These terms and conditions apply to your use of the Loan Access System (for internet and phone banking) in relation to your Account and are in addition to any other terms and conditions which apply to your Account.

1. LOAN ACCESS SYSTEM
2. Registration
3. Security of Access Codes
4. Using the Loan Access System
5. Liability
6. Variation and Notice
7. The Lender
8. Definitions and Interpretation

1. LOAN ACCESS SYSTEM
1.1 The Loan Access System allows you to:

• obtain information regarding your Account;
• request a redraw of an amount from your Account;
• draw down funds from your Line of Credit Account; or
• access other services we make available from time to time.

You can access these services either by telephone (using the Loan Access Line), internet via our website, or by other forms of access we make available from time to time.
1.2 Your entitlement to redraw or draw down an amount from your Account is governed by the terms and conditions of your Account and nothing in these terms and conditions is intended to vary that entitlement in any way.
1.3 The first time that you or a person authorised by you use the Loan Access System, you automatically agree to these terms and conditions.
1.4 We may change, suspend, vary or cancel the Loan Access System or your access to the Loan Access System at any time and without notice subject to any applicable laws or relevant codes of conduct. We do not warrant that any the Loan Access System will operate at any particular time.
1.5 If the Loan Access System is not available for any reason, you should use other means of obtaining information regarding your account or effecting a redraw or draw down.
1.6 Only cleared funds are available for redraw or draw down, therefore, funds deposited in your Account are usually not available for redraw or draw down until 5 Banking Business Days after the date of deposit.
1.7 We warrant that we will comply with the requirements of the ePayments Code of Conduct where those requirements apply to your dealings with us. This clause does not apply to a Business Account.

2. REGISTRATION
2.1 You will be sent your specific details for using the Loan Access System. This information will allow you to use the Loan Access System to obtain information regarding your Account. However, in order to access the full functionality of the Loan Access System you will need to complete an online registration process.
2.2 If we accept your registration, we will allow you full access to the functions of the Loan Access System.
2.3 You (or each of you if there is more than one of you) will be provided with a PIN.
2.4 If there is more than one of you, then you authorise each other to use the Loan Access System on behalf of all of you. You will be bound by all transactions made by any one of you.
WARNING: Generally any borrower will be entitled to use any of the facilities offered by the Loan Access System. Accordingly each Account holder can bind each other Account holder. Any of you will be able to access the Account and all of you will be obliged to repay any and all debt even if each of you did not benefit equally from the funds. You should maintain significant security in relation to the Loan Access System.
WARNING: ACCOUNT AGGREGATION SERVICES. Some companies provide account aggregation services that allow you to view Account information from different institutions on the one webpage. To use an account aggregation service, you are usually required to give the service provider your Account details and your access codes. We do not endorse, promote or authorise the use of account aggregation services in connection with your Account(s). Remember that if you disclose any access code to another person, you will be liable for any transactions on your Account(s) made by that person using that access code.

3. SECURITY OF ACCESS CODES
3.1 Your Account number and the PIN that we provide you with are together called your ‘Access Codes’ and are used for the purpose of accessing the Loan Access System. You must keep all access codes secure. In particular, you must do the following:

• memorise your access codes and destroy any correspondence notifying you of an access code;
• keep any record of your access codes separate and apart from each other so that they are not liable to loss or theft simultaneously. For any access code, do not use numbers that represent your date of birth or any other number which can be readily identified (such as the numerals corresponding to your name or your phone number). We can cancel any access code at any time without notice if we believe it is being used in a way that can cause loss to you or to us;
• ensure that your access codes are not disclosed to any person (including friends and family);
• avoid your access codes being recorded or copied when accessing the access methods;
• you must not act with extreme carelessness in failing to protect the security of your access codes.

3.2 You must tell us as soon as possible if you suspect that any access code is known to an unauthorised person.

4. USING THE LOAN ACCESS SYSTEM
4.1 When you use the Loan Access System and give us your access codes you authorise us to provide information regarding your Account or act on your instructions and to pay any redrawn or drawn down amount into your Nominated Account. We need not pay any such amount in any way other than by deposit into your Nominated Account.
4.2 If we accept your Loan Access System request for a redraw or a drawdown of funds, we will use our best endeavours to ensure that this amount is deposited in your Nominated Account within 2 banking business days.
4.3 You must not use email to send us any notices or requests that may be required under these terms and conditions or the terms and conditions applying to your Account.
4.4 We (or our agents or contractors) own the proprietary and intellectual property rights in the Loan Access System, despite any ability you may have to download or modify information.
4.5 You are responsible for the installation and maintenance of any equipment you require to access the Loan Access System.

5. LIABILITY
When you are not liable for losses
5.1 This clause does not apply to a Business Account. If you hold a Business Account, you will be liable for all transactions on your Business Account, whether authorised by you or not.
5.2 If transactions not authorised by you are processed against your Account you must inform us as soon as you become aware of the unauthorised transactions. In this instance you are not liable for losses:

• if it is clear that you have not contributed to the loss;
• that are caused by the same transaction being incorrectly debited more than once to the same Account;
• if the unauthorised transaction took place before you received any relevant access codes;
• that are caused by the fraudulent or negligent conduct of our employees or agents or any company involved in our networking arrangement or of merchants linked to the electronic funds transfer system, or their employees or agents;
• which relate to an access code which is forged, faulty, expired or cancelled; or
• that occur after you inform us that your access code has been lost or stolen or the security of the access code has been breached.

When you may be liable for losses
5.3 If you have contributed to the loss resulting from unauthorised transactions by:

• acting fraudulently;
• disclosing any access code to any person;
• failing to keep any record of any access code separate and apart from any other access codes or access to the Loan Access System method so that they are not liable to loss or theft simultaneously (for example, you keep your access code for internet banking on your computer);
• requesting an access code which represents your date of birth or any other number sequence which can be associated with you (such as the last digits of your phone number); or
• otherwise acting with extreme carelessness in failing to protect the security of any access code,

You are liable for the actual loss suffered before you notify us of the misuse, loss, theft or the breach of the security. However, you are not liable for any portion of the losses incurred:

• on any one day that exceed the daily transaction limit;
• in a period that exceeds any other periodic transaction limit applicable to the relevant period; or
• that exceeds the credit limit applying to your Account during the period;
• on any Account that you and us agreed could not be accessed by way of the Loan Access System.

5.4 If you have contributed to the loss resulting from unauthorised transactions by unreasonably delaying notification to us after becoming aware of the misuse, loss or theft of any device forming part of the Loan Access System or that the security of any access code has been breached, you are liable for the actual losses that occur between when you became aware, or should have reasonably become aware, and when we were actually notified but you are not liable for any portion of the losses incurred:

• on any one day that exceeds the daily transaction limit;
• in a period that exceeds any other periodic transaction limit applicable to the relevant period; or
• that exceeds the credit limit applying to your Account during the period;
• on any Account that you and us agreed could not be accessed by way of the access methods.

5.5 If we cannot prove on the balance of probability that you contributed to the loss resulting from an unauthorised transaction, or it is not clear that you did not contribute to the loss resulting from unauthorised use, your liability will be limited to the lesser of:

• $150;
• your credit limit at that time; or
• the actual loss suffered at the time we are notified of the breach of security.

5.6 Subject to any warranties implied by law that cannot be excluded, we are not responsible for:

• errors, inaccuracies, omissions, interruptions, viruses/defects;
• delays resulting from failure of the communications network or ancillary equipment outside our control which supports the Loan Access System; or
• failure of the Loan Access System to perform a function in whole or in part.

5.7 If an error, inaccuracy or omission occurs and you advise the us in writing, we will endeavour to correct such error, inaccuracy or omission within 3 business days of notification. If we cannot correct the error, inaccuracy or omission within this period, we will contact you to tell you when we expect corrective action will be completed.
5.8 Subject to any warranties implied by law that cannot be excluded, we are not liable for any loss or damage (including without limitation, losses or damages for loss of profits, business interruption, negligence or wilful conduct, loss of information, indirect, special, punitive or consequential losses or damages) arising out of:

• the inability to use the Loan Access System where you were aware, or should have been aware, that the Loan Access System or any system or equipment necessary to operate the Loan Access System were unavailable for use;
• reliance on information obtained through use of the Loan Access System; or
• any errors, inaccuracies, omissions, interruptions or viruses/defects which arise from the use of the Loan Access System where you were aware, or should have been aware, that the Loan Access System or any system or equipment necessary to operate the Loan Access System was malfunctioning, other than the refund of any charges or fees imposed on you as a result of the system being unavailable or malfunctioning.

5.9 Where our liability for a breach of warranty implied by law cannot be excluded, to the maximum extent allowed by the law and at our option, our liability is limited to:

• the re-supply of the information or services to you (including the correction of any errors in your Account); or
• the payment of the cost of having the information or services re-supplied to you.

5.10 Your access to the Loan Access System may be automatically denied after unsuccessful attempts to enter the relevant access codes. If this happens, you must contact us to obtain access to the Loan Access System.
5.11 We are not liable for any direct or consequential loss or damage you suffer as a result of any delay or error in carrying out your instructions, or any other circumstance beyond our reasonable control.

6. VARIATION AND NOTICE
6.1 We may change these terms and conditions at any time by notice in writing, such change to take effect from the date specified in the notice. We will notify you of the change by notice when you log into the Loan Access System.

7. THE LENDER
7.1 The Lender enters provides access to the Loan Access System and enters into the agreement only in its capacity as a trustee of a trust and in no other capacity.
7.2 Any liability or obligation of the Lender arising under or in connection with this agreement is limited to and can be enforced against the Lender only to the extent to which it can be satisfied out of the assets of the trust out of which the Lender is actually indemnified for the liability.

8. DEFINITIONS AND INTERPRETATION
8.1 The following terms have the meanings set out below unless the context otherwise requires.

• Access Codes means your Account number which is set out in the schedule to your loan agreement and your PIN.
• Account means your Loan Account or Line of Credit Account identified in the schedule to your loan agreement.
• Banking Business Day means any day on which banks in Sydney or Auckland are able to effect settlement through the Reserve Bank of Australia or the Reserve Bank of New Zealand.
• Business Account means an Account which is primarily used by a business and is established for business purposes.
• Line of Credit Account means your line of credit account as identified in the schedule.
• Loan Access Line means the facility (as modified from time to time) which allows telephone access to the Loan Access System.
• Loan Access System means the system described in clause 1.1.
• Nominated Account means the transaction account linked to your Loan Account or Line of Credit Account which you notify to us from time to time as the account into which we deposit funds which are redrawn or drawn down from your Loan Account or Line of Credit Account.
• PIN means your Personal Identification Number.
• We, us or our means the lender identified in the schedule to your loan agreement.
• You means the person identified in the schedule as borrower and if there is more than one, means each of you jointly and severally. You includes any person who uses the Loan Access System in respect of the Account and gives us your Access Code.

8.2 A reference to:

• this agreement or another instrument includes
• any variation or replacement of any of them;
• the schedule means the schedule to this agreement;
• the singular includes the plural and vice versa;
• a person includes a firm, body corporate, and
• unincorporated association or an authority and
• their executors, administrators, successors,
• substitutes (including, without limitation, persons
• taking by novation) and assigns;
• anything includes the whole and each part of it
• and a reference to a group of persons includes all
• of them collectively, any two or more of them
• collectively and each of them individually.

8.3 Headings are inserted for convenience and do not affect the interpretation of this agreement.