Medfin Online Services Terms and Conditions

These terms and conditions apply to any use by you of Medfin‘s Online Services.

If you are a user of Medfin‘s Online Services, these terms and conditions will replace any terms and conditions currently applicable to your use of the service.

These terms and conditions may be:

(a)      viewed by visiting Medfin‘s web site at medfin.com.au or

(b)      obtained from any Medfin office.

account means an account which Medfin has determined is accessible by the service.

accountholder means a person who has an account in their own name or, if in joint names, in respect of which Medfin may act on the instructions of any one or more of them.

authorised user means a person who has been authorised under clause 3 to operate an account through the service.

Banking Code means the Australian Banking Association’s Banking Code of Practice.

business day means a day other than a Saturday or a Sunday or a day gazetted as a public holiday throughout Australia.

business EFT transaction means the part of an electronic funds transfer of value to or from an account that is designed by Medfin primarily for use by a business and established by you primarily for business purposes.

cut-off time in respect of a business day means, for the purposes of payments or any other purpose under these terms and conditions, the time by which the instruction relating to that purpose must be completed, which times are determined by Medfin from time to time and appear on medfin.com.au.  Different times of the day may be specified for different purposes.

electronic communication means any electronic means of communication used by Medfin including but not limited to, email, SMS, internet banking, secure portal.

fee disclosure documents means any document provided to you by Medfin in which the fees associated with the service or any transactions undertaken using the service as disclosed.

Login ID means an identification number issued by Medfin or the service to an authorised user for the purpose of accessing the service.

Medfin means Medfin Australia Pty Ltd ABN 89 070 811 148 (Australian Credit Licence 391697) and includes its successors and assigns.

multi-factor authentication means the process of authenticating a user of the service using factors in addition to the user’s Login ID and password (such a token, or one-time password sent to a user’s mobile phone) the use of which is at the discretion of Medfin.

Nominated account means the account with another financial institution that you use to transfer funds to or from an account through the service. This account may be known on the service as ‘your bank account’ or any other term nominated by Medfin from time to time through the service or otherwise.

password means the password required by you to access the service.

Person includes an individual, a firm, a body corporate, an unincorporated association or an authority.

Personal EFT transaction means an electronic funds transfer to or from accounts using the service other than a business EFT transaction.

Service means the service Medfin makes available through the internet to enable the electronic receipt and transmission of information (including electronic funds transfers in relation to an account).

Unauthorised transaction means a transaction not authorised by the user. It does not include transactions carried out by the user or by anyone performing a transaction with the user’s knowledge and consent.

User means you or an authorised user or either of these, as the context requires.

You in clauses 2.1 and 2.3 means an accountholder who has received these terms and conditions and otherwise you means an accountholder who has accepted these terms and conditions and your has a corresponding meaning.

3.1.      Medfin may allow any person over 16 years of age authorised by you to be an authorised user.

3.2.      An authorised user can only be created in accordance with procedures specified by Medfin from time to time. It is your responsibility to ensure that any authorised user is over 16 years of age.

3.3.      An authorised user may use a Login ID issued to them in their own name, or alternatively they may use any additional Login ID issued to you.

3.4.      An authorised user who uses a Login ID issued to them in their own name when accessing your account:

(a)        will be registered as a user of the service by Medfin in their own name; and

(b)        will be able to use the service to access and operate your account in every way available to you on the service, including:

(i)          conducting debit or credit transactions on your account between your account and your nominated account;

(ii)         accessing financial information about your account; or

(iii)       creating single payments or transfers between your account and your nominated account.

3.5.      You and Medfin may agree, that an authorised user who uses any Login ID issued to you:

(a)        can use the service to access and operate an account in every way available to you; or

(b)        may be restricted to accessing and operating the account in specified ways. For example, such an authorised user may be authorised to use the service to perform some of the functions listed in clauses 3.4(b)(i) to 3.4(b)(iii) above, but not others.

3.6.      Subject to clauses 3.7 and 7.1, you are liable for any use of an account or the service by an authorised user as if the account or the service had been used by you. This includes, for example, any transaction on, or an instruction given in relation to an account using the service and any acceptance or acknowledgment of these terms and conditions or any change to them. You should ensure that any authorised user has been provided with, and read and understood, these terms and conditions before using the service.

3.7.      If you no longer wish any authorised user to be able to access or operate your account using the service you must:

(a)        contact Medfin on 1300 728 718; or

(b)        comply with any other procedures specified by Medfin from time to time.

5.1.      Medfin may at any time add to, remove, change or impose restrictions on, the functionalities of the service in any respect including, without limitation:

(a)        generally;

(b)        in relation to a user or a class of users; or

(c)        in relation to an account or a class of accounts.

5.2.      You must provide Medfin with a signed direct debit request and service agreement including BSB, account number and any other details Medfin reasonably requires to identify the nominated account and enable it to transfer funds to or from an account through the service.

You acknowledge that:

(a)        the service can only be used to transfer funds if the transfer is between your account and your nominated account; and

(b)        funds may be transferred via an account held by Medfin and not transferred direct between your account and your nominated account.

 

7.1.      This clause sets out important rules which may govern an accountholder‘s liability for unauthorised transactions. These liability provisions are set out below and override clauses 8.1, 8.2, 8.3 and 8.4 to the extent of any conflict or inconsistency for all personal EFT transactions.

7.2.      No accountholder liability in some circumstances

The accountholder is not liable for:

(a)        losses that are caused by the fraudulent or negligent conduct of Medfin’s employees or agents or companies involved in networking arrangements or of merchants or of their agents or employees;

(b)        losses arising because the Login ID and/or password is forged, faulty, expired, or cancelled;

(c)        losses that arise from personal EFT transactions which required the use of multi-factor authentication and/or password and that occurred before the user underwent multi-factor authentication or received their password;

(d)        losses that are caused by the same personal EFT transaction being incorrectly debited more than once to the same account;

(e)        losses resulting from unauthorised transactions occurring after notification to Medfin that the security of the device used for multi-factor authentication and/or the password has been breached;

(f)         losses resulting from unauthorised transactions where it is clear that the user has not contributed to such losses.

7.3.      Accountholder liability for unauthorised transactions

The accountholder is liable for losses resulting from unauthorised transactions as provided below:

(a)        Where Medfin can prove on the balance of probability that the user contributed to the losses through the user’s fraud or contravention of the security requirements in clause 7.4 the accountholder is liable for the actual losses which occur before Medfin is notified that the security of the device used for multi-factor authentication and/or the password has been breached

However the accountholder is not liable for any of the following amounts:

(i)          that portion of the losses incurred on any one day which exceeds the applicable daily transaction limit(s)(if any);

(ii)         that portion of the losses incurred in a period which exceeds any other periodic transaction limit(s) applicable to that period

(iii)       that portion of the total losses incurred on any account which exceeds the balance of that account (including any prearranged credit);

(iv)       all losses incurred on any accounts which the accountholder and Medfin had not agreed could be accessed using multi-factor authentication and/or password.

(b)        The accountholder is also liable where Medfin can prove on the balance of probability that the user contributed to losses resulting from unauthorised transactions because the user unreasonably delayed notifying Medfin after becoming aware that the security of the device used for multi-factor authentication and/or the password has been breached. The accountholder will then be liable for the actual losses which occur between the time the user became aware and when Medfin was actually notified.

However, the accountholder will not be liable for any of the following amounts:

(i)          that portion of the losses incurred on any one day which exceeds the applicable daily transaction limit(s)(if any);

(ii)         that portion of the losses incurred in a period which exceeds any other periodic transaction limit(s)applicable to that period;

(iii)       that portion of the total losses incurred on any account which exceeds the balance of the account (including any prearranged credit);

(iv)       all losses incurred on any accounts which Medfin and the accountholder had not agreed could be accessed using multi-factor authentication and/or password.

(c)        Where a multi-factor authentication and/or password was required to perform the unauthorised transactions and neither paragraph (a) nor (b) applies, the accountholder is liable for the least of:

(i)          the balance of those account(s)(including any prearranged credit) from which value was transferred in the unauthorised transactions and which Medfin and the accountholder have agreed may be accessed using multi-factor authentication and/or the password; or

(ii)         the actual loss at the time Medfin is notified (where relevant) that the security of the device used for multi-factor authentication and/or password has been breached (excluding that portion of the losses incurred on any one day which exceeds any applicable daily transaction or other periodic transaction limit(s)).

7.4.      User’s password and multi-factor authentication responsibilities

(a)        Where Medfin provides the user with a password and/or uses multi-factor authentication the user must:

(i)          not voluntarily disclose the password or any access codes provided to the user as part of the multi-factor authentication to anyone including a family member or friend, except when you are creating a user;

(ii)         not act with extreme carelessness in failing to protect the security of their device used for multi-factor authentication or the password; and

(iii)       not record the password (without making any reasonable attempt to protect the security of the password record) on the one article or on several articles so that they are liable to loss or theft simultaneously.

(b)        Where Medfin allows the user to select an password or change the user’s password the user must not select:

(i)          a numeric code which represents the user’s birth date; or

(ii)         an alphabetical code which is a recognisable part of the user’s name.

Either of these selections may mean you are liable for losses caused by unauthorised transactions caused by a breach of the security of the password.

7.5.      Failure of Medfin equipment or Medfin system

Medfin will be liable to users for losses users suffer caused by the failure of Medfin’s equipment or Medfin’s system to complete a personal EFT transaction accepted by Medfin’s system or Medfin’s equipment in accordance with the user’s instructions.

However, where the user should have been aware that Medfin’s equipment or Medfin’s system was unavailable for use or malfunctioning Medfin’s responsibilities will be limited to the correction of any errors in the accountholder’s account and the refund of any charges or fees imposed on the accountholder as a result. Medfin will also not be liable for any losses caused by the failure of Medfin’s equipment or Medfin’s system where Medfin’s system or Medfin’s equipment had not accepted the personal EFT transaction.

7.6.      Advising Medfin

If the user believes the security of the user’s password or the device used for multi-factor authentication has been breached the user must advise Medfin as soon as possible. Once Medfin has been notified of these matters the accountholder’s liability for further personal EFT transactions will be limited. Where telephone facilities for notification are not available during particular periods, any losses occurring during these periods that were due to non-notification are deemed to be the liability of Medfin, providing notification is made to Medfin within a reasonable time of the facility again becoming available. Medfin, will acknowledge the user’s report and the user should record or retain this acknowledgment.

 

9.1.      Subject to clause 7.5 (which applies to personal EFT transactions only) you acknowledge that, subject to your rights implied at law which cannot be excluded, Medfin need not act or may delay acting on any instruction given to it by a user through the use of the service, including processing any instruction on the next business day after the instruction is given and you acknowledge that Medfin is not liable for any loss or damage caused directly or indirectly to a user as a result of Medfin’s failure to act or delay in acting.

9.2.      You acknowledge that the correctness of information about an account which a user obtains through the service is subject to verification by Medfin as part of its normal procedures and reflects the entries that have been posted to the relevant account at the time the information is obtained.

11.1.      In addition to the other changes Medfin may make to these terms and conditions which are detailed in these terms and conditions, Medfin may change any other of these terms and conditions (including by imposing new fees and charges, changing the amount, type or method of calculation of fees and charges payable). Medfin will make any changes in accordance with any applicable legislation and industry codes.

11.2.      Important alterations

Medfin will give accountholders at least 30 days written notice of:

(a)        any change to or imposition of a daily or other periodic transaction limit; or

(b)        an increase in the accountholder’s liability for losses relating to EFT transactions.

(b)        an increase in the accountholder’s liability for losses relating to EFT transactions.

11.3.      Other variations

Unless otherwise specified in these terms and conditions or separately agreed between you and Medfin, Medfin will give you notice of changes as set out below and you agree to receiving notice in such ways:

(a)        notice of changes to fees and charges (including the introduction or increase of any fees or charges) will be given in writing at least 30 days before the change takes effect;

(b)        notice of changes to government fees and charges will be given by media advertisement, in writing or electronically as soon as practicable after, but no later than 3 months after, the change takes effect; and

(c)        notice of any other changes to these terms and conditions will be given in writing at least 30 days before the change takes effect.

11.4.      However, to the extent permitted by any applicable legislation and industry codes Medfin reserves the right not to give advance notice when changes are necessitated by an immediate need to restore or maintain the security of Medfin’s systems or individual accounts.

11.5.      If you do not accept any change Medfin makes, you can ask Medfin to close your service. You will need to pay any outstanding fees in order to do this.

 

13.1.      You must pay Medfin’s standard fees relating to the service (including the user of the service) and any transactions undertaken using the services. In addition, if you wish to transfer funds between your account and your nominated account, Medfin’s standard direct debit fees from time to time will apply to each transaction in accordance with any direct debit service agreement between you and Medfin.

13.2.      Medfin may debit your account any fees under clause 12.1 the amount and nature of which are set out in the fee disclosure documents. You authorise Medfin to debit relevant fees or charges to the account even if that causes the account to become overdrawn.

13.3.      If there are insufficient funds in your account, Medfin may require you to pay the fees in any other manner Medfin determines.

13.4.      If you close your account, Medfin may automatically debit any fees under clause 12.1 from any another account which you hold with Medfin and is in your name.  If no alternative account satisfactory to Medfin exists, Medfin may immediately cancel the availability of the service to you until such time that you open an account satisfactory to Medfin or Medfin may require you to pay the fees in any other manner Medfin determines.

15.1.      Medfin may provide you with the option to consent to receive correspondence, information and periodic statements for your accounts by way of electronic communication.

15.2.      Where you provide Medfin with your consent in clause 15.1, you agree, unless the Banking Code or law requires otherwise, that:

(a)        correspondence, information and periodic statements for your accounts may be sent by Medfin to you electronically;

(b)        you may not receive paper copies of correspondence, information and periodic statements for your accounts which Medfin sends electronically;

(c)        you must regularly check your nominated email address and mobile SMS for communications from Medfin;

(d)        you must notify Medfin if your email address or mobile number changes or if you wish to terminate your consent. You can do this at any time by contacting Medfin;

(e)        you are responsible for printing and/or saving important information that Medfin sends to you electronically; and

(f)         the email address and mobile number you nominate replaces and supersedes any previous details provided to Medfin for similar purposes.

15.3.      If you are an individual, you provide the consent in clause 15.1 on your own behalf. If you are a director of a company, you provide the consent in clause 15.1, 14.1 on behalf of that company and you declare that you are properly authorised to provide the consent on behalf of that company.

17.1.      Notify Medfin

If you believe that there has been an error in a transaction, instance of unauthorised transaction, or error in your statement of account, promptly notify Medfin. Please refer to the contact details at the end of these terms and conditions. All relevant information available to you regarding the complaint is to be disclosed to Medfin.

You may be required to report any unauthorised transaction to the police and to provide Medfin with a copy of such report. You may also be required to complete a statutory declaration detailing particulars of the disputed transaction.

17.2.      Written advice

Should Medfin be unable to resolve the matter immediately to your satisfaction, Medfin will provide you with a written advice of Medfin’s procedures by which it will be investigated and handled further. Medfin will acknowledge receipt of your claim, and within 21 days of receipt of the complaint Medfin will advise you in writing of either:

(a)        the outcome of Medfin’s investigation, detailing the reasons for Medfin’s decision with reference to the specific terms of the terms and conditions where appropriate; or

(b)        the need for more time to complete Medfin’s investigation.

Unless there are exceptional circumstances, of which Medfin shall advise you in writing Medfin may require up to 45 days from receipt of your complaint to complete Medfin‘s investigations.

17.3.      Monthly updates

Where an investigation continues beyond 45 days, Medfin shall provide you in writing with:

(a)        the reasons for the delay;

(b)        monthly updates on the progress of Medfin’s investigation; and

(c)        a date when a decision can be reasonably expected; except where Medfin is awaiting a response from you and Medfin has advised you of this fact.

17.4.      External dispute resolution

If, because of a delay in giving a final decision, you have a right to take a matter to an external dispute resolution scheme, Australian Financial Complaints Authority. Medfin will advise you in writing about that right within 5 business days of the day on which you acquire it.

17.5.      Account adjustments

If Medfin concludes, as a result of Medfin’s investigations, that your account has been incorrectly debited or credited, Medfin will promptly adjust your account (including any interest and charges) accordingly and notify you in writing of the amount by which your account has been adjusted as a result.

If Medfin concludes from its investigations that your account has not been incorrectly debited or credited, or in the case of unauthorised transactions, that you have contributed to at least part of the loss occasioned by the unauthorised use, Medfin will supply you with copies of any document or other evidence on which Medfin based its finding and will advise you in writing whether there was any system or equipment malfunction at the time of the transaction.

17.6.      Senior management review

If you are not satisfied with Medfin’s findings you may request, in writing, a review of these findings by Medfin’s Senior Management. Please direct such requests in writing to:

Medfin Australia Pty Ltd
Senior Leadership – Dispute Resolution
Level 3, 2 Carrington Street
Sydney  NSW  2000

After this further review, should you remain dissatisfied with the findings of the investigation, external avenues of complaint may exist including for example the Australian Financial Complaints Authority, Consumer Affairs Department and Small Claims Tribunal.

For the purposes of clause 15 references to you include authorised users (where applicable).

19.1.      Notices, certificates and other communications in connection with these terms and conditions must be in writing (unless these terms and conditions say otherwise). They may be:

(a)        given personally if they are for you (if you are a company, to one of your directors); if they are for us, to an officer of ours at the office where you arranged this contract or any other office we tell you);

(b)        left at the address last notified;

(c)        sent by prepaid post to the address last notified;

(d)        sent by fax to the fax number last notified;

(e)        if you have provided consent under clause 15.1, by way of electronic communications; or

(f)         given in any other way permitted by law.

19.2.      Where a notice, certificates and other communications under clause 19.1 is:

(a)        given personally or left at an address, it is taken to have been received the time it is delivered unless a later time is specified to it;

(b)        if it is sent by post, it is taken to be received five business days after the date of posting;

(c)        if it is sent by fax machine that produces a transmission report, it is taken to be received at the time shown in a transmission report that indicates that the whole fax was sent; and

(d)        if it is sent by way of electronic communications, it is taken to be received when the communication enters the recipient’s designated information system or is capable of being viewed from a recipient’s computer, and is effective when received even if no person is aware of its receipt.

 

Where an account is maintained with an entity other than Medfin, you agree that these terms and conditions including, but not limited to, the terms and conditions with respect to accepting and acting on a user’s instruction, the irrevocable nature of such instructions, the allocation of liability (including your indemnity) and the responsibilities of Medfin (including any releases provided by you) also apply for the benefit of that other entity.