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Download 'Rabobank Visa Platinum Credit Card Conditions of Use 1'
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1 Effective December 2014 Visa Platinum Credit Card Conditions of Use Talk to the world s leading food and agribusiness bank Rabobank Australia Limited ABN AFSL To contact (within Australia) or (overseas) Important Note: This document does not contain all the terms of your Credit Contract or all of the pre-contractual information. Rabobank Australia Limited is required by law to give you before this Credit Contract is made. This pre-contractual information includes a Key Facts Sheet. Further terms and conditions are in the Financial Table we sent you when we approved your credit card application. Together, the Financial Table and these Conditions of Use form your Credit Contract. It is important that you read these documents carefully and retain them for future reference. Lost or Stolen Visa Credit Cards or Cardholder Enquiries Customer Service Enquiries Within Australia call Overseas call Postal Address Client Services Manager Rabobank Australia Limited GPO Box 4577 Sydney NSW 2001 Before you use your Visa Credit Card Please read these Conditions of Use. They apply to: all Transactions initiated through an Electronic Banking Terminal (which in these Conditions of Use refers to Eftpos devices and ATMs) by the combined use of your Visa Credit Card and signature or your Visa Credit Card and PIN; and all other Transactions (including telephone Transactions, internet Transactions, manually processed Transactions and Visa paywave Transactions) effected with the use of your Visa Credit Card. Either the activation of your Card Account or the first Transaction on your Card Account (whichever comes first) will be taken as your agreement to comply with the terms and conditions set out in the Credit Contract (which comprises of these Conditions of Use and the Financial Table we sent you when we approved your credit card application). You should be aware that a Transaction may arise on your Visa Credit Card prior to you activating your Card Account in circumstances where a Transaction is conducted manually or is below certain monetary limits (which is set by the relevant merchant s acquiring institution) where no electronic approval is required. Your Card Account will be debited with the amount of any Transaction made in these circumstances (which will increase the balance owing to Rabobank Australia Limited). These Conditions of Use apply to the Primary Cardholder and any Additional Cardholders. If you fail to properly safeguard your Visa Credit Card and PIN you may increase your liability for unauthorised use (refer to section 29 for a list of circumstances where you may be held liable for unauthorised use of your Visa Credit Card). The Visa Credit Card is issued to you by Rabobank Australia Limited ABN (Rabobank). Rabobank is the credit provider (Credit Licence Number ) and an authorised deposit-taking institution and a member of Visa. By accepting the Credit Contract, you are entering into a contract with Rabobank. If these Conditions of Use are not clear to you, contact Rabobank BEFORE activating or using your Visa Credit Card or alternatively seek independent advice from your accountant or lawyer. At your request, Rabobank may attach other services to your Visa Credit Card. Any additional services that you request to be attached to your Visa Credit Card will be advised to you in writing. Information on current interest rates and Rabobank fees and charges is available by calling Client Services on or visiting Rabobank website at Words that are capitalised in these Conditions of Use are defined in section A below. Rabobank Visa Platinum Credit Card Conditions of Use 1
2 Contents Section A Definitions and interpretation..3 A. Definitions.. 3 B Interpretation.. 4 Section B 1. Activating your card and agreeing to these conditions of use Additional cards Application of the Code of Banking Practice Signing your Visa Credit Card Security Reporting the loss or theft of your Visa Credit Card Using your Visa Credit Card Using your Visa Credit Card outside Australia Additional services attached to your Visa Credit Card Verified by Visa Transaction Limits Credit Limit Monthly Spend Limits Authorisations and processing of Transactions Statements and receipts Transactions debited to your Card Account Fees and charges Government fees and charges Interest charges Payments Regular payment arrangements Complaints and the dispute resolution scheme Renewal of your Visa Credit Card Cancelling your Card or Card Account Default Hardship Unclaimed monies on expiry or closure of Card Account Special Promotions Your liability in case your Visa Card is lost or stolen or in case of unauthorised use Visa zero liability Resolving errors on account statements Malfunction Changes To Conditions Of Use Other general conditions Anti-money laundering and counter-terrorist Financing Privacy and information collection Account combination and set off National credit code..18 Appendix A Rabobank rewards scheme terms and conditions Important General Definitions How you can earn Reward Dollars How Reward Dollars are converted to Gift Cards When you may not earn Reward Dollars Terminating your Reward Dollars Changes to these Terms and Conditions Tracking your Reward Dollars..19 Appendix B Direct Debit Request Service Agreement Definitions Debiting your Account Changes by you Your obligations Disputes Accounts Confidentiality Notice Application..20 Appendix C Statutory information Rabobank is required to give to you..20 Things you should know about your proposed credit contract..20 The contract..21 General..21 Rabobank Visa Platinum Credit Card Conditions of Use 2
3 Section A Definitions and interpretation A. Definitions Additional Cardholder means a person(s) other than the Primary Cardholder who, at the request of the Primary Cardholder, from time to time is/are issued with an additional Visa Credit Card for use on the Card Account. Annual Percentage Rate means a per annum rate of interest that applies to Transactions occurring on your Card Account, with such rates being specified in the Financial Table, which could include separate rates of interest for separate categories of Transactions (for example, Balance Transfers). AML Legislation means the Anti-Money Laundering and Counter Terrorism Financing Act 2006 (Cth) and its associated rules, regulatory guides and regulations. ATM means an automated teller machine. Balance Transfer means an amount applied to your Card Account balance in accordance with your application to us to transfer to your Card Account any balance (or any part of the balance) of a credit card, store card or charge card that is held with another credit provider. Balance Transfer Offer means an offer for you to complete a Balance Transfer, with such offer being set out in the Financial Table or other terms that Rabobank may apply from time to time and is advised to you in writing. BPAY means the electronic payments service provided by BPAY Pty Ltd ABN Client Services means the Client Services that is operated by Rabobank, which may be accessed by calling Card Account means the account you have with Rabobank to which you may obtain access by use of the Visa Credit Card. Card Number means the unique number assigned by Rabobank to each Visa Credit Card and which is recorded on that Visa Credit Card. Cash Advance means: (a) each amount of cash supplied by use of a Visa Credit Card or by any other operation of your Card Account (including cash drawn from use of an ATM or cash withdrawn by visiting a financial institution); (b) any transaction that you make where you use the Visa Credit Card to receive from a merchant a cash substitute (including the purchase of gambling chips or tokens, traveller s cheques or money orders or the loading of value onto a stored value card or facility (such as gift cards and prepaid products)); (c) any transaction that you make where you use the Visa Credit Card to pay bills through a third party where the merchant does not accept credit card payments; (d) any transaction that you make to pay bills over the counter at a financial institution or Australia Post outlet; or (e) any transaction that you make where you use the Visa Credit Card to transfer, or arrange the transfer of funds from your Card Account to another account. Merchants enter into an agreement with their relevant financial institution which enables the merchants to accept payment for goods or services by credit card. Rabobank as the issuer of the Visa Credit Card is only able to determine whether to treat a transaction that you make with a relevant merchant as either a Purchase or Cash Advance based on the information provided by the relevant merchant s financial institution. Accordingly, certain transactions that you undertake with a merchant may be treated as a Cash Advance, even if such a transaction does not fall within one of the categories specified above. This commonly occurs with newsagencies or other merchants that sell lottery tickets or gaming products. Refer to section 32 in respect of adjusting the Card Account balance for such errors. Closing Balance means the amount shown on a Monthly Credit Card Statement as the closing balance for that relevant Monthly Credit Card Statement. The closing balance is the amount that you owe to Rabobank on the last day of the relevant statement period. Conditions of Use means this document and includes any other version of this document that replaces an earlier version. Credit Contract means the agreement between you and Rabobank for the provision of your Visa Credit Card (and any associated facilities that you receive or request from Rabobank, such as internet and telephone banking facilities and direct entry facilities). Your Credit Contract consists of these Conditions of Use and the Financial Table. Credit Limit is the amount described as such in the Financial Table, which applies to your Card Account. Daily Interest Rate means the rate determined by dividing the relevant Annual Percentage Rate by 365. Disputed Transaction where you dispute a Transaction on your Visa Credit Card and Rabobank is required to investigate the Transaction by contacting the relevant merchant s financial institution. A disputed transaction may occur in circumstances where a Transaction is duplicated or where the merchant has charged the wrong amount to your Visa Credit Card. Eftpos means an electronic funds transfer at point of sale. Electronic Banking Terminal means an ATM or Eftpos device. Expiry Date means the expiry date printed on the front of the Visa Credit Card. Financial table means the Financial Table that was originally given to you when your credit card application was approved by Rabobank and includes any Financial Table replacing an earlier Financial Table. Identification Reference means a personal identification number or string of characters (such as a password or passphrase) provided to Rabobank by a Primary Cardholder and/or an Additional Cardholder and which is used in conjunction with Telephone Banking and Internet Banking services provided by Rabobank or such other services Rabobank may advise from time to time, and includes the use of a Token and Token Code in accordance with the Rabobank Internet Banking Conditions of Use. Internet Banking means any banking service provided by Rabobank by use of an internet and an Identification Reference. Internet Banking Terms means the Rabobank Internet Banking Conditions of Use for Internet Banking as in force from time to time, available online at Pages/Considerations-of-Use.aspx. IVR means the interactive voice response service that is provided by Rabobank and which may be accessed by calling Monthly Credit Card Statement means the monthly statement of account that Rabobank provides to you in accordance with these Conditions of Use. Monthly Spend Limit means the maximum monetary amount (that has been set by the Primary Cardholder) that the Primary Cardholder or an Additional Cardholder (if applicable) may spend per calendar month or part thereof, in respect of Transactions that are performed by the Primary Cardholder or Additional Cardholder using his/her Visa Credit Card. Rabobank Visa Platinum Credit Card Conditions of Use 3
4 Non-Cash Advances means Purchases, government fees and charges, any interest that has accrued on the Card Account, Rabobank fees and charges and any enforcement expenses that are debited from your Card Account balance (which increases the balance owing to Rabobank). PIN means the secret personal identification number relating to a Visa Credit Card. Purchase means each amount charged by the supplier for the supply of any goods or services purchased by the use of a Visa Credit Card on your Card Account or any other operation of your Card Account (other than a Cash Advance or Balance Transfer). Primary Cardholder means the person who opens the Card Account with Rabobank and is responsible (in the first instance) for all Transactions made on the Card Account, including Transactions that are made by any Additional Cardholders. Rabobank means Rabobank Australia Limited ABN (). Special Promotion means a reduced rate of interest or interest-free days or other special terms that Rabobank may apply from time to time to certain categories of Transactions. The details of any Special Promotion will be advised to you in writing. Telephone Banking means the banking services provided by Rabobank by use of a telephone and an Identification Reference (including services provided by Rabobank by an employee or consultant of Rabobank). Transaction means a Purchase, Cash Advance or Balance Transfer. Transaction Statement Date means the date that Rabobank processes a Transaction and applies that Transaction to your Card Account. Unpaid Daily Balance means, at any time, the excess of all amounts debited from your Card Account balance (which increases the balance owing to Rabobank) over all amounts credited to your Card Account balance (which reduces the balance owing to Rabobank) at that time. When this amount is to be calculated for the end of a day, it includes all debits and credits assigned to that day. Verified by Visa Participating Merchant means a merchant from whom online Transactions can be made and who participates in the Verified by Visa program described in sectio n 10 below. Visa means Visa Worldwide PTE. Limited. Visa Credit Card means a Visa Credit Card issued to the Primary Cardholder pursuant to the Credit Contract (and includes all Visa Credit Cards issued to any Additional Cardholders as per the Primary Cardholder s request). Visa paywave refers to the contactless method by which a Visa Credit Card may be used to complete a Transaction by waving the Visa Credit Card over a merchant s Visa paywave enabled point of sale terminal, without the need for a PIN or signature. Visa Privileges Program means a service offered by Visa whereby Visa negotiates special global offers (such as travel, entertainment, retail, dining and golf). Visa Platinum Concierge Services means the services offered by Visa, 24 hours a day, 7 days a week. These services include travel information and assistance, entertainment planning, business services and gift and speciality services. Year-End Spend Summary Statement means the statement that Rabobank will provide to you on an annual basis which provides a summary of the spending on the Card Account during the previous 12 month period (or part thereof). you or You or Your or your means the Primary Cardholder. our, we, us or Our, We or Us refers to Rabobank. B. Interpretation For the purposes of these Conditions of Use Business Day means any day that Rabobank is open for business in Sydney, excluding Saturdays, Sundays and public holidays. A reference to: one gender includes the other gender; the singular includes the plural and the plural includes the singular; and any dollar amount is an Australian dollar amount. Section B Visa Credit Card Conditions of Use 1. Activating your card and agreeing to these conditions of use 1.1 When you or any Additional Cardholder receives a new Visa Credit Card in the mail, you (or the Additional Cardholder, as the case may be) must activate the Visa Credit Card. You (or the Additional Cardholder, as the case may be) can activate the Visa Credit Card by either calling: our Client Services on and following the prompts; or IVR on and following the prompts. 1.2 The first time that: your Card Account is activated (by either you, as the Primary Cardholder activating a Visa Credit Card, or an Additional Cardholder activating a Visa Credit Card); or a Transaction occurs on your Card Account, (whichever comes first) constitutes agreement by you to the conditions set out in the Credit Contract. You should be aware that a Transaction may arise on your Visa Credit Card prior to your Card Account being activated in circumstances where a Transaction is conducted manually or is below certain monetary limits (which are set by the relevant merchant) and no electronic approval is required. Your Card Account will be debited with the amount of any Transaction made in these circumstances (which will increase the balance owing to Rabobank). 1.3 If you do not agree with the terms of the Credit Contract, do not: activate your Visa Credit or use it (or allow anyone else to use or activate your Visa Credit Card); or permit any Additional Cardholder to activate or use their Visa Credit Card. Instead, return all Visa Credit Cards to Rabobank (cut in half for your protection (including any chip on the Visa Credit Cards)). 2. Additional cards 2.1 You (being the Primary Cardholder) can ask Rabobank to give you an additional Visa Credit Card and PIN, or to give someone else you nominate ( Additional Cardholder ) an additional Visa Credit Card, to be attached to your Card Account (provided that the person you nominate is over 18 years of age). Rabobank is not obliged to grant any additional Visa Credit Cards. Rabobank is required to comply with all laws governing the issuing of credit cards (including identification and verification of any Additional Cardholders in accordance with the AML Legislation). Rabobank Visa Platinum Credit Card Conditions of Use 4
5 2.2 The number of Additional Cards on your Card Account at any one time is limited to a maximum of ten (10). 2.3 When Rabobank issues an additional Visa Credit Card at your request: you agree that you will provide any Additional Cardholder with a copy of these Conditions of Use and any updates Rabobank makes to these Conditions of Use from time to time that are communicated to you; you will be liable (in the first instance) for all Transactions carried out by use of the additional Visa Credit Card, including by an Additional Cardholder. Fraudulent or unauthorised transactions can occur on Visa Credit Cards. Where you (or your Additional Cardholder) advise Rabobank that a Transaction that has occurred on your Visa Credit Card or your Additional Cardholder s Visa Credit Card is fraudulent, unauthorised or disputed, Rabobank will investigate and review that Transaction in accordance with secti on 32 below; you authorise Rabobank to give to any Additional Cardholder information about your Card Account for the purposes of their use of the additional Visa Credit Card. You also authorise Rabobank to act on the instructions of the Additional Cardholder in relation to their use of their additional Visa Credit Card, except to the extent that any such instructions relate to the Credit Limit on the Card Account, termination of the Card Account, the increase of an Additional Cardholder s Monthly Spend Limit or the replacement of an additional Visa Credit Card following cancellation of that Visa Credit Card by you; and you can cancel the additional Visa Credit Card at any time by cutting it in half diagonally (including cutting in half any chip on the Visa Credit Card) and either returning the pieces to Rabobank and requesting the additional Visa Credit Card be cancelled or by informing Rabobank (by calling our Client Services on ) that you have destroyed the Visa Credit Card and disposed of the pieces securely. You must then write to Rabobank confirming cancellation of the additional Visa Credit Card. If you cannot destroy the additional Visa Credit Card you should contact Rabobank by telephone and request that we place a stop on your Card Account. 2.4 If an Additional Cardholder does not comply with this Credit Contract then you (as Primary Cardholder) will be in breach of this Credit Contract (refer to sect ion 25 below). 2.5 You will not be liable to Rabobank for the value of any Transaction occurring on an additional Visa Credit Card after you have cancelled the additional Visa Credit Card, except in circumstances where the additional Visa Credit Card is used after it has been cancelled for: (a) store purchases which are below certain monetary limits (which are set by the relevant merchant s financial institution) where no electronic approvals are in place; or (b) Transactions that are processed manually, unless the Transactions are fraudulent, unauthorised or disputed, in which case we will investigate in accordance with sec tion 32 below. In the circumstances set out in section 2.5, it is not possible for Rabobank to physically stop the Transaction from occurring. If the additional Visa Credit Card is used after you have cancelled it in these circumstances then you will be liable to Rabobank for the value of any Transaction as well as any reasonable costs incurred by Rabobank in collecting the amounts owing. 3. Application of the Code of Banking Practice 3.1 Rabobank is a signatory to revised Code of Banking Practice (Banking Code) and warrants that it will comply with the requirements of the Banking Code, as established from time to time by the Australian Bankers Association in respect of the Visa Credit Card. 3.2 You can obtain a copy of the Banking Code by contacting Rabobank. If you have any questions in relation to how the Banking Code applies to this Credit Contract, we are more than happy to explain this to you. You can also obtain more information by visiting the Australian Bankers Association s website at General information about banking products, including collection of tax file numbers, account opening procedures, and what it means if we combine any accounts are included in the General Descriptive Information Booklet relating to Rabobank products available at 4. Signing your Visa Credit Card You agree to sign your Visa Credit Card as soon as you receive it and before using it, as a means of preventing unauthorised use. 5. Securit y 5.1 The security of your Visa Credit Card, Identification Reference and PIN is very important as their use by any person provides access to your Card Account. You must take care to ensure that your Visa Credit Card, Identification Reference and PIN record are not misused, lost or stolen and that they do not become known to anyone else. 5.2 This se ction 5 contains guidelines which should be followed by you to ensure the security of your Visa Credit Card, Identification Reference and PIN. If you fail to safeguard your Visa Credit Card, Identification Reference or PIN, you may increase your liability for unauthorised use (refer to s ection 29 below for a list of circumstances where you may be held to be liable for an unauthorised transaction). 5.3 To protect your Visa Credit Card, Identification Reference and PIN, we strongly recommend that you: sign your Visa Credit Card immediately when you receive it; memorise your PIN and Identification Reference and never store either of them with or near your Visa Credit Card; never write your PIN or Identification Reference on your Visa Credit Card; do not access Rabobank website via an link embedded in an . Always access the website directly from your internet browser; maintain up-to-date anti-virus software and a firewall on your computer; never disclose your PIN or Identification Reference to anyone either verbally, in writing or electronically, including to any family member or friend and including Rabobank and its staff; never lend or give your Visa Credit Card to anyone; take care to prevent anyone from seeing you enter your Identification Reference; try to prevent anyone else seeing you enter your PIN into an Electronic Banking Terminal; never leave your Visa Credit Card unattended, e.g. in your car or at work; Rabobank Visa Platinum Credit Card Conditions of Use 5
6 immediately report the loss, theft or unauthorised use of your Visa Credit Card to Rabobank on ; keep a record of Rabobank telephone number with your usual list of emergency telephone numbers; examine your Monthly Credit Card Statement as soon as you receive it to identify and report, as soon as possible, any instances of unauthorised use; and for security reasons, on the Expiry Date, destroy your Visa Credit Card by cutting it diagonally in half (including cutting in half any chip on the Visa Credit Card) and disposing of it securely. Refer to section 30 below for a list of circumstances where you may be held to be liable for loss caused by unauthorised transactions. Any liability for losses resulting from unauthorised transactions will be determined in accordance with section 30 below, rather than the security measures listed above, which are guidelines only. 6. Reporting the loss or theft of your Visa Credit Card 6.1 If you believe your Visa Credit Card, PIN record or Identification Reference has been lost, stolen or misused, or your PIN or Identification Reference has become known to someone else, you should IMMEDIATELY report this by: In Australia Contacting our Client Services on While Overseas Call At the time that you make the report, you will be given a reference number which you should retain as evidence of the date and time of your report. 6.3 If the loss, theft or misuse occurs outside of Australia, you may choose to notify a financial institution displaying the Visa logo. You must also then confirm the loss, theft or misuse of the Visa Credit Card with Rabobank by telephoning our Client Services or by priority paid mail as soon as possible. 6.4 If for any reason the above methods of notification are unavailable, any losses occurring due to non-notification will be the liability of Rabobank. To avoid further losses you are required to continue to try to provide notification of your lost or stolen Visa Credit Card by using one of the methods referred to above. Providing you continue to try to use reasonable endeavours having regard to your own individual circumstances to notify Rabobank in accordance with one of the above methods, Rabobank will continue to be liable for any loss occurring as a result of further unauthorised use of your Visa Credit Card. If you do not try to notify us using any of the agreed methods of notification as is reasonable having regard to your own individual circumstances, then you may become liable for any losses occurring on your Visa Credit Card in accordance with section 29 below. 6.5 If your Visa Credit Card is reported as lost or stolen, Rabobank will issue to you a replacement Visa Credit Card. You must give Rabobank a reasonable time to arrange cancellation and the issue of a replacement Visa Credit Card. If a replacement Visa Credit Card is issued to you where you have reported your Visa Credit Card as lost or stolen, you will be charged a Card Replacement Fee (or an Overseas Card Replacement Charge if you are overseas). Refer to the Financial Table for details of these fees. 7. Using your Visa Credit Card 7.1 Your Visa Credit Card is generally accepted anywhere the Visa logo is displayed in Australia and overseas. You can also use your Visa Credit Card at Eftpos terminals across Australia or to make purchases over the phone or via the internet. Some merchants however may choose not to accept Visa credit cards. You should always check with the merchant that it will accept your Visa Credit Card before you attempt to purchase any goods or services. 7.2 Your Visa Credit Card can be used to pay for Transactions that are under $ by using Visa paywave at Visa paywave participating merchants. Before authorising a Visa paywave Transaction by waving your Visa Credit Card over the merchant s enabled Visa paywave terminal, you must check that the correct amount is displayed on the Visa paywave terminal. If your Transaction exceeds $100.00, you will be required to enter your PIN. 7.3 We do not warrant that ATMs will always have money available or that all financial institutions will provide ATM services to you. You may be able to obtain cash by presenting your Visa Credit Card to a merchant or branch counter at a financial institution. In these circumstances, you may be required to provide suitable identification which identifies you as the holder of the Visa Credit Card. 7.4 You must not use your Visa Credit Card for any unlawful purpose, including the purchase of goods or services prohibited by the laws of Australia and/or the laws of the location where the Visa Credit Card is used or where the goods or services are provided. Should your Visa Credit Card be used for unlawful purposes, Rabobank may restrict you from accessing any available funds from your Card Account. 7.5 It is an offence under Australian law to conduct transactions on an account which may lead to an actual or attempted evasion of a taxation law, or an offence under any other Commonwealth or Territory law. Where Rabobank has reasonable grounds to suspect that such Transaction(s) have occurred on the Card Account, Rabobank is obliged to report such suspicion to the Australian Transaction Reports and Analysis Centre. Should your Visa Credit Card be used for unlawful purposes, Rabobank may restrict you from accessing any available funds from your Card Account. 7.6 To facilitate the processing of transaction information, your Visa Credit Card details and transaction details may be processed by Visa in countries other than Australia. By using your Visa Credit Card, you agree that information regarding any Transactions may be processed outside of Australia. Details of countries where processing may occur are included in the Rabobank Privacy Policy available on our website at Rabobank does not warrant or accept any responsibility if a merchant s Electronic Banking Terminal does not accept your Visa Credit Card. You should always check with the relevant merchant that it will accept your Visa Credit Card before purchasing any goods or services. 7.8 Rabobank is not responsible in the event that you have a dispute regarding the goods or services purchased with your Visa Credit Card. In the first instance, you should contact the merchant directly. If you cannot resolve the dispute with the merchant, Rabobank has the ability in certain circumstances to investigate Disputed Transactions on your behalf (refer to section 31 below for a list of the circumstances when Rabobank can investigate Disputed Transactions) and attempt to obtain a refund for you. Rabobank Visa Platinum Credit Card Conditions of Use 6
7 7.9 You should never sign a blank credit card transaction voucher. Doing this is like giving a merchant a signed blank cheque. Providing authorisation for an unspecified amount can leave you vulnerable to being charged non-standard and large amounts, without prior notification from the relevant merchant All Visa Credit Cards that are issued pursuant to this Credit Contract remain the property of Rabobank. You must return all Visa Credit Cards to us if we request that you do so You must not use your Visa Credit Card after the Expiry Date. 8. Using your Visa Credit Card outside Australia 8.1 All Transactions conducted overseas will be converted into Australian dollars. Transactions will either be converted directly into Australian dollars or will be first converted from the currency in which the Transaction was made into US dollars and then converted to Australian dollars by Visa. The conversion rate used is either: a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable processing date, which may vary from the rate Visa receives; or the government-mandated rate in effect for the applicable processing date. 8.2 A Currency Conversion Fee is payable by you when you make a Transaction on your Visa Credit Card in a currency other than Australian dollars, or you make a transaction on your Visa Credit Card in any currency (including AUD) that is processed by a card scheme or billed by the merchant outside of Australia (refer to the Financial Table). You will be advised by Rabobank whether a currency conversion fee applies and the amount of this fee at the time you apply for your Visa Credit Card. 9. Additional services attached to your Visa Credit Card 9.1 Visa Concierge Service (1) Upon activation of your Visa Credit Card, you and any Additional Cardholder are automatically enrolled in the Visa Platinum Concierge Service. You can call the Visa Platinum Concierge Service 24 hours a day, seven days a week through the Visa Platinum Customer Centre (VPCC). A list of the VPCC telephone numbers can be obtained by the Rabobank website at The Visa Platinum Concierge Services can also be accessed online by visiting or calling (2) The Visa Platinum Concierge Service is provided by Visa and its staff. The Visa Platinum Concierge Service is subject to change and may be withdraw at any time without notice. (3) Rabobank does not make any representations or warranties in relation to your access and use of the Visa Platinum Concierge Service (including any information or advice you receive from the VPCC). (4) Rabobank is not responsible in the event that you have a dispute regarding the goods or services purchased with your Visa Credit Card by accessing or using the Visa Platinum Concierge Service. Accordingly, you agree, in the first instance, to pursue all claims you have in respect of the goods and services purchased by you accessing or using the Visa Platinum Concierge Service with that relevant merchant or supplier. Rabobank has the ability in certain circumstances to investigate Disputed Transactions on your behalf (refer t o section 31 below for a list of the circumstances when Rabobank can investigate Disputed Transactions) and attempt to obtain a refund for you. (5) You are responsible for all costs, charges and expenses incurred by you as a result of you accessing or using the Visa Platinum Concierge Services. These costs, charges and expenses will be deducted from your Card Account (which will increase the balance owing to Rabobank). (6) Visa may impose additional terms and conditions that will apply if you use or access the Visa Platinum Concierge Services. 9.2 Insurance Insurance for travel accident insurance, emergency travel medical insurance and medical evacuation and repatriation services is automatically provided to the Primary Cardholder and Additional Cardholder(s). Rabobank Australia Limited (RBAL), the Insured, has entered into a Group Policy for overseas travel insurance with Allianz Australia Insurance Limited (ABN AFS licence No: ) (Allianz), the Insurer. AGA Assistance Australia Pty Ltd (ABN: , AFSL ) trading as Allianz Global Assistance is authorised by Allianz to arrange the Group Policy and deal with and settle any claims on its behalf and provides no advice. The benefit of the cover under the Group Policy is extended automatically to Rabobank Visa Platinum Credit Card where certain eligibility criteria are met (holders of Eligible Credit Cards or Eligible Persons). Eligible cardholders do not have their own policy or enter into a contract of insurance with Allianz. Subject to certain terms and conditions, holders of Eligible Credit Cards (Eligible Persons) have the right to recover their loss from Allianz solely by operation of section 48 of the Insurance Contracts Act 1984 (Cth). Rabobank is not the agent of Allianz or the Eligible Persons and does not receive any commission in relation to the cover provided under this Group Policy. Refer to the Allianz Global Assistance Travel Insurance Information Booklet for more information including the full Terms and Conditions and limits and exclusions that apply, available at Cover under this policy is available where at least 50% of the amount payable for the Overseas travel (including accommodation arrangements) for the Primary Cardholder of the Eligible Credit Card and any Accompanying Person(s) are paid using your Rabobank Visa Platinum Credit Card before the start of your Travel. Accompanying Persons means the Primary Cardholder s spouse (or legally recognised de facto) and /or Dependants (children or grandchildren not in full time employment who are under the age of 21) travelling with the Primary Cardholder for 100% of the Journey. The maximum cover provided, regardless of the number of persons the claims relate to is $1,000, ($AUD). Benefit limits and sublimits apply. There is no cover under this Group Policy while travelling in Australia, unless you are travelling on a domestic cruise in Australian waters or travelling to Norfolk Island and other external Australian Territories. 9.3 Visa Privilege Program (1) Visa operates a Visa Privileges Program whereby Visa negotiates special global offers (such as travel, entertainment, retail, dining and golf) with merchants. These special offers will automatically be available to the Primary Cardholder and any Additional Cardholder. (2) The Visa Privileges Program is subject to change and may be withdraw at any time without notice. (3) Rabobank does not make any representations or warranties in relation to your access and use of the Visa Privileges Program (including any information or advice you receive from Visa). (4) Rabobank is not responsible in the event that you have a dispute regarding the goods or services purchased with your Visa Credit Card by accessing or using the Visa Rabobank Visa Platinum Credit Card Conditions of Use 7
8 Privileges Program. Accordingly, you agree, in the first instance, to pursue all claims you have in respect of the goods and services purchased by you accessing or using the Visa Privileges Program with that relevant merchant or supplier. Rabobank has the ability in certain circumstances to investigate Disputed Transactions on your behalf (refer to section 31 below for a list of the circumstances when Rabobank can investigate Disputed Transactions) and attempt to obtain a refund for you. (5) You are responsible for all costs, charges and expenses incurred by you as a result of you accessing or using the Visa Privileges Program. These costs, charges and expenses will be deducted from your Card Account (which will increase the balance owing to Rabobank). (6) Visa may impose additional terms and conditions that will apply if you use or access the Visa Privileges Program. 9.4 Other Services (1) You are able to complete Transactions by using Internet Banking and Telephone Banking facilities that Rabobank provides to you in accordance with the Internet Banking Terms. (2) You may set up and establish direct debit arrangements which enable you to pay your Card Account. For full terms and conditions, refer to Appendix B Direct Debit Request Service Agreement. 10. Verified by Visa 10.1 Your Visa Credit Card has been automatically enrolled with Verified by Visa. Verified by Visa is a program designed to authenticate online transactions. This means that when you (or an Additional Cardholder) use your Visa Credit Card online to make a purchase at a Verified by Visa Participating Merchant, your identity (or the identity of the Additional Cardholder, as the case may be) may need to be validated In this clause 10, you refers to you, as the Primary Cardholder, or any Additional Cardholder as relevant in the circumstances You will be asked to validate your identity only when you attempt an online purchase from a Verified by Visa Participating Merchant and the relevant transaction is deemed to be high risk. A transaction may be deemed high risk if it is for a high value or an irregular purchase based on your previous Visa Credit Card transaction history In order to validate your identity, you will be asked to answer personal questions which we will match against your personal information that we have obtained from you If you are unable to validate your identity after three attempts, you will be unable to complete the transaction and your Visa Credit Card will be temporarily suspended. To have your Visa Credit Card manually unsuspended, you may contact Rabobank on If, after your Visa Credit Card has been unsuspended, you attempt an online transaction with a Verified by Visa Participating Merchant and again you are unable to validate your identity after three (3) attempts, your Visa Credit Card will be indefinitely suspended from use with all Verified by Visa Participating Merchants. To have your Visa Credit Card unsuspended, you must contact Rabobank on Online transactions that are attempted with Verified by Visa Participating Merchants and which are deemed to be very high risk transactions will be automatically declined without asking you to validate your identity. For assistance in these circumstances, contact Rabobank on Verified by Visa requires use of Microsoft Internet Explorer version 5.5 and above, Netscape Navigator 7.1 and above, Firefox or Safari internet browsers. 11. Transaction Limits 11.1 A maximum daily transaction limit applies to your Card Account for cash withdrawals through an ATM. The maximum daily transaction limit for ATMs is $1, Rabobank may set permanent and temporary limits on the minimum and maximum Transaction amounts Temporary restrictions may be imposed on your Card Account in circumstances where Transactions appear to be suspicious or fraudulent. For example, we may temporarily reduce the Credit Limit in order to reduce the remaining funds available on your Card Account. In these circumstances, we will use reasonable endeavours to notify you that we have imposed a temporary restriction on your Card Account Where we impose a new permanent minimum or maximum transaction limit on your Card Account or vary an existing permanent minimum or maximum transaction limit on your Card Account, we will inform you of this change in accordance with the requirements set out in section 34 of these Conditions of Use. Please note merchants may impose their own transaction limits or restrictions on the amount of cash or value that a cardholder may obtain with a Visa Credit Card. 12. Credit Limit 12.1 Subject to any transaction limits which we may impose in accordance w ith section 11, Rabobank will make funds available to you up to the Credit Limit. The Credit Limit applies to the Card Account and there is not an additional Credit Limit for any additional Visa Credit Card that is issued 12.2 If a Transaction is presented for processing which would cause the Unpaid Daily Balance to exceed the Credit Limit, (whether caused by you approving the Transaction at an Electronic Banking Terminal or otherwise), you agree that this will operate as a request from you for us to consider whether to honour the Transaction. We may charge the dishonour fee set out in the Financial Table if we decide not to honour a Transaction Transactions which are below certain monetary limits (which are set by the relevant merchant s financial institution) and where no electronic approvals are in place or Transactions that are processed manually are not submitted to us for an assessment of whether they would cause the Unpaid Daily Balance to exceed the Credit Limit before they proceed. Accordingly, in these circumstances your Unpaid Daily Balance may exceed your Credit Limit without our authorisation If you conduct a Transaction which results in your Unpaid Daily Balance exceeding your Credit Limit, Rabobank is not increasing your Credit Limit. If the Credit Limit is exceeded without Rabobank approval, you must immediately repay to Rabobank any amount in excess of your Credit Limit. In these circumstances, Rabobank: (1) within 2 business days of becoming aware that you have exceeded your Credit Limit, will contact you to notify you that your Unpaid Daily Balance has exceeded your Credit Limit; and (2) until you have repaid any amount in excess of your Credit Limit, may prevent you and your Additional Cardholders from using your Visa Credit Card. Rabobank Visa Platinum Credit Card Conditions of Use 8
9 Rabobank may not contact you in these circumstances if you have already repaid the amount in excess of your Credit Limit within that period of 2 business days You may ask Rabobank to permanently or temporarily increase your Credit Limit at any time. Rabobank is not required to agree to any such request. If Rabobank forms the view that your financial circumstances do not justify a permanent or temporary increase in your Credit Limit (in Rabobank s opinion) or the increase in the Credit Limit is unsuitable for you (in Rabobank s opinion), Rabobank will not agree to increase your Credit Limit. Rabobank may only increase your Credit Limit at your request or with your written consent. However, Rabobank may reduce your Credit Limit or stop providing further credit without your consent. In these circumstances, Rabobank will give you written notice prior to Rabobank reducing your Credit Limit (refer to section 33) unless circumstances exist where we reasonably believe that your use of the Visa Credit Card or Card Account may cause loss to you or Rabobank. This could include circumstances where you are in default pursuant to the terms and conditions set out in this Credit Contract or where Rabobank suspects that your Visa Credit Card or Card Account has been compromised. You can request that Rabobank reduce your Credit Limit at any time by contacting our Client Services. To have your Credit Limit reduced, your Unpaid Daily Balance must be less than the requested Credit Limit. 13. Monthly Spend Limits 13.1 For each Visa Credit Card (including any Visa Credit Card of an Additional Cardholder) that is attached to the Card Account, the Primary Cardholder may set a Monthly Spend Limit. If no Monthly Spend Limit is set by you for a Visa Credit Card, the Monthly Spend Limit applicable for that Visa Credit Card defaults to the available balance remaining on the Card Account (being the Credit Limit minus the Unpaid Daily Balance) A Monthly Spend Limit may be set by the Primary Cardholder by: in relation to the Primary Cardholder s Visa Credit Card, the Primary Cardholder requesting this at the time of submitting the credit card application to the Rabobank; in relation to an Additional Cardholder s Visa credit Card, setting this at the time the Primary Cardholder completes the application requesting that the additional Visa Credit Card be attached to the Card Account; or contacting our Client Services on In these circumstances, Rabobank will then immediately arrange for the applicable Monthly Spend Limit to apply to the relevant Visa Credit Card and such request usually will take effect within one hour of Rabobank receiving the request The Monthly Spend Limit for a Visa Credit Card resets at the start of each statement period. If, in any relevant month, the Monthly Spend Limit is reached for a Visa Credit Card, the relevant cardholder (being the Primary Cardholder or the Additional Cardholder) will not be able to perform any further Transactions on the Card Account using the relevant Visa Credit Card until such time as the Monthly Spend Limit resets. In these circumstances the Primary Cardholder may contact Rabobank to increase the Monthly Spend Limit for the applicable Visa Credit Card, however any such increase that is requested by the Primary Cardholder will be permanent, until you contact Rabobank to change the Monthly Spend Limit in accordance with section 13.4 below The Primary Cardholder must contact Rabobank if you wish to reduce or increase a Monthly Spend Limit. Rabobank will then arrange for the Monthly Spend Limit to be reduced or increased. Such request will usually take effect within one hour after Rabobank receives the request subject to any requisite credit approval process When an Additional Cardholder completes Transactions, this will increase the Unpaid Daily Balance. An Additional Cardholder will be restricted from accessing his or her Monthly Spend Limit in circumstances where the Unpaid Daily Balance equals or exceeds the Credit Limit Any repayments to the Card Account are applied to reduce the Unpaid Daily Balance (see section 20.3 below) and are not applied to any Monthly Spend Limit If the Primary Cardholder or an Additional Cardholder (as the case may be) exceeds his or her Monthly Spend Limit applicable to their Visa Credit Card, any recurring payment arrangements that are established by the that cardholder may not be processed and in such circumstances, the relevant cardholder will be required to contact the relevant merchant to discuss alternative payment methods. 14. Authorisations and processing of Transactions 14.1 Certain Transactions on your Card Account may need to be authorised by us before they can proceed. In these circumstances, prior to the Transaction being completed, the relevant merchant s financial institution will obtain authorisation from us for the Transaction to be processed. Once authorisation is obtained, it will reduce the amount of available funds on your Card Account. If circumstances occur where authorisation is obtained from us but the relevant Transaction is not completed, your available funds may be reduced for a certain period of time Transactions will not necessarily be processed to your Card Account on the same day that you conduct the relevant Transaction. The date that Rabobank processes a Transaction and applies that Transaction to your Card Account is referred to as the Transaction Statement Date. The Transaction Statement Date is the date that appears on your Monthly Credit Card Statement. Rabobank will calculate all interest charges from the Transaction Statement Date unless section 19 provides otherwise Where you make multiple Transactions on your Card Account on the same day, they are posted to your account in the same order as they are processed Rabobank may subsequently adjust the Transaction Statement Date of Transactions in relation to your Card Account to correctly reflect the legal obligations of you and Rabobank (for example, if a manual Transaction is incorrectly processed Rabobank has the right to refuse authorisation for you to effect any Transaction if: Rabobank has suspended your Card Account in accordance with these Conditions of Use (re fer to section 24); or the Transaction will result in your Unpaid Daily Balance exceeding your Credit Limit. 15. Statements and receipts 15.1 A printed transaction record will be available for each Transaction carried out with your Visa Credit Card at an Electronic Banking Terminal You should always check the Transaction amount indicated on any printed transaction record is correct before you sign it or Electronic Banking Terminal is correct before entering your PIN. Rabobank Visa Platinum Credit Card Conditions of Use 9
10 15.3 You should obtain, check and retain all printed transaction records (including sales and cash advance records) issued to you for checking against your Monthly Credit Card Statements Rabobank will send to the Primary Cardholder a Monthly Credit Card Statement monthly (unless the Card Account has a nil balance and no Transactions have occurred since the last statement period). All amounts shown on the Monthly Credit Card Statement will be in Australian dollars You may request an additional copy of your Monthly Credit Card Statement at any time however fees and charges will apply. Refer to the Financial Table The date your Monthly Credit Card Statement is issued is called the statement date and the period from one statement date to the next statement date is called the statement period There is no facility available to make repayments overseas. However, if you are overseas when a payment is due, you must still ensure that any minimum repayments are made In July each year, Rabobank will send to the Primary Cardholder a Year-End Spend Summary Statement. All amounts shown on the Year-End Spend Summary Statement will be in Australian dollars. You may request an additional copy of your Year-End Spend Summary Statement at any time however fees and charges will apply. Refer to the Financial Table. 16. Transactions debited to your Card Account 16.1 Rabobank will deduct from your Card Account balance (which will increase the balance owing to Rabobank) the value of all Transactions carried out by the use of your Visa Credit Card. Rabobank will (in the first instance) consider a Transaction as having been authorised by you when: you conduct a Transaction; your Visa Credit Card is used to conduct a Transaction; or your Visa Credit Card is presented to a merchant (or someone else on behalf of a merchant) in a way acceptable to Rabobank Fraudulent transactions can occur on your Visa Credit Card. Where you advise Rabobank that a Transaction that has been debited from your Card Account balance (which will increase the balance owing to Rabobank) is fraudulent, unauthorised or disputed, Rabobank will investigate and review that Transaction in accordance with section 31 of these Conditions of Use All Purchases, Cash Advances, Balance Transfers, interest charges and fees and charges will be debited from your Card Account balance in accordance with these Conditions of Use. All amounts debited from your Card Account will form part of your Unpaid Daily Balance. 17. Fees and charges 17.1 The fees and charges outlined in the Financial Table apply. You agree to pay to Rabobank all fees and charges that are set out in the Financial Table. Rabobank will deduct these fees and charges from your Card Account balance (which will increase the balance owing to Rabobank) by debiting the amount of the fee or charge in accordance wi th this section 17 and the Financial Table. All fees and charges that are set out in the Financial Table are inclusive of GST If you consider Rabobank has incorrectly charged you a fee or charge, you may dispute this by contacting Rabobank in accordance with section 31. Any incorrectly charged fee or charge will be reversed by Rabobank The Card Account will be debited (which will increase the balance owing to Rabobank) with the Annual Card Fee following activation by the Primary Cardholder of the Card Account, unless the Card Account features a waiver of the first year s Annual Card Fee. This Annual Card Fee is then charged in subsequent years on each anniversary after the activation of the Card Account, unless waived by Rabobank. Refer to the Financial Table When an Additional Cardholder activates an Additional Cardholder s Visa Credit Card, the Additional Cardholder Fee will be debited from the Card Account balance (which will increase the balance owing to Rabobank). This Additional Cardholder Fee is then charged in subsequent years on each anniversary after the activation of the Additional Cardholder s Visa Credit Card. 18. Government fees and charges Rabobank reserves the right to pass on to you any fees, charges, duties and taxes that are imposed on the use of your Visa Credit Card by any government or by any regulatory authority. You authorise Rabobank to debit your Card Account balance (which will increase the balance owing to Rabobank) with those fees, charges, duties and taxes. 19. Interest charges 19.1 Calculation of Interest Charges Interest on outstanding Cash Advances may be charged differently to interest charged on outstanding Non-Cash Advances Cash Advances For all Cash Advances, interest is calculated on the value of the Transaction from and including the Transaction Statement Date. The Annual Percentage Rate that applies to Cash Advances is shown in the Financial Table. No interest-free period applies for Cash Advances. Refer to section below. Accordingly, you will be charged interest on all Cash Advances in accordance with section Non-Cash Advances For all Non-Cash Advances, interest is calculated on the value of the Transaction from and including the Transaction Statement Date. However, if an interest-free period applies, interest will not be charged during that period and you will not have to pay any interest on the value of transactions made during that period if you pay the full amount of the Closing Balance set out in the Monthly Credit Card Statement for that period by the due date specified in that Monthly Credit Card Statement. Refer to sections 19.7 to below. The Annual Percentage Rate that applies to Non-Cash Advances is shown in the Financial Table Balance Transfers If a Balance Transfer Offer applies, then the Annual Percentage Rate that applies for Balance Transfers (which is set out in the Financial Table or any written promotion that we offer), will apply to all Balance Transfers up until the expiry date that is set out in the Financial Table or on any written promotion that we offer. After this expiry date has passed, the Unpaid Daily Balance on any Balance Transfers that remains unpaid will be subject to the Annual Percentage Rate that applies for Cash Advances Special Promotions Rabobank Visa Platinum Credit Card Conditions of Use 10
11 If a Special Promotion applies, then the Annual Percentage Rate that applies during the period of the Special Promotion will be set out in the Financial Table or any written promotion that we offer. If you do not repay the amount of any Transaction that applies to the Special Promotion by the relevant expiry date of that Special Promotion, then from that date: (1) where the relevant Transaction is a Non-Cash Advance, then the unpaid amount of the relevant Transaction will be treated as a Non-Cash Advance and interest will be charged on that Transaction and any such Interest Charges in accorda nce with section 19.3; or (2) where the relevant Transaction is a Cash Advance, then unpaid amount of the relevant Transaction will be treated as a Cash Advance and interest will be charged on that Transaction in accord ance with section 19.2 but the unpaid amount of any such Interest Charges will be treated as a Non-Cash Advance and interest will be charged on that Transaction and any such Interest Charges in accordance with section Calculation of Interest Charges The interest charges on: (1) all Cash Advances; and (2) all Non-Cash Advances; and (3) any Transactions where a Balance Transfer Offer or Special Promotion applies, are calculated daily, by applying the Daily Interest Rate separately to the Unpaid Daily Balances of Cash Advances, and Non-Cash Advances and any Transactions where a Balance Transfer Offer or Special Promotion applies. The total amount of interest charges debited to the Card Account balance (which will increase the balance owing to Rabobank) is the sum of the interest charges on: (4) all Cash Advances; and (5) any Non-Cash Advances not receiving the benefit of any interest-free period (refer to sections 19.7 to below); and (6) any Transactions where a Balance Transfer Offer or Special Promotion applies, for the number of days in the statement period. All interest charges for the relevant statement period will be deducted from the Card Account balance (which will increase the balance owing) on the last day of the relevant statement period Interest-free period for Purchases If an interest-free period applies to a Purchase, it will consist of: (1) the initial interest-free days which starts from the Transaction Statement Date and ends on the statement date (being the date the Monthly Credit Card Statement is issued); and (2) further interest-free days which starts after the statement date (being the date the Monthly Credit Card Statement is issued) and ends on the due date or payment date (whichever comes first). Each Monthly Credit Card Statement sets out your Closing Balance on the Card Account at the end of the statement period and the due date for payments for that statement period. The date your Monthly Credit Card Statement is issued is called the statement date When does the initial interest free days condition apply? The initial interest-free days will apply to Purchases if you pay the Closing Balance in full by the due date shown on the Monthly Credit Card Statement that immediately precedes the relevant Purchases When does the further interest free days condition apply? Purchases will have further interest-free days, only if: (1) you have paid the Closing Balance in full by the due date shown on the Monthly Credit Card Statement that immediately precedes the relevant Purchases (i.e. the initial interest-free days condition has been met); and (2) you pay the Closing Balance in full by the due date shown on the Monthly Credit Card Statement that records the relevant Purchases How many further interest free days apply to the Card Account? Your Financial Table sets out the maximum number of interestfree days that apply to Purchases. The number of interest-free days will depend on the date of the relevant Purchase and the due date to pay the Closing Balance for the relevant statement period What happens if payment is not made in full? If you do not pay the full amount of the Closing Balance on a Monthly Credit Card Statement in full by the due date shown on that Monthly Credit Card Statement, then interest will be charged on: (1) any unpaid Purchases outstanding from the previous Monthly Credit Card Statement; and (2) all new Purchases. This means that no interest-free period will apply to Purchases made in the current statement period Will an interest-free period apply to all Transactions on your Visa Credit Card? No. An interest-free period will not apply to Cash Advances or Balance Transfers at any time or any Transactions where the full Closing Balance is not repaid by the due date. 20. Payments 20.1 Minimum payment required (1) Where your Closing Balance on your Monthly Credit Card Statement shows an amount owing, you must pay the minimum amount owing by the due date as specified on the Monthly Credit Card Statement. (2) The minimum amount owing is calculated as the greater of $20 or 2% of the Closing Balance. Where your Closing Balance for the relevant Monthly Credit Card Statement is less than $20, the full Closing Balance is payable. (3) If you do not pay the minimum amount owing as shown on your Monthly Credit Card Statement by the due date, Rabobank will charge you a Late Payment Fee (refer to the Financial Table for a description of the amount of this fee and when it will be debited from your Card Account balance (which will increase the balance owing to Rabobank)). (4) You may pay more than the minimum amount owing and may pay all of the Closing Balance. However, if you do this, it does not affect your obligation to pay in full the minimum amount owing that may be due in any subsequent month. (5) Unless Rabobank otherwise notifies you, the due date for payment is the 25th day of the month following the Rabobank Visa Platinum Credit Card Conditions of Use 11
12 statement period to which the relevant Monthly Credit Card Statement relates. If the due date would fall on a weekend day or a Sydney public holiday, the due date will be the following Business Day How and where you can make payments (1) You may make payments to Rabobank by: direct debit from approved accounts. (Payments cannot be made from other credit card accounts or charge cards.) If you wish to use this method of payment, you will be required to complete a Direct Debit Request. This form can be downloaded by visiting www. rabobank.com.au or alternatively calling our Client Services on ; by BPAY payment, through your financial institution from your nominated savings or cheque account; or by any other means as advised by Rabobank from time to time. (2) You cannot send cash to Rabobank as a means of payment. (3) Payments made to your Card Account may not be credited to your Card Account balance (i.e. your balance owing to Rabobank may not be reduced) on the day of lodgement of the payment. The processing of payments can take a number of days. You should allow sufficient time for payment to be received and processed by Rabobank before the due date. (4) You must always pay us in Australian dollars. (5) If an interest free period applies in respect of a Purchase, the minimum amount owing set out in a Credit Card Statement is calculated by including the amount of all unpaid Purchases regardless of the interest free period How we apply your payments All payments made to your Card Account will be applied to credit your Card Account balance (which will reduce the amount owing to Rabobank) in the following order: firstly, to those parts of the Closing Balance on the Card Account (for the end of the previous statement period) that remain payable to Rabobank: (1) which attracts the highest rate of interest; and (2) next, to any part of that Closing Balance that attracts the next highest rate of interest and so on; secondly, to those parts of the Card Account balance (that remains owing to Rabobank after application of payments under the first paragraph of this section) deriving from any Balance Transfer amount; thirdly, to those parts of the Card Account balance (that remain owing to Rabobank after application of payments under the first and second paragraphs of this section): (1) deriving from the earliest Purchases; and (2) next, to that part of the balance derived from the next earliest Purchases and so on; and finally, to those parts of the Card Account balance (that remain owing to Rabobank after application of payments under the first three paragraphs of this section): (1) deriving from the earliest Cash Advances; and (2) next, to that part of the balance derived from the next earliest Cash Advances and so on Refunds Subject to clause 32.3, any refund that is processed on your Card Account will reduce the Unpaid Daily Balance, but will not otherwise affect the calculation of interest charges. However, any refund that is processed by Rabobank will not be deemed to be a payment by you and in these circumstances you will still be required to pay the minimum amount owing by the due date as specified on the Monthly Credit Card Statement. 21. Regular payment arrangements 21.1 You are encouraged to maintain a record of all regular payments you arrange with merchants (including the merchant s name, contact details and the amount(s) and date(s) upon which payments are to be processed). Regular payments can be either a recurring payment or an instalment payment. A regular payment arrangement represents an agreement between you and a merchant in which you preauthorise the relevant merchant to bill your Card Account at predetermined intervals (e.g. monthly or quarterly) or at intervals as agreed by you. The amount may differ or be the same for each transaction. For example, you may ask your local gymnasium to charge your monthly gym membership fee to your Card Account each month or you may have purchased a new television from your local appliance store and are being billed by the merchant in subsequent multiple periods. A template for recording your regular payment arrangements is available from the Australian Payments Clearing Association website ( To either change or cancel any regular payment arrangement, you should contact the relevant merchant at least 15 days prior to the next scheduled payment. Until you notify the merchant, Rabobank is required to process transactions from the merchant. If possible, you should retain a copy of any request to change or cancel any regular payment arrangement. If the merchant does not comply with your request to cancel or change the regular payment arrangement, you may be able to dispute the charges Should your Card Number be changed (i.e. as a result of a lost or stolen card), you must request the merchant(s) to change the details of your existing regular payment arrangement(s). If you do not undertake to notify the merchant of a change in your Visa Credit Card details, your existing regular payment arrangement may either not be honoured by Rabobank or the merchant may stop providing the goods and/or services to you Should you elect to close your Card Account or you Card Account is closed by us, you should contact all merchants with whom you have a regular payment arrangement to revise your regular payment arrangement details as failure to do so may result in the merchant failing to provide you with the relevant goods and/or services. 22. Complaints and the dispute resolution scheme If you have a complaint or dispute relating to your Visa Credit Card, you should immediately contact Rabobank on Alternatively, should you wish to make a complaint in writing, please address your correspondence to: Client Services Manager Rabobank GPO Box 4577 SYDNEY NSW 2001 If you are not satisfied with our internal complaints resolution procedures, you have the right to complain to the following independent external complaints resolution body of which we are a member: Financial Ombudsman Service Limited GPO BOX 3 MELBOURNE VIC 3001 Telephone: PO Box A252 Rabobank Visa Platinum Credit Card Conditions of Use 12
13 23. Renewal of your Visa Credit Card 23.1 Rabobank will forward to you and any Additional Cardholder a replacement Visa Credit Card before the Expiry Date of your current Visa Credit Card or additional Visa Credit Card (providing you are not otherwise in default under the Credit Contract refer to section 25 below) If you do not require a replacement Visa Credit Card, either for yourself or an Additional Cardholder, you must notify Rabobank before the Expiry Date of your current Visa Credit Card or additional Visa Credit Card. You must give Rabobank a reasonable time to arrange cancellation of the issue of a replacement Visa Credit Card Rabobank may issue a new Visa Credit Card to you or any Additional Cardholder at any time. All such cards are subject to these Conditions of Use. Typically Rabobank will do this in circumstances where it considers that the security of your Visa Credit Card or PIN may have been compromised or where Rabobank is required to issue new cards to all its cardholders as a result of Visa scheme rule changes. In these circumstances, you will not be charged a Card Replacement Charge. Without limiting section 24, we may cancel your (or any Additional Cardholder s) Visa Credit Card when we issue a new Visa Credit Card for security reasons, and you will no longer be able to use the old Visa Credit Card at Electronic Banking Terminals. 24. Cancelling your Card or Card Account 24.1 We may close your Card Account and/or cancel your Visa Credit Cards at any time: (1) for security reasons where the Visa Credit Card has been or is reasonably suspected by Rabobank to have been compromised and such compromise has been caused directly by you, an Additional Cardholder or other third party as a result of your conduct; (2) if you are in default p ursuant to section 25.1 and you fail to remedy that default within 30 days after receiving notice from us in accordance with section 25.2; or (3) if you are in default pursuant to section If these circumstances arise, Rabobank will notify you that your Card Account has been closed or that your Visa Credit Card has been cancelled You may cancel your Card Account at any time by giving Rabobank notice in writing or telephoning our Client Services on In these circumstances, you must either return all Visa Credit Cards to us (cut in half for your protection (including cutting the chip on the Visa Credit Card in half)) or confirm by telephone that all Visa Credit Cards have been destroyed and that you have disposed of the pieces securely. You must then write to Rabobank to confirm cancellation of the Visa Credit Card. Pl ease refer to section 2.3 for details on how to cancel an additional Visa Credit Card Rabobank may restrict the ability for you to access any available funds on your Card Account and prevent you and your Additional Cardholders from using your Visa Credit Card in circumstances where you are in default in a ccordance with section 25.1 and Rabobank has notified of the default and advised you that it will restrict your Card Account if you do not rectify the relevant default in accordance with the timeframes set out in the notice Rabobank provided to you. Rabobank will provide you with at least 7 days notice of its intention to suspend your Card Account due to such a default Subject to the ability of Rabobank to demand immediate repayment in a ccordan ce with sections 25.2 or 25.3, this Credit Contract remains in force when a Visa Credit Card is cancelled or the Card Account is closed in acc ordance with this section 24 until the Closing Balance on your Card Account has been repaid in full and any amounts subsequently debited from your Card Account balance (which will increase the balance owing to Rabobank) in accordance with this Credit Contract are p aid S ubject to sections 25.2 or 25.3 below, where we have restricted your Card Account or you have cancelled your and your Additional Cardholder s Visa Credit Cards, having the effect of removing all future access to any available funds, you must continue to pay at least the minimum amount owing as shown on your Monthly Credit Card Statement each month until the Closing Balance of the Card Account is paid in full. In these circumstances, fees, charges and interest will continue to be debited from your Card Account balance (which will increase the balance owing to Rabobank) in accordance with the terms and conditions set out in this Credit Contract You must not use your Visa Credit Card after it has been cancelled or restricted or your Card Account has been restricted or closed. In some circumstances your Visa Credit Card may be used for store purchases which are below certain monetary limits (which are set by the relevant merchant s financial institution) and where no electronic approvals are in place or if a Transaction is processed manually. If you use your Visa Credit Card after it has been cancelled or restricted or your Card Account has been closed in these circumstances then you will be liable to Rabobank for the value of any Transaction as well as any reasonable costs incurred by Rabobank in collecting the amounts owing which include interest calculations at the rate that applied prior to your Card Account being closed. Any such amounts are immediately due and owing upon demand by Rabobank Should you elect to close your Card Account or your Card Account is closed by us, you should contact all merchants with whom you have a regular payment arrangement to revise your regular payment arrangement details as failure to do so may result in the merchant failing to provide you with the relevant goods and/o r services (refer to section 21 for further details). 25. Default 25.1 You are in default under this Credit Contract if: you breach the terms and conditions set out in these Conditions of Use and that breach is of a serious nature. This includes failure by you to pay the whole of any amounts due on or before the due date; Rabobank reasonably believes that you gave to Rabobank false, misleading or deceptive information; or you commit an act of bankruptcy or enter into any assignment, arrangement or composition with any creditors Where you are in defau lt in accordance with section 25.1, before we require immediate repayment in full of all amounts owing by you to Rabobank in accordance with this Credit Contract and prior to us commencing any enforcement action, we will provide you with 30 days written notice to allow you an opportunity to remedy the default. If you do not remedy the default in accordance with the timeframes specified in the written notice we provide you, then Rabobank may require immediate payment of all amounts owing by you under this Credit Card and may commence enforcement action. Rabobank Visa Platinum Credit Card Conditions of Use 13
14 25.3 Rabobank is not required to give you notice before commencing enforcement proceedings in circumstances where: we believe on reasonable grounds that we were induced by fraud on your part to enter into this Credit Contract; we have made reasonable attempts to locate you but have not been successful; or the Court authorises us to begin enforcement proceedings It is important that you update your contact details with Rabobank when they change to ensure that they stay current and up to date You may have to pay reasonable enforcement expenses and costs under these Conditions of Use, including any amount reasonably incurred by Rabobank staff and facilities, in the event of a breach of the Credit Contract. All enforcement expenses and costs must be reasonably incurred by Rabobank. These enforcement expenses will become payable by you after Rabobank has given you 21 days notice of these expenses. After 21 days after you have received notice, Rabobank may debit your Card Account balance (which will increase the balance owing to Rabobank) for such amounts without being required to give further notice to you. 26. Hardship 26.1 Rabobank understands that some situations can bring about financial stress, including illness or injury and changes to employment. If you are experiencing financial difficulties please call Client Services on to discuss options and solutions which may be available to you You can ask Rabobank to postpone your repayments or reduce the amount of your repayments by making an application. After you notify Rabobank that you consider yourself unable to meet you obligations under the Credit Contract, Rabobank must respond to you in writing about its decision on whether it agrees or declines to vary your Credit Contract on the basis of hardship. Rabobank must provide this response to you within 21 days of your request, or within 21 days of receiving further information from you if we have requested further information. If Rabobank has requested further information from you but has not received that further information, it must provide its written response to you within 28 days of requesting further information. If Rabobank refuses your hardship application, it must give reasons. If you think these reasons are unfair, you may contact Rabobank s external dispute re solution provider (see section 22 for details). 27. Unclaimed monies on expiry or closure of Card Account 27.1 If there is a credit balance on your Card Account and your Card Account has been inactive (no credit or debit transactions have been made on your Card Account) for 3 years or more, your Card Account will be closed. We will notify you using the contact details we hold for you, before closing the Card Account. When your Card Account has been closed in these circumstances and the credit balance on your Card Account is greater than $500, Rabobank will remit this amount to the Commonwealth of Australia. In this event, you can claim these monies by contacting the Australian Securities & Investment Commission online at Whilst a credit balance remains on your Card Account and your Card Account has not been closed, you will continue to be charged the Annual Card Fee, until such time as your credit balance is reduced to zero. 28. Special Promotions We may make available a Special Promotion on such terms and conditions as we determine, including: the Transactions which are eligible for the Special Promotion; and the period of time the Special Promotion is available. 29. Your liability in case your Visa Card is lost or stolen or in the case of unauthorised use 29.1 You are not liable for any loss arising from unauthorised use of your Visa Credit Card: (a) where the losses are caused by the fraudulent or negligent conduct of: (i) Rabobank; (ii) employees or agents of Rabobank; (iii) companies involved in networking arrangements; or (iv) merchants or agents or employees of merchants; (b) before you have actually received your Visa Credit Card and PIN and acknowledged receipt of your Visa Credit Card and PIN to Rabobank (such as by activating the Visa Credit Card); (c) subject to section 24.5, where the losses relate to any component of your Visa Credit Card or PIN being forged, faulty, expired or cancelled; (d) where the losses are caused by the same transaction being incorrectly debited more than once to your Card Account; (e) after you have reported it lost or stolen; (f) if you did not contribute to any unauthorised use of your Visa Credit Card; or (g) if the unauthorised transaction was made using your Visa Credit Card information without use of your actual Visa Credit Card or PIN For the purpose of section 30.1(b), there is a presumption that you did not receive your Visa Credit Card unless Rabobank can prove that you received your Visa Credit Card by, for example, obtaining an acknowledgement of receipt from you or (if applicable) obtaining record of your activating your Visa Credit Card For the purpose of section 29.1(f), Rabobank will undertake an assessment to consider whether you have contributed to the loss caused by the unauthorised use of your Visa Credit Card. This assessment will include a review of whether you: (a) voluntarily disclosed your PIN to anyone, including a family member or friend; (b) voluntarily allowed someone else to observe you entering your PIN into an Electronic Banking Terminal; (c) wrote or indicated your PIN on your Visa Credit Card; (d) wrote or indicated your PIN (without making any reasonable attempt to disguise the PIN) on any article carried with your Visa Credit Card or likely to be lost or stolen at the same time as your Visa Credit Card; (e) allowed anyone else to use your Visa Credit Card; (f) unreasonably delayed notification of: (i) your Visa Credit Card or PIN record being lost or stolen; (ii) unauthorised use of your Visa Credit Card; or (iii) the fact that someone else knows your PIN; or Rabobank Visa Platinum Credit Card Conditions of Use 14
15 (g) in relation to a transaction carried out at an ATM, whether the ATM incorporated reasonable safety standards that mitigated the risk of your Visa Credit Card being left in the ATM Where a transaction can be made using your Visa Credit Card but does not require your PIN, you are liable only if you unreasonably delay reporting the loss or theft of your Visa Credit Card If Rabobank considers that it can prove on the balance of probability that you have contributed to the unauthorised use of your Visa Credit Card under section 29.3, your liability will be the lesser of: (a) the actual loss when less than your Card Account balance (including the unused portion of your Credit Limit); (b) your Card Account balance (including the unused portion of your Credit Limit); (c) in relation to Transactions carried out at Electronic Banking Terminals an amount calculated by adding the actual losses incurred for each day or for each relevant period, up to the current daily or other periodic withdrawal limit, on which unauthorised use occurred before you reported the loss, theft or unauthorised use of your Visa Credit Card or breach of PIN security, up to and including the day you make your report; or (d) the amount for which you would be held liable if Visa s scheme rules or other relevant card scheme rules applied (if you wish to find out what card scheme rules apply to transactions made using your Visa Credit Card, please contact Rabobank) In assessing liability under section 29.5(c): (a) where your Visa Credit Card has been lost or stolen, the number of days will be calculated by reference to the day when you should reasonably have become aware that it was lost or stolen; and (b) the current daily withdrawal limit is the limit applicable at the time of the Transaction, by reference to the status and/or type of Electronic Banking Terminal at which the Transaction occurred Where a code (e.g. a PIN) was required to perform the unauthorised Transaction and it is unclear whether or not you have contributed to any loss caused by unauthorised use of your Visa Credit Card, your liability will be the lesser of: (a) $150, or a lower figure determined by Rabobank; (b) your Card Account balance (including the unused portion of your Credit Limit); (c) the actual loss at the time Rabobank is notified of the loss or theft of your Visa Credit Card or the breach of your PIN security, excluding the portion of the losses incurred on any one day which exceeds any relevant daily transaction or other periodic transaction limit; or (d) the amount for which you would be held liable if Visa s scheme rules or other relevant card scheme rules applied (if you wish to find out what card scheme rules apply to transactions made using your Visa Credit Card, please contact Rabobank) In assessing your liability under this section 29: (a) Rabobank will consider all reasonable evidence including all reasonable explanations for an unauthorised use having occurred; (b) the fact that an account is accessed with the correct PIN, while significant, is not of itself conclusive evidence that you have contributed to the loss; (c) the use or security of any information required to perform a transaction that you are not required to keep secret (for example, your Visa Credit Card Number and Expiry Date) is not relevant to your liability; and (d) the portion of losses incurred that you and the Financial Institution had not agreed could be accessed using the Visa Credit Card and/or PIN that was used to perform the unauthorised transaction shall be excluded from the calculation of your liability The guidelines set out at the beginning of these Conditions of Use to safeguard your Card Account, are the minimum security measures you should take. If you disagree with Rabobank s resolution process, you should contact Rabobank and request that Rabobank review its decision in accordance with section Visa zero liability 30.1 In addition to the limits placed on your liability described in section 29 above, Visa s scheme rules provide that Rabobank shall limit your liability to nil in the following circumstances: (1) the unauthorised Transactions were not effected at an ATM; including Transactions effected prior to notification of: (i) the unauthorised Transactions; or (ii) the lost or stolen Visa Credit Card, by you to Rabobank. (1) you have not contributed to any loss caused by unauthorised use of your Visa Credit Card as described in section 29.3; and (2) you have provided all reasonably requested documentation to Rabobank, which may include provision of a statutory declaration and police report Where this Visa zero liability section applies, Rabobank will endeavour to refund the amount of the unauthorised Transactions within 24 hours, subject to: (1) you having provided all reasonably requested information to Rabobank; (3) you are not otherwise in default or have breached these Conditions of Use; (4) your Card Account is not in arrears, other than as a result of the unauthorised Transactions; and (5) Rabobank has not reasonably determined that further investigation is necessary before refunding the amount of the unauthorised Transactions based on: (iii) the conduct of the Card Account; (iv) the nature and circumstances surrounding the unauthorised Transactions; and (v) any delay in notifying Rabobank of the unauthorised Transactions Any refund is conditional upon the final outcome of Rabobank investigation of the matter and may be withdrawn by Rabobank where it considers that this section shall not apply as a result of that investigation. In making any determination in respect of this section, Rabobank will comply with the requirements of section 31 of the Conditions of Use. 31. Resolving errors on account statements 31.1 If you believe a Transaction is wrong or unauthorised or your account statement contains any instances of unauthorised use or errors, you must immediately notify Rabobank by calling Client Services on As soon as possible, you must also provide Rabobank the following: Rabobank Visa Platinum Credit Card Conditions of Use 15
16 your name and address, account number and Visa Credit Card Number; details of the Transaction or the error you consider is wrong or unauthorised; a copy of the Monthly Credit Card Statement in which the unauthorised Transaction or error first appeared; the dollar amount and an explanation as to why you believe it is an unauthorised Transaction or an error; details other users authorised to operate the account; and details of whether your Visa Credit Card is signed and your PIN secure If Rabobank is unable to settle your complaint immediately to your satisfaction, it will advise you in writing of the procedures for further investigation and resolution and may request further relevant details from you If Rabobank finds that an error was made, it will make the appropriate adjustments to your Card Account including interest and charges (if any) and will advise you in writing of the amount of the adjustment When Rabobank advises you of the outcome of its investigations, it will; give you reasons in writing for its decisions by reference to these Conditions of Use and the epayments Code; advise you of any adjustments it has made to your Card Account; and advise you in writing of other avenues of dispute resolution (including Rabobank external dispute resolution Scheme), if you are not satisfied with Rabobank s decision If Rabobank decides that you are liable for all or any part of a loss arising out of unauthorised use of your Visa Credit Card, it will: give you copies of any documents or other evidence it relied upon; and advise you whether or not there was any system or equipment malfunction at the time of the Transaction If Rabobank fails to carry out these procedures or causes unreasonable delay, Rabobank may be liable for part or the entire amount of the disputed Transaction where its failure or delay has prejudiced the outcome of the investigation Rabobank has the ability to investigate Disputed Transactions which occur on your Visa Credit Card. The Visa scheme has a dispute resolution process that is contained in Visa s operating rules. The process sets out specific circumstances and timeframes in which a member of the scheme (for example, Rabobank, a bank or financial institution) can claim a refund in connection with a Disputed Transaction on a cardholder s behalf. This right is referred to as a chargeback right. Accordingly, Rabobank ability to investigate a Disputed Transaction on your behalf is limited to the time frames imposed pursuant to the Visa scheme rules. The timeframes vary between 75 days and 120 days so it is important that you notify us as soon as you become aware of a Disputed Transaction. 32. Malfunction 32.1 Other than to correct the error in your Card Account and the refund of any charges or fees imposed on you as a result of the error, Rabobank will not be liable to you for any loss caused by an Electronic Banking Terminal malfunctioning if you were aware, or should have been aware, that the terminal was unavailable for use or was malfunctioning Where an Eftpos device is not working, the merchant may provide alternative manual processing of the Transaction. You will be required to present your Visa Credit Card and sign a voucher. The voucher authorises Rabobank to debit your Card Account balance (which will increase the balance owing to Rabobank). 33. Changes to Conditions of Use 33.1 Rabobank may make changes (1) Rabobank may change your Credit Contract at any time by providing you with notice in accordance with this section 33. (2) If you wish to close your Card Account as a result of any change or variation we make to this Credit Contract, you must contact Rabobank to close your Card Account. In these circumstances, you will not be charged any fees or charges associated with us closing your Card Account, providing you are not in default of the Credit Contract and you pay all monies owing in accordance with section Changes to Annual Percentage Rate (1) Rabobank will notify you in writing of any increase to the Annual Percentage Rate by no later than the day on which the change takes effect. Alternatively, notice may be given by publishing the change in a newspaper circulating in your State or Territory. In this case, we will confirm the change before or when your next Monthly Credit Card Statement is sent after the change takes effect. (2) Except where the change reduces your obligations, Rabobank will notify you no later than 20 days before a change in the manner in which it calculates interest or applies interest (including a change in or abolition of any interest free period) takes effect. (3) We will provide you with written notice when we send your next Monthly Credit Card Statement in circumstances where we reduce the Annual Percentage Rate that applies to the Card Account. This notice may occur before or after the change takes effect Changes to Credit Fees and Charges (1) We may notify you of an increase in the amount of a credit fee or charge, the introduction of a new credit fee or charge or a change in the frequency or the time for payment of a credit fee or charge by giving you written notice no later than 20 days before the change takes effect. Alternatively, notice may be given by publishing a notice in a newspaper circulating in your State or Territory. In this case, we will confirm the change before or when your next Monthly Credit Card Statement is sent after the change takes effect. (2) Where the change reduces or removes a credit card fee or charge or extends the time for payment of a credit card fee or charge, we will provide you with notice when we send your next Monthly Credit Card Statement to you. This notice may occur before or after the change takes effect Changes to repayments (1) We will notify you of any change in the amount or frequency or time for payment or a change in the method of calculating the minimum amount owing by giving you written notice no later than 20 days before the change takes effect. (2) Where the change reduces the amount of repayment or extends the time for payment, we will advise you of the change before or when your next Monthly Credit Card Statement is sent after the change takes effect. Rabobank Visa Platinum Credit Card Conditions of Use 16
17 33.5 Cancellation and change to your Credit Limit We may reduce your Credit Limit. We will notify you in writing prior to us making this change unless circumstances exist where we reasonably believe that your use of the Visa Credit Card or Card Account may cause loss to you or us Other changes We may notify you of any other changes by giving you written notice no later than 20 days before the change takes effect. These changes may include imposing, removing or adjusting transaction limits. Where the change reduces your obligations or extends the time for payment, we will advise you of the change before or when your next Monthly Credit Card Statement is sent after the change takes effect. 34. Other general conditions 34.1 You agree that you will promptly notify Rabobank of any change of address for the mailing of any notifications, which Rabobank is required to send to you You may not assign your rights under this contract to any other person. Rabobank may assign its rights or transfer the contract to another person where such assignment is to a related party or third party where such third party has a similar or more fair dispute resolution procedure than Rabobank. If Rabobank assigns or transfers the rights under this Credit Contract, this Credit Contract will apply to the transferee or assignee as if it were named as Rabobank. If we assign this Credit Contract, we will provide you with notice and you will be able to cancel your Visa Credit Card as a result of this assignment without being charged any fees or charges associated with us cancelling your Card Account, provided you are not in default of the Credit Contract and you pay all monies owing in accordance with section A certificate signed by an authorised person of Rabobank stating the balance of the Card Account is sufficient evidence of the amount of the Primary Cardholder s liability to Rabobank at the date of issuing the certificate unless shown to be incorrect. 35. Anti-money laundering and counter-terrorist financing You agree that: where required, you will provide to Rabobank all information reasonably requested by Rabobank in order for Rabobank to comply with the fraud monitoring and anti-money laundering and counter terrorism financing obligations imposed on it pursuant to the AML Legislation or the Visa scheme rules; Rabobank may be legally required to disclose information about you and the Additional Cardholder to regulatory and/or law enforcement agencies; Rabobank may block, delay, freeze or refuse any transactions where Rabobank in its sole opinion considers reasonable grounds exist to believe that the relevant transactions are fraudulent, in breach of the AML Legislation, the Visa scheme rules or any other relevant law; where transactions are blocked, delayed, frozen or refused by Rabobank in accordance with this section 35, you agree that Rabobank is not liable for any loss suffered by it, you, any Additional Cardholder or other third parties arising directly or indirectly as a result of Rabobank taking this action; and Rabobank will monitor Transactions that arise pursuant to your use of the Visa Credit Card in accordance with its obligations imposed on it in accordance with the AML Legislation and the Visa scheme rules. 36. Privacy and information collection 36.1 Rabobank may collect your personal information: to identify you in accordance with the AML Legislation and Visa scheme rules; to provide information about a product or service; to consider your request for a product or service; to provide you with a product or service; to assist in arrangements with other organisations in relation to the provision of a product or service or suspend its operation until it is provided; to perform administrative and operational tasks (including systems development and testing, staff training, and market or customer satisfaction research); to prevent or investigate any fraud or crime (or a suspected fraud or crime); and as required by relevant laws and scheme rules In some circumstances, Rabobank may collect your personal information from a third party service provider. For example, Rabobank may collect, from the provider of a payments platform where your transactions are stored, information about the transactions you undertake. Rabobank collects this information in order to manage the service it provides to you, consistent with section 36.1 above If you do not provide some or all of the information requested, Rabobank may be unable to provide you with a product or service Rabobank may provide your information: to another member of its group; to any outsourced service providers (for example mailing houses, fraud and anti-money laundering service providers, data switch service companies); to regulatory bodies, government agencies, law enforcement bodies and courts; to other parties as is authorised or required by law; to participants in the payments system and other financial institutions for the purpose of resolving disputes, errors or other matters arising out of your use of your Visa Credit Card or third parties using your Visa Credit Card or card information; or to credit reporting bodies or debt collection agencies. For more information on how we deal with credit reporting bodies and how we deal with your credit-related personal information, please refer to our Credit Reporting Policy at reporting.aspx You may access any of your personal information at any time by calling our Client Services. Rabobank may charge you a reasonable administration fee for access. This fee will be advised to you upfront in order for you to determine whether you wish to access your personal information. If you can show that information about you is not accurate, complete and up to date, Rabobank will take reasonable steps to ensure it is corrected so that it is accurate, complete and up to date. Rabobank will not charge any extra fee for correcting your information. For details on how you may access and seek correction of the personal information Rabobank holds about you, please refer to its Privacy Policy available at Content/Pages/Privacy.aspx Rabobank will not collect sensitive information about you, such as health information, without your consent. Rabobank Visa Platinum Credit Card Conditions of Use 17
18 36.7 Rabobank would like to be able to contact you to send you information regarding its products and services. If you do not wish to receive this information, please call our Client Services. You do not need to do this if you have already told us that you do not wish to receive information of this sort To facilitate transaction identification and to assist with the identification of suspicious or fraudulent transactions, your personal information and Transaction details may be sent to countries other than Australia. As at the date of these Terms and Conditions, these countries are likely to include The Netherlands and New Zealand. By using your Visa Credit Card, you agree that your personal information and Transaction details may be sent overseas for the purposes of assisting with the identification of suspicious or fraudulent transactions or as required by law In accordance with the Privacy Act 1988 (Cth), Rabobank must comply with the Australian Privacy Principles. You have the right to lodge a complaint if you believe Rabobank has breached the Australian Privacy Principles. For details on how you may complain about a breach and how Rabobank deals with complaints, please refer to Rabobank s Privacy Policy available at If you would like a copy of Rabobank s Privacy Policy, which describes how Rabobank handles personal information, please contact our Privacy Officer by to the Privacy Officer, Rabobank Group at or by mail to the Privacy Officer, Rabobank Group, GPO Box 4577, Sydney NSW Account combination and set off 37.1 Rabobank has the right at law to, and may, at any time and without notice, combine your accounts, that is, transfer any credit balance of any other account you hold with us, to your Card Account. We will inform you if we exercise our right to combine your accounts You must not reduce or seek to reduce your liability to Rabobank under this Contract by claiming that you or any other person has a right of set-off or counter claim against Rabobank (except to the extent you have a right of set-off granted by law which Rabobank cannot exclude by agreement). We may setoff, against any amount you owe us, any amount we owe you. 38 National Credit Code If: any part or provision of the Credit Contract is or becomes void or unenforceable in any State or Territory; or; any part or provision of the Credit Contract otherwise would contravene a requirement of, or impose an obligation or liability which is prohibited by, the National Credit Code; the Credit Contract is to be read as if that provision were varied to the extent necessary to comply with the relevant law or, if necessary, as if it were omitted. Appendix A Rabobank rewards scheme terms and conditions 1. Important 1.1 Please read these Terms and Conditions carefully. They set out the circumstances in which your Reward Dollars will accrue or be cancelled. 1.2 The Rabobank Rewards Program that is described in these Terms and Conditions applies to cardholders that hold a Rabobank Visa Platinum Credit Card. 2. General 2.1 These Terms and Conditions govern your participation in the Rabobank Rewards Program. 2.2 The activation of your Visa Credit Card will be taken to signify your understanding and acceptance of these Terms and Conditions. 2.3 In the event of any inconsistencies between this Appendix A and the remainder of the Conditions of Use document, this Appendix A will apply to the extent of the inconsistency. 2.4 Words that are capitalised in these Terms and Conditions are defined in either section 3 of these Terms and Conditions or Part A of the Conditions of Use document. 3. Definitions Calendar Month means each month or part thereof where you accrue Reward Dollars in accordance with these Terms and Conditions. Eligible Transactions means the purchase of goods or services from merchants accepting your Visa Credit Card (including GST payable for those goods or services by you and excluding the Non-Eligible Transactions). Gift Cards means Rabobank Visa Gift Card that can be used for the purchase of goods and services described in the Rabobank Visa Gift Card Conditions of Use available at or by calling the Client Services on Monthly Rewards Balance means the total number of Rewards Dollars that you have earned during a Calendar Month. Non-Eligible Transactions means the following Transactions: (a) Cash Advances; (b) Balance Transfers; (c) Special Promotions; (d) Purchases on foreign currency or traveller s cheques; (e) fees and charges (including any government fees or charges); (f) interest and finance charges that are payable or paid on your Card Account; (g) Transactions which are disputed, fraudulent or involve abuse of your Visa Credit Card; (h) payments and Purchases which are refunded or reimbursed. Rabobank Visa Platinum Credit Card Conditions of Use 18
19 Reward Dollars means the rewards earned by you from using your Visa Credit Card for Eligible Transactions in accordance with these Terms and Conditions. These Reward Dollars are redeemed for Gift Cards in accordance with these Terms and Conditions. Rabobank Rewards Program means the rewards program that is administered by Rabobank and is described in these Terms and Conditions. Terms and Conditions means this document that is set out in Appendix A of the Conditions of Use document and includes any other version of this document that replaces an earlier version. 4. How you can earn Reward Dollars 4.1 Subject to section 7 below, you will earn Reward Dollars each time you or an Additional Cardholder uses the Visa Credit Card for Eligible Transactions, whether in Australia or in any other country. 4.2 The number of Reward Dollars you will earn is calculated on the following basis: 0.70% for each Australian dollar that is charged to your Visa Credit Card account for that Eligible Transaction. 5. How Reward Dollars are converted to Gift Cards 5.1 At the end of each statement period, Rabobank will calculate your Monthly Rewards Balance of Rewards Dollars accrued during a Calendar Month. 5.2 Rabobank will then arrange for your Monthly Rewards Balance to be redeemed as Reward Dollars quarterly as Gift Cards. 5.3 Once your Reward Dollars are successfully redeemed for Gift Cards, the redemption is permanent and the Gift Card cannot be cancelled or reversed back to Reward Dollars. 6. When you may not earn Reward Dollars 6.1 You may not earn Reward Dollars: if you are in default under the Conditions of Use document or these Terms and Conditions and have been provided with notice by Rabobank of this default; from the date that your Visa Credit Card account is suspended or terminated in accordance with the terms and conditions set out in the Conditions of Use; or for Eligible Transactions that arise after the expiry date of your Visa Credit Card. 7. Terminating your Reward Dollars 7.1 Rabobank may cancel your accrued Reward Dollars at any time if: you breach these Terms and Conditions or the Conditions of Use and you fail to remedy that default within 30 days after receiving a written notice from Rabobank requesting you to remedy the default; or you close your Visa Credit Card account. In these circumstances, Rabobank will notify you that any Reward Dollars that you have accrued have been cancelled and will not be available for conversion into Gift Cards. 7.2 Rabobank may restrict the ability for you to convert any available Reward Dollars to Gift Cards in circumstances where: you are in default in accordance with section 7.1 above; and Rabobank has notified you of this default and advised you that it will restrict access to your Reward Dollars if you do not rectify the relevant default in accordance with the timeframes set out in the notice Rabobank provided to you. 8. Changes to these Terms and Conditions 8.1 Rabobank reserves the rights to change at any time the number of Reward Dollars that you earn or the way in which you earn Reward Dollars by giving you: at least 90 days notice if Rabobank reduces the number of Rewards Dollars that you will earn for each Australian dollar charged to your Visa Credit Card account for Eligible Transactions; and notice at such time as Rabobank determines appropriate in its absolute discretion if it increases the number of Reward Dollars that you will earn for each Australian dollar charged to your Visa Credit Card account for Eligible Transactions. 8.2 Rabobank will give you at least 120 days notice of the discontinuation of the Rabobank Reward Program. 8.3 Rabobank may notify you of changes either through: a letter to your last known address; notices on, or sent with account statements; or press advertisements. 9. Tracking your Reward Dollars 9.1 You will be able to track the number of Reward Dollars you earn by referring to your Monthly Credit Card Statement. 9.2 Where you have had Visa Credit Card account activity you will be issued with an account statement detailing: (a) the number of Reward Dollars earned; (b) the number of Reward Dollars not redeemed, during the relevant statement period. Appendix B Direct Debit Request Service Agreement 1. Definitions Account means the account held at Rabobank from which we are authorised to arrange for funds to be debited. Agreement means this Direct Debit Request Service Agreement between you and us. Debit Day means the day that you have authorised us to arrange for funds to be debited from your Account. Debit Payment means a particular Transaction where a debit is made. Direct Debit refers to the process whereby you provide us with the Direct Debit Request which authorises us to arrange for funds to be debited from an account held with Rabobank or from your credit card. Direct Debit Request means the Direct Debit Request between you and us. Your financial institution is the financial institution nominated by you on the Direct Debit Request at which your Account is maintained. Rabobank Visa Platinum Credit Card Conditions of Use 19
20 2. Debiting your Account By signing the Direct Debit Request or providing us with a valid instruction, you have authorised us to arrange for funds to be debited from your Account. You should refer to the Direct Debit Request and this Agreement for the terms of the arrangement between us and you. We will only arrange for funds to be debited from your Account as authorised in the Direct Debit Request. If the Debit Day falls on a day that is not a Business Day, we may direct Rabobank to debit your Account on the following Business Day. If you are unsure about which day your Account has or will be debited you should ask Rabobank. 3. Changes by you If you wish to stop or defer a Debit Payment or terminate this Agreement, you must notify us at least three (3) Business Days before the next Debit Day. This notice should be given to our Client Services on Your obligations It is your responsibility to ensure that there are sufficient clear funds available in your Account to allow a Debit Payment to be made in accordance with the Direct Debit Request. If there are insufficient funds in your Account to meet a Debit Payment: you may be charged a fee and/or interest by Rabobank; and you must arrange for the Debit Payment to be made by another method or arrange for sufficient cleared funds to be in your Account by an agreed time so that we can process the Debit Payment. You should check your account statement to verify that the amounts debited from your Account are correct. 5. Disputes If you believe that there has been an error in debiting your Account, you should notify our Client Services on If we conclude, as a result of our investigations, that your Account has been incorrectly debited we will respond to your query by arranging for Rabobank to adjust your account (including interest and charges). We will also notify you in writing of the amount by which your Account has been adjusted. If we conclude as a result of our investigations that your Account has not been incorrectly debited we will respond to your query by providing you with reasons and any evidence for this finding in writing. If we cannot resolve the matter or you are not satisfied with our proposed resolution, you can still refer it to Rabobank which will obtain details from you of the disputed Transaction and may lodge a claim on your behalf. 6. Accounts your Account details which you have provided to us are correct by checking them against a recent account statement; and with Rabobank before completing the Direct Debit Request if you have any queries about how to complete the Direct Debit Request. 7. Confidentiality We will keep any information (including your Account details) in your Direct Debit Request confidential. We will make reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification reproduction or disclosure of that information. We will only disclose information that we have about you: to the extent specifically required by law; or for the purposes of this Agreement (including disclosing information in connection with any query or claim). We may provide a copy of the Direct Debit Request to another financial institution in the event any payment that is made in accordance with the Direct Debit Request is disputed. 8. Notice If you wish to notify us in writing about anything relating to this Agreement you should write to Rabobank, GPO Box 4577, Sydney NSW We will notify you by sending a notice in the ordinary post to the address you have given us in the Direct Debit Request. Any notice will be deemed to have been received two Business Days after it is posted. 9. Application In the event of any inconsistencies between this Appendix B and the remainder of these Conditions of Use, this Appendix B will apply to the extent of the inconsistency. Appendix C Statutory information Rabobank is required to give to you Things you should know about your proposed credit contract This statement tells you about some of the rights and obligations of yourself and your credit provider. It does not state the terms and conditions of your contract. If you have any concerns about your contract, contact the credit provider and, if you still have concerns, your credit provider s external dispute resolution scheme, or get legal advice. You should check: with Rabobank whether direct debiting is available from your Account as direct debiting is not available on all accounts offered by financial institutions; Rabobank Visa Platinum Credit Card Conditions of Use 20
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