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MasterCard BusinessCard/ PurchasingCard - Westpac · 2014-03-17 · 04 Liability for transactions...

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These are your MasterCard BusinessCard/ PurchasingCard account holder and cardholder conditions of use. Please read these Conditions of Use and then keep this document in a safe place. MasterCard BusinessCard/ PurchasingCard Conditions of Use
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Page 1: MasterCard BusinessCard/ PurchasingCard - Westpac · 2014-03-17 · 04 Liability for transactions charged to your account You are responsible for all credit extended by Westpac to

These are your MasterCard BusinessCard/ PurchasingCard account holder and cardholder conditions of use. Please read these Conditions of Use and then keep this document in a safe place.

MasterCard BusinessCard/ PurchasingCardConditions of Use

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Mastercard Businesscard/ Purchasingcard

ContentsAccount holder Conditions of Use

02 Lost & stolen cards/PINs03 Liabilities05 Transaction disputes06 Card transaction requirements07 Card acceptance & limitations07 Damaged or faulty cards07 Adding a cardholder to your account08 Changing credit limits08 Cash advance access08 Monthly account statements09 Payments09 Charges10 Anti-money laundering and sanctions11 Terms & conditions set by third parties11 Account and card cancellation12 Variation of Conditions of Use

Unauthorised transactions insurance policy

12 Unauthorised transactions insurance policy13 Terms and conditions – unauthorised

transactions insurance

Cardholder Conditions of Use17 Receiving and signing your card17 Ownership of your card17 Selecting your PIN18 Cash advance facilities18 Protecting your card and PIN18 Lost & stolen cards/PINs19 Card acceptance & limitations19 Transaction restrictions20 Card transaction requirements20 Contactless transactions20 Anti-money laundering20 Terms & conditions set by third parties21 Card cancellation21 Variation of Conditions of Use

Transit accident insurance policy21 Transit accident insurance policy22 Terms and conditions – Transit accident

insurance

Supplementary cardholder Conditions of Use

26 MasterCard Smartdata.gen226 The System

Definitions - Westpac MasterCard BusinessCard/PurchasingCard conditions of use

28 Definitions

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Under our Conditions of Use you are required to:

• keep your Personal Identification Number (PIN) secure;

• agree that your card is the property of Westpac; and

• sign your card as soon as you receive it.

If you have any enquiries about your Westpac MasterCard BusinessCard/ PurchasingCard, you can call us – 24 hours a day, seven days a week – on 0800 888 111. If you need to write to us, our address is Westpac, Private Bag 92503, Wellesley Street, Auckland.

Please let us know immediately if you change your address.

This brochure sets out the conditions of use that apply to both you as the account holder and for the cardholder(s) on your account. As soon as you or a cardholder on your account signs or uses a Westpac MasterCard BusinessCard/ PurchasingCard, you are deemed to have agreed to the conditions of use in this document.

MasterCard BusinessCard/ PurchasingCardConditions of Use

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Account holder Conditions of UseAs the company or organisation that applied for the MasterCard BusinessCard/PurchasingCard account and in whose name the account is conducted, you are the account holder. These account holder Conditions of Use apply to you as the account holder.In addition to an account holder, each MasterCard BusinessCard/PurchasingCard account also has one or more cardholders. A cardholder is any person over 18 years of age to whom we issue, at your written request, a Westpac MasterCard BusinessCard/PurchasingCard. We will issue a card, and a Personal Identification Number (PIN), to any person you nominate as a cardholder. The cardholder Conditions of Use are also included as part of the MasterCard BusinessCard/PurchasingCard Conditions of Use (and are set out after these account holder Conditions of Use), and you as the account holder are bound by both the account holder Conditions of Use and the cardholder Conditions of Use. You are liable if any cardholder fails to observe the cardholder conditions of use.

Under our Conditions of Use, you are required to:

• ensure that all cardholders, prior to receiving a card, are instructed in writing that their card is to be used for business purposes only; and

• agree that all cards issued on your account are the property of Westpac.

Lost & stolen cards/PINsYou or a cardholder must notify us immediately if:

• any card on your account is lost or stolen;

• the PIN associated with any card becomes known to anyone other than the cardholder; or

• a record of the PIN associated with any card on your account is lost or stolen.

If you are in New Zealand, please:

• call us toll-free on 0800 888 111 24 hours, seven days a week, or

• notify any Westpac branch during business hours.

If you are outside New Zealand, please:

• notify a bank which displays the MasterCard symbol; or

• notify us by calling +64-9-914 8026 if you cannot find a bank which displays the MasterCard symbol.

You or the cardholder will be required to provide information on how the loss occurred.There may be a charge to your account if a replacement card is required.

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LiabilitiesLiability for losses which result from lost and stolen cards/ PINs

Once you or a cardholder have told us that a card has been lost or stolen, or a PIN disclosed, either in New Zealand or overseas, you will not be held responsible for any unauthorised use of the card after that time, unless those transactions are made by a cardholder to whom a card was issued, or unless a cardholder has acted fraudulently or negligently. You will be liable to pay no more than $50.00 of any loss that occurs before you or a cardholder notify us.

However, this $50.00 limit will not apply if you or a cardholder:

• has failed to reasonably safeguard their card;

• has kept a written record of their PIN;

• has kept his or her PIN in a form that can be readily identified as a PIN;

• has selected an unsuitable PIN, such as birth dates, parts of a telephone number, parts of the card number or sequential or easily identified numbers (eg. 2345 or 2222);

• has disclosed his or her PIN to anyone, whether family, the Police or those in apparent authority including bank staff, or allowed any such person to use his or her card;

• has unreasonably delayed notifying us that the card has been lost or stolen, or that his or her PIN has been disclosed;

• has failed to take all reasonable steps to prevent disclosure to any other person when keying in his or her PIN;

• has acted fraudulently or negligently; or

• has breached the MasterCard BusinessCard/PurchasingCard Conditions of Use.

In the above instances, your maximum liability will be the lesser of:

• the actual loss at the time of notification; or

• the maximum amount that you would have been entitled to withdraw from your account between the time your card is lost or stolen or your PIN has been compromised and the time you notify us.

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Liability for transactions charged to your account

You are responsible for all credit extended by Westpac to any cardholder(s) on your account. You will be required to pay us the amounts on all:• cash advance and sales vouchers signed or authorised by

a cardholder;

• mail, telephone or Internet order transactions and recurring transactions authorised by a cardholder;

• EFT transactions carried out on your account by a cardholder; and

• any other transaction authorised by a cardholder and approved by us.

If a cardholder initiates a transaction by mail order, telephone order or via the Internet, the cardholder is giving authority to the MasterCard merchant to process an EFT transaction or issue a sales voucher for the purchase amount, which will be debited to your account. If a cardholder initiates recurring transactions (i.e. agrees with a MasterCard merchant that an amount will be debited against your account on a regular basis), then you are liable for meeting those transaction amounts even if you close your account.In certain circumstances a cardholder’s agreement with the merchant may authorise the debiting of your account with additional purchase amounts without the need for the cardholder’s signature. Provided these amounts have been incurred under the terms of that agreement they may be charged to your account.

Liability for transactions on closed accounts or insufficient funds/credit

If an EFT terminal or a sales voucher processes a transaction on an account which has been closed or, if it is open and there are insufficient funds or available credit to permit the transaction, we will not be deemed in any way to have consented to that transaction and you will be liable for that transaction amount.

Westpac’s liability

Westpac will be responsible for any direct or reasonably foreseeable loss or damage caused by the failure of either a cardholder’s card or any ATM (excluding any card or ATM which is obviously faulty, or in the case of an ATM which has been advised by notice or display as being faulty) to function properly. We will also be liable for any direct or reasonably foreseeable loss or damage which results from the fraudulent or negligent acts or omissions of our employees or agents.

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Transaction disputesYou are responsible for checking your statements to ensure their accuracy and advising us of any mistakes, even if you are not at the address to which you have requested us to send statements. If you use an expense management system, you must ensure that you check the transaction records that are made available through your expense management system.In some situations, if you do not receive the goods or services you have ordered with your card or by use of your card number, or if you have not authorised a transaction, you may be able to get a credit for the transaction.If you dispute any transaction recorded in your monthly statement, you must notify us in writing within 30 days of the statement period closing date, giving the following information:• the relevant card number and the name on the card;

• the amount and nature of the disputed transaction, attaching (if available) a copy of the transaction record or sales voucher in support of your case;

• details of the EFT terminal (if any) at which the disputed transaction occurred;

• details of the website (if any) through which the disputed transaction was initiated;

• the date and approximate time (if known) on which the disputed transaction occurred; and

• details of any formal complaint lodged with the Police.

Once you have notified us of the disputed transaction we will investigate the matter and advise you of the outcome of the investigation within 30 days of receiving your complaint. Should the investigation not be completed within 30 days you will be advised of the likely delay and the reason for that delay. Failure to report the incorrect, invalid or unauthorised transaction within 30 days will mean we cannot reverse the transaction and you will be liable to pay for it. Where it is established that an error did occur (whether it was the disputed transaction complained of, or not) it will be corrected, and you will be advised of any appropriate adjustments which will be made to your account in respect of credit charges and other charges. If, as a result of our investigation, we believe the charge or transaction should remain, we will write to you setting out our reasons.If you have followed Westpac’s internal complaints procedure and you are still not satisfied with the outcome of the investigation, you may refer the matter to the Banking Ombudsman.In respect of disputes between merchants and cardholders, refer to the Card transaction requirements section below.

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Transaction restrictionsYou may choose to place certain restrictions on the types of transactions that may be undertaken by the use of a card. Such restrictions may relate to individual cards or all the cards issued under the MasterCard BusinessCard/PurchasingCard facility. The restrictions may limit any one or more of the following:

• the types of merchants, financial institutions or electronic banking terminals that may accept the card;

• the country where the merchant, financial institution or electronic banking terminal is located;

• the number and/or value of transactions you may make in a predefined period (per day, per week, per month);

• the day of the week and/or the time of day that you make transactions; and

• whether you may undertake cash advances with the card.

Other restrictions may be made available at our discretion. Any such restrictions will restrict the use of a card when being used to access the relevant MasterCard BusinessCard/PurchasingCard facility only and will not apply to the extent a card is used to access transactional or savings accounts.

You agree to notify each cardholder of any restrictions that apply to the use of the card.

There may be instances where the restrictions placed on a card may not be effective. This is usually where electronic approval of transactions is not available (e.g. at paper credit card merchants, during a maintenance period or where electronic authorisation networks may not be fully functioning). If the restrictions are ineffective, it may be possible for a cardholder to perform a transaction that would otherwise be restricted. You agree that:

• You are liable for all such transactions; and

• In no circumstances will Westpac be liable to you for any transaction that proceeds notwithstanding a restriction nominated by you.

In certain circumstances Westpac may provide you with a service that allows you to set your own restrictions through an online portal. See our website westpac.co.nz for the standard fees for this service.

Card transaction requirements• Use of a card on your account constitutes an irrevocable order to

Westpac and neither you nor a cardholder can stop payment of a transaction made using a card on your account. There are limited circumstances under which we can reverse a transaction which will be subject to the rules of the relevant credit card company (e.g. we cannot reverse a transaction where there is a dispute with a merchant about the quality of the goods and services). We will not be responsible for the goods and services supplied by any merchant, and any complaints you or a cardholder have with a merchant must be resolved by you.

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• You must ensure that your account does not, without our prior written approval, exceed the account credit limit authorised in writing by us. If you fail to comply with this condition, then any amount in excess of your account credit limit is payable on demand. You will be liable for any transaction processed to your account which exceeds your account credit limit.

• If you wish to dispute a transaction on your statement you may do so. Please see the “Transaction disputes” section above.

Card acceptance & limitationsMasterCard BusinessCard and MasterCard PurchasingCard are accepted by banks and merchants displaying the MasterCard symbol. However, we will not be held liable if any bank or merchant either refuses to accept the card, does not follow proper authorisation procedures, or will not allow the card to be used to purchase particular types of goods and services available from the bank or merchant.The use of your card may be subject to exchange controls or other government or legal requirements and in these circumstances Westpac may delay, defer, stop, charge back or refuse to process a transaction. See the Anti-money laundering and sanctions section below for further information. MasterCard processes, and converts into New Zealand dollars, cash advances, purchases and/or charges made in foreign currencies at the rate(s) of exchange fixed by MasterCard. Transactions made in United States dollars are converted directly into New Zealand dollars.MasterCard converts transactions made in any other foreign currency into United States dollars before converting them into New Zealand dollars.A foreign currency fee will be charged by the bank on any such foreign currency transaction. See our website westpac.co.nz for details of this foreign currency fee.

Damaged or faulty cardsIn the event that a card on your account becomes damaged or faulty, we will issue you with a new card when you or a cardholder return the damaged/faulty card to us. You or a cardholder must also advise us of how the damage or fault occurred. There may be a charge to your account if a replacement card is required.

Adding a cardholder to your accountTo add a cardholder to your account, please complete a MasterCard BusinessCard/MasterCard PurchasingCard cardholder application form. The cardholder application form must be signed by your authorised signatory(ies) and the cardholder.Each card issued on your account is subject to the cardholder Conditions of Use, a copy of which is supplied to each cardholder at the same time the cardholder receives his or her card.

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The approved credit limit will be shown on the mailer containing the card and in your monthly statement.You may be asked at any time to provide information about any cardholder or any other person with access to, or authority over, your cards or your MasterCard BusinessCard/PurchasingCard facility (such as authorised signatories). This may include satisfactory proof of their identity and/or authority to act on your behalf. You agree to provide all such information to us which we reasonably require to manage our anti-money laundering, terrorism financing and economic and trade sanctions risk or to comply with any laws or regulations in New Zealand or any other country.

Changing credit limitsTo change the credit limit on your MasterCard BusinessCard or MasterCard PurchasingCard account, please complete a MasterCard BusinessCard/MasterCard PurchasingCard account holder information update form.To change the credit limit on any card on your account, please complete a MasterCard BusinessCard/MasterCard PurchasingCard cardholder information update form. If your request is approved, we will notify you and the cardholder concerned of the new limit and tell you the date from which it will take effect.

Cash advance accessIf not restricted by the account holder, we will enable cash advance access (both through an ATM or over the counter at a branch) for individual cardholders. To enable or restrict cash advance access on any card on your account, please complete a MasterCard BusinessCard/MasterCard PurchasingCard cardholder information update form.

Monthly Account Statements We will allocate you a monthly date for the issue of statements. We will send you a statement if, at that date any new transactions have been debited or credited to your account since the previous statement period.

Your monthly statement will consist of:

• a consolidated statement for the whole account; and

• unless you have asked us to supress them, copies of the individual statements issued to the cardholders, which show and itemise all of their transactions for the statement period.

The consolidated statement will tell you the account’s “closing balance”, the “direct debit date”, the “amount” that will be debited to your nominated funding account, the “account number” of the funding account that the direct debit will be debited to, and the “statement period”.

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PaymentsThe monthly outstanding balance of your account is due in full on the date shown on your monthly consolidated statement. All payments must be made by direct debit (no other form of payment will be accepted). You must complete the necessary forms to authorise the direct debit facility from your nominated account.

Direct debits

The direct debit payment amount is calculated by totalling those cardholders statements that have a debit balance. Statements that have a credit balance are not included.

Application of payments

Unless otherwise advised as part of any promotional offer, any payments you make will be applied against the amount you owe in the following order:1. All charges, either shown on the current statement or any previous

statements, or charged since your current statement;

2. All interest, shown on the current statement or any previous statements;

3. All cash advances shown on the current statement or any previous statement;

4. All purchases shown on the current statement or any previous statements;

5. All cash advances made since the current statement;

6. All purchases made since the current statement.

Effective date of payment and availability of credit A payment to your account is considered to be made on the day that the payment is actually credited to your account. Payments will normally be credited to your account the day they are processed. However, if there are delays in crediting a payment to your account the payment will be back-dated to the date it was processed for the purpose of calculating interest.

Charges and interestOther charges that may be incurred and charged to your account are subject to change. Details of the standard charges applying to the Westpac MasterCard BusinessCard/PurchasingCard facility can be found on our website at westpac.co.nz. Charges include:

• applicable system implementation fees;

• annual account charges;

• cash advance charges;

• replacement card charges (may apply to replacement of lost, stolen, damaged or faulty cards);

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• account over limit charges;

• courier/freight charges;

• voucher search charges;

• statement copy charges;

• transaction charges;

• late payment penalty charges;

• costs and expenses incurred by us in collecting cards and/or payments; and

• Foreign currency fees, demand notice charges.

Interest rates The current interest rate is subject to change and is shown on each of your monthly statements.When there is an interest rate or fee change, then these changes will be effective on the account the day following your next statement.

How is interest calculated? Interest which accrues on your account will be debited to your account at the end of the last day of your statement period.

When will interest be charged?Purchases • You will not be charged interest on purchases made in your current

statement period (i.e. the statement period after your last statement was issued).

Cash advances • You will be charged interest on the daily balance of each cash

advance, from the date you draw the cash until you pay that amount in full.

Unpaid interest • Any unpaid interest on your account will itself bear interest on its daily

balance from the date it is charged to your account until it is paid in full.For more details visit westpac.co.nz or call us toll-free on 0800 888 111.

Anti-money laundering and sanctions You agree to provide all information to Westpac that Westpac requires in order to manage its anti-money-laundering and countering terrorism financing obligations, to manage its economic and trade sanctions risks and to comply with any laws, rules or regulations in New Zealand or any other country. You agree that Westpac may refuse to establish a business relationship with you, may be required to delay, defer, stop, charge back or refuse to process any transaction, or may terminate its business relationship with you at any time and without notice, if you fail to provide this information to Westpac in the manner and timeframe specified by Westpac.

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You agree that Westpac may delay, defer, stop, charge back or refuse to process any transaction without incurring any liability if Westpac knows or suspects that: • the transaction will or may breach any laws or regulations in New

Zealand or any other country; or

• the transaction involves any person (natural, corporate or governmental) that is itself sanctioned, or is connected, directly or indirectly, to any person (natural, corporate or governmental) that is sanctioned, under economic and trade sanctions imposed by any country.

Unless you have disclosed in writing to Westpac that you are acting in a trustee capacity or on behalf of another party, you warrant that you are acting solely on your own behalf in connection with the MasterCard BusinessCard/PurchasingCard facility.

For each transaction conducted through your MasterCard BusinessCard/PurchasingCard facility, you represent and warrant to Westpac that, to best of your knowledge, information and belief at the time the transaction takes place, the processing of that transaction will not breach any laws or regulations in New Zealand or any other country relevant to the transaction.

Terms & conditions set by third partiesIn addition to these Conditions of Use, the use of a card in an EFT terminal is subject to the conditions imposed from time to time by other financial institutions who are parties to any EFT system.

Account and card cancellationYou may cancel your account, or any card on your account, at any time. Please notify us immediately by telephone if you wish to cancel your account or a card on your account, then complete a MasterCard BusinessCard/MasterCard PurchasingCard cancellation authority form. You must cut the cancelled card(s) in half and return them with the cancellation authority. You will remain liable for any use of the cancelled card(s) until the card(s) have been returned to Westpac.Westpac may cancel your account, or any card on your account, at any time without prior notice. If you are notified that your account or any card on your account has been cancelled, you are required to cut the card(s) in half and return them to any Westpac branch. You will continue to be liable for the use of the cancelled card(s) until they have been returned to Westpac.Proof of posting a letter to your last recorded address notifying you of the cancellation of your account or a card on your account will be proof of notification.

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Variation of conditions of useWe reserve the right to vary both the account holder Conditions of Use, and the cardholder Conditions of Use at any time. Notice of any such changes will be given at least 14 days in advance in accordance with the Code of Banking Practice.

Unauthorised transactions insurance policy

This is your Westpac MasterCard BusinessCard/PurchasingCard unauthorised transactions insurance policy (previously known as “Waiver of liability insurance”), provided at no additional cost to you. It applies to unauthorised transactions which occur on or after 31 March 2014.

This insurance, as described below, covers you against unauthorised transactions incurred by your cardholders.

If you want to make a claim, you are bound by what is set out in this policy. Therefore it is important that you read this policy carefully and keep it in a safe place.

You may also need to keep detailed particulars and proof of any loss including MasterCard BusinessCard/PurchasingCard account statements showing any unauthorised transactions.

Zurich – The Issuer of this insurance coverYou should be aware that the issuer of this insurance cover is Zurich Australian Insurance Limited, ABN 13 000 296 640, AFS Licence No. 232507, of 5 Blue Street, North Sydney, NSW 2060, Australia.

Westpac is not the issuer of the cover and neither it nor any of its related companies guarantee or are liable to pay any of the benefits under this cover.

Westpac does not receive any commission or remuneration in relation to the covers set out in this policy.

Neither Westpac nor any of its related companies are authorised representatives of Zurich or any of its related companies.

SanctionsNotwithstanding any other terms, Zurich shall not be deemed to provide coverage, nor will it not make any payments or provide any service or benefits to any person or other party to the extent that such cover, payment, service, benefit and/or any business or activity of the person would violate any applicable trade or economic sanctions law or regulation.

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How can this insurance cover be terminated or changed?Westpac may terminate or change the cover at any time. Westpac will give you written notice of the change or termination.

The existing cover will apply to unauthorised transactions made before the date of the change or termination.

Terms and Conditions – Unauthorised transactions insurance

What is coveredYou are covered against unauthorised transactions incurred by your cardholders. However Zurich’s liability to pay your claims under this insurance cover is limited, in any twelve months, to NZ$20,000 per individual cardholder up to a maximum of NZ$150,000 in total.

Your ResponsibilitiesIt is a condition of this insurance that you must take all reasonable steps to ensure your cardholders use their card in accordance with your instructions and any authority you have given to the cardholder, including (but not limited to) the following:

• courier/freight charges;

• You must instruct your cardholders in writing of the limits of their authority to use their MasterCard BusinessCard/PurchasingCard account.

• When:

- you no longer wish a cardholder to use their card; or

- the cardholder’s employment is terminated or the cardholder resigns; or

- you become aware, or a reasonable person in the circumstances would have become aware, that an unauthorised transaction had been incurred (e.g. when an unauthorised transaction shows on a statement) or is likely to be incurred by the cardholder;

You must immediately direct Westpac to cancel the cardholder’s card. This direction should be made by telephone or facsimile or any other electronic communication, which may be approved by Westpac.

You must also, if possible, immediately obtain the card from the cardholder, cut it up and return it to Westpac at the address appearing on the MasterCard BusinessCard/PurchasingCard account statement. If you are unable to recover the cardholder’s card, you must immediately write to the cardholder advising the cardholder that he or she is no longer authorised to use the card and must return it to you.

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What is not coveredZurich shall not be liable under this insurance for:

• any indirect losses or consequential liability of any kind arising from unauthorised transactions; or

• any unauthorised transactions incurred by a director, partner, principal or owner of the account holder or any family members of the said directors, partners, principal or owners.

How to make a claimWhen you become aware of an occurrence likely to result in a claim you must do the following:

• immediately report the matter to the police and press charges against the cardholder who performed the unauthorised transaction;

• take all reasonable steps to recover from the cardholder all unauthorised transaction amounts transacted by the cardholder. This includes (but is not limited to) you utilising, where legally possible, any monies held by you for, or on behalf of, the cardholder so as to avoid or reduce any loss through unauthorised transactions to the maximum extent permitted by law; and

• advise Westpac (who will inform us), preferably by telephone or facsimile or any other electronic communication, which may be approved by Westpac, and on the same day complete and send to Westpac a “Notification of Claim” form and copy of the policy report (or incident report number) and the letter you sent the cardholder (if applicable).

DocumentationWhere necessary, Zurich may require you to complete a written loss report which must be returned to it within 30 days after you receive it.

Zurich may also require further documentation or material in support of the claim. This will include (but is not limited to) MasterCard BusinessCard/PurchasingCard statements.

Assisting Zurich with claimsIn certain circumstances, Zurich may have the right to sue others in your name to recover money payable under this insurance. If this occurs, you must assist Zurich and act in an honest and truthful way.

When making a claim you must tell Zurich about any other insurance under which you are or might be able to claim. If you can claim from another insurer and Zurich also pay you in respect of the same insured event, then you must refund to Zurich the amount Zurich paid if they also pay you. You cannot claim from Zurich and from the other insurer to obtain an aggregate amount that exceeds your loss.

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Fair Insurance CodeAs a member of the Insurance Council of New Zealand, Zurich subscribes to the Fair Insurance Code. The purpose of the Code is to raise the standard of practice and service in the general insurance industry.

The Code aims to:

• set service standards for insurance companies

• describe the responsibilities that you and your insurance company have to each other

• encourage professionalism in the insurance industry.

Complaints and Dispute Resolution process If you have a complaint about an insurance product issued by Zurich or a service you have received from Zurich, you can call Zurich on +61 2 9995 2477. Reverse charge calls to this number can be made by phoning Australia Direct®, Telstra’s international reverse charge service via Telstra Clear on 0880 602 878 or Telecom New Zealand on 000 961.

Zurich will acknowledge your complaint within 3 working days and advise you in writing of the outcome or progress of your complaint within 10 working days.

If you are not satisfied with the outcome of the dispute resolution process and would like to take the complaint further, you may refer the matter to the Insurance and Savings Ombudsman (ISO) in New Zealand, an independent and external dispute resolution scheme. The ISO is free of charge to you but can only be accessed after you have gone through Zurich’s internal dispute resolution process.

ISO contact details are:

Insurance and Savings Ombudsman

Freephone: 0800 888 202

Post: Office of the ISO PO Box 10-845 Wellington 6143 NEW ZEALAND

Website: http://www.iombudsman.org.nz/

Email:[email protected]

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PrivacyZurich is bound by the Privacy Act 1993 and it respects your privacy. Before providing Zurich with any personal information or sensitive information, you should know the following things:

Zurich will not require personal information until a claim is made. Zurich collects, uses, processes and stores personal information and, in some cases, sensitive information about you in order to comply with its legal obligations, to administer the products or services provided to you, to enhance customer service and to manage a claim. Zurich will, in relevant cases, disclose personal information to Westpac, Zurich’s service providers and business partners in order to allow monitoring of the claims service provided prevention of fraud and to ensure eligibility for cover.

By providing Zurich with your personal information, you consent to its use of this information which includes Zurich disclosing your personal information including sensitive information such as health information, where relevant for the purposes, to affiliates of the Zurich Insurance Group Ltd, other insurers and reinsurers, its service providers, business partners or as required by law.

If you do not agree to provide Zurich with the information, Zurich may not be able to assess your claim or your claim may be delayed.

Zurich may obtain information from government offices and third parties to assess a claim in the event of loss or damage.

In most cases, on request, Zurich will give you access to personal information held about you. In some circumstances, Zurich may charge a fee for giving this access, which will vary but will be based on the costs to locate the information and the form of access required.

For further information about Zurich’s Privacy Policy, a list of service providers and business partners that it may disclose your personal information to, a list of countries in which recipients of your information are likely to be located, details of how you can access or correct the Information Zurich holds about you or make a complaint, please refer to the Privacy link on Zurich’s homepage – www.zurich.com.au, contact Zurich by telephone on 132 687 or email Zurich at [email protected].

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MasterCard BusinessCard/PurchasingCard Conditions of Use

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Cardholder Conditions of UseAs a person who has been issued, at the written request of the account holder, a Westpac BusinessCard/PurchasingCard, you are the cardholder. These cardholder Conditions of Use apply to you.

In addition, the account holder is bound by the cardholder Conditions of Use and the account holder Conditions of Use (that are set out above).

As soon as you sign or use your Westpac MasterCard BusinessCard/PurchasingCard you are deemed to have agreed to the Conditions of Use in this document.

Under our Conditions of Use you are required to:

• keep your Personal Identification Number (PIN) secure;

• agree that your card is the property of Westpac;

• sign your card as soon as you receive it; and

• agree that you will only use the card for legitimate business expenses incurred during your employment with the account holder.

Receiving and signing your cardYou must not use your card until you have signed it. You must not send your card overseas or have any other person send your card to you overseas. Please contact us to find out about sending a card overseas or receiving a card while you are overseas.

Ownership of your cardYour card and card number are the property of Westpac. You must not copy or reproduce the card. If Westpac tells you to return or destroy your card then you must do so.

Selecting your PINWhen you are issued with your card, you will need to call into a Westpac branch with your card in order to select a PIN. You must bring with you two other forms of identification (one of which must have your signature on it). If, after three (3) days of the issuance of your card, you do not select a PIN, one will be mailed to you. Your PIN enables you to use your card in electronic funds devices such as EFTPOS terminals and ATMs (if you have been authorised by the account holder to access cash).If you choose to select your PIN, you should choose a number that you will be able to remember easily as you must memorise it. You must not choose unsuitable numbers such as birth dates, months or years, parts of your telephone number, parts of your card number or sequential or easily identified numbers (eg. 2345 or 2222). You must also not use numbers from personal data such as your drivers licence or locker number or other numbers easily connected with you.

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We recommend using different PIN numbers for different cards and equipment (e.g. security alarms, lockers, etc).

Cash advance facilitiesCardholder access to cash advances will only be enabled upon written request from the account holder.

Protecting your card and PINFor your security, your PIN must not be:

• written down, especially not on the card;

• kept in any form with the card;

• disclosed to any other person, including the account holder, family members or bank staff; or

• negligently or recklessly disclosed. You must ensure that no one can see you enter your PIN at EFTPOS terminals and ATMs.

You must exercise every possible care to ensure the safety of your card and to prevent disclosure of your PIN. You must not allow others to use your card, card number or PIN. Always get your card back after using it. Do not leave your card in an unattended wallet, purse or vehicle or anywhere a thief could remove the card without being noticed (particularly in nightclubs, hotels or restaurants). If your card is lost or stolen together with your PIN, it can be used by others to make unauthorised transactions, which may result in a loss to you.

Lost & stolen cards/PINsYou must notify us and the account holder immediately if:

• your card is lost or stolen;

• your PIN becomes known to someone else; or

• a record of your PIN is lost or stolen.

If you are in New Zealand, please:

• call us on 0800 888 111; or

• notify any Westpac branch during business hours.

If you are outside New Zealand, please:

• notify a bank which displays the MasterCard symbol; or

• if you cannot find a bank which displays the MasterCard symbol, notify us by calling +64-9-914 8026.

You will be required to provide information on how the loss occurred.There may be a charge to your account if a replacement card is required.

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Card acceptance & limitationsMasterCard BusinessCard or MasterCard PurchasingCard is accepted by banks and merchants displaying the MasterCard symbol. However, we will not be held liable if any bank or merchant either refuses to accept the card, or will not allow the card to be used to purchase particular types of goods and services available from the bank or merchant.The use of your card may be subject to exchange controls or other government or legal requirements and in these circumstances Westpac may delay, defer, stop, charge back or refuse to process a transaction. See the Anti-money laundering and sanctions section of the account holder Conditions of Use for further information. MasterCard processes, and converts into New Zealand dollars, cash advances, purchases and/or charges made in foreign currencies at the rate(s) of exchange fixed by MasterCard. Transactions made in United States dollars are converted directly into New Zealand dollars. MasterCard converts transactions made in any other foreign currency into United States dollars before converting them into New Zealand dollars.A foreign currency fee will be charged by the bank on any such foreign currency transaction. Details of this fee are available in our Transaction and Service Fee brochure which forms part of these conditions of use.

Transaction restrictionsYou may use cards issued to you at any merchant including by mail, telephone or internet order or at any financial institution or electronic banking terminal, in New Zealand and in most overseas countries, displaying the MasterCard or Cirrus logos up to the approved credit limit for that card.However, the account holder may have the ability to restrict the types of transactions that you may undertake with the card when accessing the account. The restrictions may limit any one or more of the following:• the classes of merchants, financial institutions or electronic banking

terminals that may accept the card;

• the country where the merchant, financial institution or electronic banking terminal is located;

• the number and/or value of transactions you may make in a predefined period (per day, per week, per month);

• the day of the week and/or the time of day that you make transactions; and

• whether you may undertake cash advances with the card.

Other restrictions may be made available at our discretion.The account holder is required to notify you of the type of restrictions applicable to your card.You must not use the card in any circumstances where it has been restricted.

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Card transaction requirementsUse of your card constitutes an irrevocable order to Westpac and you cannot stop payment of a transaction made using your card. There are limited circumstances under which we can reverse a transaction which will be subject to the rules of the relevant credit card company, for example we cannot reverse a transaction where there is a dispute with the merchant about the quality of the goods or services. We will not be responsible for the goods and services supplied by any merchant, and any complaints you or a cardholder have with the merchant must be resolved by you.

You must ensure that you do not exceed the credit limit authorised in writing by us, without our prior written approval. If you fail to comply with this condition then any amount in excess of your credit limit is payable on demand.

If you wish to dispute a transaction on your statement you may do so. Please see the Transaction disputes section, in the account holder conditions of use.

Contactless transactionsIf your card has contactless technology you may use your card to make Contactless transactions in New Zealand and overseas at a Contactless terminal. You will be able to find a Contactless terminal at any merchant or bank that displays your card symbol and the relevant contactless symbol.

You may be required to enter your PIN or sign to use your card for Contactless transactions over certain minimum transaction limits. For New Zealand, the minimum transaction limits can be found at westpac.co.nz. Different limits apply overseas and we have no control over these limits.

Anti-money LlaunderingYou may be asked at any time to provide satisfactory proof of your identity. You agree to provide all information to us which we reasonably require to manage our anti-money laundering, terrorism financing or economic and trade sanctions risk or to comply with any laws or regulations in New Zealand or any other country. In certain circumstances Westpac may delay, defer, stop, charge back or refuse to process a transaction. See the Anti-money laundering and sanctions section of the account holder Conditions of Use for further information.

Terms & conditions set by third partiesIn addition to these Conditions of Uuse, the use of a card in an EFT terminal is subject to the conditions imposed from time to time by other financial institutions who are parties to any EFT system.

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Card cancellationWestpac may cancel your card at any time without prior notice. If you are notified that your card has been cancelled, you are required to return the card to the account holder. You are liable both jointly and severally with the account holder for any transactions you make on the card subsequent to being notified by us that your card has been cancelled.

Variation of Conditions of UeWe reserve the right to vary these Conditions of Use at any time. Notice of any such changes will be given at least 14 days in advance in accordance with the Code of Banking Practice.

Transit accident insurance

This is your Westpac MasterCard BusinessCard/PurchasingCard transit accident insurance policy, provided at no additional cost to you. It applies if prior to the commencement of a trip the entire payment for a cardholder’s trip was charged to a MasterCard BusinessCard/PurchasingCard account and the payment was made on or after 31 March 2014. It covers a cardholder for an injury sustained by the cardholder on their trip.

If you want to make a claim, you are bound by what is set out in this policy. Therefore it is important that you read this policy carefully and keep it in a safe place.

You may also need to keep detailed particulars and proof of any loss including sales receipts and a copy of the relevant MasterCard BusinessCard/PurchasingCard account statement(s) showing the purchase of any trip.

Zurich – The issuer of this insurance coverYou should be aware that the issuer of this insurance cover is Zurich Australian Insurance Limited, ABN 13 000 296 640, AFS Licence No. 232507, of 5 Blue Street, North Sydney, NSW 2060, Australia.

Westpac is not the issuer of the cover and neither it nor any of its related companies guarantee or are liable to pay any of the benefits under this cover.

Westpac does not receive any commission or remuneration in relation to the covers set out in this booklet.

Neither Westpac nor any of its related companies are authorised representatives of Zurich or any of its related companies.

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How can this insurance cover be terminated or changed?Westpac may terminate or change the cover at any time. Westpac will give the account holder written notice of the change or termination.

The existing cover will apply to trips purchased before the date of the change or termination.

SanctionsNotwithstanding any other terms, Zurich shall not be deemed to provide coverage nor will it make any payments or provide any service or benefits to any person or other party to the extent that such cover, payment, service, benefit and/or any business or activity of the person would violate any applicable trade or economic sanctions law or regulation.

Terms and Conditions – Transit accident insurance

When does the cover apply?Transit accident insurance is effective when the purchase in full of a trip is charged to the cardholder’s MasterCard BusinessCard/PurchasingCard account prior to the commencement of the trip. It provides cover for injuries, as outlined under the heading of ‘What is covered?’ below, when sustained as a direct result of an accident whilst on a trip and occurring within 12 months of the accident.

This also includes accidents:

• when boarding or alighting, being when the cardholder physically gets on or off, a conveyance whilst on the trip; and

• whilst travelling as a passenger in a conveyance directly to or from any airport, coach depot, railway station or dock immediately before or after the scheduled trip.

What is covered?The following table sets out the type of injury and the amounts Zurich will pay (Benefit Amount).

If, as a result of one accident, more than one injury is sustained by the cardholder only the greater Benefit Amount will be paid.

Injury Benefit AmountLoss of Life $NZ100,000

Loss of both hands or both feet $NZ100,000

Loss of one hand and one foot $NZ100,000

Loss of the entire sight of both eyes $NZ100,000

Loss of the entire sight of one eye and loss of one hand or one foot $NZ100,000

Loss of one hand or one foot $NZ50,000

Loss of the entire sight of one eye $NZ50,000

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Injury relating to loss of hands and/or feet referred to above means severance through or above the wrist or ankle joint and, in relation to eye(s), means irrecoverable loss of sight.

If the person’s body has not been found within one year of the date of disappearance arising out of an accident that is covered by this insurance, it will be presumed the person died as a result of injury caused by the accident at the time of the disappearance.

What are the cover limits?The most Zurich will pay in claims, under this transit accident insurance, that results from the one accident (e.g. a bus crash) is NZ$350,000 regardless of the number of persons in the accident.

This means that if as a result of one accident a number of cardholders were injured, Zurich would pay each on a proportional basis (using the table amounts) up to a total of NZ$350,000. For example, if four cardholders lost their lives in the same bus crash Zurich calculate the benefits payable as follows:

Zurich takes the total aggregate exposure (NZ$400,000) and divide it by the total benefit amount (NZ$350,000) to determine the percentage (87.5%) to proportionally reduce.

In this example the total benefits for each person works out to be NZ$87,500.

What is not covered?This insurance does not cover any injury caused by or resulting from:

• suicide or self-destruction, or any attempt at suicide or self destruction, whilst sane or insane;

• hijack or war or war–like hostilities;

• any act of terrorism;

• radioactive contamination;

• any indirect losses or consequential liability of any kind, including punitive damages; or

• an intentional or illegal or criminal act of:

− you;

− a person acting on your behalf;

− a cardholder or their designated beneficiary, executor or administrator; or

− a cardholder’s legal heir or personal legal representative; or

− any person acting on behalf of a cardholder.

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ClaimsContacting Zurich

Please do not contact Westpac to make a claim as they are not involved in processing claims.

If you want to make a claim please phone Zurich within 30 days of learning of an accident likely to result in a claim under this insurance on +61 2 9995 2477. Reverse charge calls to this number can be made by phoning Australia Direct®, Telstra’s international reverse charge service via Telstra Clear on 0880 602 878 or Telecom New Zealand on 000 961.

Documentation

Zurich may require you to complete a written loss report which must be returned to it within 30 days after you receive it.

Zurich may also require further documentation or material in support of the claim. This may include (but is not limited to):

• medical reports;

• doctors’ certificates;

• post-mortem examinations (at Zurich’s expense);

• credit card statements;

• itineraries;

• travel receipts;

• police reports; and

• letters/reports from carriers.

Fair Insurance CodeAs a member of the Insurance Council of New Zealand, Zurich subscribes to the Fair Insurance Code. The purpose of the Code is to raise the standard of practice and service in the general insurance industry.

The Code aims to:

• set service standards for insurance companies

• describe the responsibilities that you and your insurance company have to each other

• encourage professionalism in the insurance industry.

Complaints and Dispute Resolution process If you have a complaint about an insurance product issued by Zurich or a service you have received from Zurich, you can call Zurich on +61 2 9995 2477. Reverse charge calls to this number can be made by phoning Australia Direct®, Telstra’s international reverse charge service via Telstra Clear on 0880 602 878 or Telecom New Zealand on 000 961.

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Zurich will acknowledge your complaint within 3 working days and advise you in writing of the outcome or progress of your complaint within 10 working days.

If you are not satisfied with the outcome of the dispute resolution process and would like to take the complaint further, you may refer the matter to the Insurance and Savings Ombudsman (ISO) in New Zealand, an independent and external dispute resolution scheme. The ISO is free of charge to you but can only be accessed after you have gone through Zurich’s internal dispute resolution process.

ISO contact details are:

Insurance and Savings Ombudsman

Freephone: 0800 888 202

Post: Office of the ISOPO Box 10-845 Wellington 6143 NEW ZEALAND

Website: http://www.iombudsman.org.nz/

Email:[email protected]

PrivacyZurich is bound by the Privacy Act 1993 and it respects your privacy. Before providing Zurich with any personal information or sensitive information, you should know the following things:

Zurich will not require personal information until a claim is made. Zurich collects, uses, processes and stores personal information and, in some cases, sensitive information about you in order to comply with its legal obligations, to administer the products or services provided to you, to enhance customer service and to manage a claim. Zurich will, in relevant cases, disclose personal information to Westpac, Zurich’s service providers and business partners in order to allow monitoring of the claims service provided, prevention of fraud and to ensure eligibility for cover.

By providing Zurich with your personal information, you consent to its use of this information which includes Zurich disclosing your personal information including sensitive information such as health information, where relevant for the purposes, to affiliates of the Zurich Insurance Group Ltd, other insurers and reinsurers, Zurich’s service providers, business partners or as required by law.

If you do not agree to provide Zurich with the information, Zurich may not be able to assess your claim or your claim may be delayed.

Zurich may obtain information from government offices and third parties to assess a claim in the event of loss or damage.

In most cases, on request, Zurich will give you access to personal information held about you. In some circumstances, Zurich may charge a fee for giving this access, which will vary but will be based on the costs to locate the information and the form of access required.

MasterCard BusinessCard/MasterCard PurchasingCard Conditions of use

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For further information about Zurich’s Privacy Policy, a list of service providers and business partners that Zurich may disclose your personal information to, a list of countries in which recipients of your information are likely to be located, details of how you can access or correct the Information Zurich holds about you or make a complaint, please refer to the Privacy link on Zurich’s homepage – www.zurich.com.au, contact Zurich by telephone on 132 687 or email Zurich at [email protected].

MasterCard smartdata.gen2Supplementary cardholder Conditions of Use

The following Supplementary Conditions of Use apply where you have been designated by the account holder to use the smartdata.gen2 services ( “Systems”) provided by MasterCard International Incorporated (“MasterCard”). These Supplementary Conditions of Use shall be read in conjunction with the Cardholder Conditions of Use. In the event of any conflict between the Conditions of Use applicable to your card and the Supplementary Conditions of Use set out below, the latter shall prevail.

The SystemIn order to be able to use the Systems you must undertake to comply with these Supplementary Conditions of Use in addition to the Cardholder Conditions of Use, and with the User Guides. You agree that MasterCard, and not Westpac, shall be responsible for the provision of the Systems.Your use of the Systems indicates your agreement to comply with these Supplementary Conditions of Use. You must also agree to comply with any conditions imposed from time to time by MasterCard, in relation to your use of the Systems.

Access to the Systems

You will use the Systems only in accordance with these supplementary terms and conditions and in compliance with the System User Guides.

Ownership of the Systems

You acknowledge that MasterCard owns and retains all right, title and interest in and to the Systems and any related programming language or code, including all copyrights, trade secrets and other intellectual property rights therein. You have no rights in them and you will not attempt to reproduce, copy or adapt them in any way.

Supply and use of information

You agree to comply with these Supplementary Conditions of Use as well as the standard Conditions of Use for your card. You agree that we may use any personal information obtained about you for any purpose associated with the provision of the Systems. We may also disclose

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information to others if we have a duty to disclose such information by law.You authorise us to supply to MasterCard any information that may be reasonably required to enable MasterCard to provide you with the Systems, and agree to provide any additional information required to enable that. MasterCard, and not Westpac, shall be responsible forthe security and use of information supplied by us once it has left our system. You shall have the right to access and correct this information subject to the provisions of the Privacy Act 1993.You may use data obtained through access to the Systems, only in accordance with these Supplementary Conditions of Use and the User Guides.You agree that MasterCard may use data submitted to or derived from the Systems, in order to provide the Systems.You will comply with all laws and regulations relating to use of a system of this kind and data entered into or derived from the Systems.

Security

The account holder is required to issue you with appropriate user identifiers and initial passwords or other forms of authentication (collectively “Authenticators”) for use by you to gain access to the Systems, as set out in the User Guides.You will not disclose your Authenticators, or any other documentation associated with the Systems which has been provided pursuant to the User Guides, to anyone else.You authorise MasterCard to act on any instructions it may receive from you, pursuant to any security protocols established by MasterCard.You acknowledge that data on the Systems is received by MasterCard from third parties and MasterCard has no responsibility for the content or quality of that data prior to MasterCard’s receipt of it.The account holder and you must use all reasonable endeavours to ensure no viruses are introduced to the Systems by the account holder, you or any other cardholder.

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Definitions - Westpac MasterCard BusinessCard/PurchasingCard Conditions of UseUnless the context otherwise requires, the following definitions apply in these MasterCard BusinessCard/PurchasingCard Conditions of Use:

accident – means any sudden and unexpected physical event.account – means the Westpac MasterCard BusinessCard/PurchasingCard account.account holder – means the applicant for the Westpac MasterCard BusinessCard/PurchasingCard account, in whose name the Westpac MasterCard BusinessCard/PurchasingCard account is conducted.act of terrorism – means an act, including but not limited to, actual and/or threatened use of force or violence, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organisation(s) or government(s), which from its nature or context is done for, or in connection with, political, religious, ideological, ethnic, racial, economic or similar purposes or reasons including the intention to influence any government and/or to put the public, or any section of the public, in fear.ATM – means any Automatic Teller Machine approved by us which enables amounts to be debited or credited electronically from or to the Westpac MasterCard BusinessCard/PurchasingCard account.card – means the Westpac MasterCard BusinessCard/PurchasingCard issued to a cardholder.cardholder – means any person to whom we issue, at the written request of the account holder, a Westpac MasterCard BusinessCard/PurchasingCard.Contactless terminal – means an EFT terminal which can be used to make a Contactless transaction.Contactless transaction – means a transaction made by holding a card close to the card reader on a contactless terminal without having to insert or swipe the card.conveyance – means a plane, tourist bus, train or ferry that is licensed or authorised to carry fare-paying passengers.EFT – means Electronic Funds Transfer, which is the process by which funds are withdrawn electronically from your account. A cardholder authorises an Electronic Funds Transfer by using his or her card with the associated PIN or signature at an EFT terminal.EFT terminal – means the device for initiating EFT transactions and includes ATMs and EFTPOS terminals.EFTPOS terminal – means an EFT terminal located at a merchant’s point of sale.injury/injured – means loss of life or bodily hurt, as described in the table under the heading of ‘What is covered?’ below, caused by an accident during the trip where that accident is caused by violent, external and visible means, and injury results independently of any other cause. Injury does not include illness or disease.nominated account – means the Westpac cheque or savings account

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for which you have authorised a direct debit facility for monthly settlement of your MasterCard BusinessCard/PurchasingCard account.NZ$ – means New Zealand dollars.PIN – means the Personal Identification Number issued to a cardholder which, when used in conjunction with a card in an EFT terminal approved by us, enables a cardholder to make EFT transactions.Systems – means the electronic card management system and suite of services known as smartdata.gen2 (or such successor names as MasterCard may institute) provided by MasterCard, that is intended to provide account holders with additional information, in an electronic format, concerning transactions made using cards.trip – means a passage undertaken by the cardholder as a paying passenger on a conveyance overseas (i.e. outside the area enclosed by the territorial waters of New Zealand) provided that, before the passage commenced, the full cost of the passage was charged to the accountholder’s MasterCard BusinessCard/PurchasingCard account.unauthorised transaction – means, in the context of the unauthorised transactions insurance policy, a transaction by a cardholder which has been processed to the MasterCard BusinessCard/ MasterCard PurchasingCard account of the accountholder but was not authorised in any way by the account holder and/or was outside the cardholder’s authority to transact.Users Guides – means the guides issued by MasterCard, which sets out how you may access and use the Systems, including such security protocols as MasterCard shall establish from time to time. All other terms used in the Supplementary Conditions of Use that are defined in the MasterCard BusinessCard/PurchasingCard Conditions of Use shall have the meaning defined in those Conditions of Use.Westpac, we, us or our – means Westpac New Zealand Limited.you or your – means either (a) in the context of the account holder Conditions of Use and the unauthorised transaction insurance policy, the account holder; or (b) in the context of the Cardholder Conditions of Use, the Transit accident insurance policy or the MasterCard smartdata.gen2 Supplementary Cardholder Conditions of Use, the customer.

MasterCard and the MasterCard Brand Mark are registered trade marks of MasterCard International Incorporated.

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Name of CreditorWestpac New Zealand Limited16 Takutai SquarePO Box 934AUCKLAND

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Westpac New Zealand Limited63394WT-4 03-14


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