacy Statement published on our website for the purposes set out in that Privacy Statement; and

ii) relating to any Instructions received by us and any consequential transactions for the purpose of carrying out those Instructions and administering your accounts.

d) If you do not provide us with all of the information we require, you may not be able to use Rabobank Internet Banking or access the Services.

e) We also collect your personal information relating to any Instructions received by us and any consequential transaction, for the purpose of providing you with information that may be of interest to you and about other products and services offered by Rabobank and other companies in the Rabobank Group (in which case we may disclose your information to those companies). If you do not agree to us using your information for this purpose, you may instruct us not to by e-mailing us at sydney.webmaster@rabobank.com.

f) We also usually disclose your personal information relating to any Instructions received by us and any consequential transactions to organisations to whom we outsource our information technology, financial processing, data storage and mailing functions.

16. Privacy of information you provide to us using the BPAY Scheme

If you use the BPAY Scheme:

(a) you agree to our disclosing to Billers nominated by you and if necessary the entity operating the BPAY Scheme (BPAY Pty Ltd) or any other participant in the BPAY Scheme and any agent appointed by any of them from time to time, including Cardlink Services Limited, that provides the electronic systems needed to implement the BPAY Scheme:

i) such of your personal information (for example your name, email address and the fact that you are our customer) as is necessary to facilitate your registration for or use of the BPAY Scheme; and

ii) such of your transactional information as is necessary to process your BPAY Payments. Your BPAY Payments information will be disclosed by BPAY Pty Ltd, through its agent, to the Biller's financial institution.

(b) you must notify us, if any of your personal information changes and you consent to us disclosing your updated personal information to all other participants in the BPAY Scheme referred to in clause 16(a) above as necessary;

(c) you can request access to your information held by us, BPAY Pty Ltd or its agent, Cardlink Services Limited at their contact details listed in the Glossary.

If your personal information detailed above is not disclosed to BPAY Pty Ltd or its agent, it will not be possible to process your requested BPAY Payment.

17. Severance

If any part of these Conditions of Use is illegal, invalid or unenforceable at law, the rest of these Conditions of Use are to be read so as to exclude any such part and will remain enforceable to their fullest extent.

18. Conditions of Use binding

You will accept these Conditions of Use as amended from time to time and be bound by them by clicking on the "Accept" button appearing in this section.

19. Glossary - Meaning of important words

Biller - has the meaning described in clause 1.

BPAY Pty Ltd - ABN 69 079 137 518 of Level 11, 1 York Street, Sydney, NSW 2000 - Telephone (02) 8252 0500.

BPAY Scheme (BPAY) - has the meaning described in clause 1.

BPAY Payment - means a payment made using the BPAY Scheme in Rabobank Internet Banking.

Business Day - means any day other than a Saturday, Sunday, bank holiday or public holiday in, where an account is opened in Sydney, Australia.

Cardlink Services Limited - ABN 60 003 311 644 of Cnr Park Road and South Parade, Auburn, New South Wales, Australia - Telephone +61 2 9646 9222.

Instructions - has the meaning described in clause 2.

Payment - means all electronic transactions involving a transfer or payment of funds from your Rabobank accounts, including BPAY Payments unless specified to the contrary.

PIN - means the 4 digit personal identification number we issue to you to enable you to access the Services, and any version of that number changed by either you or us in accordance with these Conditions of Use.

Rabobank, we, us, our - means in respect of banking services, where an account is opened in Australia, Rabobank Australia Limited (ABN 50 001 621 129) (AFSL 234 700); in all other cases, Coöperatieve Centrale Raiffeisen-Boerenleenbank B.A. (ABN 70 003 917 655) (AFSL 238 446) incorporated in the Netherlands;

Rabobank Group - means Coöperatieve Centrale Raiffeisen-Boerenleenbank B.A. and any of its related entities domiciled in Australia.

Services - means the services provided to you when using Rabobank Internet Banking, including access to the BPAY Scheme.

Token - means the hand held device that generates and displays the Token Code which we issue to you to enable you to access the Services and includes any replacement Token issued.

Token Code - means the 6 digit numeric code randomly generated at regular intervals and displayed by the Token.

Username - means the identification code we issue to you to enable you to access the Services, and any version of that code changed by either you or us in accordance with these Conditions of Use.

You - a person registered to use Rabobank Internet Banking.

 

® Registered to BPAY Pty Ltd ABN 69 079 137 518

 

back to top
Related Links

Contact