Understanding these Terms and Conditions:

1.1. In these Terms and Conditions:

Activate and Activation refer to the activation of the Card or any Additional Card to enable you to use the Card or Additional Card.

Additional Card means an additional "Cash Passport” pre-paid debit card (or any replacement) which accesses the Cash Passport Fund.

ATM means an automated teller machine.

BPAY means the “BPAY” electronic payments service through which you can add additional funds to the Cash Passport Fund.

Card means the "Cash Passport” pre-paid debit card with both ATM and EFTPOS functionality (or any replacement) loaded in Australian dollars stated in the leaflet accompanying this PDS incorporating these Terms and Conditions and supplied to you. References to the Card include (where consistent with the context) the Card details, Security Details and PIN.

Card Services means any services provided by the Issuer or Travelex (or by service providers on Heritage’s or Travelex’s behalf) in connection with the Card or an Additional Card.

Cash Passport Fund means the record maintained by the Issuer (or by service providers on the Issuer’s behalf) of the funds loaded onto the Card and available for transactions using the Card or any Additional Card.

Customer Services means Travelex’s interactive voice response system (available in English) and call centre accessible using the Security Details, available 24 hours a day on the telephone number or numbers provided from time to time.

Distribution Outlet means any Travelex branch, travel agent or other organisation from which you purchased the Card which participates in the Cash Passport programme.

EFT Code means the Electronic Funds Transfer Code of Conduct issued by the AustralianSecurities and Investments Commission on 1 April 2001, as amended on 18 March 2002, and includes any subsequent amendments or replacements that the Issuer adopts.

EFTPOS means Electronic Funds Transfer at Point of Sale.

Emergency Assistance means those services set out at the end of these Terms and Conditions.

Issuer means Heritage Building Society Limited ABN 32 087 652 024, which is the issuer of the Card.

My Account means the internet site at www.cashpassportcard.com, which gives access to information about the Cash Passport Fund using the Security Details (or any other internet site we notify to you in replacement).

Negative Balance occurs in certain circumstances when your account is overdrawn. (For certain EFTPOS transactions merchants are allowed to process low value transactions without authorizing the transaction through Visa. For example if you had $30 remaining on your card but made a $50 transaction at a merchant who didn’t authorise the transaction, you would have a $20 Negative Balance. You are liable for any Negative Balance).

Personal Information is the information that the Issuer and Travelex and their respective agents collect from you, including any application form, correspondence, e-mails, telephone calls, internet communications and transactional information, in connection with the Card.

PIN means the personal identification number used to access some of the Card Services.

Security Details means some of the information given by you when applying for the Card (or for an Additional Card) or during Activation or any changes made to this information.

Travelex means Travelex Limited ABN 36 004 179 953.

Unauthorised Transaction means a transaction not authorised by you, but does not include any transaction carried out by you or by anyone performing the transaction with your knowledge and consent.

we, us, our means the Issuer and, except where the context indicates a different intention, also includes any agent acting on behalf of the Issuer.

you, your means the purchaser of the Card.

1.2. All amounts of money specified in these Terms and Conditions are in Australian dollars (unless otherwise specified).

1.3. References to days, times or periods of time in these Terms and Conditions are reckoned according to Eastern Standard Time.

2. Introduction

2.1. These Terms and Conditions govern the use of the Card and any Additional Card.

2.2. You agree to these Terms and Conditions by signing the back of a Card, using a Card, authorizing an Additional Card to be issued, Activating a Card or any Additional Card (but these are not the only ways that you can be taken to have agreed to be bound by these Terms and Conditions).

2.3. The Issuer is a subscriber to the EFT Code and warrants that, for as long as it remains a subscriber to the EFT Code, it will comply with the EFT Code in its dealings with you relating to the Card and the Cash Passport Fund.

2.4. You acknowledge and agree to the disclosures and other information contained in the Product Disclosure Statement in which these Terms and Conditions are printed. Those disclosures and information form part of the agreement between you and the Issuer except to the extent that these Terms and Conditions provide otherwise or qualify the disclosures and information.

3. Issuing of Cards

3.1. You should memorise the PIN to prevent unauthorised use of the Card. We recommend that you change the PIN to a number you can easily remember. You must also follow the rules on Card security (See condition 13).

3.2. The Card (and any Additional Card) is the Issuer’s property. The Issuer may suspend use of the Card (and any Additional Card) and/or ask that you return the Card (and any Additional Card) if the Issuer believes there is a good reason to do so (See condition 17.2). You must ensure that the Card (and any Additional Card) is promptly returned to the Issuer if it asks you to do so.

3.3. The Card is not a credit card and all use is limited to the amount pre-loaded and standing to the credit of the Cash Passport Fund and any other limits referred to in these Terms and Conditions.

3.4. There is no interest payable to you on the credit balance of the Cash Passport Fund.

3.5. Amounts can be added to the Cash Passport Fund only as specifically provided in these Terms and Conditions. The Cash Passport Fund is not a facility by which the Issuer takes other deposits from you.

3.6. The Cash Passport Fund does not amount to a deposit with the Issuer and the amount standing to the credit of the Cash Passport Fund does not count as an amount on deposit for any purpose.

4. Activation and Expiry

4.1. The Card and any Additional Card is Activated and ready to use within the period notified by the Distribution Outlet.

4.2. The expiry date is printed on the front of the Card. Any Additional Card will also expire on the same day as the Card.

4.3. The Card cannot be used after it has expired. However, you will still be able to obtain a refund of the Cash Passport Fund balance, less any applicable fees within 3 months of the expiry date (see condition 11).

5. Use of the Card

5.1. The Card (and any Additional Card) may, subject to any applicable fee, be used to withdraw cash from a Visa ATM and/or to pay for goods and services at retailers or merchants who accept Visa cards electronically. However, the Card (or any Additional Card) may not be used for accessing or purchasing goods from adult or gambling internet sites and must not be used for any unlawful activity.

5.2. You may also be able to obtain cash back at some retailers when making a purchase and cash advances through a financial institution, subject to a fee.

5.3. When a Card (or Additional Card) is used to purchase fuel at an automated fuel pump the Cash Passport Fund must have a minimum credit of $22. In addition, to make a telephone call there must be a minimum of $11. If you spend less than these minimum amounts it may take up to 7 days from the date of your transaction before any unused balance is available.

5.4. When a Card (or Additional Card) is used at bars or restaurants an additional percentage (usually, but not necessarily, 20%) may be automatically added as an anticipated service charge or tip and debited to the Cash Passport Fund. If your actual service charge or tip is less, it may take up to 7 days from the date of the transaction before the difference is available.

5.5. Certain businesses may not accept the Card (or Additional Card) as a means of pre-authorising expenditure. If the Card (or Additional Card) is used for this purpose, some businesses (such as hotels, cruise lines and car rental companies) may pre-authorise the estimated amount of the final bill and this amount will temporarily be unavailable. Only the actual amount of the final bill will be deducted from the Cash Passport Fund, although it may take up to 7 days to cancel the preauthorized amount.

5.6. When a Card (or Additional Card) is used to purchase goods by mail order or online an additional 10% may be automatically added as an anticipated delivery charge. If the actual delivery charge is less, it may take up to 7 days from the date of the transaction before the difference is available.

5.7. The Cash Passport Fund will be debited with the amount of each cash withdrawal or transaction and any fee and these debits will reduce the credit held in the Cash Passport Fund. Each transaction will require authorisation or validation before completion.

5.8. Although the Visa logo may be displayed in some countries the Card may not operate there (due to restrictions of Visa). The Distribution Outlet or Customer Services may be able to confirm current availability.

5.9. If there are insufficient funds in the Cash Passport Fund to pay for a transaction the Card (or Additional Card) may be declined or the retailer may allow you to pay the balance by some other means.

5.10. You agree to accept a credit to the Cash Passport Fund if you are entitled to a refund or other credit for any reason for goods or services purchased using the Card (or Additional Card).

5.11. A transaction or payment cannot be stopped once you authorise the use of the Card (or Additional Card). (10)

5.12. The ATMs and point of sale terminals are not owned or operated by the Issuer or Travelex and the Issuer and Travelex are not responsible for ensuring that they will accept the Card or any Additional Card.

5.13. You must comply with all laws and regulations (including any foreign exchange controls) in respect of the Card (or any Additional Card) in the country of purchase and/or use.

6. Card Limits

6.1. Most ATM operators limit the minimum and maximum amounts that can be obtained in a single transaction. These amounts may also be limited (in some countries) by regulatory controls.

6.2. Other limits are also applicable to the use of the Card (and any Additional Card), as set out in the fees and limits table.

7. Additional Cards

7.1. One Additional Card will be provided to you free of charge by the Distribution Outlet at the time you purchase the Card. You may also purchase one further Additional Card through the Distribution Outlet at the time you purchase the Card.

7.2. The Additional Card is used in the same way as the main Card but cannot be used to make credits to the Cash Passport Fund.

7.3. You can de-activate an Additional Card at any time through the Distribution Outlet or Customer Services.

7.4. You will be responsible for any transactions made with any Additional Card and for ensuring that an Additional Card is used in accordance with these Terms and Conditions.

8. Cash Passport Fund

8.1. Until the expiry of the Card you can add additional funds to the credit of the Cash Passport Fund through the Distribution Outlet (who will advise you of the acceptable methods of payment) or through BPAY, subject to certain limits and subject to a fee (refer to the fees and limits table). There may be a delay (usually no more than 2 business days) before funds added to the Cash Passport Fund via BPAY are available. You will be able to access the Cash Passport Fund through Customer Services or My Account to:
(a) change some of your personal details;
(b) check the balance;
(c) check the last 5 transactions through Customer Services or all transactions from My Account.

8.2. You may also be able to change the PIN through Customer Services (via an automated service) or through My Account.

8.3. You may also be able to make a balance enquiry at some ATMs although availability is dependent on the country and the ATM used. There may be a fee payable (to the ATM operator) for balance enquiries.

8.4. If an ATM displays a balance for the Cash Passport Fund in a currency other than Australian dollars, the exchange rate applied may be different to ours and minor discrepancies can arise. An accurate balance can be obtained through Customer Services or through My Account.

8.5. Information sent over the internet may not be completely secure and the internet and the on-line systems are not controlled or owned by the Issuer or Travelex so neither the Issuer nor Travelex can guarantee that they will function at all times and the Issuer and Travelex accept no liability for unavailability or interruption or for the interception or loss of Personal Information or other data.

8.6. Statements will be issued to you periodically at 6 monthly intervals. You can ask Customer Services for a paper statement to be posted to you outside the normal statement cycle although there may be a fee for this. You should carefully check all statements for any discrepancies and notify Customer Services immediately if you believe there is any discrepancy in any statement.

8.7. The Cash Passport Fund can only be used if it is in credit. If it becomes overdrawn, and a Negative Balance arises, following any transaction authorised by you, the resulting debit balance immediately becomes a debt payable by you to the Issuer. A fee may also be payable if the Cash Passport Fund becomes overdrawn. If the Cash Passport Fund does become overdrawn, that does not mean it will be allowed to become overdrawn on subsequent occasions.

8.8. If we notice an error in the Cash Passport Fund that is our fault we will correct it within 5 days of becoming aware of the error.

8.9. If you notice any error in any transaction in the Cash Passport Fund then you must notify Customer Services immediately and in any event within 30 days of the transaction in question. Customer Services or the Issuer may request you to provide additional written information concerning any error and you must comply with that request.

8.10. Provided that you have complied with all reasonable requests for information we will correct the error if it is our or any of our service providers’ fault. If we decide it is not our fault we will notify you in writing or by e-mail as soon as this decision is made. Where we are required to do so, we normally re-credit the Cash Passport Fund within 10 days, although there may be a delay whilst investigations are completed.

9. Fees

9.1. You are liable for the fees set out in the fees table. These fees may be debited from the Cash Passport Fund as soon as they are incurred.(11)

9.2. Certain merchants may charge an additional fee if the Card (or any Additional Card) is used to purchase goods and/or services. This fee is determined and charged by the merchant and is not retained by us.

9.3. If there is no credit balance on the Cash Passport Fund following the debit of any monthly inactivity fee (refer to the fees and limits table, if the balance is less than the fee we will waive the difference) and the Card has expired, we will automatically close the Cash Passport Fund.

10. Foreign Currency Transactions

10.1. If the Card or any Additional Card is used to make a withdrawal or purchase in a currency other than Australian dollars or with a merchant outside Australia, the amount of the transaction will be converted into Australian dollars. The exchange rate used for the conversion varies each day and will include a foreign exchange margin of 5.95%, set by Travelex (See example in Fees and Limits section).

11. Closing the Cash Passport Fund

11.1. The Cash Passport Fund continues until you ask to close it or it is closed by us in accordance with these terms and conditions (whichever is the earlier), even if the Card has expired.

11.2. At any time before the Card has expired, you may be able to arrange through the Distribution Outlet for payment in Australian dollars of any credit balance remaining in the Cash Passport Fund, less any applicable fee (refer to the fees and limits table). If you experience any difficulty in obtaining this balance through the Distribution Outlet or if the Card has expired then contact Customer Services. The credit balance available to you will not include uncancelled pre-authorised or ‘held’ amounts (see condition 5), although these sums will be made available to you once the pre-authorisation has been cancelled or the ‘held’ amounts released and the relevant amounts re-credited to the Cash Passport Fund.

11.3. Once the Cash Passport Fund is closed, you must destroy the Card and any Additional Card by cutting it (or them) in half diagonally and disposing of it (or them) securely.

12. Emergency Assistance

12.1. You are entitled to Emergency Assistance from Activation until expiry of the Card.

12.2. The Emergency Assistance services are available to you, your partners and children under 16 years of age.

12.3. The Issuer does not provide the Emergency Assistance services and does not promise that the Emergency Services will:
(a) always be available;
(b) be suitable for any purpose; or
(c) be provided to any particular standard.

12.4. You acknowledge that any changes to, or discontinuance of, the Emergency Services can occur without the Issuer’s participation.

12.5. You also acknowledge and agree that:
(a) the Emergency Services are used at your own risk;
(b) the Issuer is not liable for any liability or loss arising in connection with the use by you of the Emergency Services or because of the Emergency Services being unavailable or discontinued;
(c) you will indemnify the Issuer against those liabilities and losses;
(d) you cannot make any complaint to the Issuer about the Emergency Services; and
(e) you do not rely on the Emergency Services being available, being suitable for any purpose or
being provided to any particular standard in deciding to purchase the Card.

13.1. You must make sure that you keep the Card, any Additional Card, the Security Details and any PIN safe and secure by:
(a) never allowing anyone else to use the Card or anyone else to use the Additional Card;
(b) not interfering with any magnetic stripe or integrated circuit on the Card or any Additional Card;
(c) not giving the Card or Additional Card number to any unauthorised person;
(d) not writing the PIN on the Card or any Additional Card;
(e) not carrying the PIN with the Card or any Additional Card;
(f) not recording any PIN where it may be accessed by other people;
(g) not giving a PIN to anyone else (including the police and/or Customer Services personnel or
the Distribution Outlet’s employees);
(h) not giving the Additional Card PIN to any person;
(i) not giving any Security Details to any unauthorised person;
(j) complying with any instructions we give about keeping the Card, any Additional Card and any
Security Details safe and secure;

13.2. The Card will be disabled if an incorrect PIN is entered three times. If the Card is disabled, please contact Customer Services to reactivate the Card. There may be a delay (usually 24 hours) in reactivating a disabled Card.

14. Loss, Theft and Misuse of Cards

14.1. If you know or have reason to suspect that the Card (or any Additional Card) is lost or stolen or (12) damaged, likely to be misused or you have reason to suspect that someone else may know the PIN or Security Details, you must stop using the Card and any Additional Card and immediately notify the Distribution Outlet at which you applied for the Card in person or contact Customer Services. We will then suspend the Cash Passport Fund to restrict further use.

14.2. You may be required to confirm details of the loss, theft or misuse in writing (and to provide particular information in the confirmation) and you must comply with that request.

14.3. You must assist us and the police in any enquiries and attempts to recover a lost or stolen Card or
Additional Card.

14.4. If any lost Card or Additional Card is subsequently found it must not be used unless Customer Services confirm it may be used.

15. Liability for Unauthorised Transactions

15.1. For as long as the Issuer remains a subscriber to the EFT Code, your liability for losses arising from Unauthorised Transactions will be determined under the EFT Code.

15.2. You will not be liable for losses resulting from Unauthorised Transactions where it is clear that you have not contributed to the loss.

15.3. You will not be liable for losses resulting from Unauthorised Transactions that are caused by the fraudulent or negligent conduct of:
(a) our staff or agents;
(b) companies involved in networking arrangements; or
(c) merchants who are linked to the electronic funds transfer system or of their agents or
employees.

15.4. You will not be liable when Unauthorised Transactions:
(a) happen with a Card or Additional Card after notification to us that the Card or Additional Card has been misused, lost or stolen or that the security of the relevant PIN has been breached;
(b) happen before you receive the Cards and PINs;
(c) are made with forged, faulty, expired or cancelled cards or numbers (as applicable); or
(d) are the result of the same transaction being incorrectly debited more than once to the same
Cash Passport Fund.

15.5. You will be liable for losses resulting from Unauthorised Transactions where we can prove on the balance of probability that you have contributed to the losses through:
(a) fraud;
(b) voluntarily disclosing the relevant PIN to anyone, including a family member or friend;
(c) writing the relevant PIN, or a disguised record of it, on a Card or Additional Card;
(d) keeping a record of the relevant PIN without making a reasonable attempt to disguise it or
to prevent unauthorised access to it, in a way that it could be lost or stolen with a Card or
Additional Card;
(e) if you are allowed to select or change a PIN – selecting a PIN which represents your birth date,
or an alphabetical code which is a recognisable part of your name, after we or our agents have
asked you not to select such a PIN and told you of the consequences of doing so; or
(f) acting with extreme carelessness in failing to protect the security of the relevant PIN.

15.6. You will be liable for losses resulting from Unauthorised Transactions where we can prove on the balance of probability that you have contributed to the losses through unreasonably delaying notification of the misuse, lost or theft of a Card (or Additional Card) or that the security of the relevant PIN has been breached. However, your liability in this case is limited to losses occurring between the time that you became aware (or should reasonably have become aware) of the misuse, loss, theft or security breach and when we were actually notified and will not be any higher than that portion of the losses incurred:
(a) on any one day, which exceed any daily transaction limit applicable to the Card (or Additional
Card, as applicable); or
(b) exceeding the balance of the Cash Passport Fund available for transactions using the Card
(or Additional Card).

15.7. You will be liable for losses resulting from other Unauthorised Transactions not described above, but if a PIN was required to perform an Unauthorised Transaction not described above, your liability is limited to the least of:
(a) $150;
(b) the balance of the Cash Passport Fund available for transactions using the Card (or Additional
Card); or
(c) the actual loss at the time we are notified of the misuse, loss or theft of the Card (or Additional
Card) or of the breach of security of the PIN (excluding that portion of the loss incurred on any
one day which exceeds the applicable daily transaction limit).

15.8. To dispute a transaction(s) on your card complete the ‘Cardholder Statement of Disputed
Transactions’ form and fax to +44 1733 502179.

16. Replacement Cards

16.1. If the Card (or any Additional Card) is lost, stolen or damaged, you can request a replacement by attending in person at the Distribution Outlet. Prior to the issue of a replacement you may be asked to produce proof of identification.

16.2. If you are abroad or if for any other reason the Distribution Outlet is unable to provide a replacement, (13) you may contact Customer Services who will arrange for funds to be made available from various world-wide outlets or send funds direct to you in place of a replacement Card.

17. Ending of the Agreement

17.1. You may end this agreement at any time by writing to, or e-mailing, Customer Services and the Cash Passport Fund will subsequently be closed (see condition 11).

17.2. The Issuer may ask for the return of the Card or any Additional Card, cancel or suspend their use and/or end this agreement if:
(a) the Issuer thinks the Card or any Additional Card has been or is likely to be misused;
(b) you breach any of these Terms and Conditions;
(c) the Issuer suspects any illegal use of the Card or any Additional Card;
(d) you gave the Issuer, Travelex or the Distribution Outlet false, inaccurate or incomplete
information when you applied for the Card.

17.3. The Issuer may end this agreement for any other reason, or without assigning a reason, by giving you at least 30 days’ notice.

17.4. If the Cash Passport Fund is closed, we will refund any credit in the Cash Passport Fund (less any fees, see condition 11 for more information).

18. Changing the Terms and Conditions

18.1. We may change these Terms and Conditions (including bringing in new terms, changes in the fees or limits and the services we offer) at our discretion by giving you at least 20 days’ notice (see condition 21 for details of how we will communicate with you).

18.2. We may change these Terms and Conditions without notice in order to enable us to comply with any laws or legal obligations.

18.3. We may also change these Terms and Conditions without notice in order to make a change
necessitated by an immediate need to restore or maintain the security of the system or the Cash
Passport Fund.

19. Your Personal Information (Important Information about your Privacy)

19.1. By purchasing the Card you consent to the Issuer, Travelex and the Distribution Outlet collection, using and disclosing your Personal Information under these Terms and Conditions. If you do not agree to our doing so then we cannot make the Card facility available to you and you should not purchase the Card.

19.2. You must notify us immediately of any change to your address and other contact details by accessing My Account (via www.cashpassportcard.com) and typing the relevant changes yourself or by contacting Customer Services. You should also contact Customer Services if you change your name. We will not be responsible if you do not receive any notice or correspondence that has been sent in accordance with the contact details you have provided to us.

19.3. You may be required to provide information to the Issuer, Travelex or the Distribution Outlet (including evidence of identity) when purchasing the Card or adding additional funds to the Card.

19.4. The Issuer will take all reasonable precautions to keep Personal Information secure and protect it under its privacy policy. A privacy statement which sets out the Issuer’s and Travelex’s joint privacy policy in relation to the Card was contained in your application form for the Card.

19.5. Your Personal Information may be disclosed by the Issuer or Travelex to third parties to facilitate the provision of the Card services, to monitor compliance with these Terms and Conditions and for anti-money laundering, detection of crime, legal compliance and fraud prevention purposes. The Issuer and Travelex may also disclose Personal Information to collection agencies and lawyers in the event that we seek to recover any money that you owe under these Terms and Conditions

19.6. In addition, by successfully applying for Cash Passport, you are consenting to Travelex using your personal information to notify you of our related products, promotions and customer surveys that we may conduct from time to time. You can elect to not receive further notifications by emailing us at unsubscribe@travelex.com.au, by mail at Level 12, 1 Margaret Street, Sydney NSW 2000 or by telephone 1800 036 739.

19.7. Your Personal Information will be processed outside Australia but all service providers are required to have adequate safeguards in place to protect your Personal Information.

19.9. We will continue to keep such of your Personal Information that is necessary after the expiry of the Card or closure of your Cash Passport Fund on the same terms as are set out above.

19.10. You are entitled to ask Travelex or the Issuer to supply you with any Personal Information that we hold about you. You must submit your request in writing. We will delete any incorrect information or correct any errors in any of your Personal Information that come to our notice.

19.11. To aid us in the provision of the services provided under these Terms and Conditions, in the interests of security, and to help the Issuer and Travelex maintain and to improve their level of service, all telephone calls may be recorded and/or monitored.

20. Our Liability

20.1. We will not be liable to you for any loss due to:
(a) any instructions given by you not being sufficiently clear; (14)
(b) any failure by you to provide correct information;
(c) any failure due to events outside our reasonable control;
(d) any system failure or industrial dispute;
(e) any ATM refusing to or being unable to accept the Card or any Additional Card;
(f) the way in which any refusal to accept the Card or any Additional Card is communicated;
(g) any indirect, special or consequential losses;
(h) any infringement by you of any currency laws in the country where the Card or Additional
Card is issued or used;
(i) any dispute between you and the supplier of any goods and/or services purchased with the
Card or any Additional Card;
(j) our taking any action required by any government, federal or state law or regulation or court
order; or
(k) anything specifically excluded or limited elsewhere in these Terms and Conditions.

20.2. However, your liability for Unauthorised Transactions will be determined according to the EFT Code (see condition 15).

20.3. If any warranties or conditions are implied because of Part 2 of the Australian Securities and Investments Commission Act 2001 or any similar law in respect of services supplied under these Terms and Conditions or in connection with the Card (or any Additional Card), then our liability for a breach of any such warranty or condition is limited to:
(a) the supplying of the services again; or
(b) the payment of the cost of having the services supplied again.

20.4. The Distribution Outlet is only authorised by the Issuer or Travelex to provide the services explained in the Product Disclosure Statement in which these Terms and Conditions are printed.The Issuer is not responsible for and accepts no liability for any other goods or services that may be offered or provided to you by the Distribution Outlet.

20.5. The Issuer does not maintain the website through which My Account is accessible. You agree that the Issuer is not responsible for any content on that website other than information relating specifically to you, the Cash Passport Fund or your Card (or any Additional Card).

21. Communications

21.1. You agree that we may give written notices or other communications to you under or in connection with these Terms and Conditions either:
(a) by writing to you at your residential or postal address last known to us;
(b) by giving it to you personally or leaving it at your residential or postal address last known to us;
(c) by electronic communication to your e-mail address or fax number last known to us or which
you last gave us for sending notices and communications to you; or
(d) if the notice or communication is not personal to you – by publishing a notice in a newspaper
circulating nationally in Australia.

21.2. For the purpose of giving you information that we are required to provide under the EFT Code (This includes statements of account. It does not, however, cover any information that we want to provide to you that is not required by the EFT Code to be provided to you):
(a) we will only do so by electronic communication if you have made a specific positive election
to accept electronic communications;
(b) you have the right to vary your nominated e-mail address or fax number;
(c) you have the right to terminate your agreement to receive the information electronically (A fee
for the provision of paper communications may apply. Please refer to the fees table); and
(d) if within 6 months after the electronic communication is given, you ask Customer Services for a paper copy of the information provided electronically, the paper copy will be provided to you.

21.3. If we give a notice or other communication to you by e-mail, the content of the notice or communication may be:
(a) set out in the body of the e-mail;
(b) included as an electronic document attached to the e-mail; or
(c) made available at My Account for retrieval by you (with the e-mail advising you of this and
of the general nature of the information, and giving you the ability to readily retrieve the
information electronically. For example, by means of a link to My Account).

21.4. If we give a notice or other communication to you:
(a) by writing to you – you are taken to have received it when it would be delivered in the ordinary
course of the post;
(b) by giving it to you personally or leaving it for you – you are taken to have received it on the
day of delivery; or
(c) electronically – you are taken to have received it on the day it is transmitted.

21.5. In addition to the ways set out in these Terms and Conditions, we may give you a notice or other communication by using any method allowed or required by a law or the EFT Code. If a law or the EFT Code requires us to use a particular method, we will do so.

21.6. You agree that, for the purpose of telephone communications originated or received by us or
Customer Services, and for the purpose of electronic communications received by us or Customer Services, we or Customer Services:
(a) may verify your identity by reference to any or all of the Security Details; and
(b) may process on the basis that we or they are dealing with you if satisfied by that verification.(15)

22. Third Parties

22.1. The Issuer may transfer its rights and obligations under its agreement with you to any other person or business. If this happens, the person or business to which this agreement is transferred assumes all of the Issuer’s rights and obligations under the agreement. From then on, references in these Terms and Conditions to the Issuer are to be read as references as the person or business to which the agreement was transferred.

22.2. Except in those circumstances, nothing in these Terms and Conditions will confer on any third party any benefit or the right to enforce any terms of the agreement between you and the Issuer.

23. Governing Law

23.1. These Terms and Conditions, and the agreement between you and the Issuer, are governed by the laws of the State of Queensland, Australia and any legal questions concerning the Terms and Conditions or the agreement will be decided under those laws.

23.2. You submit to the non-exclusive jurisdiction of the courts of Queensland, Australia at Brisbane to hear and determine any disputes or legal questions concerning these Terms and Conditions or the agreement between you and the Issuer.