General Banking Information

• 1. General conditions

  1. Minimum account opening deposit of $350 applies to new TSB Bank Limited ("Bank") customers.
  2. Account specific minimum opening deposits apply. See TSB for details.
  3. If TSB requests a minimum opening balance, that minimum opening balance may have to be maintained in the account until the relevant account is closed. If any such minimum balance is not maintained, TSB may make service charges (as specified from time to time in the relevant Account and Service Fees information (which may be obtained from the Bank or online at www.tsb.co.nz)).
  4. All accounts must be operated on behalf of the named account holder(s), and must not be used on behalf of any other party.
  5. Account(s) must be used for their stated purpose only. By way of example, personal bank account(s) cannot be used for trading or business purposes and business accounts cannot be opened for personal use.
  6. TSB may, at any time, require the Account Holder (and any authorised signatory) to prove their identity and their authority to operate the accounts.
  7. Funds deposited into the account may not be able to be withdrawn until they have been cleared. However, if TSB permits the Account Holder to draw against uncleared funds, TSB is providing credit and will require to be repaid (including interest and charges) if the payments into the account are reversed out. If a transfer of funds (electronic or otherwise and whether in New Zealand or foreign currency) into an account is, at any time, and for any reason, reversed or dishonoured, TSB will debit that account for the amount reversed or dishonoured.
  8. The Account Holder may not transfer, assign, or grant any security interest over any rights in an account except in favour of TSB or with TSB's prior written consent.
  9. Interest will be charged and service charges will be made on accounts that become overdrawn without TSB's prior authorisation. 
  10. TSB may, at any time, without notice apply the whole or any part of any balance that may now or at any time in the future stand to the credit of any account(s) (including Term Investment accounts (whether or not they have reached maturity)) to payment of any balance that may be in debit in any other account(s) held in the name of the Account Holder (or any one of them severally) and to close any such account(s) and whether any book entries shall or shall not have been made, to treat such credit balance as having been applied.
  11. If the Account Holder:
      • holds funds on trust or otherwise for third parties; and
      • opens an account for, or performs any transaction involving, those funds which is not authorised by the terms of the trust or otherwise by the third parties to the fullest extent provided by law:
      • under no circumstances is TSB liable to the Account Holder or any third party for the Account Holder's unauthorised actions; and
      • the Account Holder is to indemnify TSB from and against all liabilities, losses and consequences arising from the Account Holder's unauthorised actions.
  12. TSB may, at its discretion, rely on and act on instructions or requests initiated electronically or by telephone or, in the case of facsimile, bearing the signature(s) appearing to be that of the authorised signatories.
  13. To the fullest extent permitted by law, the Account Holder is to indemnify TSB against all liabilities or losses incurred by TSB resulting from TSB acting or omitting to act in accordance with an instruction which is or purports to have been by or on behalf of the Account Holder, whether by telephone, electronically or by any other method, in relation to the account within the agreed range of services.
  14. The Account Holder will be liable to TSB for any loss resulting from unauthorised access to an account that is caused, or contributed to by the Account Holder (including failing to keep account and account operating information confidential).
  15. TSB will deduct withholding tax in respect of any interest credited to an account or paid out and, if the account is a joint account, the highest withholding tax rate applicable to the Account Holders will be applied. If no IRD number is provided, resident withholding tax will be deducted at the default rate.
  16. The Account Holder shall be liable for all costs or charges of any nature incurred by TSB (including collections and legal fees) as a result of any debt recovery. Any costs or charges incurred will be added to the amount of the original debt.
  17. TSB may at its sole discretion suspend the operation of an account at any time.
      Reasons for suspension include, but are not limited to:
      • disputes about the operation of that account;
      • fraud or other criminal behaviour; and
      • other regulatory requirements, including national and international tax obligations.
  18. Any interest payable on an account will be calculated at the rates and at the intervals prescribed by TSB from time to time and such rates are subject to change, without notice. Details of current interest rates may be obtained from any branch of TSB or TSB's website www.tsb.co.nz.
  19. Interest calculations differ by specific account type, see TSB for details. Some account types calculate interest daily, however in the instance funds are deposited on a non-business day, the interest on the deposit value is calculated from the next business day. This means if you deposit funds on a Saturday, interest on the deposited funds will be calculated from the next business day.
  20. Where interest payable on an account is less than $1, that interest will accrue and be paid once the interest is greater than or equal to $1.
  21. Unless requested otherwise by the Account Holder (or an authorised signatory), statements for accounts (excluding Term Investment accounts) will be made available at least every six months, in printed or electronic form. Please note, regardless of applicable statement frequency, the 60 day transaction review requirement (referred to in the verification clause) will apply.
  22. TSB may make, and debit from an account, the relevant charges (as specified from time to time, in the Bank's Account and Service Fees information (which may be obtained from any branch of the Bank or the Bank's website www.tsb.co.nz)) in respect of any account.
  23. TSB may reverse payments paid into your account, without your consent and with giving notice, if:
      • we have made an error;
      • the person or organisation making the payment has made an error;
      • another bank or financial institution involved in making the payment has made an error, or has dishonoured the payment;
      • we are required to do so by relevant law or legal rules, or the rules of a card scheme or payment system;
      • we reasonably suspect the payment is being used to facilitate fraud, money laundering or other criminal offences;
      • the payment was unauthorised, and we reasonably believe that you are not legally entitled to retain it.
  24. TSB may provide the Account Holder with additional products and services (including Eftpos cards, Digital Banking services, authorised overdrafts and electronic payments). Those additional products and services are provided subject to additional conditions which the Bank may amend from time to time. Where such additional conditions are different to these Account Conditions, those additional conditions take precedence (unless the additional conditions expressly state otherwise). The Account Holder's use of these products and services constitutes the Account Holder's acceptance of the relevant conditions. Copies of the current conditions for the additional Bank products and services are available from any branch of TSB, or the TSB's website www.tsb.co.nz.
  25. The same base number may be used for any further accounts opened by the Account Holder under the same name(s), and the same conditions will apply to such further accounts.  
  26. TSB may, from time to time, offer additional benefits to the Account Holder. If TSB makes any additional benefits available, it will then provide the Account Holder with all appropriate details.
  27. TSB may vary all or any of these account conditions, including fees and charges, at any time. When informing the Account Holder of these variations TSB will:
      • give at least 14 days' notice of such variation, and
      • communicate such variations, either by direct communication or display in all TSB's branches and/or by notice in the media (including public notices). In addition, where conditions are displayed on TSB's website, variations will be noted there.
  28. TSB may close an Account Holder's account or withdraw generally an account or other product or service at any time, and will usually give at least 14 days' notice setting out the relevant details.However, there may be circumstances where TSB may close an account or withdraw an account or other product or service without prior notice, such as if the Account Holder has acted:
      • unlawfully or in breach of these, or any other applicable conditions, or
      • abusively to Bank staff.
  29. TSB can transfer the balance of the Account Holder's account to the Commissioner of Inland Revenue in order to comply with the Unclaimed Money Act 1971. The Unclaimed Money Act requires banks and other organisations to pay any money that hasn?t been claimed by its owner after a set length of time, usually over 6 years (but as long as 25 years for interest-bearing accounts). If TSB transfer money from an account, you?ll be able to apply to the Commissioner of Inland Revenue to have it paid back to you.
  30. TSB must be advised at the point of onboarding, or at any time after, if any account holder or signatory is or becomes an undischarged bankrupt or is liable under any proceedings pursuant to the Insolvency Act 2006.
  31. TSB is not liable for any consequence of the failure of any machine or system, or for any strike or dispute, or any circumstances beyond its control.
  32. It is the Accounts Holder's responsibility to ensure the ongoing accuracy of information provided to TSB.

• 2. Privacy

  1. We understand that your privacy is important to you. It's important to us too. We want to be open with you about the personal information that we collect, hold, use and share to run our business and provide our products and services to you.
  2. Our Privacy Notice available at www.tsb.co.nz/privacy-notice explains how we do this and forms part of these General Banking Terms and Conditions. You can also request a copy of our Privacy Notice from any branch.
  3. By using or accessing any of our products or services or otherwise providing us with your personal information you authorise us to collect, store, use and disclose your personal information in accordance with our Privacy Notice.

• 3. Verification clause

  1. The Account Holder must:
     • check transaction lists once they have been made available online or by printable statement for the account to ensure that the entries recorded in that statement are correct, and
     • notify TSB in writing within 60 days from the date the transaction is made available online or a statement is issued (whichever occurs first).
  2. If the Account Holder fails to so notify TSB, to the fullest extent permitted by law:
     • the Account Holder is deemed to accept that the balance in the account and all transactions recorded in the statement are true, lawful and correct, and
     • TSB has a full defence against any action taken by the Account Holder for any claims of any nature including claims for breach of contract, negligence, wrongful debiting of funds and any other tort, equitable remedy or any other cause of action whatsoever brought against the Bank in respect of the account and any transaction recorded in the statement.

• 4. Payment Authorities

  1. TSB will use reasonable care and skill to give effect to the directions given to it in regards to any authority.
  2. TSB accepts no responsibility or liability for the accuracy of the information relating to the payment authority.
  3. TSB accepts no responsibility or liability arising from late or nonpayment in regards to any authority.
  4. TSB reserves the right to process payments in any order it wishes, and will not become involved in any dispute between you and any third party,
  5. TSB may in its absolute discretion refuse to make any one or more payments pursuant to any authority where there are insufficient funds available in the account. Authorities may be terminated where there are insufficient funds available for three consecutive payments.
  6. Authorities may be terminated or reduced by TSB or the payee without notice in respect of the payments.
  7. Authorities will remain in force and effect in respect of all payments made in good faith notwithstanding the death or bankruptcy of the account holder(s) or any revocation of any authority, until notice of death or bankruptcy or other revocation is received by TSB.

  Direct Debit Authorities 

  8. Payments made under a direct debit authority arise from an underlying contract between the customer (you) and the person (The Initiator) receiving the direct debit payments. The Initiator:

  1. (a) Is required to notify you of the commencement date, frequency and amount at least 10 calendar days (but not more than 2 calendar months) before the first direct debit is drawn. This notice will be provided either in writing, or by email where you have provided prior written consent to the Initiator.
  2. (b) May, upon a change in relationship which results in this direct debit Authority being terminated, give notice to TSB that no further direct debit payments are to be made under this Authority. In the event that TSB receives notice of termination from the Initiator, TSB may terminate this Authority by notice in writing to you.

  9. You may:

  1. (a) At any time, terminate this Authority by giving written notice of termination to TSB and to the Initiator.
  2. (b) Stop payment of any direct debit payment under this Authority by the Initiator, by giving written notice to TSB prior to the direct debit being paid by TSB.

  10. You acknowledge that:

  1. (a) This Authority will remain in effect in relation to all direct debit payments made from your account in good faith notwithstanding your death, bankruptcy or other revocation of this Authority until actual notice of such event is received by TSB.
  2. (b) In any event this Authority is subject to any change in arrangement at any time between you and the Bank in relation to your account.
  3. (c) Any dispute relating to the amount debited to your account shall not be the concern of TSB, except in regard to whether the direct debit has been paid in accordance with this Authority. Any other disputes lie between you and the Initiator.
  4. (d) Where TSB has used reasonable care and skill in acting in accordance with this Authority, TSB accepts no responsibility or liability in respect of
  5. i. the accuracy of information about direct debits on bank statements
  6. ii. any variations between notices given by the Initiator and the amounts of direct debits
  7. (e) TSB is not responsible for, or under any liability in respect of the Initiator?s failure to give written advance notice correctly, nor for the non-receipt or late receipt of notice by you for any reason whatsoever. In any such situation the dispute lies between you and the Initiator.
  8. (f) Notice given by the Initiator in terms of clause 8(a) to the debtor responsible for the payment shall be effective. Any communication necessary because the debtor responsible for payment is a person other than you is a matter between you and the debtor concerned.

  11. TSB may:

  1. (a) In its discretion, determine the order of priority of payment of any monies pursuant to this or any other authority, cheque or draft properly executed by you and given to or drawn on the Bank.
  2. (b) At any time terminate this Authority as to future payments by notice in writing to you.
  3. (c) Charge its current fees for this service from time-to-time.
      

• 5. Cheques

  1. TSB will not accept any cheques, except for bank cheques issued by TSB.
  2. TSB bank cheques are valid for 6 months only from their date of issue.
  3. If you hold a TSB bank cheque and it is more than six months from the date of issue, the cheque is stale and will not be reissued. Customers should contact TSB for funds to be returned to the debited account. Payees can present outstanding TSB bank cheques to TSB. TSB will process stale TSB issued bank cheques provided correct ownership is established and that there are no stops on the bank cheque.
  4. The account holder must contact TSB immediately if a bank cheque is lost or stolen.
  5. TSB may refuse to pay out on a bank cheque that has not been correctly completed.
  6. Funds deposited into an account by cheque can only be used once cleared.
  7. A stopped cheque will be prevented from being presented against your account.

• 6. Joint Accounts/Authorised signatories

  1. Where an account requires one signature for authorisation, any one of the signatories on the account may authorise the undertaking of any transaction or activity regarding the administration of the account, including closing.
  2. Where an account requires more than one signature for authorisation, the specified number of signatories on the account must authorise the undertaking of any transaction or activity regarding the administration of the account, including closing.
  3. In the event of death of one or more of the signatories, the survivor(s) on the account is/are authorised to operate the account and give full discharge to TSB accordingly.
  4. The authority of the authorised signatories shall remain in full force and effect until TSB receives notice from the authorised signatories (or other authorised person) of the cancellation of such authority.
  5. Joint Account Holders are jointly and severally liable in respect of any money owing on an account.

• 7. Operator Accounts

  1. Operator accounts must be operated in the interest of the named account holder.
  2. All operator rights will cease when the account holder reaches the age of 18 years or earlier if the operator(s) voluntarily agree to their removal. Prior to this time operator rights can only be removed with the consent of the operator concerned.
  3. If multiple operators are associated with the account approval from any operator will be sufficient to make changes to the account, including closing the account, with the exception of removing another operator.
  4. All account holders under the age of 7 years, require an operator.

Entity Accounts

• 8. Partnership Only

  1. It is acknowledged that the partners of the Partnership are jointly and severally liable for all matters relating to any Account they hold with TSB and any information supplied to TSB.
  2. It is the Partners' responsibly to ensure the ongoing accuracy of information provided to TSB.

• 9. Company Only

  1. Solvency Having taken into account all of the relevant factors, the directors of the Company certify:
     1. The Company is able to pay its debts as they become due in the normal course of its business.
     2. The value of the Company's assets is greater than the value of its liabilities including contingent liabilities.
     3. The Company is not engaged or about to engage in business for which its financial resources are unreasonable small.
     4. We are not aware of any liquidation proceedings which have been commenced by any person or which are anticipated by the company.
     5. The Directors confirm, that should there be any indebtedness outstanding in the Company name, or, any accommodated person (including by way of example and not by way of limitation), all moneys owing in respect of: overdraft, credit advances, loans or other financial services of any nature whatsoever to TSB Bank, they (the Directors of the Company) will (by way of personal covenant) be liable for any such debt, whether there is no express agreement made between the company and TSB), and interest shall be payable at TSB's current unarranged interested rate, on a daily basis.
     6. It is the Company's responsibly to ensure the ongoing accuracy of information provided to TSB.

• 10. Clubs and Societies Only

  1. It is acknowledged that the members of the Club/Society are jointly and severally liable for all matters relating to any Account they hold with TSB and information supplied to TSB.
  2. It is the signatories' responsibly to ensure the ongoing accuracy of information provided to TSB.

• 1. Premier*

  1. A minimum deposit is required to open a Premier Account. No transaction or account management fees are charged for any calendar month in which the balance in the account is never less than the amount required for the minimum opening deposit. These include no eftpos, or ATM transaction fees. TSB's normal fees relating to cheque accounts will apply.
  2. Interest rates payable on the Premier Account are available on request. Interest at TSB's current rates is calculated on the minimum calendar monthly balance in the account. Interest rates are tiered so that different rates apply to the portion of your monthly minimum calendar balance within each specified band. Interest is paid annually on each March 31st and interest rates can change from month to month without notice.
  3. If the balance of the account falls below the minimum deposit amount for any part of a month, then the standard Account Management fee as per the fees section will be charged for that month and for any subsequent month in which the balance is less than the minimum deposit amount at any time. This fee is deducted from the account at the end of each applicable calendar month (refer to Accounts and Service Fees information).
  4. The Premier Account is not a term investment, so there are no early termination charges. However, because interest is calculated on the minimum calendar monthly balance of the account, opening or closing an account and depositing funds to or withdrawing funds from an account mid-month can result in no interest being paid for that month.

• 2. WebSaver and other Personal On Call accounts*

  1. Statements will be available in electronic form only.
  2. No EFTPOS or ATM transactions, or third party payments are permitted.
  3. Must be opened in conjunction with a TSB Bank everyday account.
  4. WebSaver are online accounts and the account holder must have Online or Mobile Banking to operate.

• 3. Term Investment

  1. An Account Holder may only terminate or partially withdraw the Term Investment deposit before its maturity date with the consent of TSB.
  2. Early closure or partial withdrawal will result in a reduction in interest paid:
     • If a partial withdrawal is made or the investment is closed within the first 30 days of the initial term, no interest or interest recalculation will apply.
     •  Interest recalculation will not apply during the 10 day re-fix period when withdrawing or closing the investment.
     • Early Closure: Closing an investment prior to maturity will mean half the interest will be forfeited from start date to date of closure.
     • Partial Withdrawal: Making a partial withdrawal will mean half the interest earned on the portion that is withdrawn from start date to point of withdrawal will be forfeited. The remaining balance will continue to earn full interest at the current rate.
  3. If TSB has not received instructions from the Account Holderabout what to do with the deposit at maturity, TSB will renew the Term Investment at the then current rate for the specified term.
  4. Account Holders may contact TSB with new maturity investment instructions up to ten days after investment maturity date.

• 4. Funeral Term Investment*

  1. Funds from the Funeral Term Investment can only be paid out to the Funeral Director or authorised person acting on the Account Holders estate.
  2. Any surplus funds will be held alongside any other estate assets.

• 5. Horizon Savings*

  1. Payments may be made to the Horizon Savings account by automatic payment, direct credit, salary deduction or other payment arrangements agreed to by TSB.
  2. Payments may not be made from the Horizon Savings account by automatic payment, direct debit, salary deduction or other payment arrangements agreed to by TSB.
  3. EFTPOS, ATM and TSB Bank branch assisted withdrawals from the Horizon Savings account will incur a fee (refer to Account and Service Fee Information).

• 6. Youth and Freestyle Junior*

  1. Account holders must be under the age of 18.
  2. When the account holder reaches the age of 18, the Youth and/or Freestyle Junior account will be changed to a suitable TSB everyday account.

• 7. Student First package*

  1.  An account holder must meet the following criteria to be eligible for any part of the Student First package:
     1. Studying part or full time (determined by Studylink criteria);
     2. Studying at a New Zealand University, Polytechnic, Industry Training Organisation or NZQA Approved Place of Study;
     3. Must be studying a course longer than 32 weeks in length or 0.25 EFTs as set out by Studylink;
     4. Must be over 18 to apply for the Visa Credit or Overdraft facilities.
  2.  Account holders will be entitled to a Post-Graduate Package for one year once study has been completed during this period:
     1. Your Student First Account will continue to operate under the same terms;
     2. Visa Credit fees will apply;
     3. Overdraft will remain interest free for customers with the package prior to 28 February 2018.
  3. After the Post-Graduate period, all fees and interest relating to your Visa Credit and overdraft will apply to the account and overdraft.
  4. Once an account holder is no longer eligible (including after one year of receiving the Post-Graduate package), the Student First account will be changed to a suitable TSB everyday account.

• 8. Foreign Currency account

  1. A minimum deposit is required to open a Foreign Currency Account, unless wages are being direct credited or an inward payment is expected.
  2. All fees and charges will be debited from the associated TSB New Zealand dollar account.
  3. Overdrafts will be approved at TSB's discretion. If an overdraft is approved, the notification confirming this approval will include details regarding the interest due and any other fees and charges.
  4. Transactions in excess of the account balance will be processed at TSB's discretion. If such payments are processed an honour/ dishonor fee will be charged to the account. If such a payment is processed TSB retains the right to demand any unauthorised overdraft is repaid.
  5. Where the sum is required to be converted into another currency, such conversion shall be effected by TSB at the prevailing rate of exchange (which includes a currency conversion commission) for such currency.
  6. TSB and BNZ are not liable for any exchange rate movements that may affect the value of the on call account.
  7. TSB and BNZ reserve the right to alter interest and exchange rates and charges at any time without prior notice. Details of current interest and exchange rates and charges may be obtained from any branch of TSB or TSB Foreign Exchange.

• 9. Foreign Exchange Services

  1. For full details on TSB's Foreign Exchange Services and related fees, please refer to the Foreign Exchange Commission and Fees brochure available from TSB.

• 10. Business Cheque, Business Everyday and Business On Call

  1. These accounts are available for Business use only. Using any business account offered by TSB for use outside of this may result in closure at TSB's discretion.
  2. TSB reserves the right to decline a business account at any time, including the request of a business account by an existing customer.

• 11. Visa Classic Credit Card

  1. For full details on TSB's Visa Credit card and related fees, please refer to the Visa Classic Credit Information brochure available from TSB.

• 12. Fisher Funds KiwiSaver Scheme

  1. TSB is a distributor of the Fisher Funds KiwiSaver Scheme (for which TSB receives a commission). Full details, including terms and conditions, are available in the Fisher Funds KiwiSaver Scheme Product Disclosure Statement, which is available from TSB or Fisher Funds Management Limited.

• 13. Insurance Products

  1. TSB distributes a range of insurance products from Tower, Cigna and AIA for which TSB receives a commission. For full product details, please refer to the relevant product Policy Wordings available from TSB.
  2. For agribusiness and commercial insurance, TSB can refer a third party, and may receive a commission for the referral.
  3. TSB has insurance products that are no longer distributed for which TSB receives a commission. The underwriters of these products are Cigna, Asteron, Vero, Chubb, NIB and Sovereign (AIA).

• 14. TSB Prize Draw Promotions

  General 

  1. From time to time, TSB may make available prize draw promotions in respect of some or all of its products and services.
  2. Winners must agree to publicity in a manner determined by TSB. Should they not agree to such publicity, their prize will be forfeited
  3. TSB's decision on all matters relating to prize draws shall be final and binding.
  4. For each prize draw promotion, TSB will specify the amount of the cash prize, or the non cash prize.
  5. TSB reserves the right to suspend a prize draw promotion, amend the prize draw promotion conditions (including setting a period for the promotion) or withdraw a prize draw promotion completely at any time.
      

  Monthly Cash and Car Draw

  1. Currently, TSB customers could be in to win the TSB Monthly Car Draw promotion and/or the TSB Monthly Cash Draw promotion.
  2. Entry into the TSB prize draw promotions:
     1. TSB Monthly Car Draw: Each complete $100 in a Connect Plus and Saver Plus account at the time of each draw entitles the account holder to five entries in the TSB Monthly Car Draw, and
     2. TSB Monthly Cash Draw:
        1. Each complete $1,000 in a Premier or WebSaver account at the time of each draw entitles the account holder to one entry in the TSB Monthly Cash Draw, and
        2. TSB may, from time to time, give other users of TSB products and services chances to win in the TSB MonthlyCash Draw. Details of requirements for entry for these other Bank products and services will be advertised when relevant.
  3. The prize draws takes place on the last business day of each month.
  4. Prize draws available for personal customers only. Trusts, Limited Companies and sole traders using a Premier, WebSaver, Connect Plus or Saver Plus account are ineligible for entry into prize draws.
  5. The following are ineligible for entry into prize draws or to receive prizes associated with the prize draws:
     1. Employees and contractors, including real estate agents, of TSB and their spouses and partners.
     2. Employees and contractors of group entities, including TOI Foundation
     3. Directors of TSB and their spouses, partners and children, including children of partners or spouses.
     4. TSB executives and their spouses, partners and children, including children of partners or spouses.
     5. Directors of group entities, including Trustees of TOI Foundation and Directors of Fisher Funds and their spouses, partners and children, including children of partners or spouses.
     6. Monthly Car draw prize cannot be redeemed for cash.
  6. Where the winner of the prize is under 16:
     1. the 'Conditions of Acceptance' must be co-signed by a parent or legal guardian, and
     2. in the case of the Monthly Car draw the winner and the co-signing parent or guardian must agree for the parent/guardian to take legal ownership of the car on behalf of the winner.
  7. TSB will make reasonable endeavours to contact the winner(s) of the prize draws. If the winning account holder(s) cannot be contacted by TSB within 30 days of the prize draw, their prize will be forfeited.

• 1. Digital Banking

  1. These Terms and Conditions set out the basis upon which we provide the use of Digital Banking. It is important that you read and understand these Terms and Conditions before using Digital Banking, as your use of Digital Banking signifies both your acknowledgement of your understanding, and your acceptance of, these Terms and Conditions.
  2. Other terms and conditions may also apply to your use of Digital Banking, including the Website Terms and Conditions. If there is a conflict between these Terms and Conditions and any other TSB terms and conditions, these Terms and Conditions will apply if the conflict relates to your use of Digital Banking.
  3. Even if we do not immediately exercise a right under these Terms and Conditions, we can still exercise that right in the future.
  4. A User must use Digital Banking in the manner described in the Digital Banking Guides and in accordance with these Terms and Conditions.

• 2. What are our responsibilities?

  1. We will take appropriate measures to ensure our Digital Banking systems are secure and are regularly reviewed and updated for this purpose.
  2. We will never ask you in person, by phone or in writing (including by email) to disclose your Digital Banking Security Information.
  3. If you incur a direct loss that is due to a security breach of our Digital Banking systems as a result of our failure to take reasonable care and it is not caused or contributed to by you, we will reimburse you for that loss.
  4. Your computer, mobile phone, tablet, or other device is not part of our system and therefore we cannot control, and are not responsible for, its security. However, we may obtain location information for security purposes.
  5. We do not support all software (browser or operating system) or hardware (i.e. your computer, mobile phone, tablet, or other device). If you are not using supported hardware or software, we cannot guarantee the functionality of Digital Banking.

• 3. What are your responsibilities?

  1. You must tell us immediately if your computer, mobile phone, tablet, or other device used for Digital Banking has been lost or stolen.
  2. You must ensure:
     1. your computer, mobile phone, tablet, or other device has protective software (such as virus scanning, firewall, anti-spyware, and anti-spam software) and an operating system installed;
     2. the protective software and operating system installed on your computer, mobile phone, tablet, or other device is continually updated within a reasonable period of time;
     3. you use only authentic software and hardware (e.g. you will not operate on a device that is 'jailbroken');
     4. any images uploaded through Digital Banking will not be inappropriate, offensive in nature, contain pornography, violence or criminal intent or copyrighted by others. We reserve the right to delete inappropriate images or cancel your service;
     5. you meet any charges from 3rd party suppliers (including, but not limited to, mobile network provider, internet service provider, and accounting software);
     6. if you no longer use a device (i.e. you sell or give it away) that your data is wiped; and
     7. that there is no reproduction of any proprietary information relating to Digital Banking, other than as authorised by us.

• 4. Payments

  1. It is your responsibility to control and monitor your Payments. When making a Payment, you need to ensure that:
     1. the account has cleared funds available to cover the amount being paid/transferred;
     2. the Payment instructions are correct (e.g. bank account and, date of payment);
     3. you have considered bank processing times; and
     4. the Payment instructions have been confirmed.
  2. Payments made today will update your balance and go out of your account as soon as you confirm the Payment and cannot be edited or deleted by you or reversed by us. If you choose a date other than today, the Payment will go out of your account on the chosen date, subject to available funds. These Payments will appear as a pending Payment and can be deleted before the due date.
  3. You agree that we may process Payments in any order.
  4. All Payments will be credited to the account number you have provided as cleared funds and, once made, cannot be cancelled, reversed, stopped, or amended.
  5. We do not check that the information entered in any of the payment fields is correct, or that the account name corresponds with the account number.
  6. If a Payment has been made to an incorrect account number, you may request (within 24 hours) that we assist in recovering that Payment. Payments made to an incorrect account number can only be recovered if the owner of that account approves the reversal. We are not obliged to assist in any Payment recovery, and we make no guarantee that any recovery action will be successful. Any expense incurred by us in attempting to recover such a Payment (whether successful or not) will be deducted from your account. We will not become involved in any dispute between you and any third party.
  7. Payment instructions received from approved third party interfaces will not be processed until fully authorised through Digital Banking.
  8. A User may be required to authenticate Payments using Security Token or SMS authentication.

• 5. Keeping your Digital Banking Security Information safe

  1. A User must:
     1. never disclose their Digital Banking Security Information to anyone (e.g. bank staff, police, family members or companies);
     2. not record their Digital Banking Security Information (such as keeping their Password in writing, recorded as an auto-saved password, or stored on your computer, mobile phone, tablet, or other device);
     3. not create or use a password or PIN that can be easily found out or uses personal information about yourself (e.g. middle names, family names, date of birth, street, or pet names);
     4. create or use a password or PIN that is unique, excludes obvious sequential numbers and is not the same as, or similar to, passwords used for other services they use;
     5. change their password or PIN immediately if anyone else does, or may, know it;
     6. take reasonable care when accessing Digital Banking to ensure that their Digital Banking Security Information is not seen by or disclosed to anyone else;
     7. not open attachments or run software from untrusted or unknown sources;
     8. not respond to any requests for their Digital Banking Security Information;
     9. not leave their computer, mobile phone, tablet, or other device unattended while they are logged on to Digital Banking;
     10. lock their computer, mobile phone, tablet, or other device to stop unauthorised use of Digital Banking;
     11. avoid use of shared computers to use Digital Banking, such as those in internet cafes;
     12. (where an unauthorised person has gained access to Digital Banking), provide us with all reasonable cooperation to enable us to establish how the unauthorised person has gained access and assist us in recovering any losses; and
     13. tell us immediately if their Digital Banking Security Information is, or may be, known by another person, or there has been an unauthorised use of Digital Banking.

• 6. What is your liability?

  1. You will not be liable for any loss resulting from any unauthorised use of Digital Banking unless you have acted fraudulently or negligently, or you have breached these terms by:
     1. failing to reasonably safeguard your computer, mobile phone, tablet, or other device;
     2. selecting an unsuitable password or PIN;
     3. disclosing your Digital Banking Security Information to someone else;
     4. failing to keep your Digital Banking Security Information safe; or
     5. not telling us immediately that your Digital Banking Security Information is or may be known by another person or there has been an unauthorised use of Digital Banking.

• 7. Service availability

  1. We aim to have Digital Banking available at all times. However, there may be times when Digital Banking is unavailable.
  2. We may suspend or cancel your access to Digital Banking at any time without prior notice. We will, however, take reasonable steps to contact you if the service is suspended or cancelled.
  3. You may request that we cancel your access to Digital Banking by notifying us during business hours. You will remain responsible for any transactions made through Digital Banking until the time of cancellation.

• 8. New Zealand Law

  1. New Zealand law applies to these Terms and Conditions. If a New Zealand Court decides that any of the terms are unlawful, we will remove that term. In such circumstances the remaining terms will continue to be enforceable.

• 9. Application of Clauses 10 and 11

  1. Clauses 10 and 11 are applicable only to Digital Banking Users who logon through online.tsb.co.nz

• 10. Authorised Users

  1. You may authorise a User or Users to access and operate one or more of your products and services accessible through Digital Banking, subject to the restrictions applicable to those products and services in Digital Banking. You must obtain our approval to, and set permissions for, this User or Users in Digital Banking.
  2. In order to remove an Authorised User's access, you must revoke their access in Digital Banking and immediately notify us during business hours to remove them as an Authorised User in Digital Banking. You will remain responsible for any transactions made through Digital Banking until an Authorised User's access is removed.
  3. You are liable for all breaches of these Terms and Conditions by Authorised Users who have authority to act on your behalf. It is your responsibility to ensure that these Authorised Users are aware of their obligations and that they comply with these obligations.

• 11. Payment Instructions

  1. Payment instructions requiring multiple Users to authorise the Payment will not be processed until all Users have authorised the Payment.

• 12. Defined Terms

  Account Holder means the person(s) who are the listed owners of the accounts linked to Digital Banking;

  Authorised User means a User who has been authorised by the Account Holder and approved by TSB, to access one or more of the Account Holders products and services accessible through Digital Banking, subject to the restrictions applicable to those products and services in Digital Banking;

  Digital Banking means the digital banking service provided by us under these Terms and Conditions;

  Digital Banking Guides means the various guides setting out an overview of Digital Banking and the manner in which it is to be used;

  Digital Banking Security Information means the security credentials a User uses to access Digital Banking, such as Password, PIN, Username, Security Token Code, SMS Authentication Code and/or email Authentication Code;

  Payee means any recipient of a Payment;

  Payment means any transaction initiated in Digital Banking (including any payment, transfer, or Schedule);

  Password means the unique security 'sign on' password chosen by each Digital Banking User to enable access to Digital Banking;

  Person means an individual or an entity;

  PIN means Personal Identification Number;

  Schedule means a group of Payments set up in Digital Banking to be authorised together;

  Security Token means the device issued to certain Users which displays a coded number (valid for 60 seconds) and may be required to be entered into Digital Banking, before undertaking transactions or accessing Digital Banking;

  Token Holder means a User who has been issued with a Security Token;

  TSB means TSB Bank Limited, a duly incorporated company having its registered office at Level 5, TSB Centre, 120 Devon Street East, New Plymouth;

  User means any TSB customer authorised by TSB to access and use Digital Banking;

  We, us, our are references to TSB;

  Website Terms and Conditions means the terms and conditions relating to the use of the TSB website www.tsb.co.nz/information/website-policy, including any amendments; and

  You and your are references to the Account

• 1. Overview

  1. These Terms and Conditions set out the basis upon which we provide the use of BusinessBank. It is important that you read and understand these Terms and Conditions before using BusinessBank, as your use of BusinessBank signifies both your acknowledgement of your understanding and your acceptance of these Terms and Conditions.
  2. We may change these Terms and Conditions at any time, but will endeavour to provide you with 14 days' notice (by post, email, in our branches, on our website, or by public advertisement) before any change takes effect.
  3. Other terms and conditions may also apply to your use of BusinessBank, including the Website Terms and Conditions. If there is a conflict between these Terms and Conditions and any other TSB terms and conditions, these Terms and Conditions will apply if the conflict relates to your use of BusinessBank.
  4. Even if we do not immediately exercise a right under these Terms and Conditions we can still exercise that right in the future.

• 2. Using BusinessBank

  1. Each Authorised User must use BusinessBank in the manner described in the BusinessBank User Guide and in accordance with these Terms and Conditions.
  2. We will provide training and assistance in the use of BusinessBank if requested. Fees may apply.
  3. Transactions processed using BusinessBank are delivered to the Payee as cleared funds and are not able to be reversed. Future instructions cannot be cancelled or changed once funds have been cleared.
  4. Authorisation by a Token Holder (or multiple Token Holders if the service is set up in that way) is your authority to us to transact in accordance with those instructions. You undertake to have internal processes in place to protect against unauthorised use of Tokens. You agree that we are under no obligation to take any further steps to verify instructions authorised by a valid Security Token(s). You agree that we have your authority to transact in accordance with validly authorised instructions, whether or not the Account Holder has given authority for those instructions. In such cases TSB will not be liable for any losses arising from such transactions.
  5. You will ensure that there is no reproduction of any proprietary information relating to BusinessBank, other than as authorised by us.
  6. You are responsible for all breaches of these Terms and Conditions by Users. It is your responsibility to ensure Users are aware of their obligations and that they comply with these obligations.

• 3. Security

  1. Each User must select a unique Security Password and memorise it. This Security Password must exclude obvious or sequential numbers and must not relate to any known personal information about the Authorised User (including dates or birth, phone numbers, family member names or driver licence details).
  2. Each User must not use their Security Password for any other purpose, store it in any way (whether written down, stored digitally or recorded as an auto-saved password), or disclose it to anyone (including family members or TSB staff).
  3. Each User must take all reasonable steps to prevent disclosure to any other person when entering their User ID or Security Password and must always ensure that computers and devices used for accessing BusinessBank have up-to-date and effective protective software, firewalls and security updates installed.
  4. Each User will be required to change their Security Password at least every 90 days, but may change it at any time.
  5. If a User is provided with a Security Token it is that User's responsibility to keep their User ID, Security Password and Security Token safe.
  6. If a User believes, for any reason, that their User ID or Security Password could be known by another person, that their Security Token has been lost or stolen, or if they discover any unauthorised use of the Nominated Accounts, they must change their Security Password immediately and call us on 0508 692 265.
  7. Should an unauthorised person gain access to BusinessBank, all Users must provide us with all reasonable cooperation to enable us to establish how the Unauthorised Person gained access and assist us in recovering any losses.

• 4. Reimbursement

  1. We will reimburse you for any direct losses you incur which are caused solely by our employees or agents acting fraudulently, or any Unauthorised Transaction where it is clear you or your staff have not contributed to the loss.
  2. Other than in circumstances set out in clause 4.1 above, we will not reimburse you for any losses of any nature, whether they be direct or indirect, where such losses were caused by:
     1. a User's use of BusinessBank;
     2. a User's inability to access BusinessBank;
     3. errors in a User's instructions;
     4. our delay or error in processing instructions or in transmitting information entered into any payment field;
     5. our refusal to process instructions; or
     6. a User's breach of any TSB terms and conditions, including these Terms and Conditions.

• 5. Nominated Accounts

  1. An Authorised Signatory can approve which Customer Number(s) are loaded to BusinessBank. Once a Customer Number is linked to BusinessBank, the Super User can add or remove accounts held under that Customer Number.

  Accounts accessible on BusinessBank are called Nominated Accounts. We may specify which of your accounts can be Nominated Accounts, and who is able to access them.

• 6. Access

  1. In relation to BusinessBank there are three different parties:
     1. Authorised Signatory - An Authorised Signatory is appointed by the Account Holder and is authorised to:
        1. operate the Nominated Accounts;
        2. add or remove Nominated Accounts;
        3. authorise the issuing of Security Tokens;
        4. give instructions to us in respect of BusinessBank; and
        5. appoint and remove the Super-User. An Authorised Signatory may also be a Super-User or a User for BusinessBank.
     2. Super User (aka Designated Administrator) - A Super User is appointed by the Account Holder to have primary responsibility for the management of the BusinessBank Service. A Super User is issued with a User ID to access BusinessBank, and is authorised to:
        1. add or delete Users;
        2. add, modify or delete sub-accounts; and
        3. authorise the level of access for each User. A Super User may, as part of this Application, be issued with a Security Token authorised by an Authorised Signatory, which would enable the Super User to also authorise transactions.
     3. User - A User is appointed by the Super User and is issued with a User ID to access BusinessBank. A User is authorised to access and use certain assigned BusinessBank functions, as determined by the Super User. A User may also be issued with a Security Token if this is authorised by the Authorised Signatory.
  2. Any User issued with a Security Token will have the ability to authorise any transaction in BusinessBank, subject to any restrictions such as multi-Token authorisation. You undertake to have internal processes in place to protect against unauthorised use of Tokens.
  3. Applications to us for Security Tokens require the written authority of an Authorised Signatory. An Authorised Signatory must advise us when a new User requires a Security Token. If a Token Holder leaves the Super User must delete their User ID and notify us.
  4. When contacting TSB, individuals will have the right to access information and services in accordance with their level of access they have been given in BusinessBank. TSB will take reasonable steps to ensure that that rule is adhered to. TSB takes no responsibility for loss resulting from any accidental breaches where we have acted in good faith.

• 7. Payments

  1. It is your responsibility to ensure sufficient cleared funds are in your account to enable all Payments to be processed (including funds to cover any applicable fees). We will not process Payments if there are insufficient cleared funds available or if we are otherwise prevented from doing so.
  2. You agree that we may process Payments in any order.
  3. All Payments will be credited to the account number you have provided as cleared funds, and once made cannot be cancelled, reversed, stopped or amended.
  4. We do not check that the information entered into any of the payment fields is correct, or that the account name corresponds with the account number.
  5. You will not be able to access funds from cheque deposits until such cheques are cleared.
  6. If a Payment has been made to an incorrect account number you may request (within 24 hours) that we assist in recovering that Payment. Payments made to an incorrect account number can only be recovered if the owner of that account approves the reversal. We are not obliged to assist in any Payment recovery and we make no guarantee that any recovery action will be successful. Any expense incurred by us in attempting to recover such a Payment (whether successful or not) will be deducted from your account. We will not become involved in any dispute between you and any third party.
  7. Payment instructions received from approved third party interfaces will not be processed until fully authorised through BusinessBank.
  8. If a Payee requests details of your recorded address, you authorise us to provide such information to that Payee.

• 8. Initiating of Direct Debits

  1. You may apply to become a Direct Debit Initiator which will allow approved Users to generate electronic direct debits to customer accounts for the purposes of obtaining payment for goods.

• 9. Fees

  1. Certain transactions or changes on BusinessBank will incur fees. We may also charge you an establishment fee and a monthly access fee.
  2. You authorise us to debit our fees directly from your Nominated Account, along with any Government taxes and other applicable charges, even if this overdraws your account.
  3. We may vary our fees from time to time with 14 days' notice. Details of our current fees are available at www.tsb.co.nz.

• 10. Service Availability

  1. We aim to have BusinessBank available at all times. However, there may be times when BusinessBank is unavailable. In addition access restrictions limiting the access times may be applied by the SuperUser at any time.
  2. We may suspend or cancel your access to BusinessBank at any time without prior notice. We will, however, take reasonable steps to contact you if the service is suspended or cancelled.
  3. You may request that we cancel your access to BusinessBank at any time by providing us with 14 days' notice in writing. You will remain responsible for any transactions made through BusinessBank until the time of cancellation.

• 11. Bank Statements

  1. You agree to check all bank statements provided by us and to notify us of any errors within 60 days of the date of each bank statement.
  2. If we do not receive notice from you within 60 days of the date of each bank statement, we will take that as your acceptance that both the account balance and any transactions recorded in TSB statement is correct.

• 12. Account Holder Indemnity

  1. You agree to indemnify us for all losses suffered by us, our customers or third parties, and for any actions or claims brought against us by customers or third parties, which result from any breach of these Terms and Conditions.

• 13. New Zealand Law

  1. New Zealand law applies to these Terms and Conditions. If a New Zealand Court decides that any of the terms are unlawful, we will remove that term. In such circumstances the remaining terms will continue to be enforceable.

• 14. Defined Terms

  Account Holder	means the person(s) who are the listed owners of the accounts linked to the BusinessBank service;
  Authorised Signatory	means the person described in clause 6.1(a);
  BusinessBank	means the service provided by TSB Bank under these Terms and Conditions;
  BusinessBank User Guide	means the document provided by TSB Bank (and any amendments) setting out the details of BusinessBank and the manner in which it must be used;
  Super-User (aka Designated Administrator)	means the person described in clause 6.1(b);
  Customer Number	means a unique customer identity number in the TSB Bank system. An entity may have a number of Customer Numbers associated with it;
  Direct Debit Initiator	means an Account Holder who has applied for, and has been granted, authority to generate electronic direct debits to customers' accounts;
  Nominated Account	means an account accessible by a User through BusinessBank;
  Payee	means any recipient of a Payment;
  Payment	means any transaction initiated in BusinessBank, including any payment, transfer or Schedule;
  Schedule	means a group of Payments set up in BusinessBank to be authorised together;
  Security Password	means the unique security 'sign on' password chosen by each Authorised User to enable access to BusinessBank;
  Security Token	means the device issued to certain Users which displays a coded number (valid for 60 seconds) and is required to be entered into BusinessBank, in addition to that User's Security Password, before undertaking certain transactions;
  Token Holder	means a User who has been issued with a Security Token;
  TSB Bank	means TSB Bank Limited, a duly incorporated company having its registered office at Level 5, TSB Centre, 120 Devon Street East, New Plymouth;
  Unauthorised Transaction	means any transaction that was not properly authorised by a valid Security Token(s); or fraudulent activity carried out in contravention of your internal processes around the use of Security Tokens;
  User ID	means the unique identifier issued to each Authorised User to be used in conjunction with their Security Password to gain access to BusinessBank;
  User	means any person authorised by the Super User to access BusinessBank, and may include the Account Holder. A User is identified through a User ID;
  We, us, our	are references to TSB Bank;
  Website Terms and Conditions	means the terms and conditions relating to the use of the TSB Bank website www.tsbbank.co.nz/Info/ TermsAndConditions.aspx, including any amendments;
  You and your	are references to the Account Holder.

• 1. Using your Eftpos card

  1. When you receive your card, it must be signed immediately and must only be used by the cardholder. The cardholder is defined as the person named against the card number within the TSB data system.
  2. Do not give your card/s to anyone, let anyone else use your card/s, or disclose your PIN (including to Police, Bank staff, internet request or your family). Even during an investigation by Bank staff or Police, your PIN is not required.
  3. Make sure no-one can see you enter your PIN at ATMs or when using EFTPOS.
  4. Take care of your card/s. Do not leave your card/s in an unattended wallet, purse, vehicle or anywhere a thief could remove a card without being noticed (particularly in night clubs, hotels or restaurants).
  5. When using your card, never let it out of your sight, and always remember to take your card back after using it.
  6. Tell us if you change your address, so replacement card/s are sent to the correct place.
  7. Report loss or theft of your card/s as soon as you are aware of it.

• 2. Looking after your PIN

  1. You have just selected (or changed) your TSB Cashflow card Personal Identification Number (PIN).
  2. This PIN is the means by which your card can be used to make cash transactions, so you should ensure that the PIN number is memorised and ONLY known to yourself. The PIN must not be written on the card, or anywhere else, or knowingly disclosed to any other person.
  3. Your PIN must be a random number which will not be guessed by anyone else. Birth dates, telephone numbers and other personal information should be avoided.
     Examples of numbers easily guessed:
     • Birthday (eg. 2803) or year of birth (eg. 1978)
     • Sequential or combination numbers (eg. 1234, 1111)
     • Spouse or child birthday, anniversary, etc
     • One of the sets of numbers embossed on the card
     • Parts of telephone/cellphone number
     • Your age, twice (eg. 3838)
     • Drivers licence number or expiry date
     • Locker or alarm code
  4. In all cases, where the advice listed is disregarded, TSB will accept no liability for any losses incurred as a result of fraudulent activity involving your Cashflow card.
  5. The card remains the property of TSB, which may retain the card at any time or amend or cancel its use. If the cardholder closes their account(s) with TSB, the card must be returned to TSB.

• 3. Using ATMs

  1. The card may be used at ATMs to make cash withdrawals from, and at certain ATMs to make deposits into the cardholder's nominated accounts. Other types of transaction may from time to time become available through terminals and in all cases the use of the card and PIN shall be sufficient authority for TSB to process the transaction against the account(s) nominated by the cardholder.
  2. The hours of use of these machines may be varied from time to time.
  3. The ATMs and EFTPOS systems may not be available from time to time due to malfunction, for which the cardholder will not hold TSB responsible.

• 4. Using Eftpos in Australia

  1. It's easy to access cash in Australia using your TSB Eftpos card at any Commonwealth Bank ATM. Use any Australian Commonwealth Bank ATM as you would a TSB ATM, simply enter your card and PIN as usual. Deposits through Commonwealth Bank and other overseas ATMs are not accepted.
  2. Your balance will be displayed in New Zealand and Australian dollars, taking the guesswork out of conversion.
  3. Your receipt will show your remaining account balance in both currencies. With over 3,300 Commonwealth Bank ATMs in Australia, you won't be caught short.
  4. Eftpos cards issued before 1 January 2006 (with a card number earlier than 5000 5300 0748 0085) will need to be replaced before using them in Australia. Cards will be reissued at no cost, simply contact TSB to arrange a replacement.
  5. Maximum withdrawal limits apply. The prevailing business day sell exchange rate at the time will apply. A service fee of NZ$5 will apply, paid at the time of withdrawal.

• 5. Using EFTPOS

  1. The card may also be used at EFTPOS (Electronic Funds Transfer at Point of Sale) terminals where the cardholder may use the card to pay for goods and services. The funds are transferred electronically from the cardholder's account to the merchant's account.
  2. At the merchant's discretion, cash withdrawals may also be made through EFTPOS terminals.
  3. The hours of use of EFTPOS are set by the merchant. Any dispute that the cardholder may have with the merchant in respect of either acceptance of the card, or the goods or services purchased must be resolved with the merchant.

• 6. Withdrawals

  1. Cash withdrawals and purchases may be made from cleared funds in the cardholder's nominated account up to the daily transaction limit.
  2. Withdrawals may be limited to multiples of a certain denomination.

• 7. Daily transaction limits

  1. Cash withdrawals may be made through ATMs and cash dispensers to a daily maximum of $1,000.
  2. Cash deposits may be made through certain ATMs to a daily maximum of $5,000, made up of no more than four deposit transactions per customer, per day.
  3. In addition, purchases or cash through an EFTPOS terminal are restricted to a maximum of $3,000 per day. Therefore maximum withdrawal from EFTPOS and ATM is limited to $4,000 per day.
  4. These limits may be varied from time to time, and may also be altered temporarily at any time due to any technical malfunction.

• 8. Service

  1. TSB will endeavour to provide the above services at all times. However, it may not be able to make the service available from time to time for reasons beyond its control.

• 9. Cardholder's liability

  1. If the card is lost or stolen or the cardholder believes the PIN has been disclosed, TSB must be advised immediately.
  2. 24 hour numbers are listed on the reverse of this brochure and are known to EFTPOS retailers.
  3. Loss or disclosure must be confirmed in writing to TSB within seven days.
  4. The cardholder will not be responsible for any further unauthorised use of the card once notification of a lost/stolen card or disclosed PIN has been given. This protection will not apply if the cardholder has acted fraudulently or negligently. The cardholder will only be responsible for any actual loss to a maximum of $50 if this occurs before notification. HOWEVER this $50 limit on liability DOES NOT APPLY if:
     1. The cardholder has acted fraudulently or negligently;
     2. The cardholder has breached the TSB's Terms and Conditions; or
     3. The cardholder has contributed to the unauthorised use of the card, including (but not limited to):
        • selecting unsuitable PINs;
        • failing to reasonably safeguard card/s;
        • keeping written records of the PIN on or with the card;
        • parting with the card/s and/or disclosing PINs to any other person;
        • unreasonably delaying notification to TSB of a lost/stolen card, or of PIN disclosure (actual or possible);
        • failing to take all reasonable steps to prevent disclosure to any person when keying in the PIN.
          The cardholder will then BE LIABLE FOR the lesser of:
        • (i) the actual loss at the time of notification; and
        • (ii) the maximum amount the cardholder would have been able to withdraw from the account between the time the card was lost/stolen and the time the cardholder notified TSB. This is calculated in accordance with the daily transaction limit or the total credit available from the cardholder's account.

• 10. Disputed transactions

  1. Cardholders should check all entries on bank statements. If the cardholder notices there has been a mistake, funds have been lost or there is an error in a transaction, they should immediately contact their local TSB and provide the following information:
     1. Name
     2. Card number
     3. Account number(s)
     4. Date and time of transaction if possible
     5. The approximate amount of the loss or disputed transaction and such other information as may reasonably be required.
  2. TSB will investigate the complaint and report back to the cardholder within 21 days. If more time is required the cardholder will be advised.
  3. Where it is established an error did occur, TSB will promptly correct the error and adjust any fees or charges that may have occurred as a result.
  4. TSB will assist the cardholder if the cardholder encounters any difficulties with another participating bank's ATM and cannot resolve these difficulties with the participating bank that owns the ATM.
  5. If, after having been notified by TSB, the cardholder is not satisfied with the results of the investigation, the cardholder may request the matter be reviewed under the Complaints Procedures of TSB.
  6. Brochures relating to the Complaints Procedures are on display in all branches of TSB or on TSB's website www.tsb.co.nz.

• 11. Fees and charges

  1. Presently, no fees are associated with TSB Eftpos card transactions on personal accounts, with the exception of Peak Savings, Horizon and some Revolving Credit accounts (refer to a current Account and Service fees brochure or TSB's website; www.tsb.co.nz)
  2. A card replacement fee will apply.

• 12. Additional cards

  1. If TSB agrees, additional cards may be issued to a person nominated by the account holder. Any additional cards are deemed to be the account holder's responsibility and TSB is entitled to debit the account holder's account on use of the card.
  2. The account holder will be liable for all transactions made by the additional card.

• 13. Replacement

  1. Lost, stolen or damaged cards will be replaced at the cardholder's request and upon payment of any fees applicable at the time.

• 14. Amendments of Terms and Conditions

  1. These Terms and Conditions may be altered at any time. 30 days notice will be given, however if an alteration must be made urgently in order to protect customers' accounts, or TSB's systems, the 30 days notice need not be given.

• 15. Termination of agreement

  1. This agreement may be terminated by the cardholder returning the card to TSB. It may also be terminated by TSB cancelling and retaining the card, or refusing to replace the card.
  2. The cardholder remains responsible for any transactions made up until the time of termination

• 16. Accidental erasure of your Eftpos card

  1. Most problems with card usage are caused by "accidental erasure", or by retailer terminals not reading the magnetic strip properly. This can be due to both operator error (swiping the card too fast or too slowly) and worn or dirty read heads.
  2. Accidental erasure is caused by exposure of the card to a magnetic field and need only be for a brief moment.
  3. Cards damaged by accidental erasure will be replaced at the cardholder's request and upon payment of any fees applicable at the time.
  4. Cards are not affected by X-ray machines or metal detectors at airports, and cannot be wiped by an EFTPOS card reader.

• 1. Acceptance of Conditions of Use

  1. By using your Debit Card, you agree that these Conditions of Use are binding on:
     1. You as the holder of the Debit Card; and
     2. Any person whom the account is held in joint name(s) with.

• 2. Interpretation

  1. In these Conditions of Use, unless inconsistent with the context:
     1. The singular includes the plural and vice versa;
     2. Statues and Regulations - a reference to a Statute shall include references to Regulations made pursuant to such Statute and all Statutes or Regulations passed in substitution for such Statutes or Regulations;
     3. Headings - clause and other headings are for ease of reference only and do not form part of a clause or affect the interpretation;
     4. Gender - words importing one gender shall include all genders;
     5. 'person' includes an individual, a company or other body corporate, a trust and a partnership.

• 3. Definitions

  1. Accounts means your nominated TSB accounts which can be accessed with your Card and Account means any one of them.
  2. ATM means an Automatic Teller Machine within TSB's approved network within New Zealand, and internationally.
  3. Bank means TSB Bank Limited, TSB Centre, 120 Devon Street East, New Plymouth an associate member of Visa.
  4. Cardholder means the holder of a Debit Card on an Account.
  5. Card Transaction means any transaction on the Account initiated with a Debit Card including (but not limited to), any of the following transactions:
     1. Recurring payments or a series of payments;
     2. Cash Withdrawals and Cash Deposits (including ATM transfers);
     3. Mail Orders, telephone orders or Internet orders or payments;
     4. EFTPOS Transactions;
     5. Electronic commerce transactions.
  6. Debit Card or Card means any form factor that can initiate a transaction, which may include, but is not limited to, an actual card, key fob, a device/application to enable a mobile phone, and is issued by TSB under the product Visa Debit, valid for use on your Account(s) prior to the date of expiry.
  7. EFTPOS Transaction means an Electronic Funds Transfer at Point of Sale transaction by which a Merchant is paid by the electronic transfer of funds at the time of purchase.
  8. EFTPOS Terminal means the electronic device connected to an electronic banking system which permits you to use your Debit Card for a Card Transaction through an EFTPOS Transaction.
  9. Merchant means a person who accepts domestic EFTPOS and/or has signed and remains bound by a Visa Card Merchant Agreement.
  10. Overseas Card Transaction means a Card Transaction (other than Cash Deposits) made in a currency other than New Zealand dollars or made with a Merchant in a country other than New Zealand or the Cook Islands.
  11. PIN means the Personal Identification Number which you may have selected for your Debit card which allows you access to Card Transactions through an ATM or EFTPOS terminal.
  12. Visa means Visa International Service Association.
  13. Visa Card Merchant Agreement means an agreement entered into by a Merchant with Visa governing Visa Card Transactions involving the Merchant.

• 4. Protection of your debit card

  1. You must sign your Debit Card as soon as you receive it from TSB.
  2. You must not allow any other person to use your Debit Card. You must take all reasonable steps to protect your Debit Card from theft or fraudulent use.
  3. Where possible, you should retain the Debit Card in your possession when performing a transaction, i.e., insert, swipe or wave the Card yourself.
  4. Your Debit Card belongs to TSB. At the request of TSB, you must give your Debit Card back to TSB.
  5. You must keep TSB advised of any change in your address so long as your Accounts remain open with TSB.

• 5. Your Account(s)

  1. You will need to nominate the Account(s) that you would like access to with your Card. Access is limited to a maximum of three Accounts. Access is not available on some account types, accounts with 2 to sign, or to Agents/Operators of Accounts and in any other circumstances and is entirely at the discretion of TSB.
  2. A default account must be nominated. All Transactions where account selection is not available will be debited to your default account, for example, online, mail order, telephone, most Overseas Transactions and Contactless Transactions.
  3. The default account can not be changed while there are pending transactions i.e. Transactions authorised, but not yet charged to your default account.

• 6. Use of your Debit card - New Zealand & Overseas

  1. You may use your Debit Card at any ATM or EFTPOS Merchant throughout New Zealand, and overseas with any Merchant, ATM (except for deposits) or bank displaying the Visa card symbol.
  2. As long as you comply with these Conditions of Use, there are no restrictions on your access to the available balance on your Account(s) for Card Transactions. There are however minimum and maximum daily limits which apply to cash withdrawals and maximum daily limits which apply to ATM deposits using your Debit Card.
  3. We may refuse to accept a transaction if:
     1. you have exceeded a limit we have applied to your Card (such as a daily limit on cash withdrawals, ATM deposits and purchases);
     2. it seems unusual compared with the way you normally use your Card and we suspect misuse (it is therefore important to advise us when travelling overseas and provide your itinerary as well as contact phone numbers if available);
     3. we reasonably consider it necessary to protect the security of your Account(s);
     4. we reasonably believe that someone else may have rights over money in your Account(s); or
     5. any other reason set out in these Conditions of Use.
  4. If your Card gives you access to an Account with a credit facility (for an example a revolving credit facility) or an account with a significant balance, failure to look after your Card and PIN could result in a subs

• 7. Overseas Card Transactions

  1. You may use your Debit Card for Overseas Card Transactions. Each of those Card Transactions:
     1. will either first be converted from the currency in which the Card Transaction was made into US Dollars and then into New Zealand Dollars or converted directly from the currency in which the Card Transaction was made into New Zealand Dollars; and
     2. will be converted at the exchange rate selected by Visa from a range of wholesale exchange rates in effect one day prior to the date on which Visa processes the Card Transaction (which processing may occur later than the actual date of the Card Transaction); and
     3. will incur an Overseas Service Fee (as set out in the Visa Debit Fees Information).
  2. The exercise of using your Debit Card for Overseas Card Transactions:
     1. may be subject to exchange controls or other government requirements;
     2. may result in your purchases being subject to customs duties and/or taxes;
     3. may result in charges being made by third parties (for example, if you use an overseas ATM machine or Bank branch to obtain a cash withdrawal). Such charges are your responsibility and may be added to the Card Transaction amount and so be part of the amount converted in accordance with clause 7.1.
  3. You may be offered the opportunity to choose to pay for goods or services at a Merchant in a country other than New Zealand, in New Zealand dollars, or in the Merchant's local currency, at the time of purchase. This is called Dynamic Currency Conversion and can be applied only by agreement between you and the Merchant. The rate of conversion is applied at the time the purchase is made and is determined by the Merchant and the Merchant's bank. We have no control over the conversion rate used or margins applied.

• 8. Cash Withdrawals, ATM deposits and daily limits

  1. You may use your Debit Card to obtain Cash Withdrawals.
  2. You may use your Debit Card to deposit cash through certain New Zealand ATMs.
  3. There are however daily limits:
     1. for Cash Withdrawals, a maximum amount as specified in the Visa Debit Fees Information;
     2. for Cash Deposits via a NZ ATM, a maximum limit as specified in the Visa Debit Fees Information
     3. you may use your Debit Card with your PIN overseas at ATMs displaying the Visa logo to obtain local currency within the limits and at the discretion of TSB or institution operating the ATM.
     4. for Purchases, a maximum amount as specified in the Visa Debit Fees Information. We may at our discretion, and by giving you 14 days notice amend the maximum amount you may withdraw from any or all of your Accounts during any specified period.
  4. You may be charged a Cash Withdrawal fee for Cash Withdrawals (as set out in the Visa Debit Fees Information).
  5. If you use your Card to make withdrawals from an overseas ATM, displaying the Visa logo, different Cash Withdrawal limits may apply and they may charge you a fee. TSB has no control over a fee or the amount being charged.
  6. Deposits through an overseas ATM are not accepted
  7. TSB accepts no liability or responsibility if you are unable to access ATMs in New Zealand or overseas or if you are unable to withdraw and/or deposit funds.
  8. Overseas Cash Withdrawals will be converted to New Zealand Dollars in accordance with clause 7.

• 9. Contactless Transactions

  1. You may choose to use your Card to make Contactless Transactions in New Zealand and overseas with any Merchant or Bank displaying the Visa symbol and the paywave symbol. You can still insert or swipe your card if you prefer.
  2. In New Zealand Contactless transactions of NZ$80.00 or less may be completed without entering a PIN. A receipt will not be automatically provided, but one may be requested. Contactless Transactions in New Zealand of over NZ$80.00 will require a PIN or signature in the usual way. If you use your Card to make Contactless Transactions overseas, different limits may apply. We have no control over these limits. You will be prompted with instructions by the Contactless terminal as you proceed with a transaction.

• 10. Pre-authorisation of Transactions

  1. A Bank or Merchant may obtain an authorisation to complete a Transaction. The purpose of an authorisation is to establish that there are no restrictions on the Card and there are sufficient funds in the Account for the Transaction.
  2. If the actual value of a Transaction is not known (e.g. petrol at pump, hotel/motel accommodation) a Bank or a Merchant may obtain an authorisation for an estimated value of the Transaction. Once authorisation is obtained, the available funds in your Account will be reduced by that authorised amount. This authorised amount will remain on your Account until a Transaction that matches the authorisation is processed, or if no matching Transaction is processed, for up to three days. This means that in some circumstances your available funds will be reduced by the amount of both the authorised estimated amount and the actual Transaction amount for a period of time. Where this overdraws your Account, normal overdraft charges will apply

• 11. Use of a PIN

  1. You will be required to have a PIN on your Debit Card.
  2. The PIN must be a random number which will not be easily guessed by anyone else. Examples of numbers easily guessed:
     • birthday (eg. 2803) or year of birth (eg. 1978)
     • sequential or combination numbers (eg. 1234, 1111)
     • spouse or child birthday, anniversary, etc
     • one of the sets of numbers embossed on the card
     • parts of telephone/cellphone number
     • your age, twice (eg. 3838)
     • drivers licence number or expiry date
     • locker or alarm code
  3. You must safeguard your PIN. For example:
     1. do not write down your PIN;
     2. do not disclose your PIN to anyone including the Police, Bank staff, over the internet, Merchants or your family;
     3. take care to ensure no-one can see you enter your PIN at ATMs or when using EFTPOS;
     4. report the disclosure or possible disclosure of your PIN as soon as you are aware or suspect your PIN has been disclosed; and
     5. consider using a different PIN for different cards or equipment.

• 12. Lost or stolen Debit Cards

  1. If you lose or mislay your Debit Card, or if it is stolen, or if you know that your Debit Card is in the possession of another person or Merchant, or you believe that another person has used your Debit Card or gained knowledge of your PIN, you must:
     1. If you are in New Zealand - immediately notify TSB and give all relevant information by phoning and advising TSB on 0800 406 406;
     2. If you are overseas - immediately notify TSB's Visa Centre in New Zealand by telephoning New Zealand 0064 6 968 3700 collect through an operator. If you are unable to contact TSB's Visa Centre, you must notify the nearest office of Visa International and give all the relevant information. Contact details for Visa offices can be found at www.visa.com.
  2. Upon receipt of advice of loss of your Debit Card or disclosure of the PIN, TSB may pass on all relevant information to the Police, Visa or Merchants. If TSB requests that you lodge a formal complaint with the Police and you choose not to do so, TSB may decline any liability of any loss you may suffer.
  3. At your request, and on payment of the Card replacement fee charged (refer to the Visa Debit Fees Information) at that time, TSB will replace any lost, stolen or damaged Debit Card. Replacement cards sent overseas will incur a courier charge which will be debited against your default account.
  4. These Conditions of Use will apply to your use of any replacement Debit Card as if it were your original Debit Card.

• 13. Disputes with Merchants

  1. TSB has no liability to you for:
     1. any refusal by a Merchant to accept your Debit Card; or
     2. any defect or deficiency in the provision of goods or services acquired through the use of your Debit Card.
  2. Any such claim or dispute with a transaction will not relieve you of its liability, and must be resolved by you direct with the Merchant. You should, therefore exercise care and be aware of the risks of using your Debit Card to pay for goods or services in advance of receiving them. You should consider the standing of the Merchant you are doing business with.

• 14. Unauthorised/disputed transactions

  1. You are responsible for checking your transactions either on Internet Banking, paper statements or any other method provided by TSB. If you receive paper statements and the statement frequency is greater than monthly, you run the risk of being unable to dispute a transaction if it has past the Visa operating rules timeframe.
  2. Transactions performed at domestic EFTPOS where the "cheque" or "savings" options are used or at domestic ATM's are not able to be disputed.
  3. For transactions performed in other ways than described in 14.2, if you consider that:
     1. Details of a Card Transaction have been incorrectly recorded to your Account; or
     2. A charge has been made to your Account which is not valid or an authorised charge on your Account; YOU MUST notify TSB in writing within 60 days of the transaction, giving full particulars of the alleged error. Failure to do so within the time limit will mean TSB cannot reverse the Card Transaction.
  4. There are limited circumstances under which TSB can reverse a Card Transaction which will be subject to the rules of Visa. For example, TSBcannot reverse a Card Transaction where there is a dispute with the Merchant as to the quality of goods or services or if you have changed your mind about the goods or services. Within 30 days of receiving your notice disputing a Card Transaction, TSB will acknowledge that it has received your notice and it will report back to you with the result of its investigation into the disputed Card Transaction as soon as practical. If TSB agrees with you that an error has occurred, TSB will correct your Account and reimburse any fees or charges levied as a result. If you are not satisfied with TSB's findings, you may request the matter be reviewed under TSB's Complaints Procedures. Brochures relating to the Complaints Procedures are on display in all branches of TSB or on TSB's website www.tsb.co.nz.
  5. While a transaction is in dispute and is being investigated, the value of the disputed transaction will remain debited against your account, until the dispute is resolved.

• 15. Liability for Card Transactions, fees and costs

  1. You are responsible for all transactions made with your Debit Card, even if the account(s) is/are closed and/or your Card is cancelled, whether by us or you. You must also pay:
     1. any fees and costs arising from the issue or use of your Debit Card or any replacement Debit Card;
     2. any Stamp Duty or other statutory duty, levy or charge incurred in relation to Card Transactions;
     3. any direct costs incurred by TSB in investigating an unauthorised/disputed transaction pursuant to clause 14, if that unauthorised/disputed transaction, after investigation by TSB, is regarded by TSB as being a valid transaction.
  2. Where a Transaction overdraws any Account, Overdraft fees and interest will apply. Details of the current Overdraft fees and interest may be obtained from any branch of TSB or TSB's website www.tsb.co.nz.
  3. TSB can not stop a transaction once you have initiated it.
  4. If you have set up a recurring payment, TSB can not cancel it. You must give the Merchant 15 days notice in writing of cancellation prior to the next scheduled transaction date. Until you cancel the authority, the merchant is entitled to request us to debit your account and we are obliged to process the request.

• 16. Liability of Cardholder for unauthorised transactions

  1. If you notify TSB immediately when any of the events listed below have occurred, you will have no liability to TSB arising from any unauthorised use of your Debit Card or recording or disclosure of your PIN subsequent to that notification, other than as provided for in clauses 17.2 and 17.3. The events referred to are:
     1. you lose or mislay your Debit Card; or
     2. your Debit Card is stolen; or
     3. you know that your Debit Card is in the possession of another person or a Merchant; or
     4. you believe that another person has used your Debit Card or gained knowledge of your PIN.

• 17. Liability for loss

  1. You will not incur any liability if you have not:
     1. acted fraudulently or negligently; or
     2. breached these Conditions of Use; or
     3. contributed to or caused losses from the unauthorised use of your Debit Card or recording or disclosure of your PIN;
  2. If any loss arises from the unauthorised use of your Debit Card which you caused or contributed to (as set out in clause 17.4) your liability will be the lesser of:
     1. the actual loss when TSB was notified; and
     2. the maximum amount that you would have been entitled to withdraw from the Account(s) between the time the Card was lost or stolen and the time we were notified.
  3. You are liable to TSB for all losses arising from the unauthorised use of your Debit card or PIN which results from your fraud or negligence.
  4. You will be treated as having caused or contributed to the loss arising from the unauthorised use of your Debit Card if, for example (but not limited to), you:
     1. fail to immediately sign your Debit Card upon Receipt from TSB; or
     2. select unsuitable PINS (see clause 11.2); or
     3. fail to reasonably safeguard your Debit Card; or
     4. keep written records of your PIN(s); or
     5. part with your Debit Card and/or disclose PINs to any other person; or
     6. fail to take all reasonable steps to prevent disclosure to any person while keying in your PIN; or
     7. unreasonably delay notification to TSB of the loss or theft of your Debit Card, or of the actual or possible disclosure to any other person of your PIN. The amount of the potential liability is set out in clause 17.2.
  5. You will not be liable to TSB for any loss suffered by TSB caused by:
     1. fraudulent or negligent conduct by employees or agents of TSB or parties involved in the provision of electronic banking services;
     2. faults that occur in the machines, cards or systems used, unless the faults are obvious or advised by message or notice on display;
     3. unauthorised transactions occurring before you have received your Debit Card;
     4. any other unauthorised transaction where it is clear that you could not have contributed to the loss.

• 18. TSB's obligations to you

  1. TSB acknowledges that regardless of what is set out in these Conditions of Use, TSB is bound by the guarantees as to service imposed by the Consumer Guarantees Act 1993.
  2. If, however, you use your Debit Card or any other financial service provided by us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply.
  3. TSB is liable to you for any direct losses which you may suffer as a consequence of the failure of your Debit Card, or any ATM belonging to TSB or associated electronic systems which are attributed to TSB's gross negligence or wilful default or the fraudulent conduct by employees or agents of TSB. TSB has no liability for consequential loss which you may suffer in those circumstances.

• 19. Fees

  1. TSB may from time to time debit your Account with: (a) fees relating to the issue and use of your Debit Card and any related service at the rate charged by TSB; and (b) any Stamp Duty, or other statutory duty, levy or charge payable on Card Transactions.
  2. The Visa Debit Access Fee will not be refunded if the Card or Card Account(s) is/are cancelled/closed by you or TSB.
  3. Details of the current fees may be obtained from any branch of TSB or TSB's website www.tsb.co.nz.

• 20. Cancellation of your Debit Card

  1. TSB may at any time without notice cancel your Debit Card. Following cancellation of your Debit Card or closure of your Account(s), you must not use your Debit Card and you must return it to TSB.
  2. You may also cancel your Debit Card. To do this, you must notify TSB in writing of the cancellation and return your Debit Card to TSB (cut in half including through the chip on the Card).
  3. Following cancellation of a Debit card or closure of your Account(s), you have a continuing liability for:
     1. when notified to you, any amount debited to your Account(s) in respect of any Card Transaction incurred which had not been charged to your Account(s) at the date of cancellation or closure; and
     2. any recurring Transactions subsequently debited to your Account(s). It is your responsibility to contact the initiator of any Transactions that are regularly billed to your Account(s) and advise that your Account(s) and/or Card are closed/ cancelled; and
     3. any fees, interest and charges payable in terms of clause 15

• 21. Changes to Conditions of Use, fees and charges

  1. TSB may vary any or all of these Conditions of Use and Fees and Charges at any time. When informing you of these variations, TSB will:
     1. give at least 14 days' notice of such variation; and
     2. communicate such changes, either by direct communication or by display in all TSB's branches and also by notice in the media (including public notices) and on TSB's website www.tsb.co.nz. No prior notice of a variation will be given where the variation is to protect you or the security of the Debit Card system.
  2. TSB may at any time add to, modify or withdraw any or all of the services available in respect of your Debit Card.
  3. These Conditions of Use remain in force after a card is cancelled, an account is closed or an account is no longer linked to a Card, and until all outstanding amounts are paid, whether charged before or after the cancellation of your card or closure of your account.

• 22. Additional benefits

  1. TSB may from time to time offer additional benefits to the Cardholder. Details of such additional benefits will be advised when the additional benefits are made available.

• 23. Security of your Debit Card

  Using your Visa Debit card

  1. The card should be signed immediately it is received and must be used only by the cardholder.
  2. Do not give your card to anyone, let anyone else use your card, or disclose your PIN (including to Police, Bank staff, over the internet or your family). Even during an investigation by Bank staff or Police, your PIN is not required.
  3. Make sure no one can see you enter your PIN at ATMs or when using EFTPOS.
  4. Take care of your card. Do not leave your card in an unattended wallet, purse, vehicle or anywhere a thief could remove a card without being noticed.
  5. When using your card, never let it out of your sight, and where possible, you should retain the card in your possession when performing a transaction, i.e., insert, swipe or wave the card yourself, instead of handing to the merchant to perform for you. Tell us if you change your address, to ensure statements and other correspondence is received.
  6. Report loss or theft of your card as soon as you are aware of it.