Landmark - Terms and Conditions of Use

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Terms and Conditions of Use - Finance Online Plus
Terms and Conditions of Use - Online Services

Terms and Conditions of Use - Finance Online Plus

Things you should know

These Terms and Conditions apply to the following Landmark Online Services:

Finance Online Plus (Internet & Phone Services)

These Terms and Conditions may be:

Viewed by visiting Landmark's website at www.landmark.com.au or
Obtained from any Landmark branch or
Obtained by contacting us on 1800 622 015.

For queries concerning the service contact Landmark Helpline on 1800 622 015.

This document should be read in conjunction with our:

Account Fees brochure
The current Prospectus.

In the event of any inconsistency between these terms and conditions and the provisions contained in either of the above brochure and Prospectus, the provisions contained in the Prospectus, these Terms and Conditions and the Account Fees brochure prevail in that order.

Meaning of words

Account means an account which Landmark has determined is accessible by the service.

Accountholder means a person who has an account in their own name or, if the account is held in two or more names, means each person separately and all of them jointly.

Application form means the form headed Registration of Interest for Online Services, available on the Landmark website www.landmark.com.au

Authorised user means a person who has been authorised by you under clause 7 to operate, and transact upon, an account through the service.

AWB means AWB Limited ACN 081 890 459 of Level 21, 380 La Trobe Street, Melbourne, Victoria.

BPAY Payment means an electronic payment made using the BPAY Scheme.

BPAY Pty Ltd means BPAY Pty Ltd ABN 69 079 137 518 of Level 11, 1 York Street, Sydney, New South Wales as the entity operating BPAY.

BPAY means the electronic payment scheme which enables you to pay bills to participating billers

BPAY View is a scheme through which you can receive or access bills or statements electronically from participating billers nominated by you by opening an email sent to you whenever a bill or statement is received by Landmark with a link to our website or by accessing our website www.landmark.com.au

Business day means any weekday, but excluding public holidays observed in Western Australia.

Electronic equipment includes electronic terminals, computers, televisions and telephones.

Electronic Transactions Act means the Electronic Transactions Act 1999 (Cth) and each analogous State and Territory enactment.

Enquiry only access means the level of access to the service referred to in clause 1.3.

EFT Code means the Electronic Funds Transfer Code of Conduct.

Internet Password means the confidential password notified to you with the details of your login for Finance Online Plus to enable use of the internet service.

Finance Online Plus means Landmark's Internet and Phone account enquiry and transaction service;

Landmark means Landmark Operations Limited ABN 73 008 743 217, of 380 La Trobe Street, Melbourne, Victoria or any other subsidiary of AWB which assumes the rights and obligations of Landmark as set out in of the Trust Deed (a summary of which is contained in the Prospectus).

Multi payments means payments made simultaneously to more than one payee by a user using the service.

Participating Biller means a person who has provided goods or services which you, or an authorised user, have agreed to pay for using BPAY Payment.

Password means the confidential password notified to you with the details of your login for Finance Online Plus.

Phone Password means the confidential password notified to you with the details of your login for Finance Online Plus to enable use of the phone service

Person includes an individual, a firm, a body corporate, an unincorporated association or a government or semi-government authority.

Personal EFT transaction means a transaction to which Part A of the EFT Code applies.

Prospectus means the prospectus and combined financial services guide and product disclosure statement issued by Landmark for the issue of unsecured deposit notes;

Service means the service that Landmark makes available through the Internet and by telephone to enable the electronic receipt and transmission of information and funds (including electronic funds transfers in relation to an account).

Transaction means any function referred to in clause 1.4.

Trust Deed means the document headed Unsecured Deposit Notes Trust Deed between Landmark, Permanent Nominees (Aust) Limited and AWB and dated 11 December, 2003, as amended from time to time.

Unauthorised Transaction means a transaction not authorised by the user. It does not include transactions carried out by the user or by anyone performing a transaction with the user's knowledge and consent.

User means you or an authorised user or both of these, as the context requires.

User Authentication means the authentication service made available by Landmark to a user when using the service to make certain payments

User ID means a 'User Identification Number' issued by the service to an authorised user.

We means Landmark. Any other grammatical form of the word "we" has a corresponding meaning.

WST means Western Standard Time.

You or your means the accountholder. Any other grammatical form of the word “you” has a corresponding meaning.

1. Offer

1.1 Finance Online Plus

Finance Online Plus is an internet and phone based enquiry and transaction service that allows you to access details of your existing Landmark savings, investment, transaction account or lending facility.

1.2 Information Access Levels

You have the option to nominate an information access level on your application form.

1.3 All users will be able to:

Obtain an account balance;
Make transaction enquiries on a nominated account;
Print a transaction listing on a nominated account;
Issue stop payments on cheques;
Download data relating to account details;
Obtain details of interest paid to, or by, Landmark;
Change user specific passwords;
Lodge forms with Landmark.

1.4 Full access users only will be able to:

Transfer funds between Landmark accounts;
Transfer funds to an external account held with an Approved Deposit-Taking Institution;
Create future funds transfers;
Create regular payment lists
Make payments to organisations who are participating billers.

Landmark offers to make the service available to you on these terms and conditions.

You will be taken to have accepted these terms and conditions when:

A user signs an application form; or
A user accesses, or seeks to access, through the service, an account held by you.

2. Account

These terms and conditions are in addition to any of Landmark's terms and conditions for an account.

If there is any inconsistency between these terms and conditions and the terms and conditions applying to an account or to a service provided by Landmark, these terms and conditions apply to the extent of that inconsistency.

3. Passwords

Your password is the code that Landmark issues to you upon you registering for Finance Online Plus.

You will be issued with both a phone password and an internet password.

The password must be used in conjunction with your User ID in order to gain access to Finance Online Plus.

For your security, when you first log on to Finance Online Plus, you will need to change your phone password and internet password.

4. User Authentication

In the event that Landmark receives an instruction from a user to make a BPAY Payment or payment to a third party account and that user has user authentication, Landmark will require the user to provide the identifier generated by Landmark in accordance with user authentication. This requirement is in addition to any password or other information a user must give to Landmark when providing an instruction using the service.

The user should contact Landmark Support in the event Landmark does not accept any instruction using the user authentication identifier. Provision of this identifier does not alter your responsibility for the transaction.

5. Your Responsibilities

You agree:

To choose a new password whenever you are required to do so by Landmark;
That the password you choose to access the service will not be the same as, or similar to, any other personal identification number or password you have for any account you have with, or service provided by Landmark;
That you will not disclose your password to any other person except when you are creating a user and then only to that user;
Not to record or store your password anywhere but to commit it to memory;
To take reasonable care when accessing the service to ensure that your password is not disclosed to any other person, in particular ensuring that you are not observed while entering your password;
To check your account records carefully and notify Landmark immediately of any apparent discrepancy;
To take every reasonable precaution to prevent the spread or diffusion of any software contamination including computer viruses and Trojans; and
Not to perform a transaction if it would result in a debit to your account or, if you have a pre-approved credit limit, it would exceed that credit limit.

In respect of personal EFT transactions, clause 6 sets out guidelines with which Landmark strongly encourages you to comply, but your actual liability is governed by clauses 10 and 11. However, clause 6 is binding for all other customers.

You must ensure that an authorised user protects, stores and uses his or her password, in the same manner as clause 6 requires you to protect, store and use yours.

6. Authorised user

These Terms & Conditions of Use apply to a user's access to Finance Online Plus.

You are responsible for any use of Finance Online Plus by an authorised user within the access level set out in clause 1 and the Finance Online Plus Application. This includes all transactions performed by any authorised user who has access to your accounts, through Finance Online Plus, until that authority is cancelled and we are made aware of the cancellation.

6.1 Landmark may allow any person over 15 years of age authorised by you to be an authorised user. An authorised user can only be created in accordance with procedures specified by Landmark from time to time. It is your responsibility to ensure that any authorised user is over 15 years of age

6.2 You acknowledge that:

Each authorised user that you nominate on the application form to have access to, and on, your account can use Finance Online Plus and that by using Finance Online Plus , he or she can access and transact on your account as set out on the application form; and
The level of access that a user has to the service is governed by the terms of the Finance Online Plus application form that has been signed by you in accordance with your current account signing authority. Users that have Enquiry Only access cannot use Finance Online Plus to perform transactions on your account and
You are responsible for the security of your password; and
Any variation to existing access and transaction authorities must be lodged with Landmark on a Finance Online Plus application form that has been signed in accordance with the current account signing authority for that particular account; and
It is your responsibility to ensure that each authorised user is aware of, and complies with, all obligations and responsibilities imposed on users under these Terms & Conditions of Use.

6.3 Subject to clauses 6, 10 and 11, you are liable for any use on an account or the service by an authorised user as if the account or the service had been used by you. This includes, for example, any transaction on, or an instruction given in relation to an account using the service and any acceptance or acknowledgment of these terms and conditions or any change to them. You should ensure that any authorised user has been provided with, and read and understood, these terms and conditions before using the service.

6.4 You are no longer liable for any further use on an account or the service by an authorised user if you

Contact Landmark Support on 1800 622 015; or
Attend a Landmark branch or outlet to confirm service suspension;

And comply with any other procedures specified by Landmark from time to time.

7. Use of the service

7.1 Once:

You are taken to have accepted these terms and conditions under clause 1 and
A user has accessed the service by entering a Landmark ID and their password, and their User ID (if A User ID has been issued); and
The user has created a different password to be used to access the service in the future.

The user may use the service in accordance with these terms and conditions, unless usage by that user of the service is cancelled or suspended under these terms and conditions.

7.2 Access to the service, or access to certain functionalities of the service, may only be allowed by Landmark:

If the procedures specified by Landmark have been complied with; and
If Landmark has received in a form, and in the manner satisfactory to it, any document or information, including any document which identifies the user, as Landmark reasonably requires.

7.3 Access to the service:

Will be denied to a user if the user enters an incorrect password on three consecutive occasions;
May be denied if any instruction given using the service, including any comment, message, or note provided in connection with any instructions is made in language Landmark considers to be inappropriate.

Where access is denied, the service cannot accept an instruction for processing using the service. If this occurs, then the user should contact Landmark Support.

7.4 Subject to clauses 6.2, 6.3 and 6.4, a user will be able to transfer funds from your accounts to any other accounts accessible by the user using the service, whether the accounts are held with other financial institutions, other third parties or Landmark. The amount which is able to be transferred will be subject to a daily limit set by Landmark. Users should refer to the "Transaction, savings and investment accounts" brochure issued by Landmark for details of restrictions.

You should be aware that the other financial institutions and third parties may impose their own limits and restrictions on transfers and Landmark has no responsibility for these limits and restrictions.

8. Functionalities of the service

8.1. Landmark may at any time add to, remove, change or impose restrictions on, the functionalities of the service in any respect including, without limitation:

Generally;
In relation to a user or a class of users; or
In relation to an account or a class of accounts.

8.2 Computer Terminal Usage

You authorise us to act upon instructions that a user appears to have entered into a computer.

8.3 Phone Usage

You authorise us to act upon instructions that a user appears to have entered via the telephone.

9. Transactions

9.1 Processing of Transactions

Landmark may assign the date to a transaction you carry out that it deems appropriate.

If the Payment is made	Payment will register as received
Before 12.00pm Perth time on a business day	On the date that you make the Payment
After 12.00pm Perth time on a business day	On the next business day
On a non-business day	On the next business day

A receipt number will be issued for each funds transfer instruction received by Landmark via Finance Online Plus.

9.2 Order of Transactions

Landmark may determine the order of transactions where we have been given instructions for more than one transaction relating to an account.

9.3 Sufficient funds

To enable a transaction to be completed, you must ensure that any account from which funds are to be transferred has sufficient cleared funds available in it.

We are not required to effect a transaction at any time (including future-dated transactions) if there are insufficient cleared funds available in the account at the relevant time.

Landmark may delay and/or refuse to process or give effect to any instruction without notice to you. In particular Landmark will not process instructions where these terms and conditions (or any other terms or conditions of use applying to an account) prohibit instructions from being given effect to or where the relevant account has insufficient available funds to enable the payment to be made.

9.4 User Authentication

In the event Landmark receives an instruction from a user to make a BPAY Payment or payment to a third party account and that user has user authentication, Landmark will require the user to provide the identifier generated by Landmark in accordance with user authentication. This requirement is in addition to any password or other information a user must give to Landmark when providing an instruction using the service.

9.5 Subject to clauses 9.4 and 13, you agree that:

An instruction to Landmark by a user using the service constitutes a valid and irrevocable authority to Landmark to follow that instruction; and
A payment instruction which is given before the cut-off time for a day will be processed on the same day but if it is given after the cut-off time it may be processed on the next business day after the instruction is given.

9.6 Subject to clause 9.5 you also agree that an instruction to make a periodic or future dated payment continues until the expiry date authorised by a user, even if the service, has been cancelled.

9.8 In the case of an instruction to make a periodic or future dated payment, a user may revoke their instruction up until the cut-off time on the day payment is due to be made.

9.9 You are responsible for all instructions given in relation to your accounts which are authorised by a user's use of their password or undertaken by another person with a user's knowledge or consent.

9.10 You must notify Landmark Support immediately if:

Other than when a password is used to create another user, a user's password becomes known to any other person;
A user's computer which the user uses to access and use the service is lost, stolen or fraudulently accessed;
You become aware of any unauthorised transaction or error on an account using the service.

In respect of personal EFT transactions only, please also refer to clause 10.

9.11 Subject to clause 32 (which applies to personal EFT transactions only) it is your responsibility to use other means of effecting transactions and giving and obtaining information if for any reason the service is unavailable for use or is malfunctioning.

10. Liability provisions for all personal EFT transactions

10.1 Clauses 10.2 to 10.6 apply only to personal EFT transaction. These clauses set out important rules which may govern an accountholder's liability for unauthorised transactions. These liability provisions are set out below and override clauses 33, 34 and 35 to the extent of any conflict or inconsistency for all personal EFT transactions.

10.2 No accountholder liability in some circumstances

The accountholder is not liable for:

losses to the extent that they are caused by the fraudulent or negligent conduct of Landmark's employees or agents or organisation involved in the provision of Finance Online Plus or any merchant;
losses arising because the User ID and/or password is forged, faulty, expired, or cancelled;
losses that arise from personal EFT transactions which required the use of the password and that occurred before the user received the password;
losses that are caused by the same personal EFT transaction being incorrectly debited more than once to the same account;
losses resulting from unauthorised transactions occurring after notification to Landmark that the security of the password has been breached;
losses resulting from unauthorised transactions where it is clear to Landmark that the user has not contributed to such losses.

10.3 Accountholder liability for unauthorised transactions

The accountholder is liable for losses resulting from unauthorised transactions as provided below:

Where Landmark can prove on the balance of probability that the user contributed to the losses through the user's fraud or contravention of the security requirements, the accountholder is liable for the actual losses which occur before Landmark is notified that the security of the password has been breached
The accountholder is also liable where Landmark can prove on the balance of probability that the user contributed to losses resulting from unauthorised transactions because the user unreasonably delayed notifying Landmark after becoming aware that the security of the password has been breached. The accountholder will then be liable for the actual losses which occur between the time the user became aware and when Landmark was actually notified.
Failing to adequately protect computer hardware and software against viruses, unsolicited programmes and macros or unauthorized access, monitoring or manipulation.

In the above cases, you will be liable for the losses arising from the unauthorised transaction but you will not be liable for any of the following amounts:

That portion of the loss incurred on any one day which exceeds the applicable daily transaction limits;
That portion of the loss incurred in a period which exceeds any other periodic transaction limit applicable to that period;
That portion of the loss on a nominated account which exceeds the balance of that nominated account (including any pre-arranged credit); and
Losses incurred on any accounts accessed using the Finance Online Plus hich you did not agree to be included.

Where we can prove on the balance of probabilities that the user has contributed to losses in respect of a nominated account resulting from an unauthorised transactions by unreasonably delaying notifying us of the unauthorised use of a password, or that the password has become known to someone else, you will be liable for the losses which occur between the time when the user became aware of unauthorised use or the breach of security and the time when we were actually notified but you will not be liable beyond the limits set out in paragraphs I, II, III and IV above.

Where a password was required to perform the unauthorised transaction, your liability for any loss in respect of a nominated account arising from an unauthorised transaction, if the loss occurs before you notify us of the unauthorised use of a password or the password becoming known to someone else, is the lesser of:

$150;
The balance of the account (including any pre-arranged credit) accessed through Finance Online Plus; or
The actual loss incurred.

10.4 User's responsibilities under the EFT Code

Where Landmark provides the user with a password, the user must:
- Not voluntarily disclose the password to anyone including a family member or friend, except when you are creating a user;
- Not act with carelessness in failing to protect the security of the password; and
- Not record the password (without making any reasonable attempt to protect the security of the password record) on the one article or on several articles so that they are liable to loss or theft simultaneously.
Where Landmark allows the user to select a password, or change the user's password, the user must not select:
- a numeric code which represents the user's birth date; or
- an alphabetical code which is a recognisable part of the user's name.
Either of these selections may mean you are liable for losses caused by unauthorised transactions caused by a breach of the security of the password.

10.5 Failure of Landmark equipment or Landmark system

Landmark will be liable to users for losses that users suffer and that are caused by the failure of Landmark's equipment or Landmark's system to complete a personal EFT transaction accepted by Landmark's system or Landmark's equipment in accordance with the user's instructions.

However, where the user should have been aware that Landmark's equipment or Landmark's system was unavailable for use, or was malfunctioning, Landmark's responsibilities will be limited to the correction of any errors in the accountholder's account and the refund of any charges or fees imposed on the accountholder as a result. Landmark will also not be liable for any losses caused by the failure of Landmark's equipment or Landmark's system where Landmark's system or Landmark's equipment had not accepted the personal EFT transaction.

10.6 Advising Landmark

If the user believes the security of the user's password has been breached, the user must advise Landmark Support as soon as possible. Once Landmark has been notified of these matters the accountholder's liability for further personal EFT transactions will be limited. Where telephone facilities for notification are not available during particular periods, any losses occurring during these periods that were due to non-notification are deemed to be the liability of Landmark, providing notification is made to Landmark within a reasonable time of the facility again becoming available. Landmark will acknowledge the user's report and the user should record or retain this acknowledgment.

11. Allocation of liabilities for all transactions other than personal EFT transactions

11.1 You are not liable for any losses:

Where it is clear that a user has not contributed to those losses;
to the extent that they are caused by the fraudulent or negligent conduct of Landmark's employees or agents;
Resulting from unauthorised transactions occurring after you notify Landmark that a user's password has become known to someone else.

11.2 Where it is clear that a user has contributed to the losses because a user has failed to comply with clauses 6 or you unreasonably delay in notifying Landmark under clause 24, then you are liable for those losses except for that portion of the losses incurred which exceed the balance of your account(s) (including any prearranged credit facility) or that portion of the losses incurred which exceed the total amount you are able to withdraw from your account(s) on the days the unauthorised use took place.

12. Malfunctions and Breakdowns

12.1 You acknowledge that, subject to your rights implied at law which cannot be excluded, Landmark is not liable for any loss or damage caused directly or indirectly to a user by:

Any breakdown or interruption in the service due to circumstances beyond Landmark's control;
Any corruption of data and any breakdown, interruption or errors caused to a user's computer or computing equipment as a result of using the service or as a result of software being downloaded to a user's computer for the purposes of the service;
The failure of the service to perform in whole or in part any function which Landmark has specified it will perform;
Any delays or errors in the execution of any transaction or instruction in respect of an account because of any breakdown or interruption in the service due to circumstances beyond its control;
Party to a payment instruction made by a user not receiving funds because of a problem with the information provided by the user (for example, where a user provides Landmark with the wrong account number);
Any delays or errors by other parties (for example, the failure of a financial institution to credit or debit an account in a timely manner); or
Any refusal by a party (other than Landmark) to a payment instruction to accept, or acknowledge receipt of, the funds the subject of that payment instruction.

If our equipment malfunctions and you are not reasonably aware that it has malfunctioned, then we will make adjustments for reasonable interest costs and charges relating to any transaction not processed in accordance with your Finance Online Plus request.

In no circumstances whatsoever (including negligence) will Landmark be liable to you or anyone claiming through you for any loss or damages as a result of interruption to business, loss of actual or anticipated profit, loss of opportunity or any other consequential loss of that nature caused or contributed to by use of or arising from the service, other than interest on your Finance Online Plus account as provided under these Terms & Conditions of Use to which you would have otherwise been entitled. This paragraph does not apply to personal EFT transactions.

13. Landmark's Responsibilities

13.1 Subject to clause 10.5 (which applies to personal EFT transactions only) you acknowledge that, subject to your rights implied at law which cannot be excluded, Landmark need not act, or may delay acting, on any instruction given to it by a user through the use of the service, including processing any instruction on the next business day after the instruction is given and you acknowledge that Landmark is not liable for any loss or damage caused directly or indirectly to a user as a result of Landmark's failure to act or delay in acting.

13.2 You acknowledge that the correctness of information about an account which a user obtains through the service is subject to verification by Landmark as part of its normal procedures and reflects the entries that have been posted to the relevant account at the time the information is obtained.

14. Changes by Landmark

14.1 In addition to the other changes Landmark may make to these terms and conditions which are detailed in these terms and conditions, Landmark may change any other of these terms and conditions (including by imposing new fees and charges, changing the amount, type or method of calculation of fees and charges payable). Landmark will make any changes in accordance with these terms and conditions, any applicable legislation and industry codes (including, where applicable, the EFT Code).

14.2.1 Subject to any applicable law and industry codes (including, where applicable, the EFT Code), Landmark will notify you of any other changes no later than the day that the change takes effect by:

A notice on or with your account statement or by any other notice in writing ;
Press advertisement; or
A notice in our branches,
A notice on our logon page;
Sending you an e-mail (where you have previously permitted us to send you notices by e-mail); or
Any other method permitted or required by law.

14.2.2 You are deemed to have accepted the amended Terms and Conditions of Use from time to time when you:

Click on "I accept" on the Finance Online Plus website on the first occasion after Landmark has notified you of the relevant change referred to in 14.2.1.

Or

When you next login into Finance Online Plus using the phone service after Landmark has notified you of the relevant change referred to in 14.1.

14.3 Important alterations

If the EFT Code applies, Landmark will give accountholders at least 20 days (or, where applicable legislation requires a longer notice period, that longer period) written notice of:

any change to or imposition of a daily or other periodic transaction limit; or an increase in the accountholder's liability for losses relating to EFT transactions; or
Impose or increase charges relating solely to an accountholder's use of an access method, or the issue of an additional or replacement access method.

If the EFT Code does not apply Landmark will give accountholders notice of:

any change to or imposition of a daily or other periodic transaction limit; or
an increase in the accountholder's liability for losses relating to EFT transactions; or
Impose or increase charges relating solely to an accountholder's use of an access method, or the issue of an additional or replacement access method in advance of the date the change takes effect.

14.4 Other variations

Unless otherwise specified in these terms and conditions, or separately agreed between you and Landmark, Landmark will give you, and you agree to accept, notice of the changes set out below in the following manner:

notice of changes to government fees and charges will be given by media advertisement, in writing or electronically as soon as practicable but no later than 3 months after, the change takes effect; and
notice of any other changes to these terms and conditions will be given by media advertisement, in writing or electronically before the change takes effect.

14.5 However, to the extent permitted by any applicable legislation and industry codes Landmark reserves the right not to give advance notice when changes are necessitated by an immediate need to restore or maintain the security of Landmark's Finance Online Plus systems or individual accounts.

14.6 Number and type of accounts

There may be a limit to the number and type of accounts which can be accessed by means of the service. You will be advised of the accounts and transactions you can undertake using the service when you sign up to the service. You may also refer to the Account Fees brochure for transactions, savings and investment accounts for further details.

15. Fees

15.1 You must pay Landmark's fees relating to the service, including the use of the service, in accordance with clauses 15.2 to 15.5.

15.2 Landmark may debit your account with its fees relating to the service, including the use of the service, the amount and nature of which are detailed in the Account Fees brochure as applicable and which is available from Landmark at any time.

15.3 If there are insufficient funds in your account, you authorise Landmark to debit relevant fees or charges to the relevant account even if that causes the relevant account to become overdrawn. Alternatively, Landmark may require you to pay the fees in any other manner Landmark determines.

15.4 If you close your account, Landmark will automatically select another account to which fees and charges relating to the service may be debited. If no account satisfactory to Landmark exists, Landmark may immediately cancel the availability of the service to you until such time that you open an account satisfactory to Landmark or Landmark may require you to pay the fees in any other manner Landmark determines.

15.5 You can obtain details of our current fees and charges from your local Landmark branch or by calling 1800 622 015 between 8.00am and 5.00pm WST on business days.

At the date of issue of these terms and conditions, the provision of Finance Online Plus does not attract a fee.

16. Transactions to External Accounts

16.1 Where you are transferring funds from your Landmark account to external accounts with other financial institutions, Landmark reserves the right to limit the value of such transactions in accordance with the following provisions:

The default limit has been set at $10,000.
You may request an increase in the limit.
Your request is subject to Landmark's approval.
Landmark reserves the right to accept or reject any such request within its complete discretion and without giving reasons for its decision.

17. Cancellation of Finance Online Plus

17.1 Landmark may suspend, withdraw or deny access to a user of Finance Online Plus or cancel electronic access to your nominated account at any time without notice, for any reason, including (but not limited to):

If Landmark suspects that Finance Online Plus or your account has been, or may be, used fraudulently;
unsatisfactory account operation;
A default or non-compliance occurring in relation to these Terms & Conditions of Use; or
To prevent loss to either you or Landmark (or both).

We may suspend electronic access to your nominated account at any time without notice if we consider a security issue has arisen, or is likely to arise, which requires further investigation. The suspension of access does not affect your obligations under these terms and conditions.

To end your use of Finance Online Plus, or cancel a user’s electronic access to your nominated account, you can call us on 1800 622 015, email rfs@landmark.com.au or write to us at Landmark Operations Limited, Financial Services, PO Box 7467 Cloisters Square, Perth WA 6850

18. Account Statements

18.1 Landmark will give you a statement of account at least once in each 6 month period. However statements will be issued more frequently than this where the terms and conditions applicable to the particular account specify this or where more frequent statements are required by law.

You should always examine each statement and notify us promptly if you notice any errors or unauthorised transactions.

By accessing the Finance Online Plus website, you will be able to view a statement of your monthly account upon selecting that option.

19. Account records

19.1 You should check your account records carefully and promptly report to Landmark as soon as you become aware of any transaction that you think are errors or are transactions that you did not authorise or you think were made by someone else without your permission.

20. Finance Online Plus Contact Details

20.1 If you need assistance with Finance Online Plus

On business days, contact us on 1800 622 015, between 8.00am and 5pm WST.
Write to us at:
Landmark Operations Limited
Financial Services
PO Box 7467 Cloisters Square, Perth WA 6850

or
Send a message to us using the secured e-mail facility available within Finance Online Plus;

or
Email us at rfs@landmark.com.au.

Landmark may write to you at an address currently recorded on our system or, if you have previously permitted us to do so, electronically.

21. BPAY®

21.1 Terms and Conditions of Use for BPAY

Landmark is approved as a Payer Institution Member (PIM) of BPAY.

This is an electronic payments scheme through which Landmark can be asked to make payments on your behalf to organisations who are registered billers with BPAY.

Landmark will tell you if it ceases to be a member of BPAY.

Landmark may also be a biller of the scheme.

As a Payer Institution Member, Landmark receives a payment from BPAY Pty Ltd of $0.455 (inclusive of GST) per bill payment made by you using BPAY.

21.2 How to use BPAY

A BPAY Payment can be made from any account provided:
- Landmark will allow transfers from the account;
- There are sufficient funds or credit available in the account to meet the value of the BPAY Payment; and
- The relevant biller agrees to accept the account.
You acknowledge that the receipt by a biller of any mistaken or erroneous payment does not, or will not, constitute under any circumstances part or whole satisfaction of any underlying debt owed between you (or any authorised user) and that biller.

21.3 Valid payment direction

Landmark will treat an instruction to make a BPAY Payment as valid if, when the instruction is given to Landmark or User ID and password is used correctly.

21.4 Information you must give Landmark

To instruct Landmark to make a BPAY Payment, you or any authorised user must:

Enter the correct or User ID and password;
Enter and select the appropriate biller code;
Select the appropriate 'from' account;
Enter the customer reference number (in some cases, this may be your account number but will vary from biller to biller) with that biller
Enter the amount to be paid; and
Confirm the details entered (if correct).

You acknowledge that Landmark is not obliged to affect a BPAY Payment if Landmark is not given all of the above information or if any of the information given to Landmark is inaccurate.

21.5 Payments

Landmark will not accept an order to stop a BPAY Payment once instructed to make that BPAY Payment.
You and any authorised user must notify Landmark immediately if you (or any authorised user) become aware of making a mistake (except for a mistake as to the amount meant to be paid for those errors, see clause 21.6 following) when instructing Landmark to make a BPAY Payment, or if you or (or any authorised user) did not authorise a BPAY Payment that has been made from your account. Clause 21.7 describes when and how Landmark may arrange for such a BPAY Payment (other than in relation to a mistake as to the amount you must pay) to be refunded.
Billers who participate in BPAY have agreed that a BPAY Payment you make will be treated as received by the biller to whom it is directed:
- on the date that BPAY Payment is made, if Landmark is told to make the BPAY Payment before Landmark's cut-off time for BPAY Payments on a business day; or
- on the next business day, if Landmark is told to make a BPAY Payment after Landmark's cut-off time for BPAY Payments on a business day, or on a non-business day.

21.6 BPAY Payment and system cut-off

Billers participating in BPAY will treat BPAY Payments you received according to the table below

If the BPAY Payment is made	Payment will register as received
Before 6.00pm Sydney time on a business day	On the date that you make the BPAY Payment
After 6.00pm Sydney time on a business day	On the next business day
On a non-business day	On the next business day

A delay might occur in the processing of a BPAY Payment where:
- There is a public or bank holiday on the day after Landmark is told to make a BPAY Payment;
- Landmark is told to make a BPAY Payment either on a day which is not a business day or after Landmark's cut-off time for BPAY Payments on a business day;
- Another financial institution participating in BPAY does not comply with its obligations under BPAY; or
- A biller fails to comply with its obligations under BPAY.
While it is expected that any delay in processing for any reason set out in clause 59 will not continue for more than one business day, any such delay may continue for a longer period.
You and any authorised user must be careful to ensure that Landmark is told the correct amount to be paid. If you or any authorised user instruct Landmark to make a BPAY Payment and you or they later discover that:
- The amount Landmark was told to pay was greater than the amount needed to be paid, you must contact the biller to obtain a refund of the excess; or
- The amount Landmark is told to pay was less than the amount needed to be paid, you can make another BPAY Payment for the difference between the amount actually paid to a biller and the amount needed to be paid.

21.7 Liability for mistaken payments, unauthorised transactions and fraud

If under this clause you are liable for an unauthorised or fraudulent payment as result of a BPAY billing error and the payment is a personal EFT transaction, then your liability is limited to the lesser of:
- The amount of that unauthorised or fraudulent payment; and
- The limit (if any) of your liability set out in clause 10.2 to and including clause 10.6 of this document.

If (II) applies, then Landmark will be liable to you for the difference between the amount for which you are liable and the amount of the unauthorised or fraudulent payment.

Landmark will attempt to make sure that BPAY Payments are processed promptly by the participants in BPAY, including those billers to whom BPAY Payments are to be made. You or any authorised user must tell Landmark promptly if you or they:
- Become aware of any delays or mistakes in processing BPAY Payments;
- Did not authorise a BPAY Payment that has been made from your account; or
- Think that you have been fraudulently induced to make a BPAY Payment. Landmark 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 clauses 10.2 to 11.2 and clause 22, Landmark will not be liable for any loss or damage (including consequential loss or damage) you or any authorised user suffer as a result of using BPAY.
- The longer the delay between when you tell Landmark of the error and the date of your BPAY Payment, the more difficult it may be to perform the error correction. For example, Landmark or your biller may not have sufficient records or information available to Landmark to investigate the error. If this is the case, you need to demonstrate that an error has occurred, based on your own records, or liaise directly with the biller to correct the error.
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, Landmark will credit that amount to your account. However, if you or any authorised user were responsible for a mistake resulting in that payment and Landmark cannot recover within 20 business days of Landmark attempting to do so the amount of that payment from the person who received it, you must pay Landmark that amount.
If a BPAY Payment is made in accordance with a payment direction which appeared to Landmark to be from you or on your behalf but for which you did not give authority, Landmark will credit your account with the amount of that unauthorised payment. However, you must pay Landmark the amount of that unauthorised payment if:
- Landmark cannot recover within 20 business days of Landmark 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 Landmark's prescribed security procedures for such payment directions.
If a BPAY Payment is induced by the fraud of a person involved in BPAY, then that person should refund you the amount of the fraud-induced payment. However, if that person does not refund you the amount of the fraud-induced payment, you must bear the loss (including any consequential loss) unless some other person involved in BPAY 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 payment.
If a BPAY Payment you or any authorised user has made falls within the type described in clause 22, then Landmark will apply the principles stated in clause 21.7. Except where a BPAY Payment falls within the type referred to in clause 22, the BPAY Payments are irrevocable. No refunds will be provided by BPAY where you or an authorised user has a dispute with the biller about any goods or services you or the authorised user may have agreed to acquire with the biller. Any dispute must be resolved with the biller.

22. Biller consent

22.1 If you tell Landmark that a BPAY Payment made from your account is unauthorised, you must first give Landmark your written consent addressed to the biller who received the BPAY Payment, consenting to Landmark obtaining from the biller information about your account with that biller or the BPAY Payment, including your customer reference number and such information as Landmark reasonably requires to investigate the BPAY Payment. If you do not give Landmark that consent, the biller may not be permitted under law to disclose to Landmark the information Landmark needs to investigate or rectify that BPAY Payment.

23. Privacy

23.1 If you register to use BPAY, you

agree to Landmark disclosing to billers nominated by you and, if necessary, BPAY Pty Ltd or any other participant in BPAY and any agent appointed by any of them from time to time, including Indue Limited, that provides the electronic systems needed to implement BPAY:

Such of your personal information (for example your name, email address and the fact that you are a customer ) as is necessary to facilitate your registration for, or use of BPAY;
Such of your transactional information as is necessary to process your BPAY Payments and your use of BPAY View. Your BPAY Payments and BPAY View information will be disclosed to BPAY Pty Ltd, through its agent, the biller's financial institution.

You must notify Landmark immediately:

Landmark Operations Limited
Financial Services
PO Box 7467 Cloisters Square
Perth WA 6850

if any of your personal information changes and you consent to Landmark disclosing your updated information to all other participants in BPAY referred to in clause 62 as necessary.

24. Complaints, Errors, Disputes.

If you have a complaint

If you have a complaint please contact us on 1800 622 015 or email us on complaints@landmark.com.au

If we cannot satisfactorily resolve your complaint quickly, we may need to escalate the complaint. If this occurs, we will confirm this with you, and we may ask for further information.

We will try to respond within 7 days of the complaint being lodged.

If you still do not get a satisfactory outcome, you can take your complaint to the Financial Industries Complaints Service (FICS) by calling 1300 780 808.

24.1 Investigation Result

On the completion of our investigation, we shall promptly advise you in writing of the outcome of our investigation and give you the reasons for our decision with reference to the relevant provisions of these terms and conditions.

If we discover that your nominated account has been incorrectly debited or credited, we will adjust your nominated account accordingly (including any interest and charges) and notify you in writing of the amount of the adjustment.

If Landmark concludes from its investigations that your account has not been incorrectly debited or credited, or in the case of unauthorised transactions, that you have contributed to at least part of the loss occasioned by the unauthorised use, Landmark will supply you with copies of any document or other evidence on which Landmark based its finding and will advise you in writing whether there was any system or equipment malfunction at the time of the transaction.

24.2 Further review

If you are not satisfied with Landmark's findings you may request, in writing, a review of these findings by Landmark's Complaints Officer. Please direct such requests in writing to:

Landmark Operations Limited
380 La Trobe Street
Melbourne, VIC 3000
Attention: The Complaints Officer

If, after we have followed the above procedures, you are not satisfied with the findings you can contact FICS at:

Financial Industry Complaints Service
PO Box 579
Collins Street West
Melbourne Vic 8007

24.3 EFT Code of Conduct

Landmark warrants that it will comply with the EFT Code of Conduct for all personal EFT transactions.

25. Notices and Electronic Communications

25.1 Notices, certificates, consents, approvals and other communications in connection with this agreement from you must be given using the service unless:

Otherwise specified in this agreement; or
Landmark otherwise determines.

25.2 You agree that notices, certificates, consents, approvals and other communications in connection with this agreement from Landmark may be given electronically:

By electronic mail to your nominated electronic address; or

By being made available at Landmark's website using the service, unless you request otherwise

Where communications are made available using the service, Landmark will provide you with the ability to readily retrieve the information (for example, by providing a link to Landmark's website).

You may request a paper copy of a communication given electronically if you request the paper copy within 6 months of the electronic copy being received or made available.
A communication is deemed to be received when the communication enters the recipient's designated information system or is capable of being viewed from a recipient's computer and is effective when received even if no person is aware of its receipt.
For the purposes of notices sent by electronic mail and the Electronic Transactions Act, the server on which the mailbox for the designated address resides is to be taken to be the recipient's designated information system.
A communication is deemed to be sent from where the sender has their place of business and is deemed to be received where the recipient has their 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 last known residential or mailing address.

26. Governing law

26.1 This agreement and the transactions contemplated by this agreement are governed by the law in force in Victoria and each party irrevocably and unconditionally submits to the non- exclusive jurisdiction of those courts.

27. Accounts with Other Entities

27.1 Where an account is maintained with an entity other than Landmark, you agree that these terms and conditions including, but not limited to, the terms and conditions with respect to accepting and acting on a user's instruction, the irrevocable nature of such instructions, the allocation of liability (including your indemnity) and the responsibilities of Landmark (including any releases provided by you) also apply for the benefit of that other entity.

These terms and conditions apply as at and from 9 April 2008

Download a copy of the Landmark Finance Online Plus Terms & Conditions (PDF 117 Kb)

Note: To download the Landmark Product Disclosure Statement (PDS) (PDF 6810 Kb) for Finance Online Plus you will require Acrobat® Reader

For more information, visit www.landmark.com.au or call the Landmark Helpline on 1800 622 015 or visit your local Landmark branch.

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Terms and Conditions of Use - Online Services

Online Services

Click the button to accept the Terms & Conditions of the Landmark Online Services:

1. General

Your access to, and use of, the Landmark Online Services (“Online Services”) must be in accordance with these Terms and Conditions of Use. If you do not understand any of these Terms and Conditions of Use please contact your local Landmark branch.

The Terms and Conditions of Use may be varied by Landmark from time to time, in which case the updated Terms and Conditions of Use will be posted to the logon page for Trade Accounts Online and notified to you by a notice displayed on the log-in page, with the date that the new Terms and Conditions of Use come into effect. Wool Clip Information Online customers should regularly check the link to our Terms & Conditions on the Wool Clip Information Online logon page. If you access Online Services after the Terms and Conditions of Use have been changed and notified to you as described above this signifies your acceptance of the new Terms and Conditions of Use.

2. Definitions

In these Terms and Conditions of Use:

"Application Form" means the Application for Online Access to the Landmark Online Services.

"your Account" means the account held by Landmark in your name.

"you or your" means the person(s) accessing the Online Services or where the entity is not a person, authorised signatories of that entity.

"Landmark" means Landmark Operations Limited ABN 73 008 743 217.

"Trade Accounts Online" means the Landmark Trade Accounts Online service as described on the Landmark website.

“Wool Clip Information Online” means the Landmark Wool Clip Information Online service as described on the Landmark website.

“Online Services” means the Landmark Trade Accounts Online and Wool Clip Information Online services as described on the Landmark website.

"Password" means the confidential password notified to you with the details of your login for the Online Services.

3. Application

You should apply for access to the Online Services by completing the Application Form obtained through the Registration of Interest page on the Landmark website.

4. Acceptance of Terms and Conditions

You are deemed to have accepted the Terms and Conditions of Use from time to time when you either:

(a) Click on "I accept" on the Trade Accounts Online website; or

(b) Access the Online Services; or

5. Timeliness & accuracy of information

Trade Accounts Online:

The financial data on the website is not real-time. There will be a delay of a least one business day and often more before your financial data is loaded onto and reflected in the Trade Accounts Online website. You should always check the "as at" date of the date when you use Trade Accounts Online. You acknowledge and accept that information available on Trade Accounts Online may not always be completely up-to-date and that you should not rely on that information as being completely up to date.

You should notify your local Landmark branch of any inaccuracies you believe exist in the data or the transactions that relate to your Account.

Wool Clip Information Online:

Whilst all care has been taken in compiling information in the website, it is intended as a summary only. Wool Clip Information is sourced daily from the Landmark database and is provisional information only, which may be subject to change without notice.

6. Security of Password

You should commit your Password to memory.

You must not record a copy of your Password anywhere.

You should not tell anyone or give anyone your Password.

You should ensure that no one observes you entering your Password.

You should not leave your computer unattended while it is logged into the Online Services.

You must inform your local Landmark branch immediately if you suspect the security of your Password has been compromised.

You acknowledge and accept that Landmark cannot verify the identity of a user and that a user with the correct account number and Password will be granted access to information relating to the corresponding Account.

7. Liability

Landmark will not be liable for any loss that you incur as a result of:

You not complying with any matters mentioned under "Security of Password";

You not being able to access the Online Services;

Your Account information not being updated on the Online Services;

Your reliance on information obtained through the Online Services; or

The occurrence of any event beyond Landmark's reasonable or direct control.

Landmark will take reasonable precautions to ensure information concerning your Account remains confidential but to the extent permitted by law will not be liable for any authorised access by any means to your Account information.

Nothing in these Terms or Conditions of Use shall operate so as to exclude, restrict or modify the application of any of the warranties or conditions implied by the Trade Practices Act 1974 or any corresponding State or Territory legislation.

8. Access to Other Parties

If you authorise other persons to access your account by providing them your password you do so at your own risk.

9. Account Groupings

Your accounts may be grouped together for access via the one login on Trade Accounts Online ONLY. If you want your Accounts to be grouped together please contact your local Landmark branch.

10. Termination and Suspension

Your access to the Online Services can be terminated:

Upon written instruction from you; or

By Landmark for any reason at anytime without notice.

Landmark may also suspend your access to the Online Services for any reason at any time.

12. Fees

You will be notified of any fees and charges applicable to the use of the Online Services.

13. Interruption of or Discontinuance of the Online Services

Services and functions offered through the Online Services may not be available at all times. Landmark may, from time to time, change, add or delete information or functions available through the Online Services, or discontinue the provision of the Online Services entirely, without notice to you.