PART A: Introduction
1. Information about these terms
These are the terms on which we operate the Online Service Centre and Mobile App (where available). Please read this document carefully.
These terms and conditions are in addition to the terms and conditions that apply to your account. If there is any inconsistency between the terms and conditions applying to your account and these terms and conditions, these terms and conditions will apply to the extent of that inconsistency.
2. Acceptance of these terms
If we agree to provide you with access to the Online Service Centre and/or the Mobile App, you will be taken to have accepted these terms:
- When you first access the Online Service Centre; or
- When you click a button to confirm your acceptance when registering for the Online Service Centre.
3. Accessing the Online Service Centre
3.1 To register for and access the Online Service Centre, you must have a valid username, password, and at our discretion a single use SMS code as described in 3.5. You may also be required to verify your identity via any other method we may determine from time to time.
3.2 If we agree to provide you access to the Online Service Centre, you will need to choose a username and password.
3.3 When selecting your password you must not select:
(a) A numeric code which represents your birth date; or
(b) An alphabetical code which is a recognisable part of your name.
Note: You may become liable for unauthorised transactions if you contravene this requirement - see 9.2.
3.4 You agree that any person who supplies us with your username and password will be allowed access to your Online Service Centre account.
3.5 Without limiting 3.4, you agree that a single use SMS code may be sent by us from time to time and at our discretion to the mobile number registered in respect of your account in order to authenticate and permit any requested registration or access to the Online Service Centre or the specific services in 6; and
3.6 You may access the Online Service Centre from several devices. However, for enhanced security, we collect the unique identifier of each device (for example the IMEI of a mobile telephone) accessing the Online Service Centre. If we do not recognise the unique identifier of the device used to access the Online Service Centre, we may deny or restrict access, subject to authentication of your identity.
4. Email addresses and Mobile Telephone numbers
4.1 In order to access the Online Service Centre or Mobile App you must provide your email address. You must notify us promptly if your email address changes.
Note: It is important we have your correct email address as we may use this address to notify you of changes to these terms or to the Online Service Centre.
4.2 If you provide a mobile telephone number to us, you agree that we may send you single use SMS codes as described in 3.5. If you choose to provide a mobile telephone number to us, you must ensure that the mobile telephone number is accurate and you must notify us promptly if your mobile telephone number changes.
Note: It is important we have your correct mobile telephone number as we may use this number to authenticate access to the Online Service Centre.
5. Accessing the Mobile App
5.1 In order to access the Mobile App, you will need to download it from the Apple App Store or Google Play store, and accept the terms and conditions of download, and register for an Online Service Centre account.
5.2 You will be required to register your mobile device, and you agree that for security reasons your device's unique identifier such as your mobile phone's IMEI number will be stored by us.
5.3 You may select a 4 digit personal identification number ("Access Code") for quicker access to the Mobile App Service. You may also be required to verify your identity via any other method we may determine from time to time.
5.4 When selecting your Access Code you must not use:
(a) A numeric code which represents your birth date; or
(b) your credit card PIN (if your card has this facility)
Note: You may become liable for unauthorised transactions if you contravene this requirement - see 10.
5.5 You agree that any person who supplies us with your Access Code from your registered device will be allowed access to your account information via the Mobile App.
6. What can be done using the service?
6.1 You may do the following things through the Online Service Centre or Mobile App:
- activate your credit card
- select or change a PIN for your credit card (if your card has this facility)
- check your balance
- review your most recent transactions
- make Pay My Account payments
- update your personal details (including residential or postal address, phone number and email address)
- receive electronic versions of your statements of account
- access up to 7 years of previous electronic statements of account
- opt-out of receiving paper versions of statements of account and other documents that we must send you
We may add, change, remove or amend any of the content or functions of the Online Service Centre or Mobile App at any time without prior notice to you. Not all content or functions may be available at all times.
7. Account information obtained from the service
The information about your account obtained from the Online Service Centre or Mobile App will reflect the current status of your account on our systems at the time you access the service. This information may not include transactions which are yet to be processed and may be corrected (for example, if a transaction is reversed).
8. Suspension or termination
8.1 You may cancel your access to the Online Service Centre or Mobile App by prior notice to us. The cancellation request will become effective when we process it.
8.2 We may suspend or terminate your right to access the Online Service Centre or Mobile App at any time. Reasons for suspending or terminating your right to access may include:
(a) If we suspect that you, or someone acting on your behalf, is being fraudulent;
(b) If the service is being misused or used inappropriately by you or another person acting on your behalf;
(c) If we believe the username or password is being misused or is likely to be misused;
(d) For reasons of security or quality of the Online Service Centre or Mobile App;
(e) To prevent loss to you or us;
(f) If we believe you gave us false or misleading information to open your account or gain access to the Online Service Centre or Mobile App;
(g) If you are in default under your account with us;
(h) Your account is closed; or
(i) If we believe that your account or your right to access the service has been or is being used to further a crime.
We can do this without sending you prior notice. Cancellation or suspension may be immediate.
8.3 We may also suspend or terminate your access to the Online Service Centre or Mobile App if you have not accessed your Online Service Centre account for at least twelve months or 45 days in the case of the Mobile App. If we suspend or terminate your access for this reason, you may gain access to the service again by re-registering. You may be required to select a different username and password.
9. Security of your username, password and Access Code
9.1 You must ensure that any cardholder informs us immediately if their username, password or Access Code has been misused, lost or stolen by calling Customer Solutions.
9.2 We must be given all the information that you have or can reasonably obtain regarding the loss, theft or unauthorised use.
9.3 You must ensure that any cardholder must:
(a) Not voluntarily disclose details of their username, password or Access Code to anyone including a family member or friend;
(b) Not act with extreme carelessness in failing to protect the security of the username, password or Access Code;
(c) Not record the password and username on one article or on more than one article that are liable to be lost or stolen simultaneously (without making a reasonable attempt to protect the security of the record); and
(d) Not choose a username in contravention of the requirements in 3.3.
Any act by a cardholder contrary to 9 may mean that you are liable for losses caused by unauthorised transactions caused by a breach of the security of the username, password or Access Code.
9.4 Cardholders should:
(a) Choose a username that is easy to remember, but difficult for others to guess
(b) Not save any passwords or Access Code on a computer or any personal devices
(c) Not write down any passwords or Access Code
(d) Use a combination of numbers and characters, including uppercase and lowercase in their password
(e) Not select a password that contains their username or any personal details that can be guessed by others
(f) Never provide their password over email or based on an email request
(g) Not reveal their username, passwords or Access Code to others
(h) Change their passwords regularly
(i) Ensure their computer has been installed with high quality and well known anti-virus software and anti-spyware, and keep these up to date
(j) Regularly download and install the latest security patches for all of their computer software, including web browser applications; check the software vendor's websites for updates
(k) Change their password immediately and contact Customer Solutions if their password has been compromised.
10. Changes to these terms
10.1 Subject to the notice requirements set out below, we may change these terms at any time.
10.2 We will give you 20 days advance written notice of any changes that:
Imposes or increases a charge relating solely to the use of the Online Service Centre or Mobile App, or the issue of replacement service;
Increases your liability for losses relating to EFT transactions; or
Imposes, removes or adjusts a daily or other periodic transaction limit applicable to the use of the Online Service Centre or Mobile App.
10.3 We will give you advance notice of other changes by writing to you or by any other manner which is likely to come to the attention of as many account holders as possible (this may include by notice on or with your statement of account or by press advertisement).
10.4 We do not have to give you advance notice where an immediate change to these terms is necessary to restore or maintain the security of our systems or the accounts.
11. Method of giving notice
11.1 By agreeing to these terms and by continuing to access the Online Service Centre or Mobile App, you consent to receiving any notice or other document we are required to give you personally under these terms by one of the following methods:
(a) By emailing the notice or other document to your email address; or
(b) By making the notice or other document available for a reasonable period of time on the Online Service Centre or Mobile App for retrieval by you when you next access your Online Service Centre or Mobile App account; or
(c) By any other method provided for in the terms and conditions applying to your account.
11.2 If the notice or other document is to be given under 11.1(b), we will send an email to your email address to notify you that the notice or other document is available for retrieval by you.
11.3 If we send you an email, the email is deemed to have been given once it enters your information system.
PART B: Liability for unauthorised transactions made using the Online Service Centre or Mobile App
12. When are you not liable for unauthorised transactions?
You are not liable for losses resulting from unauthorised transactions:
(a) Caused by fraudulent or negligent conduct by us, a supplier or company involved in networking arrangements (including the employees or agents of such organisations); or
(b) Relating to a forged, faulty, expired or cancelled username, password or Access Code; or
(c) That arise from transactions that require the use of:
(i) A username, before that username has been received or selected (as applicable) by you;
(d) Caused by the same transaction being incorrectly debited more than once to the account; or
(e) Occurring after we are notified that a username has been misused, lost or stolen, or that security of a password or Access Code has been breached; or
(f) Where it is clear that any cardholder has not contributed to such losses; or
(g) To the extent that we are able to recover amounts by exercising any relevant rights we have against a supplier.
13. Some cases when you are liable for unauthorised transactions
13.1 Subject to 12 and 13.2, you are liable for losses resulting from unauthorised transactions where any cardholder has contributed to the losses:
(a) Through fraud or a breach of the requirements in 9; or
(b) Through unreasonably delaying notifying us of the misuse, loss or theft of a username or the breach of security of a password or Access Code.
If 13.1(b) applies, you are liable for losses from the time when a cardholder becomes aware (or, in the case of loss or theft, should reasonably become aware) of the misuse, loss or theft, until we are notified that a username has been misused, lost or stolen, or that security of a password or Access Code has been breached.
13.2 You are not liable under 13.1 for:
(a) That portion of losses incurred on any one day which exceeds any applicable daily transaction limits notified to you; and
(b) That portion of the losses incurred in a period which exceeds any other periodic transaction limits applicable to that period notified to you; and
(c) That portion of the total losses incurred on the account which exceeds the credit limit.
14. Complaint handling
See the terms and conditions that apply to your account on how to make a complaint and how your complaint will be handled.
PART C: Pay My Account / Direct Debit Details
15. Pay My Account and Direct Debits
15.1 The Pay My Account facility is a Direct Debit Request. By using Pay My Account, you have authorised us to arrange for funds to be debited from your nominated account (in your sole name or jointly in your name and that of another person) with a third party financial institution.
15.2 Upon receipt of your instructions, we will take all reasonable steps to arrange for your financial institution to debit your account in accordance with your instructions provided to us. If you are uncertain as to when a debit payment will be processed, you should contact your financial institution for assistance.
15.3 To avoid late fees or collections activity, your Pay My Account payments should factor in processing times by your financial institution. Your payment due date is displayed on your monthly statement.
15.4 Use of the Pay My Account facility does not amount to acceptance by us of a payment arrangement or a waiver of a debt due.
15.5 We may vary any details of this agreement or the direct debit request at any time (including canceling it). We will give you notice in writing of any such change at least fourteen (14) days before the change takes effect.
15.6 It is your responsibility to ensure that there are sufficient clear funds available in your account to allow a debit payment to be made in accordance with the direct debit request.
15.7 If there are insufficient clear funds in your account to meet a debit payment:
(a) you may be charged a fee and/or interest by your financial institution;
(b) you may also incur fees or charges imposed or incurred by us, and
(c) you must arrange for the debit payment to be made by another method or arrange for sufficient clear funds to be in your account by an agreed time so that we can process the debit payment.
15.8 You should check your account statement to verify that the amounts debited from your account are correct.
15.9 If we are liable to pay goods and services tax ("GST") on a supply made by us in connection with this agreement, then you agree to pay us on demand an amount equal to the consideration payable or the supply multiplied by the prevailing GST rate.
15.10 If you believe that there has been an error in debiting your account, you should notify us immediately and seek assistance from your financial institution.
15.11 We will investigate and deal promptly and in good faith with any such query, claim or complaint. If your query, claim or complaint cannot be resolved to your satisfaction in that call, we will inform you at that time of the length of time which we estimate the investigation will take.
15.12 If we conclude as a result of our investigations that your account has not been incorrectly debited we will respond to your query by providing you with reasons and any evidence for this finding.
15.13 Any queries you may have about an error made in debiting your account should be directed to your financial institution which will obtain details from you of the disputed transaction and may lodge a claim on your behalf.
15.14 You should check:
(a) with your financial institution whether direct debiting is available from your account as direct debiting is not available on all accounts offered by financial institutions;
(b) that your account details which you have provided to us are correct by checking them against a recent account statement; and
(c) with your financial institution if you are uncertain about either of the above matters before completing the direct debit request.
15.15 We will keep any information (including your account details) in your direct debit request confidential. We will make reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorized use, modification, reproduction or disclosure of that information.
15.16 We will only disclose information that we have about you:
(a) to the extent specifically required or authorised by law; or
(b) for the purposes of this agreement (including disclosing information in connection with any query or claim); or
(c) with your implied or express consent.
PART D: Definitions
16. List of definitions
16.1 Throughout these terms, the following meanings are given to these words unless the context requires:
- Access Code means the personal identification number used in conjunction with the Mobile App.
- Banking business day, business day - any day on which banks in Melbourne or Sydney are able to effect settlement through the Reserve Bank of Australia.
- Cardlink Services Limited - Cardlink Services Limited (ABN 60 003 311 644) of Level 4, 3 Rider Boulevard, Rhodes NSW 2138. Privacy and Security: (02) 9646-9222 or email@example.com.
- Debit payment - means a particular transaction where a debit is made.
- Direct Debit Request means a request by you to us in accordance with these terms and conditions in which you authorise us to debit your account held at your financial institution.
- EFT Transactions - has the same meaning set out in the terms and conditions applying to your account, except for the purposes of these terms and conditions, applies only to transactions completed through the Online Service Centre.
- IMEI - International Mobile Station Equipment Identity.
- Mobile App means any mobile software application made available by us for the access and operation of an account via the Apple App Store or the Google Play store.
- Online Service Centre - the Internet based service provided by us that allow you to access your account as described in these terms and conditions.
- Password - the password used to access the Online Service Centre, which may include a temporary password or other code that we have told you to keep secret.
- Pay My Account means the online payment facility provided by us to enable you to make payments to your account via direct debit.
- PIN - the personal identification number for use with the card in any electronic banking terminal (if your card has this facility).
- SMS - the short message service protocol facilitated by telecommunications providers.
- Unauthorised transaction - has the meaning set out in the terms and conditions that apply to your account, except for the purposes of these terms and conditions, applies only to transactions completed through the Online Service Centre. An unauthorised payment is a type of unauthorised transaction.
- Us, we, our means Latitude Finance Australia ABN 42 008 583 588. Australian Credit Licence number 392145.
- Username - means the username used to access the Online Service Centre.
- Your financial institution - means the financial institution where you hold the account that you have authorised us to debit pursuant to your Pay My Account or Direct Debit request.
16.2 A word that is defined in the terms and conditions applying to the account have the same meaning in these terms unless the context requires or there is a separate definition in these terms.
The following terms and conditions apply if you chose to receive your statement of account electronically.
1. What changing your statement preference means
(a) That paper statements, as well as selected notices, will no longer be mailed
(b) You will not be charged a paper statement fee.
(c) An email reminder will be sent to your nominated email address when your online statement is available. However, we cannot guarantee delivery. Please note that your obligations to make payments on the account remain even if you do not receive your email reminder.
(d) You can view, print and save your online statement
(e) You may still occasionally receive a paper statement and certain notices in the mail but will not be charged a paper statement fee.
You need to ensure that your email address is kept up to date - if it changes, make sure you update it online.
2. When can you change your statement delivery preference?
Your statement delivery preference can be changed at any time - you'll be asked to set a preference upon initial access to your online account and this can be updated at any time through the Online Service Centre.
3. Who can change their statement delivery preference?
You can choose to stop receiving paper statements if you are:
(a) A primary cardholder of an eligible account; and
(b) A registered user of the Online Service Centre
4. When will your online statement be available?
Your online statement will become available depending on the statement period for that account, as per your paper statement. The statement period for each nominated account is subject to the terms and conditions for that account.
When your statement becomes available for viewing online, you will be notified by email to your nominated email address. However, we cannot guarantee delivery. Please note that your obligations to make payments on the account remain even if you do not receive your email reminder.
5. Email addresses
At registration, you must provide a valid email address for delivery of email notifications of your online statement. You can change your nominated email address at any time through the online service.
You must keep your nominated email address current and active.
By choosing to receive online statements, you agree to:
(a) Check the status of your account regularly by logging in to the Online Service Centre - ensuring that you make your payments on time remains your responsibility.
(b) Check your emails regularly;
(c) Ensure your mailbox can receive notifications for example; it has sufficient storage space available;
(d) Ensure your mailbox junk mail and spam filters allow receipt of emails from 'latitudefinancial.com';
(e) Tell us if you are unable to access your email or the online service for any reason;
(f) Regularly check for delivery of your online statement regardless of whether or not you have received an email notification; and
(g) Take reasonable and appropriate security measures in relation to your computer.
6. Fees for online statements
Online statements are available to all customers free of charge.
By consenting to receiving your statements online - and stopping paper statements - you will not be charged the paper statement fee, which is applicable when a paper statement is printed.
From time to time, you may still receive paper-based communications, including statements. In these situations, you will not be charged the paper statement fee.
7. What happens if your online access is terminated for inactivity?
Your access to the Online Service Centre will be terminated if you do not access your online account for at least 12 months. In this case, you will start to receive paper statements again and you will be charged the paper statement fee.
In order to change your preference - and avoid the paper statement fee - you will need to register for the Online Service Centre again and set your statement preference to online.