Effective Date: 31 January 2018

1. Scope and application

(a) These terms and conditions (Terms) apply to your use of the PayID Service, and the Osko Fast Payment and NPP Quick Payment services.
(b) These Terms are subject to and apply in addition to the following terms and conditions:

(c) It is important that you read and understand these Terms and the terms and conditions listed above.
(d) These Terms prevail over the terms listed in clause 1(b) above to the extent of any inconsistency.

2. NPP Payments – Osko Fast Payment and NPP Quick Payment services

2.1 NPP Payments
The NPP allows participating banks and financial institutions to process, clear and settle Osko Fast Payments (which are payments made and received in near real-time) and NPP Quick Payments.

2.2 Eligibility
(a) To be able to make NPP Payments, you must be a Member and have an Account that is eligible to make and receive Electronic Payments (Eligible Account).
(b) You cannot make an Osko Fast Payment to a Payee who is with a bank or financial institution that does not participate in the NPP Scheme and in Osko.

2.3 Electronic Payments and NPP Payments
(a) From the date we advertise (including on our website) that Osko Fast Payments and NPP Quick Payments are available to you, each time you make an Electronic Payment from an Eligible Account, that Electronic Payment will be processed as:

(i) an Osko Fast Payment; or
(ii) if (a) is not available for any reason, an NPP Quick Payment; or
(iii) if (a) and (b) are not available for any reason, a Standard Payment. The terms and conditions applying to Standard Payments are set out in the Financial Services Guide.

(b) If a payment is processed as:

(i) an Osko Fast Payment or an NPP Quick Payment, the payment will be processed by us immediately and will be received by the Payee when the receiving bank or financial institution makes the funds available to the Payee; and
(ii) a Standard Payment, the payment will be processed by us generally on the next business day, but the funds will generally not be available to the Payee until 1 to 2 business days after the day we process the payment.

2.4 NPP Payments and PayID
(a) You and your Authorised Users can address NPP Payments to specific PayIDs (see clause 3 for more details on PayIDs), provided that:

(i) we and the Payee’s bank or financial institution support the NPP Payment service;
(ii) the Payee’s account is able to receive the particular NPP Payment; and
(iii) the PayID is not locked.

(b) You acknowledge and agree that, when you direct an NPP Payment to a PayID connected to a joint account, other account holders may be able to see the messages and notifications associated with the transaction.

2.5 Initiating an NPP Payment
(a) To initiate an NPP Payment, you must give us the following information:

(i) if:

(A) you elect to use PayID, the Payee’s PayID; or
(B) you elect to not use PayID, the following details of the Payee’s account(s): BSB, Account Number, and Account Name; and

(ii) the amount to be paid; and
(iii) the time and date of the NPP Payment, or instructions to pay immediately; and
(iv) the message you elect to include with the NPP Payment.

(b) We will then debit your Account with the amount of that NPP Payment on the date requested and treat your instruction as valid (subject to any applicable laws including, where applicable, the ePayments Code).
(c) We may not be able and are not obliged to effect an NPP Payment if any of the following applies:

(i) you do not give us all of the required information listed in clause 2.5(a);
(ii) any of the information you gave us for the NPP Payment is inaccurate or incomplete;
(iii) you do not have sufficient funds in your Eligible Account to complete the NPP Payment; or
(iv) you are not able to provide information that complies with the security procedures that we may reasonably require.

(d) We will inform you via your internet or mobile banking services whether:

(i) we confirm and validate an NPP Payment you have initiated; or
(ii) an NPP Payment you have initiated fails for any reason.

2.6 Mistakes and Issues with NPP Payments
(a) If you make an NPP Payment and later discover that:

(i) the amount you transferred was greater than the amount you needed to pay:

(A) you must contact the Payee to obtain a refund of the excess; and
(B) if we processed the transfer as an NPP Payment, we may be able to request that the funds, or just the overpaid amount, be returned on your behalf if you ask us to do so, but the amount will not be returned to you unless the Payee consents to their bank or financial institution returning the funds; or

(ii) the amount you transferred was less than the amount you needed to pay, you will need to make another NPP Payment for the difference between the amount you actually transferred and the amount you needed to pay.

(b) You should notify us immediately if you think that:

(i) you have made a mistake when initiating an NPP Payment;
(ii) you did not authorise an NPP Payment that has been debited to your Account or you think an NPP Payment has not been processed in accordance with your instructions;
(iii) you become aware that an NPP Payment made using a PayID from your Account was directed to an incorrect recipient; or
(iv) you were fraudulently induced to make an NPP Payment, (an Incident).

(c) The timing of your report of an Incident may impact on our ability to assist you to recover funds (where possible).
(d) Clause 14 Mistaken Payments in the Internet and Mobile Banking and BPAY Terms and Conditions applies and sets out how Mistaken Internet Payments are dealt with.
(e) In the event of an incident, if the transferred funds are returned to us, we will credit them to your Account and make them available to you as soon as practicable.
(f) You indemnify us against, and will be liable to us for, any direct or indirect loss, damage, charge, expense, fee or claim we may suffer or incur as a result of the return of funds to us where we have requested that transferred funds be returned on your behalf. We may debit any such loss, damage or cost to any account you hold with us.

2.7 Refunds and chargebacks
(a) Except as provided in clause 2.6(d) or in clause 14 Mistaken Payments of the Internet and Mobile Banking and BPAY Terms and Conditions, refunds cannot be processed in respect of funds transferred by internet banking. Where a transfer has been correctly completed but you have a dispute with the Payee, you will need to resolve the dispute directly with that person.
(b) No “chargeback” rights are available in relation to funds transferred by internet banking, even if the transfer has been made from a credit card account or another account with an access card linked to it.

2.8 Authority to recover Misdirected Payments or Mistaken Payments to your Account
Where we and the bank or financial institution or the Payer determine that an NPP Payment made to your Account is either a Mistaken Payment or a Misdirected Payment, we may, without your consent, and subject to complying with any other applicable terms and conditions, deduct from your Account an amount up to the original amount of the Mistaken Payment or Misdirected Payment. We will notify you if this occurs.

2.9 Liability for payments made in error
(a) You must ensure that all information you provide for an NPP Payment is correct as we will not be able to cancel an NPP Payment once it has been processed.
(b) It is your responsibility to ensure that each NPP Payment you initiate is addressed to the right recipient. We are not liable to you if the relevant Payee does not receive the applicable funds transferred through an NPP Payment because the details of the Payee or the relevant PayID were incorrect or incomplete.

2.10 Suspension of Osko Fast Payments and delays
(a) We will notify you in writing if, for any reason, we are no longer able to offer you the ability to make Osko Fast Payments, in which case you will not be able to send or receive Osko Fast Payments through us.
(b) Where we are reasonably able to do so, we will tell you:

(i) if there are any delays in processing any of your NPP Payments; and
(ii) when the relevant NPP Payment is likely to be completed.

2.11 Transaction limits for NPP Payments
We may refuse to process any NPP Payment initiated by you where accepting it would cause you to exceed any applicable transaction limit we have imposed on your Account. Please refer to the Internet and Mobile Banking and BPAY Terms and Conditions for the current Transaction Limits.

2.12 Restrictions
You must not, and must ensure that your Authorised Users do not, use NPP Payments for any unlawful or fraudulent activities. You indemnity us against any loss or damage we incur or suffer in connection with any breach of this clause 2.12 by you or your Authorised Users.

2.13 How you can cancel your service
You may cancel your use of NPP Payments by giving us at least 30 days’ prior notice.

2.14 How we can cancel your service
We may suspend or terminate your right to use NPP Payments if:
(a) we suspect that you, or someone acting on your behalf, is being fraudulent;
(b) we suspect that you are using NPP Payments in a manner that will, or is likely to affect our ability to continue providing NPP Payments to you or our other customers;
(c) our agreement with BPAY in relation to the NPP or NPP Payments is suspended, ceases or is cancelled (as the case may be) for any reason; or
(d) for any other reason if we deem it necessary to protect us, our other customers or the funds in your Account.

2.15 Consequence of termination or cancellation of your service
(a) Termination, cancellation or suspension of your right to use NPP Payments does not:

(i) prejudice any claims either party may have against the other in respect of any then subsisting breaches of these Terms; or
(ii) otherwise affect the accrued rights or remedies of either party.

(b) Termination, cancellation or suspension of your right to use NPP may delay any NPP Payment you have initiated or that are addressed to your Account.

3. PayID Service

3.1 PayID Service and NPP Payments
(a) The PayID Service is the NPP Payment addressing service that enables Payers to make NPP Payments to Payees using an alternative identifier (i.e. a PayID) instead of account details.
(b) Once you have created a PayID, third parties will be able to make NPP Payments to you using your PayID instead of your Account details.

3.2 Creating your PayID
(a) You can create a PayID for receiving NPP Payments through your internet or mobile banking services with us, or by contacting us. We will not create a PayID for you without your prior consent.
(b) An Account may be linked to more than one PayID. Each account holder and Authorised User may create a unique PayID for the Account.
(c) Once a PayID is created and linked to your Account, it may not be used in relation to any other account with us or with any other bank or financial institution, unless it is transferred in accordance with clause 3.4 or 3.5.
(d) The PayID Service does not support duplicate PayIDs. You cannot create a PayID that is identical to a pre-existing PayID. You can contact us to discuss duplicate PayIDs by calling 131 728, however, we cannot disclose details of any Personal Information in connection with PayIDs linked to any account held by another person.
(e) Depending on the settings you choose for your PayID, other account holders and Authorised Users on your Account may be able to see messages and notifications associated with NPP Payments addressed to your PayID.

3.3 Your PayID and PayID Name
(a) The PayID you choose must be a supported PayID Type. Some PayID Types, for example Organisation IDs, are restricted to Organisations. You can review the full list of PayID Types we support at www.policebank.com.au/npp (www.customsbank.com.au/npp for Customs Bank Members). We may update this list from time to time.
(b) You must own or be authorised to use the chosen PayID. We may ask you to provide evidence to establish this to our satisfaction, regardless of whether you are already registered for any other mobile or online banking or online payment services with us. We may suspend or terminate your use of the PayID Service if we become aware or reasonably determine that you do not own or are not authorised to use your chosen PayID.
(c) You may also choose a PayID Name to go with your PayID. Your PayID Name must not be unlawful, threatening, misleading or deceptive in any way, defamatory, obscene, infringing, or racially or ethnically offensive. We may:

(i) refuse any PayID Name that breaches this clause 3.3(c); or
(ii) suspend or terminate your use of the PayID Service if your PayID Name breaches this clause 3.3(c).

(d) Depending on the policy of the Payer’s bank or financial institution, your PayID Name may be displayed to Payers who send NPP Payments to you. At the same time you create your PayID, we will either enable you to:

(i) confirm your selection of a PayID Name for display to Payers; or
(ii) select an alternative PayID Name, such as your business name, for display.

3.4 Transferring your PayID to another Account
(a) You can transfer your PayID to another account with us, or to an account with another bank or financial institution through your internet or mobile banking service with us, or by contacting us.
(b) A transfer of your PayID to another account with us will generally be effective immediately, unless we notify you otherwise.
(c) A transfer of your PayID to another bank or financial institution is a two-step process initiated by you and completed by that bank or financial institution:

(i) first, you must ask us to put your PayID into a transfer state; and
(ii) then, you must complete the transfer via your new bank or financial institution.

Until the transfer is completed, NPP Payments to your PayID will be directed to your Account with us. If the new bank or financial institution does not complete the transfer within 14 days of our putting your PayID into a transfer state, the transfer will be deemed to be ineffective and your PayID will remain with your Account.
(d) A locked PayID cannot be transferred: see section 3.7 below for more information on locked PayID.

3.5 Transferring your PayID from another Financial Institution to your Account
To transfer a PayID that you created for an account with another bank or financial institution to your Account with us, you will need to start the process with that bank or financial institution and complete the transfer by contacting us.

3.6 Closing a PayID
You can Close your PayID at any time by through your online or mobile banking service with us or by contacting us. Once your PayID has been closed, it cannot be used by Payers to address NPP Payments to your Account.

3.7 Locking and Unlocking a PayID
(a) We may monitor PayID use to manage PayID misuse and fraud.
(b) You acknowledge and agree that we may Lock your PayID if we reasonably suspect misuse of your PayID or use of your PayID to procure NPP Payments fraudulently.
(c) You may request that your Locked PayID be unlocked by calling us and providing security information that we may reasonably require.

4. General

4.1 Your information
(a) You may, at any time, access a record of all NPP Payments you have made or received with via your internet or mobile banking, periodic statements or on request by contacting us. Refer to the Financial Services Guide for more information about Statements of Account.
(b) We collect, store, use, disclose and otherwise deal with your Personal Information in accordance with our Privacy Policy.
(c) You acknowledge and agree that:

(i) we may retain information to PayIDs you provide to us for the purpose of facilitating scheduled payments; and
(ii) for the purposes of providing the Osko Fast Payments and NPP Quick Payments services to you, we may disclose to BPay, its Service Providers and other third parties as required to provide the Osko Fast Payments and NPP Quick Payments services to you:

(A) your Personal Information; and
(B) if you are an Organisational Member, your Organisation’s name and other details and information in relation to your Organisation, including in reports we are required to provide to BPAY and otherwise for the purposes of monitoring and managing fraud risks in relation to NPP Payments.

(d) You must notify us of any change to your Personal Information or to the details of your Organisation.

4.2 Changes to these Terms
(a) We may change these Terms at any time by giving you at least 20 days written notice before such change takes effect.
(b) Our obligation to provide you advance notice does not apply if variations are required for one of the following reasonable purposes:

(i) to comply with any law;
(ii) to accommodate changes in the operation of the BPAY Scheme or Osko;
(iii) to accommodate changes in our operations or systems; or
(iv) to comply with BPAY’s or our security policies and procedures.

(c) We may use various methods, or combinations of methods, to notify you of these changes or variations, such as:

(i) by letter;
(ii) by electronic direct mail (eDM)
(iii) on or with your next statement of account;
(iv) on our website.

(d) We will select the method(s) appropriate to the nature and extent of the change or variation, as well as the cost effectiveness, of the method of notification.

4.3 Disputes and investigations
(a) We strive for quality and best practice customer service, however there may be times when we don’t satisfy you. We believe that by listening to your complaint we may be able to identify a way to improve our service. Our complaints service procedure is free, and it does not affect your legal rights.
(b) If you believe an NPP Payment is wrong or unauthorised or your statement contains any instances of unauthorised use or errors in respect of an NPP Payment, refer to clause 2.6 Mistakes and Issues with NPP Payments above.
(c) Otherwise, if you have a complaint, please refer to our Complaints Handling & Dispute Resolution Guide, available on our website at www.policebank.com.au/important-information/complaints-and-feedback/ or on request. If you are not happy with the way we handle your complaint, you can complain to the Financial Ombudsman Service Limited (FOS). The FOS is an external dispute resolution body that can provide an external review of our decisions. FOS contact details are available on our website or on request.
(d) We will keep you informed of the progress of all disputes and investigations. However we may not notify you or keep you informed of certain investigations and disputes where we reasonably determine that doing so will, or is likely to, compromise the integrity of the investigation or Osko more broadly.

5. Definitions

5.1 In these Terms, the terms set out below have the following meaning:

Account means your account with us.
Authorised User means you and any person you have authorised to operate your Account.
BPAY means BPAY Pty Ltd (ABN 69 079 137 518), Level 1, 255 George Street, Sydney NSW 2000.
BPAY Scheme means the scheme operated by BPAY which governs the way in which we provide Osko Fast Payment and NPP Quick Payment services to you.
Closed in relation to a PayID, means a PayID which is removed from the PayID Service, and unable to be used for NPP Payments.
Electronic Payment (also known as direct transfer or electronic transfer) is a once only electronic funds transfer.
ePayment Code has the meaning given to it Internet and Mobile Banking and BPAY Terms and Conditions.
Locked in relation to a PayID, means a PayID which we have temporarily disabled in the PayID Service. “Lock” has the corresponding meaning.
Misdirected Payment means an NPP Payment erroneously credited to the wrong account because of an error in relation to the recording of the PayID or associated account information in the PayID Service.
Mistaken Payment means an NPP Payment made by a Payer who is a ‘user’ for the purposes of the ePayments Code, which is erroneously credited to the wrong account because of the Payer’s error.
NPP means the New Payments Platform operated by NPP Australia Limited, and used by us and other financial institutions to process payments.
NPP Quick Payment is an electronic transfer made via the NPP.
NPP Payment means any payment cleared and settled via the NPP, including Osko Fast Payments and NPP Quick Payments.
Organisation ID means an identifier for a Member that is an Organisation, attributed or given to you by us.
Organisation means any of the following persons:
(a) a natural person (i.e. an individual) acting in their capacity as a trustee, sole trader or partner of a partnership;
(b) a body corporate in its personal capacity or as a trustee;
(c) a government agency;
(d) an unincorporated body or association; or
(e) a firm or partnership.
Osko means the Osko payment service provided by BPAY in relation to the NPP, and which allows Osko Fast Payments to be made.
Osko Fast Payment means a payment made by or on behalf of a Payer to a Payee using Osko.
Payee means a person who receives an NPP Payment.
Payer means a person who initiates an NPP Payment.
PayID means the identifier used in the PayID Services that allows you to receive NPP Payments.
PayID Name means the name we give you or the name selected by you (with our approval) to identify you to Payers when your PayID is used to make an NPP Payment.
PayID Service means the central payment addressing service which is available for addressing NPP Payments.
PayID Type means the type of identifier you select for receiving NPP Payments, which may be your mobile number, email address, Australian Company Number (ACN), Australian Business Number (ABN) or Organisation ID.
Personal Information has the meaning given to it in the Privacy Law.
Privacy Law means the Privacy Act 1988 (Cth) and regulations made under that Act.
Privacy Policy means our Privacy Policy, as amended from time to time and available at www.policebank.com.au/important-information/privacy-policy-for-apps-credit-reporting/ (or for Customs Bank Members, www.customsbank.com.au/important-information/privacy-policy-for-apps-credit-reporting/).
Service Provider means a person engaged by BPAY to provide goods or services to BPAY in connection with Osko or the NPP.
Standard Payment means an electronic payment that is not sent as an NPP Payment. Standard Payment excludes BPAY payments.
We, us or our means Police Bank Ltd (ABN 95 087 650 799 / Australian Credit Licence No 240018 / 25 Pelican Street, Surry Hills NSW 2010).
You or your means any Member (including the Authorised Users of that Member) using the PayID Services or the Osko Fast Payment or NPP Quick Payment services.