Terms and Conditions for Loan Service Line and Loan Service Net

Loan Service Line enables you to use your touch tone telephone to carry out a range of transactions and to obtain information about our products and services. Loan Service Net enables you to do these things via the Internet.
Please read these Terms and Conditions carefully. These Terms and Conditions set out your and our rights and obligations and give suggestions on the proper and safe use of Loan Service Line and Loan Service Net (including your Access Number and Password). You should retain these Terms and Conditions for your future reference. If you do not understand any part of them, you should contact your Mortgage Servicer who will be happy to explain any matter to you.

1. Interpretation
1.1 Words with Special Meanings
There are words and expressions in these Terms and Conditions that have a special meaning:

"Access Number" means a seven-digit number given to you so you can access Loan Service Line or Loan Service Net.

"Access Letter" means the letter that is (or was) given to you advising your Access Number.

"Account" means each account to which we give you access by using Loan Service Line or Loan Service Net.

"Biller" means an organisation who tells you that you can make bill payments to them through BPAY.

"BPAY" means the electronic payment scheme called BPAY operated in cooperation between Australian financial institutions, which enables you to effect bill payments to Billers who participate in BPAY via the Loan Service Net or any other method as approved from us from time to time.

"BPAY Payment" means a payment transacted using BPAY.

"BPAY Pty Limited" means BPAY Pty Limited ACN 079 137 518.

"Business Day" means a day on which banks and financial institutions generally are open for business in Sydney.

"Loan Service Line" means our automated interactive voice response system you access using a touch tone telephone.

"Loan Service Net" means our internet loan servicing system you can access from your Mortgage Servicer's web site.

"Mortgage Servicer" means the mortgage servicer specified in the Access Letter or any other person we appoint as mortgage servicer.

"Nominated Account" means the Australian bank account you have advised us is your nominated account for redraws.

"Nominated Person" means each person named as such in an Access Nomination Authority signed by you.

"Password" means a confidential six-digit code given to you or nominated by you from time to time.

"Pay Anyone Payment" means a transfer of funds to any Australian bank account through the Pay Anyone facility on Loan Service Net.

"Payment Cut-Off Time" means the payment processing times specified in clause 17.

"Redraw Payment" means a payment made to your Nominated Account through the Loan Service Net or the Loan Service Line.

"us", "we" or "our" are references to Pepper Finance Corporation Limited ABN 51 094 317 647, Permanent Custodians Limited ACN 001 426 384, Well Nigh Capital No.1 Pty Ltd ACN 163 549 380 and GEL Custodians Pty Limited, ACN 118 374 155.

"you" means the person(s) liable on the account and (where the context permits) any Nominated Person or third party you authorise to use Loan Service Line or Loan Service Net with your Access Number and Password. If there is more than one of you, "you" means each of you separately and all of you jointly.

1.2 General Interpretation
In these Terms and Conditions:
(a)     the singular includes the plural and vice versa;
(b)     references to a document or agreement include all variations, novations or replacements;
(c)     references to any person (including you or us) include the person and the successors in title, transferees or executors of the person;
(d)     a reference to a person includes a natural person and a corporation;
(e)     a reference to time is to local time in Sydney;
(f)     where any word or expression has a special meaning, any other part of speech or other grammatical form of that word or expression has a corresponding meaning; and
(g)     headings are for convenience only and do not affect interpretation.

2. How to use Loan Service Line or Loan Service Net
To use Loan Service Line or Loan Service Net you need:
(a)     an Access Number; and
(b)     a Password.

3. Agreeing to these Terms and Conditions
You agree to be bound by these Terms and Conditions the first time you, a Nominated Person or any third party authorised by you use Loan Service Line or Loan Service Net.
 
Acceptance of these Terms and Conditions means that you acknowledge that we will be entitled to allow access to Loan Service Line or Loan Service Net to any person supplying the Access Number and Password.

4. Privacy
If an Account is in more than one name, each of you agrees that each of you can use Loan Service Line or Loan Service Net and have access to information we have in relation to the Account without the other's consent. All of you are jointly and severally liable for all transactions conducted using Loan Service Line or Loan Service Net including those transactions made by a co-account holder or Nominated Person, even if you did not benefit equally from the transaction. You agree that any person you authorise to use Loan Service Line or Loan Service Net can have access to information we have in relation to the Account.

In respect of BPAY Payments, you also agree to our disclosing to Billers nominated by you and if necessary the entity operating the BPAY Scheme (BPAY Pty Limited) 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:

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

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

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 above, as necessary.

You can request access to your information held by us or BPAY Pty Limited.

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

5. Use of Loan Service Line and Loan Service Net by a third party

You should maintain significant security in relation to the Loan Service Line and Loan Service Net.

If you authorise anyone to use Loan Service Line or Loan Service Net, you will be liable for any use of Loan Service Line or Loan Service Net by that person including transactions on any Account (even if that transaction is not authorised by you) or any failure by that person to observe these Terms and Conditions. You will be responsible for all transactions as though you made them yourself. You should ensure that any person you authorise to use Loan Service Line or Loan Service Net has read and understood these Terms and Conditions.

You may instruct us to block a third party’s access to your Account using the Loan Service Line and Loan Service Net.

If you are a trustee, you are bound by these Terms and Conditions both in your capacity as trustee and in your personal capacity.
 
If you are a corporation, you must advise the Mortgage Servicer of any change in the Nominated Persons or their authority to use Loan Service Line or Loan Service Net.
 
6. Security of Passwords and Access Numbers
It is important that you do everything necessary to keep your Password and Access Number secure and to avoid their misuse. Memorise your Access Number, and destroy any correspondence notifying you of your Access Number. In particular you must:  

•    ensure your Password and Access Number are not disclosed to any unauthorised person (including friends and family);

•    not select as your Password or Access Number any number which represents your birth date and any alphabetical code which is recognisable as part of your name;

•    use care to prevent anyone else seeing your Password and Access Number being entered when using Loan Service Line or Loan Service Net;

•    avoid accessing Loan Service Line from a telephone where the numbers dialled can be recorded (eg. hotel for billing purposes);

•    not record your Password and Access Number on a device (such as a smartphone or laptop) that could be used to perform a transaction, or anything carried with the device or anything liable to loss or theft with the device, unless you make a reasonable attempt to protect the security of the Password and Access Number;  

•    always log off from internet access and close your browser once you have finished an internet access session.  If you are using a public computer of mobile device, you must clear the computer or device cache or history after using internet access;

•    keep your Password and Access Number details separate and apart from each other; and

•    keep any record of your Access Number and Password secure.
If you do not take all reasonable precautions to ensure that your Password and Access Number are not misused, you may be responsible for all transactions on the Account whether or not they are authorised by you.

You must tell your Mortgage Servicer as soon as possible if you suspect that your Password or Access Number has been misused, lost, or stolen. You can notify your Mortgage Servicer by telephoning the number indicated in the Access Letter during business hours on each Business Day.

We can cancel or suspend your Access Number or Password at any time and without notice if we reasonably believe its use may result in loss to you or to us.
 
7. When you are not liable
You are not liable for loss of funds if unauthorised use took place:

•    before you received your Password or Access Number;

•    if it is clear that you have not contributed to the loss, or for transactions that you could not have known about;

•    when they are caused by the same transaction being incorrectly debited more than once to the same account;

•    which relate to a device, card or access code which is forged, faulty, expired or cancelled;

•    that are caused by the fraudulent or negligent conduct of our employees or agents, a third party supplier company involved in our networking arrangements or by merchants, or their employees or agents; or

•    after you informed your Mortgage Servicer that your Password or Access Number has been lost, stolen, or used by someone without your authorisation.
If transactions not authorised by you are processed on your Account, you must inform us as soon as you become aware of these.
 
8. Access to your Account

You can use Loan Service Line or Loan Service Net to access each Account specified in the Access Letter. We may subsequently give you access to other accounts through Loan Service Line or Loan Service Net. The range of services we make available through Loan Service Line or Loan Service Net will be determined by us in our absolute discretion from time to time. We may extend or reduce this range of services at any time without notice to you.
 
9. BPAY Payments
We are a member of BPAY. We will tell you if we are no longer a member of BPAY.

BPAY can be used to pay bills bearing the BPAY logo.  We will advise you if and when other transactions can be made using BPAY.  

When you tell us to make a BPAY Payment you must tell us the Biller’s code number (found on your bill), your Customer Reference Number (eg. your account number with the Biller, which should also be found on your bill), the amount to be paid and the Account from which the amount is to be paid.

You acknowledge that we are not required to effect a BPAY payment if you do not give us all of the required information or if any of the information you give us is inaccurate.

We will debit the value of each BPAY Payment and any applicable fees to the Account from which the relevant BPAY Payment is made.

You acknowledge that third party organisations (such as Billers or other financial institutions) may impose additional restrictions on your access to and use of BPAY.
You acknowledge that the receipt by a Biller of a mistaken or erroneous payment does not or will not constitute under any circumstances part or whole satisfaction of any underlying debt owed between you and the Biller.

If a BPAY transaction is made after 4:00pm Sydney time or on a non-Business Day, the transaction may be processed the following Business Day subject to the Biller’s financial institution and processing times.  Specific limits may apply to BPAY payments.
 

10. Your instructions to us
When you use Loan Service Line or Loan Service Net, your instructions will be carried out if they are permitted by the Terms and Conditions relating to your Account and comply with these terms and conditions. You authorise us to act on those instructions.

You also authorise us to act upon all instructions in relation to Loan Service Line or Loan Service Net given using your Password and Access Number. Except for future-dated payments (addressed in condition 11 below), we may not be able to stop the transaction authorised by those instructions once we have received them.

We may, in our absolute discretion and without notice to you, refuse to give effect to any instructions received from you. You are responsible for ensuring that the instructions you give or anyone you authorise gives us is correct. We may postpone processing a transaction if we need further information from you or a third party.

You should notify us immediately if you become aware that you may have made a mistake (except where the mistake is that what you pay was less than the amount you needed to pay, which is addressed below) when instructing us to make a Pay Anyone Payment or BPAY Payment or if you did not authorise a Pay Anyone Payment or BPAY Payment that has been made from your Account.

Subject to clause 17 ("Processing times and information on your Account"), Billers who participate in the BPAY Scheme have agreed that a BPAY Payment will be treated as received by the Biller to whom it is directed:

(a)     on the date you make that BPAY Payment, if you tell us to make the BPAY Payment before our Payment Cut-Off Time on a Business Day; or

(b)     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 a non-Business Day.

A delay may occur in processing a BPAY Payment where:
(a)     there is a public or bank holiday on the day after you tell us to make a BPAY Payment;

(b)     you tell us to make a BPAY Payment either on a day which not a Business Day or after the Payment Cut-Off time on a Business Day;

(c)     another financial institution participating in BPAY does not comply with its obligations under the BPAY Scheme; or

(d)     a Biller fails to comply with its obligations under the BPAY Scheme.
While it is expected that any delay in processing under this agreement for any reason set out above will not continue for more than one Business Day, any such delay may continue for a longer period.

You must be careful to ensure that you tell us the correct amount you wish to pay.  If you instruct us to make a BPAY Payment and you later discover that the amount you told us to pay was less than the amount you needed to pay, you can make another BPAY Payment for the difference between the amount actually paid to a Biller and the amount you need to pay.
 
11. Future-dated payments
Through the Loan Service Net, you may arrange Pay Anyone Payments and Redraw Payments up to 3 months, and BPAY Payments up to 12 months, in advance. If you use this option you should be aware that:

(a)     you are responsible for maintaining, in the Account to be drawn on, sufficient available redraw to cover all future-dated Pay Anyone Payments, Redraw Payments and BPAY Payments on the day(s) that you have nominated for payment;

(b)     if there is insufficient available redraw the Pay Anyone Payment, Redraw Payment or BPAY Payment may not be made;

(c)     you are responsible for checking your Account transaction details or Account statement to ensure the future-dated payment is made correctly; and

(d)     if you wish to cancel a future-dated payment after you have given the direction but before the date for payment, you must do so by cancelling the payment on the Loan Service Net.  You cannot stop a Pay Anyone Payment, Redraw Payment or BPAY Payment on or after the date for payment.  
 
12. Minimum payment amounts and maximum transaction limits

The minimum amount of any transaction which can be processed on your Account is $50 or such other amount that we notify to you from time to time. This minimum amount does not apply to:

•    inter account payments requested by you using Loan Service Line or Loan Service Net;

•    BPAY Payments made through the Loan Service Net; or

•    transfer of funds to any other Australian bank account through the Pay Anyone facility, using Loan Service Net.

For Pay Anyone Payments and BPAY Payments, a maximum daily amount of $5,000 applies, or such other amount as notified to you from time to time.
 
13. Liability for BPAY Payments

We will attempt to make sure that your BPAY Payments are processed promptly by the participants in BPAY, 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 to your account; or
•    if you think 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 13 and clause 16, 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 your own records, or liaise directly with the Biller to correct the error.

Mistaken payments
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.

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

(a)     we cannot recover within 20 Business Days of us attempting to do so that amount from the person who received it, and

(b)     the payment was made as a result of a payment direction, which did not comply with our prescribed security procedures for such payment directions.

Fraudulent payments
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 payment. However, if that person does not refund you the amount of the fraud-induced 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 payment.

Resolution principles
If a BPAY Payment you have made falls within the types described in this clause above (whether it is a mistaken payment, an unauthorised payment or a fraudulent payment), then we will apply the principles stated above for unauthorised payments.

If a BPAY Payment you have made falls within both the mistaken payment and fraudulent payment types described above, then we will apply the principles stated above for fraudulent payments

Biller consent
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.
 
14. Indemnity
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  info@cosl.com.au 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.
 
26. Restrictions
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.
 
Disclaimer
 
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.
 
Copyright
 
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.