Macquarie Business Banking – Electronic Banking Terms and Conditions

Contents

1.     Introduction. 3

2.     Registration and Access. 3

2.1         Authorised User access. 3

2.2         System requirements and availability. 4

3.     Fees and charges. 4

4.     Please refer to the relevant Account Terms and Conditions for fees or charges which may be payable in relation to the operation of any eligible Account. Transactions. 4

4.1         Funds transfer 4

4.2         Scheduled funds transfers. 5

4.3         BPAY Payments. 5

4.4         Scheduled BPAY payments. 6

4.5         Batch Entry BPAY payments. 6

4.6         File Upload Access. 7

4.7         General information on transactions. 7

5.     Mistaken payments. 8

5.1         Mistaken internet payments. 8

(a)      Mistaken Internet Payments made by you or an Authorised User 8

(b)     Mistaken payments received by you. 9

5.2         Mistaken BPAY payments. 10

6.     Unauthorised transactions. 11

7.     Processing times. 11

8.     Cut off times. 12

9.     Daily transaction limits. 12

10.         Security. 12

10.1       Security and Fraud. 12

10.2       Equipment security. 13

10.3       Security guidelines. 13

10.4       Reporting loss, theft or misuse of Access Codes and devices. 14

11.         Enhanced security measures. 14

12.         Third Party Websites. 14

13.         Suspension and termination. 14

14.         General Terms and Conditions. 15

14.1       Changes to T&C’s. 15

14.2       Notices. 15

14.3       Updating your contact details. 16

14.4       Accuracy of Information. 16

14.5       Privacy. 16

14.6       Confidentiality. 16

14.7       Proprietary rights. 16

14.8       Complaints. 16

14.9       Code of Banking Practice. 16

15.         Definitions. 17

 

 

 

1.            Introduction

Your access to, and use of, our online banking services, either the “Macquarie Active Banking” or “Macquarie Business Online” platforms, is governed by these terms and conditions (“T&C’s”).  These platforms are defined collectively in these T&C’s as “Electronic Banking”.

At times some services and platform functionality may only be available in Active Banking, and/or Macquarie Business Online.  These T and Cs govern your use of both platforms, and you are afforded the same rights and protections.

With Electronic Banking, you and any Authorised User appointed by you can:

  • view the balance and transaction history of eligible Accounts;
  • view permission (depending on the version release of Electronic Banking,
  • add or change the permissions of Authorised Users via the relevant form which is available on Active Banking
  • transact on your Accounts; and
  • use various tools for your business banking needs.

Please read this document carefully before you access Electronic Banking.  The first use of Electronic Banking by an Authorised User will indicate your organisation’s agreement to these T&C’s, which operate together with the relevant Account Terms and Conditions.  To the extent of any inconsistency, the Account Terms and Conditions prevail over these T&C’s.

For more information about the functionality and options available on Electronic Banking, please visit our Help Centre.

These T and Cs are current as of 22 October 2019.

2.            Registration and Access

To use Electronic Banking, you or any other Authorised User will need to sign in via the relevant Electronic Banking platform using your Macquarie Access Code ("MAC") and Password.  Macquarie Active Banking can be accessed at https://activebanking.macquarie.com, or Macquarie Business Online will be available to you when we notify you.

2.1          Authorised User access

Subject to the Account Terms and Conditions, you may nominate another person to have access to the services available via Electronic Banking.  You must:

-       only register Accounts that you want Authorised Users to regularly access via Electronic Banking; and

-       specify the level of authority granted to each Authorised User in relation to each Account.

Access to Electronic Banking is subject to our approval. If we approve your application, each Authorised User will receive their own MAC and Password. 

You acknowledge and agree that any Authorised User may (depending on the level of authority granted to them):

  • be able to view, approve transactions or otherwise transact on your Accounts through Online Banking; and
  • have access to information about your Accounts. 

You must ensure that all Authorised Users comply with these T&C’s. You are responsible for any transaction made by an Authorised User based on the authority you give to them. Further details on the Transaction services available via Electronic Banking is set out in section 4 and section 7.

You may cancel or change the authority of an Authorised User by giving us notice in writing in accordance with your Account signing instructions.

2.2          System requirements and availability

Use of Electronic Banking is dependent on obtaining and maintaining a suitable internet connection. This includes  the minimum system software and hardware requirements described in the Important Information statement. Please also note JavaScript is required to access site content on Electronic Banking.

Whilst we endeavour to ensure that Electronic Banking is continuously available, from time to time our online services may be affected by disruptions due to system maintenance, telecommunications disruptions and third-party system faults.  

By registering to use Electronic Banking, you will be taken to acknowledge and agree that Electronic Banking is provided on an “as is” and “as available” basis, and that the existence of any errors will not constitute a breach of these T&C’s.  To the full extent permitted under applicable law, we expressly disclaim all representations, warranties and conditions of any kind or nature whatsoever, whether express or implied, and whether arising by statute or otherwise in law, from a course of dealing or usage of trade, including without limitation, any implied warranties or conditions, any condition or warranty of merchantability, title or non-infringement of third party rights and any condition or warranty of fitness for a particular purpose.

3.            Fees and charges

4.            Please refer to the relevant Account Terms and Conditions for fees or charges which may be payable in relation to the operation of any eligible Account. Transactions

Depending on the type of Account, you may be able to perform the following transactions.  This may not apply to all Accounts, for example a security-blocked Account, term deposit or non-redrawable loans.

4.1          Funds transfer

You or an Authorised User may be able to transfer funds from your Account to another bank account through Electronic Banking.

Enhanced security measures may be required for certain payments. See section 11 for further details.

To make a funds transfer, you or an Authorised User will need the following information for the account you wish to transfer to:

  • the account BSB;
  • the account number; and
  • the account name.

You or the Authorised User must select the Account from which the payment will be made and may also elect to provide a reference description of the transaction.

Once a funds transfer instruction has been authorised by you and accepted by us, it cannot be cancelled except if it is a scheduled funds transfer (see section 7 for scheduled processing times and section 8 for cut off times).

4.2          Scheduled funds transfers

You or an Authorised User can arrange to make a funds transfer on a future date, including on a recurring basis.

A scheduled funds transfer may not be processed for a number of reasons, including if, on the day the scheduled funds transfer is due:

  1. there are insufficient cleared funds in the Account from which the payment is to be made; or
  2. the payment will cause the daily authorisation limit for an Authorised User to be exceeded. 

For scheduled processing times, refer to section 7.

When providing instructions for any funds transfer, it is your or the relevant Authorised User's responsibility to ensure that the intended payee's account details are correct. We do not carry out checks to determine if the details provided in a funds transfer instruction are correct.  For example, we do not check that the BSB and account numbers provided correspond with the account name of the payee. 

Accordingly, any error made in entering details may result in a payment being made to an unintended recipient and it may not be possible to recover the funds. However, if the funds transfer is a ‘Pay Anyone’ transaction the mistaken internet payments procedures in section 5 may apply.

4.3          BPAY Payments

Depending on your Account, you or an Authorised User may be able to make BPAY payments to Billers (which may include us) from your Account through Electronic Banking. We are a member of the BPAY Scheme, and we will tell you if we do not remain a member. 

BPAY payments can be made from most Accounts held with us and can be submitted immediately or on a date up to 12 months in the future. Please note some Billers will not accept BPAY payments from certain account types, and others may have restrictions on the amount that can be paid by BPAY.

Enhanced security measures may be required for certain BPAY payments. See section 11 for further details.

To make a BPAY payment you or an Authorised User will need to provide the following details:

  • the Account from which the BPAY payment is to be made;
  • the Biller code; and
  • the Customer Reference Number (CRN).

We'll debit the Account selected by the specified amount.   

Except for a scheduled payment (see section 7), a BPAY payment instruction cannot be cancelled.

If we are advised that a BPAY payment cannot be processed by a Biller, we will notify you, credit your Account with the amount of the BPAY payment and take all reasonable steps to assist you in any further attempt to make the BPAY payment.

When we make a BPAY payment we are not acting as your agent or the agent of the Biller to whom the payment is directed. 

4.4          Scheduled BPAY payments

You and your Authorised Users can arrange for a BPAY payment to be made up to 12 months in the future. Some Billers do not allow for recurring payments to be set up; we will notify you at the time of setting up the transaction if this is the case.

A scheduled BPAY payment may not be processed for a number of reasons, including;

  • the Biller no longer participates in the BPAY Scheme;
  • there are insufficient cleared funds in your Account on the day the payment is scheduled; or 
  • the payment will cause the daily authorisation limit for an Authorised User to be exceeded. 

For scheduled processing times, refer to section 7.

4.5          Batch Entry BPAY payments

Depending on your Account, you or an Authorised User may make your BPAY payments with us by Batch Entry. 

You acknowledge and agree that Batch Entry is only available to you when:

a)    making BPAY payments on your own behalf, or

b)    making multiple BPAY payments to one or more Billers on your own behalf, or on behalf of your related entities or Principals to discharge debts.

By making a Batch Entry payment you warrant to us that:

a)    the Batch Entry payment is validly authorised and that you have obtained a written direction from the Principal or related entity to make that batch entry payment;

b)    you are making that Batch Entry payment on your own behalf, or on behalf of your related entities or Principals to discharge debts;

c)     the payments are not (or are not intended to be) part of a business of making BPAY payments on behalf of third parties, but rather, it is making payments as an incidental part of your ordinary business; and

d)    you will not act in any way that is likely to diminish the integrity, stability or reputation of the BPAY scheme or the quality of the service offered in the BPAY scheme.

You must notify us in writing of any non-compliance by you with these T&C’s in connection with making a Batch Entry payment as soon as becoming aware of the non- compliance.

If you make Batch Entry payments using the BPAY scheme, you agree that we may disclose:

a)    your personal information or the personal information of your customers or Principal (as applicable); and

b)    as much of your transactional information as is necessary to process your BPAY payments;

to BPAY Billers nominated by you, any other participant in the BPAY scheme which may be used to effect BPAY payments, and any agent appointed by any of them from time to time (including BPAY Group Limited, the agent that provides the electronic systems needed to implement the BPAY scheme).  

You can request access to your information held by us or BPAY by contacting us or them, or by referring to the procedures set out in the privacy policy of the relevant entity.

4.6          File Upload Access

Depending on your Account, you or an Authorised User may be able to use this service to send files to us for the purposes of transferring funds through the direct entry system or BPAY. 

You will need to:

  • complete a Credit User Application and/or Debit User Application to become a member of the Bulk Electronic Clearing System ("BECS");
  • submit a file for testing purposes prior to first using the service; and
  • upload files in "ABA" Direct Entry format through Electronic Banking or via direct upload;

We are not under any obligation to process upload files which are not submitted through Electronic Banking or via direct upload.  If we decide, in our absolute discretion, to process upload files which were not submitted through Electronic Banking, you may be charged a reasonable fee for this service.

If you have nominated a replacement account, we will not send transactions in an upload file where those transactions fail validation and may, at your option, apply those transactions to your nominated replacement account.

If you have not nominated a replacement account, we will not send transactions in an upload file where any single transaction fails validation.

To the extent permitted by law, we take no responsibility for the attempted processing of unreadable upload files.

4.7          General information on transactions

When you or an Authorised User make a transfer or a payment on your Account through Electronic Banking, the following general conditions apply:

  • we will confirm the receipt of instructions to transact (although not the transaction itself);
  • you should check your Account records carefully and report to us as soon as you become aware of any payments that you think have been made in error or which were not authorised (see section 6 for liability for unauthorised payments);
  • you should notify us promptly if you become aware of any delays or mistakes in processing transactions;
  • you must obtain any government approvals or other necessary requirements in relation to any proposed payment instructions;
  • you authorise us, and we are entitled, to act upon any instruction received via Electronic Banking in conjunction with the correct Access Method and other terms agreed between you and us;
  • we are not obliged to affect a payment instruction if:
    • it is not made in accordance with these T&C’s;
    • the Account Terms and Conditions for the Account from which the payment is to be made prohibits the payment;
    • the information given to us, or requested by us, is incomplete and/or inaccurate;
    • we are restricted or prohibited by law, regulation, industry code, or the requirement of a government or similar authority from permitting the payment to occur;
    • the instruction is not accepted by our system;
    • there is a technical failure of equipment, our system or outside our system, which causes a delay in the transmission or acceptance of the instruction;
    • the financial institution to which the payment is to be made does not accept it or delays accepting it;
    • your or an Authorised User's right to participate in Electronic Banking is suspended;
    • there are insufficient cleared funds in the Account from which the payment is to be made to cover the amount of the payment on the day the payment is instructed to be made; or
    • the request would cause you to exceed any daily limit (on the day the payment is instructed to be made) we impose on your Account or your use of Electronic Banking;
    • we will perform a payment instruction as soon as possible; however, we do not guarantee that any transaction we are instructed to make will be made on the day or at the time requested; and
    • we have absolute discretion to determine the order in which we give effect to payment instructions received.

5.            Mistaken payments

5.1          Mistaken internet payments

A Mistaken Internet Payment is a payment that is made by you to an unintended recipient.  We deal with Mistaken Internet Payments in accordance with the ePayments Code and have reflected the relevant ePayments Code provisions in this section.

(a)        Mistaken Internet Payments made by you or an Authorised User

 

This section (5.1) only applies to payments made from an Account owned by an individual and used predominantly for personal, domestic or household purposes. BPAY, cash and cheque payments are excluded. For mistaken BPAY payments see section 5.208D0C9EA79F9BACE118C8200AA004BA90B02000000080000000D0000005F00520065006600310035003200340031003900340033000000 .

 

You or your Authorised Users should report Mistaken Internet Payments by contacting on the details below as soon as possible as delays may impact our ability to recover the funds on your behalf.

Contact:

  • Client Support on 1300 550 415;
  • Your RM; or
  • Email us at business@macquarie.com

We will need to collect information from you or an Authorised User that will allow us to investigate and determine whether a Mistaken Internet Payment has occurred.  We will provide a reference number, or some other form of acknowledgement, which should be retained as evidence of the date and time of the report.

If we are not satisfied that a Mistaken Internet Payment has occurred, you will be liable for the loss arising from the payment.

If we are satisfied that a Mistaken Internet Payment has occurred, we will send a request for the return of the funds to the ADI whose customer received the payment (known as the receiving ADI).  Sending this request to the receiving ADI requires us to disclose information to that ADI about your Account and the Mistaken Internet Payment.

If the receiving ADI is also satisfied that a Mistaken Internet Payment has occurred and there are sufficient funds available in the account of the unintended recipient, the receiving ADI will attempt to recover the funds and return them to us, and we will credit them to the Account from which the payment was made.  Depending on when you report the Mistaken Internet Payment to us, the following process will apply:

Within 10 Business Days of the payment

the receiving ADI is required to return the funds to us within 5 to 10 Business Days of receiving our request

Between 10 Business Days and 7 months of the payment

the receiving ADI will give the recipient 10 business day to establish that they are entitled to the funds, and if they do not, the receiving ADI will return the funds to us within 2 Business Days of the expiry of that period

More than 7 months after the payment

the receiving ADI will ask the recipient if they agree to the return the funds to us

 

If the receiving ADI is satisfied that a Mistaken Internet Payment has occurred but there are insufficient funds in the unintended recipient's account to refund the amount of the payment, the receiving ADI will use reasonable endeavours to obtain a refund for you (for example, by facilitating repayment of the funds by the recipient through instalments).

If the receiving ADI is not satisfied that a Mistaken Internet Payment has occurred, it may (but it is not obliged to) seek the consent of the recipient to enable the return of funds to us.

You will be notified in writing, within 30 Business Days of receipt of the report of a Mistaken Internet Payment from your Account, of the outcome of our investigation.  If you are not satisfied with how the report is handled by us, you can make a complaint in accordance with section 14.8.

(b)       Mistaken payments received by you

 

You may receive funds into your Account where you are not the intended recipient due to a sender entering the wrong BSB number, account number or other identifying information when making an internet payment.  This section applies to that situation.

If you become aware of any payments into your Account of which you are not the intended recipient, please contact us as soon as practical.

Where we receive a request for the return of funds from an ADI whose customer reports a mistaken payment into your Account, and where we are satisfied that a mistaken payment has occurred and there are sufficient funds in your Account, we may:

  • debit your Account with the amount of the mistaken payment without notifying you or obtaining your consent (if the sender reports the mistake within 10 Business Days of the payment); or
  • restrict your access to the funds and give you 10 Business Days to establish that you are entitled to the funds before debiting the Account (if the sender reports the mistake after 10 Business Day but within 7 months of the payment).

Otherwise, we will seek your consent to return the funds.

If we are satisfied that a mistaken payment has occurred, but the balance of your Account is less than the amount of the mistaken payment, we will contact you to discuss how best to facilitate repayment to the sender.

Where we are unable to determine that the payment was a result of a mistaken payment, we may still contact you to seek your consent to the return of the funds.

Despite the above provisions, if you are a recipient of income support payments from the Department of Human Services or Department of Veterans’ Affairs, we will only seek to recover the funds from you in accordance with the Department of Human Services Code of Operation.

5.2          Mistaken BPAY payments

Care should be taken by you and Authorised Users to enter the correct amount and Biller’s detail. If the amount entered is greater than intended, you or the Authorised User must contact the Biller to obtain a refund. If less, another BPAY payment can be made to make up the difference. 

If you or an Authorised User told us to pay the wrong Biller, we will re-credit your Account and will seek to recover that amount from the Biller. However, if we cannot recover the amount within 20 Business Days, we will debit your Account for that amount.  If there are insufficient funds or credit available on your Account, you must pay that amount to us. You acknowledge that the receipt by a Biller of a mistaken or erroneous payment does not, or will not constitute under any circumstances, part or whole satisfaction of any underlying debt owed between you and the Biller.

You should check your Account carefully and promptly report to us any BPAY payments you think are errors or that were not authorised by you or an Authorised User.  The longer the delay between the date of the BPAY payment and when we are informed of the error, the more difficult it may be to correct the error. You may need to liaise directly with the Biller to correct the error if, for example, because of delay, we no longer have sufficient information to investigate it.

For us to investigate a BPAY payment from your Account that may be unauthorised, you or an Authorised User must first give us your written consent, addressed to the Biller who received that BPAY payment, authorising us to obtain information about your account with that Biller, or the BPAY payment. You will need to include your CRN and any other information we require.  If you do not give us this consent, the Biller may not be permitted under law to disclose to us the information we need to investigate or rectify that BPAY payment.

If we make a BPAY payment to a person or for an amount not instructed by you or an Authorised User, and your Account was debited with the payment, we will credit that amount back to your Account.

Disputes in relation to unauthorised, fraudulent or wrong BPAY payments will be handled in accordance with this section.  Your liability for unauthorised and fraudulent BPAY payments will be determined in accordance with section 6. No chargeback rights are available in respect of a BPAY payment from your Account.

Subject to section 6 (unauthorised transactions):

  • we are not liable for any consequential loss or damage you may suffer as a result of using the BPAY Scheme, other than:
    • due to any loss or damage you suffer due to our negligence, or
    • in relation to any breach of a condition or warranty implied by law under consumer protection legislation which may not be excluded, restricted or modified at all or only to a limited extent; and
    • you are responsible for any loss or damage we may suffer due to any claim, demand or action of any kind brought against us arising directly or indirectly because you or an Authorised User did not observe any of the obligations under this section 5.2 or acted negligently or fraudulently in connection with their use of the BPAY Scheme.

6.            Unauthorised transactions

An unauthorised transaction is one which is not authorised by you or an Authorised User, for example, a transaction which is carried out by someone other than you, without your consent. 

If you are an individual and the Account which the unauthorised transaction has been carried out on is only for personal use, liability will be determined in accordance with the ePayments Code.  Otherwise, to the extent permitted by law and subject to any relevant industry codes of practice, we are not liable to indemnify or otherwise compensate you for any loss or damage you may incur due to unauthorised transactions.

7.            Processing times

Funds transfer and BPAY payment processing times

Generally, a request will be processed as outlined in the table below:

Time instruction received by us

Funds transfer – time processed by us

BPAY payment – treated as received by Biller

Before the relevant Account cut-off (1) time on a Business Day

The same day or next Business Day

Within two Business Days

After the Account cut-off (1) time on a Business Day

Within two Business Days

Within three Business Days

On a non-Business Day

Within two Business Days

Within three Business Days


(1)  Cut-off times are set out in section 8.

Scheduled funds transfers and BPAY payment processing times

Scheduled funds transfer and BPAY payments will be debited to and processed from your Account as outlined in the table below:

When the funds transfer/payment is scheduled for

Funds transfer – time processed by us

BPAY payment – treated as received by Biller

Business Day(2)

The same day or next Business Day

Within two Business Days

Non Business Day(2)

Within two Business Days

Within three Business Days

(2) On a Business Day, funds will be debited from your Account on the scheduled day. On a non-Business Day, funds will be debited from your Account the following Business Day, except for a Bank Account where funds will be debited on the scheduled day.

Scheduled funds transfers and BPAY payments may be altered or cancelled before the scheduled date (see section 8 for details of applicable cut-off times).

Delays

A delay might occur in the processing of the transaction including where:

  • there is a public or a bank holiday on the day, or on the day after, you or an Authorised User provide instructions or tell us to make the transaction;
  • we need to verify that the transaction is adequately authorised; or
  • another participant of the BPAY Scheme is not complying with its obligations, or there is a system malfunction.

We will use reasonable endeavours to correct such delay.

8.            Cut off times

All times listed in this section refer to Sydney time.

Standard cut-off times

The following cut off times apply to funds transfer and BPAY payments – payment instructions must be fully authorised before these times (in accordance with the account signatory authority), in order for funds to be processed within the processing times set out in section 7.

Funds transfer

BPAY payment

6:30pm (AEST/AEDT)

6:30pm (AEST/AEDT)

 

Modification cut-off times

The following cut off times apply to modification of scheduled funds transfer and BPAY payments.

Funds transfer

BPAY payment

6:30pm (AEST/AEDT) on the Business Day before the payment is due

6:30pm (AEST/AEDT) on the Business Day before the payment is due

 

Cancellation cut-off times

The following cut off times apply to cancellation of scheduled funds transfer and BPAY payments.

Funds transfer

BPAY payment

6:30pm (AEST/AEDT) on the Business Day before the payment is due

6:30pm (AEST/AEDT) on the Business Day before the payment is due

9.            Daily transaction limits

You can assign, change or remove a daily payment authorisation limit for an Authorised User by completing the relevant form.  Please ask your Relationship Manager for this form, or this form can be accessed via Electronic Banking.

Merchants and other facility providers may impose additional limits.

10.         Security

10.1       Security and Fraud

We are committed to providing the highest quality of financial services within a trusted environment.

Please read the Security and Fraud statement for more information.

10.2       Equipment security

You and any other Authorised Users must take all reasonable steps to protect the security of your respective computer hardware and software, including Mobile Devices. Reasonable steps include;

  • protecting your devices from viruses and maintaining passwords;
  • setting screen locks, and strong passwords to ensure that others do not have access to the use of your devices.

You and any other Authorised Users should log out from Electronic Banking at the end of each session.

We reserve the right at any time to log you and any other Authorised Users out of Electronic Banking, if you or the Authorised Users are inactive for a period of time after having first logged on.

10.3       Security guidelines

The security of your and any other Authorised User's Access Codes is very important, as whoever has access to them may be able to access your Account information and/or perform transactions on your Account. These guidelines are designed to help you keep your and any other Authorised Users' Access Codes secure.

By following these guidelines, you and any other Authorised Users can assist in preventing unauthorised access to your Account.  These guidelines do not determine your liability for unauthorised transactions, but if you fail to observe them then you may be held responsible for unauthorised activity.  Your liability will be determined under section 6 and any applicable codes of practice to which we subscribe.

To protect your Access Codes, you and any other Authorised Users should:

  • not disclose any Access Code to anyone, including a family member or friend;
  • take care to prevent anyone seeing an Access Code being entered into a computer or Mobile Device;
  • try to commit all Access Codes to memory and not record them by any means (including by storing them on a computer or Mobile Device, in writing on paper, or any article that could be accessed or stolen along with a computer or Mobile Device) without making a reasonable attempt to disguise them and protect their security;
  • not choose an Access Code which can be easily guessed including, for example, an Access Code that uses repeated characters, consecutive numbers, or an Access Code that represents a recognisable part of your or their name, birth date, telephone number or driver's licence number; and
  • change all Access Codes at regular intervals (where they are capable of being changed).

The following are examples of what is NOT a reasonable attempt at disguising an Access Code:

  • recording the Access Code in reverse order;
  • recording the Access Code as a telephone number in a place where no other numbers are recorded;
  • recording the Access Code as a telephone number including the Access Code in its correct sequence;
  • recording the Access Code as a sequence of numbers or letters with any of them marked to indicate the Access Code;
  • recording the Access Code as a date (including a birth date) or as an amount; or
    • recording the Access Code in any other way that can be easily identified.

10.4       Reporting loss, theft or misuse of Access Codes and devices

You are responsible for ensuring that you and any other Authorised User immediately notifies us:

  • if you suspect that the security of an Access Code or Mobile Device has been compromised; or
  • upon become becoming aware of any unauthorised transactions on your Account.

Please contact us on 1800 620 673 (Overseas +61 2 8245 4177).  For contact hours refer to our website www.macquarie.com

11.         Enhanced security measures

For certain activities on your Account, you or an Authorised User may be asked to comply with our enhanced security measures.

Our enhanced security measures provide an additional layer of security to help protect you and us from unauthorised transactions and fraud.  The measures may change from time to time at our discretion and include any appropriate method of authentication or contacting you to verify the transaction or activity on your Account.

Two-factor authentication, often referred to as "2FA", is an authentication process which uses two different layers of security to verify your identity. For instance, the first layer of authentication is a MAC and Password and a second layer of authentication is imposed when you or the Authorised User initiate certain transactions or performs certain activities on your Account. This additional layer of security may include, but is not limited to, the requirement to accept push notifications or input a rolling code produced by a Vasco token device or an authentication application (which you will first need to download).

12.         Third Party Websites

We may provide links on Electronic Banking and our website to other services or web-based resources, including those operated by third parties. These links are provided for your convenience and we are not responsible for the availability of websites or resources offered by third parties.  We do not endorse or accept responsibility for the content of such external websites or resources.  Your access and viewing of any third-party websites or resources is conducted at your own risk.

13.         Suspension and termination

We may, acting reasonably, suspend and/or terminate your or any other Authorised User's use of and access to Electronic Banking for any of the following reasons:

  • breach or suspected breach of these T&C’s, any Account Terms and Conditions or any other incorporated agreements or guidelines (in a material way);
  • where we reasonably believe that use of Electronic Banking may cause loss to you or us;
  • to comply with our obligations under any applicable laws (including any Anti-Money Laundering or Counter-Terrorism Financing laws and sanctions) or a court order;
    • fraud or suspected fraud;
    • requests by law enforcement or other government agencies; or
    • unexpected technical or security issues or problems.

Where possible, we will give you reasonable notice of suspension or termination, however this may not be possible in all circumstances.  To protect you and us, we may deactivate or suspend the use of your Password without prior notice if it is not used in 12 or more consecutive calendar months.

You may contact us to suspend your or any other Authorised User’s use of and access to Electronic Banking.

14.         General Terms and Conditions

14.1       Changes to T&C’s

We may change these T&C’s at any time and we’ll notify you of any changes as set out in the table below:

Type of change

Notice

Method of notification

New fee, increase to, or other change to, a fee relating solely to the use of Electronic Banking

30 days in advance

In writing or electronically

Changes increasing your liability for losses relating to transactions conducted via Electronic Banking

Impose, remove or adjust a daily or other periodical transaction limit that applies to the use of Electronic Banking

Government charges

In advance of the change, or as soon as practicable after, unless the change has been publicised by the Government

In writing, electronically or by press advertisement

If we make other changes to these T&C’s, we will publish an updated version of the T&C’s on Electronic Banking.  By accepting these T&C’s, you agree that our publishing of an amended version will be sufficient notice of any such changes and subsequent access to Electronic Banking will constitute acceptance of those amendments.  Where such changes are (in our reasonable opinion) materially detrimental to you, we will provide you with 30 days advance notice by posting an announcement on Electronic Banking which will summarise the nature of the changes.

14.2       Notices

By registering to use Electronic Banking, you will be taken to acknowledge and agree that we may give all notices and other communications in connection with these T&C’s electronically.  In providing these notices to you electronically, we will do so by:

  • emailing the notices to your last known email address or sending the notices through SMS to your last known mobile telephone number; or
  • making the notices available on our website or through Electronic Banking.

Where communications are made available on our website or through Electronic Banking, we will notify you of this fact by email or SMS.

You and any other Authorised Users are required to check your emails and SMS messages regularly to ensure electronic notices are received in good time.   

14.3       Updating your contact details

You must ensure that the contact details that you provide to us, including but not limited to your mobile phone number and email address, remain up to date. 

If your contact details change, you must let us know as soon as possible by contacting us.

14.4       Accuracy of Information

We will take reasonable steps to ensure that the information that we make available to you through Electronic Banking is correct and updated regularly at the intervals we specify from time to time.

Subject to applicable law and any other provisions in this section, we are not liable for or in connection with any inaccuracy, errors or omissions in that information because of the communications network or any other circumstances beyond our reasonable control.

14.5       Privacy

We are committed to providing the highest quality of financial services within a trusted environment. Please read the Macquarie Group Privacy Policy to understand how your personal information will be treated by the Macquarie Group.

14.6       Confidentiality

We respect the confidentiality of the information of all our clients.  Information which you provide to us will not be disclosed except where we are required or permitted to disclose it.  This includes where we are compelled by law, there is a duty to the public to do so, our interests require us to do so or the disclosure is made with your consent.

14.7       Proprietary rights

You acknowledge and agree that Electronic Banking consists of, and contains, Materials that are owned by MBL, its licensors and other contributors.  MBL has prepared and maintains each Electronic Banking service in good faith and we make no representation or warranty as to the accuracy or currency of the Materials.   Electronic Banking and the Materials (the "Content") are protected by intellectual property and other applicable laws. 

MBL grants you and each Authorised User a personal, non-transferable and non-exclusive licence to access and use the Content.  Under this licence you and each Authorised User:

  • are authorised to view, retrieve, store and print a copy of any Content for your own use;
  • must not (and must not permit any third party to) modify, sublicense, loan, sell or distribute the Content, in whole or in part, create derivative works based on or reverse engineer the Content, or otherwise use any of the Content in any way for any public or commercial purpose; and 
  • must not otherwise infringe the intellectual property rights of any person in using the Content.

14.8       Complaints

We are committed to providing you with the best possible level of service and improving this is important to us. Please contact us immediately if you have a concern, complaint or you wish to query or dispute a transaction or an entry on a statement. For more information on how to make a complaint please go to the Feedback and Complaints page.

14.9       Code of Banking Practice

The Banking Code of Practice (‘BCOP’) is an industry code which sets standards of good banking conduct.  The relevant provisions of the BCOP apply to this banking service if you are an individual or a small business (as defined in the BCOP).

15.         Definitions

Access Code means, individually and collectively, any component of an Access Method which we require you or any other Authorised User to keep secret, including any MAC, Password and SMS Code.

Access Method means a method of accessing an Account via  Electronic Banking authorised by us, and includes any one or more of a MAC, Access Code, Password, SMS Code or other code that we provide to you or any other Authorised Users, or which we permit you or an Authorised User to set up, from time to time. 

Account means your Loan Account or Bank Account held with us, which we agree can be accessed through Electronic Banking.

Account Terms and Conditions means the terms and conditions that apply to your Account which you access through Electronic Banking.  The relevant terms and conditions can be accessed through our website at www.macquarie.com or by contacting us.

ADI means any bank, building society, credit union or other authorised deposit-taking institution within the meaning of the Banking Act 1959 (Cth).

Authorised User means you and any other person we accept as an Authorised User under clause 2.1.  

Bank Account means a bank account issued by us, including a:

  • Business Banking Trust Account;
  • Business Banking Cheque Account;
  • Business Banking At Call Investment Account; or
  • Business Banking Term Deposit Account.

 

Batch Entry means a method of making BPAY payments from a non-credit card account to one or more Billers, by the batch payer compiling and transmitting a computer file to the Biller which contains payment instructions.

 

Biller means an organisation which issues bills that can be paid through the BPAY Scheme.

BPAY means BPAY Pty Ltd ABN 69 079 137 518.

BPAY Scheme means a service which allows payments to be made electronically to Billers.

Business Day means every weekday except for Australian national public holidays.

ePayments Code means the industry code so titled, which is administered and monitored by the Australian Securities and Investments Commission (ASIC).

Loan Account means a loan account issued by us.

MAC or Macquarie Access Code is a unique code allocated to you and any other Authorised Users by us which identifies you or the relevant Authorised User, and when used in conjunction with an Access Code provides access to Electronic Banking.

Materials means any proprietary and confidential information including messages, files, data, software, images, photographs, illustrations and text contained on Electronic Banking. 

MBL means the Business Banking Division of Macquarie Bank Limited ABN 46 008 583 542 (Australian Financial Services Licence and Australian Credit Licence 237502).

Mobile Device means a mobile phone or another type of personal electronic device as notified to us by you, or any other Authorised User, from time to time.

Electronic Banking means our online banking platforms “Macquarie Active Banking”, accessible at https://activebanking.macquarie.com, or “Macquarie Business Online”, which will be available to you when we notify you.  

Password means a security password which is issued by us, or selected by you or an Authorised User, which enables access to Electronic Banking.

Principal means a payer that meets the Batch Payer Eligibility Criteria as defined in the BPAY Payments Rules (BPAY Payment Module).

SMS Code means a code we send to your or any other Authorised User's Mobile Device, by short messaging service (SMS).

Third Party Website means a website relating to a product or service which is not our product or service, but which may be displayed and accessible through Electronic Banking.

we or us means MBL and its successors and assigns.  

you means an Account holder and each of you, if there is more than one Account holder. Any other grammatical form of "you" has a corresponding meaning.