You indemnify us against any loss or damage we may suffer due to any claim, demand or action of any kind brought against us arising directly or indirectly because you:
(a) did not observe any of your obligations under these terms and conditions; or
(b) acted negligently or fraudulently in connection with these terms and conditions.
15. Transaction reference numbers
When you make a transaction through Loan Service Line or Loan Service Net, we may provide you with a transaction reference number, which should be quoted to your Mortgage Servicer if you have any queries.
16. Availability and accuracy of information
We will do everything possible to ensure that Loan Service Line or Loan Service Net is available to you between 6am and midnight on each day of the week and at any other time specified by us from time to time.
Subject to any rights that cannot be excluded by law, we are not liable for or in connection with any loss or damage suffered by you or any other person arising directly or indirectly from or in connection with your use of Loan Service Line or Loan Service Net. This includes but is not limited to loss or damage which may arise as a result of:
- the loss, modification, damage or destruction of hardware or software caused by computer viruses or program bugs or similar causes;
- errors, inaccuracies, omissions;
- delays resulting from failure of Loan Service Line or Loan Service Net network or ancillary equipment; or
- failure of Loan Service Line or Loan Service Net to perform a function in whole or in part.
To the extent to which we are liable, and to the extent to which the law allows, our liability is restricted to re-supplying the services or the cost of re-supplying the services.
Also, we may change, suspend, cancel or deny access to Loan Service Line or Loan Service Net at any time without prior notice to you.
We do not warrant that either Loan Service Line or Loan Service Net will operate at any time. You should promptly advise us of any faults or unavailability.
17. Processing times and information on your Account
We are under no obligation to process any transactions that you make on the day you require us to make them. However, we will endeavour to process transactions:
- made before 4.00 pm AEST on any Business Day on that day;
- made after 4.00 pm AEST on a Business Day or made on any day other than a Business Day on the next Business Day; or
- on any available future processing date selected by you.
If you have established a recurring transaction and wish to stop the next transaction due, you must tell us, or make the appropriate amendments through Loan Service Net, before 4.00 pm AEST on a Business Day to stop the transaction on that Business Day.
18. Changing your Password
You can change your Password at any time subject to correctly quoting the current Password. You must change the Password we give you the first time you or a person authorised by you uses that Password.
19. Fees and charges
Fees and charges stated in your loan contract apply to the Accounts that you access through Loan Service Line or Loan Service Net.
In addition, you must pay us any new fees and charges we impose in connection with the use of Loan Service Line or Loan Service Net. You authorise us to debit these fees and charges to any Account you have with us.
Before we introduce any fees or charges we will give you at least 30 days' written notice.
All Pay Anyone Payments, Redraw Payments, BPAY Payments and applicable fees will be recorded on the Account statements of the Accounts to which they are debited.
You should check all entries on your Account statements carefully.
20. Changes to these Terms and Conditions
We can change these Terms and Conditions from time to time. If we do, we will advise you of the change in writing no later than the day the variation takes effect.
21. Resolving disputes
You must tell us promptly if you have a complaint concerning matters covered by these Terms and Conditions including any:
- apparent error in a transaction;
- mistaken, unauthorised or fraudulent transactions; or
- apparent error in information received through Loan Service Line or Loan Service Net.
If we are unable to resolve the matter immediately, you should give to your Mortgage Servicer in writing giving all relevant information concerning each transaction you wish to query. When we receive this advice we will inform you in writing of our procedures to investigate the matter.
When we complete our investigation, we will write to you and advise you of the outcome of our investigation and the reasons for that outcome by reference to these Terms and Conditions.
If we are unable to complete our investigation within a reasonable time we will advise you that we require further time to complete our investigation.
If you are not satisfied with our decision, you may request that the decision be reviewed by our dispute resolution team. If you then wish to take the matter further, you may, for instance, contact the Credit and Investment Ombudsman Ltd on 1800 138 422 or 02 9273 8400, by fax at 9273 8440, by email at firstname.lastname@example.org or in writing to PO Box A252 SYDNEY SOUTH NSW 1235..
If we find that an error was made, we will make the appropriate adjustments to your affected Account, including interest and charges (if any) and will advise you in writing of the amount of the adjustment.
22. Termination of use
You can end the use of Loan Service Line or Loan Service Net at any time by telling your Mortgage Servicer in writing. We can end your use of Loan Service Line or Loan Service Net at any time without prior notice to you.
23. Recorded transactions
We can, at our discretion, tape-record transactions made through Loan Service Line for reasons of accuracy and security.
24. Notices and addresses
We can give any notice to you at the address you nominate to us or in any other way the law allows. You must notify the Mortgage Servicer as soon as possible if you change your name or address or both or if you intend to do so.
25. Governing law
These Terms and Conditions are subject to the laws of New South Wales. You submit to the jurisdiction of the Courts of New South Wales and the proper jurisdiction of any other Court.
We may from time to time and without notice to you:
- place limits on the nature of transactions that can be made and the information that can be obtained using Loan Service Line or Loan Service Net; or
- change the software, system or equipment required to access Loan Service Line or Loan Service Net. It is your responsibility to supply and maintain any software or equipment (such as a personal computer, internet browser, modem or touch tone telephone) that may be necessary for you to access Loan Service Line or Loan Service Net.
Subject to any rights or warranties which cannot be excluded by reason of any law, including the Competition and Consumer Act 2010 (Cth) or similar state or territory legislation, Pepper Group Limited ACN 094 317 665 makes no representation or warranty with respect to use of the Loan Service Net internet site and accepts no liability for any loss or damage whether direct, indirect or consequential arising out of access, use (or inability to use or access in whole or in part) or reliance upon, any information or services contained on or accessed through the Loan Service Net internet site (including information contained in sites linked to the Loan Service Net internet site). To the extent permitted by law, where law prohibits any part of this disclaimer, Pepper Group Limited's liability is limited to re-supply of any information or services or the cost of re-supply of information or services. Use of any product and services accessible through the Loan Service Net internet site is subject to the terms and conditions governing use of those products and services.
All the content which is on or is available from the Loan Service Net internet site, including without limitation all information, text, software and graphic, photographic, audio, audio-visual and other material ("Information") is owned or licensed by Pepper Group Limited or related companies. The information may be viewed on-line and except where otherwise indicated on this site, the information may be downloaded and reproduced in hard copy for personal use only. Copying, reproduction, transmission, public performance, posting, up-loading, republication, re-distribution, or any other acts within the exclusive rights of the copyright owner are otherwise prohibited unless with the express consent of Pepper Group Limited or the copyright owner. The information may not be modified or adapted in any way and the copyright notices, trademarks and all other proprietary notices must remain intact at all times.