Westpac

Consumer Credit Cards.

Effective as at 20 March 2013.

Your Credit Card Contract includes this Conditions of Use brochure, the letter which advises both your credit limit and other prescribed information we are required to give you by law, and the precontractual statement, if any, contained in the brochure that accompanied your application form. Therefore it is important that you read all documents carefully and retain them for future reference.

We would ask you to take some time to read through these Terms and Conditions, as they contain important information regarding the use of your Westpac Credit Card. If you are unsure about any of the information contained in this brochure, please contact us on 1300 651 089 or call into one of our branches.

Cards Customer Service Centre

24 hours a day, 7 days a week

Black Cards Priority Service 1300 651 999

Platinum and Platinum Plus Cards 1300 859 100

8am - 8pm, 7 days a week

Holden Cards 131 200

All other Cards 1300 651 089

Lost or Stolen Cards service

Available 24 hours a day, 7 days a week

If you are calling about a lost or stolen card from

overseas, call the International Operator to book a

reverse charge call for Black Cards to +61 3 6345 1999,

Platinum and Platinum Plus Cards to +61 2 9374 7082

or for All other Cards to +61 3 6345 1058. Please note

that calls made from mobile phones or hotel rooms may

attract additional charges, not covered by the reverse

charge service.

Table of Contents

1.1 Introduction 6

1.2 When the Conditions of Use take effect 6

1.3 ePayments Code 6

1.4 Code of Banking Practice 6

3.1 Types of Cards 12

3.2 Additional Cards 12

3.3 Selection/Issue of PIN 13

3.4 Card reissue 14

3.5 All Cards remain our property 14

4.1 When can you use your Card? 14

4.2 Where can you use your Card? 14

4.3 Foreign currency transactions 15

4.4 Purpose of use 17

4.5 Transactions at Electronic Banking Terminals 17

4.6 Card acceptance 19

4.7 Transaction limits 19

4.8 Do transactions have to be authorised? 20

4.9 Transaction records 20

4.10 Processing date and posting of transactions 20

4.11 Transaction information 21

4.12 Anti-Money Laundering and Counter Terrorism

Financing Obligations 21

5.1 How much credit can you obtain? 22

5.2 How much cash can you obtain? 22

5.3 Amounts that are charged to the Card Account 22

6.1 How do you know how much you owe? 23

6.2 If you think there is a mistake 23

7.1 Fees and charges 24

7.2 Interest charges 24

7.2.1 Calculation of interest charges 25

7.2.2 Accounts with no interest free period for purchases 26

7.2.3 Accounts with interest free period for purchases 27

7.3 Government charges 28

7.4 Effective date and adjustments 29

9.1 What is the minimum payment required? 30

9.1.1 All Card Accounts except FAI Home Loans

VisaR Card Account 30

9.1.2 FAI Home Loans Visa Card Account 31

9.2 How and where can you make your payment? 31

9.3 ATM deposits 32

9.4 How we apply your payments 32

9.5 Uncleared funds 33

9.6 Default & Acceleration of Amounts Due 33

9.7 Enforcement without Notice 34

9.8 Hardship 35

10.1 How to report a lost or stolen Card or PIN or

unauthorised transactions 35

10.2 Investigating and resolving problems 36

11.1 Protecting your Card and PIN 37

11.2 Liability for unauthorised transactions 39

11.2.1 Transactions not involving Manual

Signature Comparison 39

11.2.2 Other unauthorised transactions 42

11.2.3 eCommerce Transactions 42

11.2.4 Where we may not process your claim 42

12.1 Electronic banking access 43

12.2 What happens if an Electronic Banking

Terminal does not work? 43

13.1 Suspension, cancellation and termination 44

13.2 Stopping the Card Account 45

13.3 Variation 45

14.1 Marketing consent 47

14.2 Change of name or address 47

14.3 Service fees 48

14.4 Certificate of balance 48

14.5 Set off – no deduction 48

14.6 Exercising our rights 49

14.7 Governing law 49

14.8 Non-assignment 49

14.9 Electronic Communications 49

14.10 Credit Review 49

1.0 These Conditions of Use

(a) These Conditions of Use, together with the other documents

comprising the Credit Card Contract, govern the use and

operation of your Credit Card, including the use of your

Credit Card and PIN.

(b) These Conditions of Use apply to the Primary Cardholder,

any Additional Cardholder and to all transactions involving

the use of your Card or Card details.

(c) These Conditions of Use do not, on their own, contain all the

terms applying to your Credit Card, so it is important that

you read all of the documents comprising the Credit Card

Contract carefully and retain them for future reference.

(d) Any other separate terms and conditions (expressed or

implied) applicable to Nominated Accounts will continue to

apply to you and transactions involving the use of your Card

and PIN.

(e) If there is any inconsistency between these Conditions

of Use and other terms and conditions, these Conditions

of Use will prevail.

(f) If you do not understand something in these Conditions of

Use, please talk to our staff. They will be happy to help you.

Either activation of the Card Account, or the first transaction on

the Card Account (whichever comes first), will be taken as your

agreement to comply with these Conditions of Use.

The ePayments Code governs certain electronic payments to or

from your Card Account where you are an individual.

We will comply with this Code where it applies.

(a) Each relevant provision of the Code of Banking Practice

applies to our Consumer Credit Cards.

(b) The general descriptive information referred to in clauses

13.1 and 13.2 of the Code of Banking Practice can be

obtained by calling our Cards Customer Service Line on

1300 651 089. This includes information about:

information;

are in financial difficulty; and

applying to the relevant banking service.

2.0 Definitions

In these Conditions of Use:

the person(s) in whose name the account is conducted and

who is (subject to these Conditions of Use) responsible for all

transactions on the account. In relation to the Card Account,

the Account Holder is the Primary Cardholder.

to time is issued with an additional Card for use on the Card

Account at the request of the Primary Cardholder.

percentage rate or rates per annum applicable to the Card

Account, as shown in the letter which advises your credit limit

and other prescribed information which we are required to give

you by law, or as agreed between you and us under Promotion

Plans from time to time.

Corporation ABN 33 007 457 141 AFSL and Australian credit

licence 2337 1 4.

BPAY Pty Ltd ABN 69 079 137 518 of which we are a member.

BPAYR is governed by a separate Product Disclosure Statement

located at westpac.com.au. BPAY access to your Card Account

shall only be provided if you separately apply for and are

approved by us to receive BPAY.

American ExpressR Card, Visa Card or MasterCardR credit card

issued by us to you, for use on the Card Account from time to time.

Rewards Card Accounts

Non Rewards Card Accounts

Cash Advance, including transactions where you:

machine or at a financial institution; or

limited to, using the Card Account to purchase gambling chips

or tokens, traveller’s cheques or money orders, or to load

value to a stored value card or facility); or

the Merchant does not accept Credit Card payments; or

financial institution; or

Account to another account.

Merchants enter into an agreement with their chosen financial

institution, enabling the Merchant to accept payment for goods

and services by credit card. Westpac, as the issuer of your

Card, is only able to determine whether to treat a transaction

you make with a Merchant on your Card Account as a purchase

or a Cash Advance, based on information (including the type of

business conducted by the Merchant) provided by that financial

institution in the course of processing the transaction.

Accordingly, Credit Card transactions made with certain

Merchants may be treated as Cash Advances, even though

such transactions do not fall within any of the above transaction

categories. The most common types of Merchant outlet where

this may occur are newsagencies and Merchants that sell

lottery tickets or other gambling/gaming products.

you as the account linked to the cheque button when using an

Electronic Banking Terminal.

required in order to make Electronic Transactions to or from

your Card Account and which the User is required to keep

secret.

which can be used to make a Contactless Transaction.

holding your Card (which is capable of making a Contactless

Transaction) in front of a Contactless Terminal and without

having to insert or swipe the Card.

the letter which advises your credit limit and other prescribed

information we are required to give you by law, and the

precontractual statement, if any, contained in the brochure that

accompanied your application form.

dividing the Annual Percentage Rate by 365.

Electronic Transactions.

between a cardholder and a Merchant over the internet or other

networks using a personal computer or other access device. Mail

orders and telephone orders are excluded from this definition.

or device in which you can use your Card and PIN. This includes:

institutions in Australia;

for your Card;

(for MasterCardR Cards only);

Bank’s electronic banking system from time to time.

computers, televisions and telephones.

and cash withdrawal transactions that are initiated on your

Card Account using Electronic Equipment and not intended

to be authenticated by comparing a manual signature with a

specimen signature.

VisaR Card Account, your Link Line loan account with Perpetual

Trustees Australia Limited, managed by FAI First Mortgage Pty

Limited (known as FAI Home Loans), through which your FAI Link

Line Home Loan facility operates and from which payments to the

FAI Home Loans Visa Card Account will be made.

financial institution located outside Australia;

financial institution located in Australia; or

located outside Australia.

provide to perform an Electronic Transaction but is not required

to keep secret.

authenticating your authority to make a transaction on the Card

Account, involving verification by comparison of your manual

signature with a written specimen signature, such as the

signature that appears on your Card.

payment by Card.

account (including the Card Account) nominated by the Account

Holder and accepted by us, which can be operated by a Card,

either with or without a PIN.

Banking is governed by a separate Terms and Conditions

located at westpac.com.au. Online Banking access to your Card

Account shall only be provided if you separately apply for and

are approved by us to receive Online Banking.

has been selected by you, or which has been allocated to you by

us, for use with your Card in any Electronic Banking Terminal.

Account with us.

us to the Primary Cardholder, in terms of which, if the offer is

accepted, a different Annual Percentage Rate will apply to an

agreed portion of the balance of the Card Account for an agreed

period of time.

services purchased by the use of a Card except Cash

Advances;

you as the account linked to the savings button when using an

Electronic Banking Terminal.

carry out a range of transactions, such as; checking account

balances, paying bills and transferring money. Telephone

Banking is governed by a separate Terms and Conditions

located at westpac.com.au. Telephone Banking access to your

Card Account shall only be provided if you separately apply for

and are approved by us to receive Telephone Banking.

without your knowledge or consent.

Additional Cardholder, as appropriate.

Westpac On-Charged Scheme Fee and the relevant Westpac

Processing fee, charged to you in accordance with Clause 7.1

and shown separately on your statement from any foreign

transaction amount.

corporate which include Westpac General Insurance Limited

and Westpac Life Insurance Services Limited.

be charged by MasterCardR, Visa and American ExpressR to

Westpac on foreign transactions, which we pass on to you.

being a percentage of the Australian dollar transaction amount

of a foreign transaction.

3.0 The Card and PIN

These Conditions of Use govern:

Rewards Cards

Non Rewards Cards

(a) You (being the Primary Cardholder) can ask us to give an

additional Card and PIN to one person you nominate as your

agent to operate on the Card Account, provided that person

is over the age of 16 years. An Additional Cardholder must

also comply with these Conditions of Use. Additional Cards

are not issued on Westpac Student Visa Card Accounts.

(b) Where an additional Card has been issued at your request:

information about the Card Account for the purpose of

their use of the additional Card. In addition, you authorise

us to act on the instructions of the Additional Cardholder

in relation to the Card Account, except for a request

for an increase to the credit limit on the Card Account,

termination of the Card Account or the replacement of the

additional Card following cancellation of that Card by you;

you must pay for all transactions made by the Additional

Cardholder, including any charges;

several pieces and either returning them to us, or

informing us by telephone that you have destroyed the

Card and disposed of the pieces securely. You must then

write to us to confirm cancellation of the Card. If you

cannot destroy the Card, you should ask us to put a stop

on the Card Account;

the additional Card because, although a stop may have

been placed on the Card Account, the additional Card

may still be used in some circumstances (for example, for

store purchases below floor limits where no electronic

approvals are in place). You will not be responsible for

the continuing use of the additional Card from the later

of the date you advise us that you want the additional

Card cancelled, and when you have taken all reasonable

steps to have the additional Card returned to us. What

constitutes taking all reasonable steps to have the

additional Card returned to us will vary, depending on the

particular circumstances. At a minimum, it will require

you to contact the Additional Cardholder, if at all possible,

and request them to surrender the additional Card to you,

so that you can return it to us.

(c) When the Additional Cardholder uses their Card to access

accounts held by that Additional Cardholder, they are acting

as a principal in their own right. You will not be responsible

for any such use where you are not party to such an account.

(d) As stated in paragraph (a) of this clause, an additional

Card is issued at your request to a nominated Additional

Cardholder, as your agent to operate on the Card Account.

On your death, the authority you have given the Additional

Cardholder is automatically cancelled and the additional

Card can no longer be used to access either the Card

Account or any accounts held by the Additional Cardholder.

(e) If the Additional Cardholder wishes to deposit a cheque

made out to them into the Card Account they must firstly

transfer ownership of the cheque to the Primary Cardholder.

This is done by the Additional Cardholder writing the words

“Please pay (Primary Cardholder’s name)”, along with the

Card Account number, then signing the back of the cheque.

You may be required to select a PIN upon collection of your

Card or we will allocate a PIN to you when your Card is first

issued. You can change your PIN at any time using special

terminals located in Westpac branches in Australia. If the record

of the PIN is lost or stolen, you can select a new PIN or we

may issue you with a new PIN and, in some circumstances, we

may issue you with both a new Card and PIN. You can use your

existing PIN with a Card that replaces a Card reported lost or

stolen, unless we tell you otherwise and issue you a new PIN.

We may issue a new Card to you at any time. All such Cards are

subject to these Conditions of Use. We reserve the right not to

reissue a Card.

You agree that your Card remains the property of the Bank and

agree to return the Card to us on:

FAI Link Line Account.

4.0 Using the Cards

(a) Your Card is valid only if it has been signed by you.

(b) Your Card is only to be used during the validity period. If

the Card is outside of the validity period you must destroy

that Card immediately by cutting it into several pieces and

disposing of them securely.

(c) You must not use the Card if the Card has been suspended,

cancelled or the Credit Card Contract has been terminated

or you have otherwise been instructed by Westpac not to

use the Card.

(a) You can use:

MasterCardR Card, Visa Card and American ExpressR Card

in Australia and most overseas countries.

(b) You can use your Card at any Merchant directly or by

mail order, telephone order, through the internet or at

any financial institution or Electronic Banking Terminal

displaying the applicable scheme sign for your Card.

You or an Additional Cardholder may authorise a Merchant

to charge amounts to your Card Account over time.

You should keep a record of all regular payments arranged

with Merchants, including the Merchant name and

contact details, and the amount(s) and date(s) upon which

payments are to be processed. To cancel or change any

regular payment authority you should contact the Merchant

in writing at least 15 days prior to the next scheduled

payment. Until you notify the Merchant, Westpac is required

to process transactions from the Merchant. If the Merchant

does not comply with your request to cancel the regular

payment arrangement, you may be able to dispute the

charges if you can show written evidence of the notice to

cancel the regular payment arrangement.

Should your Card number be changed i.e. as a result

of a lost or stolen Card you must request the Merchant

to change the details of your existing regular payment

arrangement to ensure arrangements continue. If you do

not undertake to notify the Merchant of a change in Card

details your regular payment arrangement either may not be

honoured by the Bank or the Merchant may stop providing

the goods and/or services.

Should you elect to close your Card Account or your

Card Account is closed by the bank you should contact

all Merchants with whom you have regular payment

arrangements to revise your Card Account details. Failure

to do so may result in the Merchant failing to provide the

goods and/or services.

(c) If you use your Card outside Australia, Australian exchange

control requirements may apply. Details of requirements, if

any, may be obtained from our branches.

(a) Any statement entries for purchases or Cash Advances/

withdrawals made in a foreign currency will separately set

out the following two components:

dollars by the applicable Credit Card scheme; in one

entry; and in a second entry the Westpac Foreign

Transaction Fee, being the Westpac On-Charged Scheme

Fee calculated as follows: The credit card schemes

charge fees when processing credit card transactions

made in foreign currencies. The fees are either charged

to Westpac during the process of converting the foreign

currency amount into Australian dollars, or are charged to

Westpac separately. Westpac passes these fees onto you.

The fees vary depending on the applicable credit card

scheme and the nature of the foreign transaction; and

you by Westpac being a percentage of the Australian

dollar amount of a foreign transaction after conversion by

the applicable Credit Card scheme.

Details of the Westpac On-Charged Scheme Fee and the

Westpac Processing Fee are set out in the Financial Table

which advises your credit limit, interest rate(s) and other

important details about your card or in any notice we give

you notifying you of a change in these fees.

(b) Transactions processed in foreign currencies will be

converted into Australian dollars before they are listed on

Card Account statements. Levies or fees may be charged

by the applicable Credit Card scheme during the conversion

process. In most cases, the rate applied to the refund of

purchase transactions will differ from the original rate applied

to the purchase. The method of conversion is as follows:

MasterCard

MasterCard International Incorporated (MasterCard)

processes Cash Advances, purchases, any other charges

incurred and refunds made in foreign currencies, and

converts these transactions into Australian dollars.

Transactions that are made in foreign currencies other

than United States dollars are converted into United States

dollars before being converted into Australian dollars.

The exchange rate used for the conversion is either a

government mandated exchange rate or a wholesale

exchange rate, selected by MasterCard for the applicable

currency on the day the transaction is processed. That

rate may differ from the rate applicable to the date the

transaction occurred, or the date when the transaction is

posted to the Card Account.

Visa

Visa Worldwide PTe LTD (Visa) processes Cash Advances,

purchases, any other charges incurred and refunds made

in foreign currencies, and converts these transactions into

Australian dollars. Transactions that are made in United

States dollars, Canadian dollars, New Zealand dollars,

Singapore dollars, Pounds Sterling, Euros and Japanese Yen

are converted directly into Australian dollars. Transactions

that are made in any other foreign currency are converted

into United States dollars before being converted into

Australian dollars. The exchange rate used for the

conversion is a wholesale market exchange rate selected by

Visa from within a range of wholesale market rates in effect

the day before they process the transaction.

American ExpressR

American Express International Incorporated (Amex)

processes Cash Advances, purchases, any other charges

incurred and refunds made in foreign currencies, and

converts these transactions into Australian dollars.

Transactions that are made in foreign currencies other

than United States dollars are converted into United States

dollars before being converted into Australian dollars. The

exchange rate used for the conversion is an interbank rate,

selected by Amex from customary banking sources on the

business day prior to the day on which the transaction is

processed by Amex, which rate may differ from the rate in

effect on the transaction date.

Note: Exchange rates quoted by Westpac in Australia are

not used to convert foreign currency transactions to the

Australian dollar equivalent.

(a) Your Card must be used wholly or predominantly for

personal, domestic or household expenditure. We

reserve the right to determine, in any instance, whether

use or proposed use of your Card has been or will be in

accordance with this requirement.

(b) You must not use your Card for any unlawful purpose,

including the purchase of goods or services prohibited by the

laws of Australia and/or the laws of the location where the

Card is used or where the goods or services are provided.

(c) It is an offence under Australian law to conduct

transactions on an account which may lead to an actual

or attempted evasion of a taxation law, or an offence

under any other Commonwealth or Territory law. Where

the Bank has reasonable grounds to suspect that such

a transaction(s) has occurred on the Card Account, it is

obliged to render a suspicious matter report to the Federal

Government (AUSTRAC).

(a) You may use your Card (other than any American Express

Card) at any Electronic Banking Terminal as follows:

(i) at automatic teller machines for cash withdrawals/

advances and balance enquiries;

(ii) at Westpac automatic teller machines in Australia for

transfers of funds between Nominated Accounts;

(iii) at selected Westpac automatic teller machines in

Australia for:

on a Cheque Account or Savings Account and the

available balance of the account;

(an all accounts balance summary);

goods and services provided by us or a third party,

from a Cheque Account or Savings Account;

(iv) at EFTPOS terminals in Australia to pay for goods or

services provided by a Merchant.

(b) American ExpressR Card cannot be used at automatic teller

machines, or to make transactions on any account other than

the related American Express Card Account. Only purchase

transactions, not Cash Advances, can be made using

American Express Cards.

(c) When you make a transaction at any Electronic Banking

Terminal, you authorise us to act on the instructions you

enter into the terminal.

(d) You should ensure that the transaction amount is correct

before you sign any vouchers or transaction records given

to you by Merchants or financial institutions, or use your

Card at a Contactless Terminal and before you enter your

PIN at Electronic Banking Terminals. By signing a voucher or

transaction record or entering your PIN or otherwise using

your Card at an Electronic Banking Terminal, you indicate

your agreement that the transaction amount is correct.

(e) Some Electronic Banking Terminals do not have an account

selection facility. Where that is the case, any transaction will

be processed to the Card Account.

(f) In the event that an EFTPOS or other point of sale terminal

malfunctions or is otherwise unavailable for use, the

Merchant may provide alternative manual procedures to

enable a transaction to be made. You will then be required

to present your Card and sign a transaction voucher.

A voucher signed by you authorises us to process the

transaction to the Nominated Account.

(g) Transaction limits (as notified to you) apply to the use of a Card

to make a Contactless Transaction at a Contactless Terminal.

(a) We are not responsible if a Merchant or financial institution

refuses to accept a Card. Subject to any applicable law, we

are not responsible for goods or services supplied to you.

If you have a complaint or concern about goods or services

purchased with your Card, you must resolve this directly

with the Merchant.

(b) Card promotional material displayed on any premises is not

a warranty by us, by any other financial institutions or by

Merchants carrying on business there that all goods and

services available at those premises may be purchased with

your Card.

(c) The Credit Card Contract contains the entire agreement

of the Card Account. Where your Card is being used to

purchase goods or services from a Merchant, you should

disregard any representation, warranty or statement which

may be made in connection with the Credit Card Contract

by the Merchant, its employees, agents or contractors.

(a) We reserve the right to limit or change the amount which may

be withdrawn from a Nominated Account by use of a Card.

Where we do either of these things, we will give you 20-days

advance notice in writing.

(b) A maximum daily transaction limit applies to your Card for:

debited to any account; and

Cheque Account and/or Savings Account.

(c) If you make a cash withdrawal at an automatic teller

machine and you also make a transaction at an EFTPOS

terminal on your Cheque Account and/or Savings Account

on the same day, the total of those transactions cannot

exceed the maximum daily transaction limit.

(d) The maximum daily transaction limit does not apply at

branch terminals.

(e) Some Merchants may allow you to withdraw cash from a

Cheque Account or Savings Account at EFTPOS terminals,

subject to certain conditions (including limits). We accept

no responsibility for any such conditions imposed by the

Merchant. Where you select the credit button on an EFTPOS

terminal, you cannot also withdraw cash.

(f) A maximum daily cash withdrawal limit may apply at

non-Westpac ATMs and the providers of those ATMs may

impose additional restrictions.

(g) You will be advised of the maximum daily transaction limit

when issued with a Card, and you will be subsequently

advised of any changes to the limit.

(a) Certain transactions on the Card Account may need to

be authorised by us before they can proceed. Prior to any

transaction being completed, the Merchant or other person

involved in the transaction may obtain an authorisation for

the transaction. We may not authorise a transaction if:

the Card Account.

(b) We reserve the right to decline authorisation for any

transaction on the Card Account.

(c) Once an authorisation is obtained, it will reduce the amount

of available funds in the Card Account. If the purchase or

other transaction is not completed, the amount of available

funds in the Card Account may continue to be reduced for

up to four Bank business days after the authorisation is

obtained.

When you complete a transaction through an Electronic Banking

Terminal you will receive a printed transaction record. Check

your record carefully and retain it to aid in reconciling account

statements. If a transaction record is unavailable, you will be

notified prior to the completion of the transaction and given the

choice of proceeding.

(a) Transactions at our Electronic Banking Terminals may be

processed to the Nominated Account on the day that you

made the transaction or the following Bank business day.

(b) If you use your Card in an Electronic Banking Terminal

which is not owned by us, we will process the transaction to

the Nominated Account as soon as we receive it.

However, transactions may be assigned an effective date in

accordance with clause 7.4.

(c) When, on the same day, multiple transactions are made on

the Card Account, or are received by us for processing to the

Card Account, debit transactions (such as purchases and

Cash Advances) are posted to your account before credit

transactions (such as payments). This is the case, even where

a credit transaction is made before a debit transaction, and it

appears from an account balance enquiry made immediately

after the credit transaction that the credit transaction has

already been posted to the account.

To facilitate the processing of Card transactions, information

relating to your Card details and transaction details may

be processed by MasterCardR International Incorporated,

Visa Worldwide PTe LTD or American ExpressR International

Incorporated in countries other than Australia. By using your

Card, you agree that information regarding the transaction may

be processed outside Australia.

Please be advised that in order for us to meet our regulatory and

compliance obligations we will be increasing the levels of control

and monitoring that we perform. You should be aware that:

where we have reasonable grounds to believe that they

breach Australian law or sanctions (or the law or sanctions of

another country). Where transactions are delayed, blocked,

frozen or refused, Westpac and its correspondents are not

liable for any loss you suffer (including consequential loss)

howsoever caused in connection with your Card;

you to assist us in the above compliance process; and

information gathered to regulatory and/or law enforcement

agencies, other banks, other members of the Westpac Group,

service providers or to other third parties.

You provide Westpac the following undertakings and indemnify

Westpac against any potential losses arising from any breach by

you of such undertakings.

(a) you will not initiate, engage or effect a transaction that may

be a breach of Australian law or sanctions (or the law or

sanctions of any other country); and

(b) the underlying activity for which your Card is being provided

does not breach any Australian law or sanctions (or the law

or sanctions of any other country).

5.0 The Card Account

(a) We will notify you in writing of the amount of credit that

applies to the Card Account. This is called the “credit limit”.

(b) Transactions made by you must not exceed the credit limit

without our prior approval. However, transactions may, at our

discretion, be allowed to proceed even though they will cause

the credit limit to be exceeded. Remember, the credit limit

applies to the Card Account –there is not a separate credit

limit for the additional Card issued on the Card Account.

(c) If the credit limit is exceeded, any amount in excess of the

credit limit is payable immediately.

(a) The minimum amount of any Cash Advance may vary

between financial institutions. The minimum you can obtain

at our branches is $20.

(b) Before a Cash Advance is processed, you may be required

to provide the following identification:

In Australia either:

– identity card bearing your photo;

– driver’s licence without a photo;

–another debit or credit card bearing your signature;

–employee identity card, union card or student card

bearing your signature;

–pensioner identification card.

Overseas, a passport. Some overseas banks may require

additional identification.

The Card Account will be charged with, and accordingly the

Primary Cardholder is required to pay us:

Merchant or by mail order, telephone order or through the

internet;

and

and on fees and interest charges in accordance with clause 7.2.

6.0 The Statements

(a) A statement for the Card Account will be issued each month

to the Primary Cardholder. The date your statement is

issued is called the “statement date” and the period from

one statement date to the next statement date is called the

“statement cycle”.

(b) Your statement will either be mailed to you, or, instead

of receiving paper statements in the mail, you may elect

to obtain electronic statements from our website –westpac.com.au, using our Online Banking service. You must

be registered for Online Banking, supply us with a valid

email address and satisfy any other applicable eligibility

criteria. The electronic statements option may be selected

through Online Banking after the Card Account has been

opened.

(c) Each month we will issue your statement to you on the

statement date if:

Card Account during the statement cycle.

(d) Amounts shown on your statement will be expressed in

Australian currency and must be settled in Australia in

Australian currency. There is no facility for payment to be

made overseas, other than by transferring funds using our

Telephone Banking or Online Banking services.

(e) You should keep all vouchers and transaction records

given to you or to the Additional Cardholder by Merchants

and financial institutions, or issued by Electronic Banking

Terminals, to help you check statements on the Card

Account.

(a) You agree that the amount shown on any sales voucher,

Cash Advance voucher or transaction record is sufficient

evidence of the cash price of the goods or services or the

amount of the Cash Advance to which that voucher or

transaction record relates.

(b) You should check each statement carefully as soon as you

receive it. If you wish to dispute an amount charged to the

Card Account you should provide us with written notice of

your dispute before the due date shown on your statement.

If you do not dispute an amount shown on a statement by

the due date, our ability to obtain a refund (if applicable)

may be restricted under VisaR, MasterCardR, or

American ExpressR scheme rules.

Please refer to clause 10.1 for details of how to notify us of

disputed transactions.

Please read clause 11.2 to obtain details of your liability

where unauthorised transactions are made on a Nominated

Account.

7.0 The Charges

(a) Subject to all applicable laws, we may charge the Card

Account with any fees or charges. The Annual Percentage

Rate and other fees and charges applying to the Card

Account are variable in accordance with clause 13.3.

(b) The Card Account will be charged with an annual card fee

(where an annual card fee is applicable) following the first

Cash Advance or purchase transaction, unless the Card

Account features a waiver of the first year’s annual card

fee. The fee is then charged in subsequent years on or

after the anniversary of the first Cash Advance or purchase

transaction.

(c) Other fees and charges may apply as outlined in the

letter which advises the credit limit and other prescribed

information which we are required to give you by law.

Interest charges on:

Cash Advance Fees;

on purchases and Purchase Fees will be calculated in

accordance with this clause 7.2 and charged for each

statement cycle at the statement date. Details of the interest

charges will be shown on your statement. These interest

charges are variable.

For information on current interest rates and fees and charges,

please visit westpac.com.au or call into one of our branches.

7.2.1 Calculation of interest charges

(a) We charge interest on interest charges on purchases and

Purchase Fees which we debit to your Card Account. There

is no interest free period for those interest charges. We

add those interest charges to the balance of purchases and

Purchase Fees.

(b) We charge interest on interest charges on Cash Advances

and Cash Advance Fees which we debit to your Card

Account. There is no interest free period for those interest

charges. We add those interest charges to the balance of

Cash Advances and Cash Advance Fees.

(c) Interest is charged:

(i) for purchases (if applicable) and Cash Advances from

the date shown on your statement for the purchase or

Cash Advance;

(ii) for interest and annual fees from the first day of the

next statement after the statement cycle in which the

interest or annual fee is incurred;

(iii) for fees other than those described in (ii) above from

the date shown on your statement for these fees.

(d) Interest charges are debited to your Card Account every

statement date (but that date is not included in the

calculation of interest).

Interest charges on the Cash Advance balance

We charge interest on Cash Advances, Cash Advance Fees

and on Cash Advance Interest debited to your Card Account.

There is no interest free period for either Cash Advances Cash

Advance Fees or Cash Advance Interest charges.

Until we receive the payment of any Cash Advance or Cash

Advance Fee in full, we calculate the interest in any statement

cycle on Cash Advances and Cash Advance fees:

(a) from the date the relevant transaction is made or from the

date assigned to the transaction in accordance with clause

(b) if the Cash Advance Transaction Date is prior to the start

of the statement cycle, from the first day of the statement

cycle.

When we debit your Card Account with interest charges on Cash

Advances and Cash Advance Fees and interest on Cash Advances,

those interest charges become part of the Cash Advance balance

charge interest.

Interest charges on the purchase balance

We charge interest on purchases, Purchase Fees and on

Purchase Interest debited to your Card Account. There is no

interest free period for Purchase Interest charges. If an interest

free period applies to purchases on your Card Account, an

interest free period will also apply to interest on Purchase Fees

debited to your Card Account.

Unless the purchase (and Purchase Fee) is eligible to obtain the

benefit of an interest free period, we calculate the interest in

any statement cycle on Purchases and Purchase Fees:

(a) from the date the relevant transaction is made or from the

date assigned to the transaction in accordance with clause

(b) if the Purchase Transaction Date is prior to the start of the

statement cycle, from the first day of the statement cycle.

When interest is payable, we charge interest at the end of

the statement period on the balance of purchases, Purchase

Fees and interest on purchases and Purchase Fees during the

statement period.

When we debit your Card Account with interest charges on

purchases and Purchase Fees and interest on purchases, those

interest charges become part of the purchase balance on your

Card Account (“Purchase Balance”), on which we charge interest.

Applicable interest rates and total interest charges

Interest charges in a statement period are calculated by applying:

(a) the daily percentage rate applicable to Cash Advances

separately to the unpaid daily balances of the Cash Advance

Balance; and

(b) the daily percentage rate applicable to purchases separately

to the unpaid daily balances of the Purchase Balance.

The total amount of interest charges debited to the Card

Account is the sum of the interest charges on the Cash Advance

Balance and the Purchase Balance.

7.2.2 Accounts with no interest free days for purchases

(including Purchase Fees)

The No Annual Fee MasterCardR Account has no interest free

period.

We calculate the interest in any statement cycle on Purchases

and Purchase Fees:

(a) from the date the relevant transaction is made or from the

date assigned to the transaction in accordance with clause

7.4 (the Purchase Transaction Date); or

(b) if the Purchase Transaction Date is prior to the start of the

statement cycle, from the first day of the statement cycle,

until these amounts are paid in full.

There is no interest free period for these interest charges.

7.2.3 Accounts with interest free period for purchases

and Purchase Fees

(a) The following types of Card Accounts offer an interest free

period for purchases and Purchase Fees, subject to the

conditions described in this clause:

Rewards Card Accounts

Non Rewards Card Accounts

If interest applies to a purchase and Purchase Fee, it will

consist of:

Purchase Transaction Date and end on the statement

date, and

statement date and end on the due date or payment date

(whichever comes first).

We calculate the interest applicable in any statement cycle

on Purchases and Purchase Fees:

the date assigned to the transaction in accordance with

clause 7.4 (the Purchase Transaction Date); or

statement cycle, from the first day of the statement cycle,

until these amounts are paid in full.

There is no interest free period for these interest charges.

The “initial interest free days” will apply to a purchase

and Purchase Fee that are listed on a statement if you

pay the closing balance in full by the due date shown on

the statement preceding that purchase and recording the

debiting of the Purchase Fee.

A purchase and Purchase Fee will have “further interest free

days” only if:

shown on the statement preceding the purchase and the

debiting of the Purchase Fee (i.e. the “initial interest free

days” condition has been met); and

shown on the statement recording that purchase and the

debiting of the Purchase Fee.

Qantas Card Account, Altitude Platinum Card Account,

Altitude Platinum Plus Card Account, Altitude Qantas

Platinum Card Account, Altitude Qantas Platinum Plus

Card Account, Altitude Black Card Account, Private Bank

Altitude Platinum Plus Card, Private Bank Altitude Qantas

Platinum Plus Card Account – up to 15 days.

up to 25 days.

These provisions apply if your Account has interest free

days as set out in 7.2.3.

If you do not pay the closing balance by the due date for

payment listed on a statement, unpaid purchases and

Purchase Fees outstanding as well as new purchases

and Purchase Fees debited to your card Account in that

statement period will be included in the calculation of the

interest charge.

Subject to any applicable law, the Card Account will be

charged with:

Card Contract; and

future charged upon or in relation to the use of your Card

or transactions debited or credited to the Card Account,

whether or not you are primarily liable for such duties, taxes,

rates or charges.

(a) We may assign any date we consider appropriate to a debit

or a credit to the Card Account, but in the case of a debit,

that date must not be earlier than the date on which the

relevant transaction occurred. If we do this we may make

consequential amendments (for example, to interest).

(b) You are liable to us for the amount of any purchase or Cash

Advance from the date we assign to the transaction under

this clause 7.4, and the credit we provide under those

amounts is payable under this contract.

(c) We may subsequently adjust a debit or credit to the Card

Account so as to accurately reflect the legal obligations

of you and us (for example, because of an error or the

dishonour of a cheque). If we do this, we may make

consequential adjustments (for example, to interest).

8.0 Credit Card Repayment Protection

If you have requested Credit Card Repayment Protection, please

note the following:

issued by the insurers who are Westpac General Insurance

Limited and Westpac Life Insurance Services Limited.

and debited monthly at 0.52% of the balance owing on the

Card Account at the end of the statement cycle. If there is no

balance owing at the end of the statement cycle, no premium

is payable for that period.

lose your job, contract a sickness or disease or sustain an

injury and aren’t able to work. It will also pay the balance

owing on the card account to a maximum of $50,000 if you

die. Conditions, limits and exclusions on cover apply and are

explained in the insurance Product Disclosure Statement

including policy wording (PDS).

You should consider the PDS before deciding whether to

acquire the insurance.

A copy of the PDS can be obtained by calling 1300 369 989

or visiting westpac.com.au

20% of your premium (after government charges have been

deducted) as distribution commission.

in or deposit with the Bank. The Bank does not guarantee

payments under the policy.

9.0 The Payments

9.1.1 All Card Accounts except FAI Home Loans Visa

Card Account

The conditions described in this clause 9.1.1 apply to all Card

Accounts except the FAI Home Loans Visa Card Account.

(a) The minimum payment that we require from you (being the

Primary Cardholder) each month will be shown on the Card

Account statement.

Your payment due date is:

Qantas Card Accounts, Altitude Platinum Card Accounts,

Altitude Qantas Platinum Card Accounts, Altitude

Platinum Plus Card Accounts, Altitude Qantas Platinum

Plus Card Accounts, Altitude Black Card Accounts, Private

Bank Altitude Platinum Plus Card Accounts, Private Bank

Altitude Qantas Platinum Plus Card Accounts – 15 days

from your statement date.

statement date.

(b) If you do not wish to pay the full amount of the closing

balance shown on your statement by the due date, you

must pay at least the minimum payment shown on your

statement by the due date.

(c) If your statement shows a closing balance, the minimum

payment will be equal to 2% of the closing balance (rounded

up to the nearest dollar) or $10, whichever is the greater,

plus the greater of any unpaid past due amounts from

previous statements or any amount that exceeds the credit

limit.

(d) You must pay the full amount of the closing balance if it is

less than $10.

(e) Your minimum payment obligation may only be met by

making payments in the ways described in clause 9.2.

Credits to the Card Account in the form of sales refund

transactions (the refund of purchases made using your

Card) and interest or fee refunds are not counted towards

your minimum monthly payment.

9.1.2 FAI Home Loans Visa Card Account

If the Card Account is a FAI Home Loans Visa Card Account, you

must pay the full amount of the closing balance shown on your

statement each month by the due date. Your payment due date

is 10 days from your statement date.

(a) You must make payments to the Card Account with

Australian currency in Australia. As there is no facility for you

to pay your account overseas, you must arrange for payments

to be made to the Card Account whenever you are overseas.

(b) If the Card Account is a FAI Home Loans Visa Card Account,

you must provide FAI with a standing debit authority

enabling payment of the FAI Home Loans Visa Card Account

to be made automatically from your FAI Link Line Account

each month.

(c) You can make payments to the Card Account by:

Westpac automatic teller machine; or

Internet Banking services; or

on your statement. DO NOT SEND US CASH THROUGH

THE MAIL.

(d) Payments must be received and credited to the Card

Account by the due date. If you are mailing your payment

you should allow more time for it to reach us.

(e) Payments will be credited to the Card Account as soon as

practicable after receipt.

(f) If the Card Account is a FAI Home Loans Visa Card Account,

you should be aware that if you make a payment to the

Card Account by any of these methods and that payment

has not been processed by the payment due date, the

closing balance shown on the statement will still be paid

automatically from your FAI Link Line Account. This means

that, if the payment you made to the Card Account was the

full amount of the closing balance, then you will pay the

same amount twice. The amount you pay directly to the

Card Account will then be a credit balance in that account,

which will not earn any interest.

(g) If you cannot make a payment which is due, you should

contact us immediately. We may be able to help you.

(h) You may, in any month, make a payment or payments

which in aggregate exceed the amount of your minimum

monthly payment. However, if you do, this does not

affect your obligation to pay in full the minimum monthly

payment due in any subsequent month. If you do not

pay the whole of any minimum monthly payment by its

due date each month as set out in your statement of

account, you may be liable for a missed payment charge in

accordance with this Credit Card Contract.

(a) If you make a deposit at our automatic teller machines

we will be responsible for the security of the deposit from

the time the deposit is made, however, the amount of

your deposit is subject to verification by us. Our count of

the funds deposited is regarded as conclusive evidence

of the amount deposited. If there is a difference between

the amount of the deposit and the amount written on the

deposit slip, we will notify the Account Holder as soon as

possible to advise the actual amount that has been credited

to the account.

(b) Cash deposited will not be available for withdrawal until

after we have posted the cash amount to the account.

Coins must not be included in a deposit/payment envelope

inserted in an automatic teller machine.

(c) ATM deposits will be processed on the same day or the

following Bank business day. Deposits made at ATMs not

located at a branch of the Bank may take longer to be

processed.

Payments to the Card Account are applied to amounts shown

on your most recent statement, in descending order from

those attracting the highest Annual Percentage Rate to those

attracting the lowest Annual Percentage Rate, or on which

interest is not charged. If the same Annual Percentage Rate

applies to more than one amount, we apply the payment to

those amounts in the following order:

• interest charges;

• fees;

• any amount payable for Credit Card Repayment Protection

relating to the Card Account under clause 8, if applicable;

and

• transactions (such as Cash Advances or Purchases).

Within each of the four categories above, the payment is applied

in the order in which the relevant amount was debited to the

Card Account. If your Card Account has amounts owing that

relate to more than one Promotion Plan with the same Annual

Percentage Rate, payments will first be applied to amounts

which relate to the Promotion Plan that commenced earlier.

If the total payments to the Card Account since your most

recent statement are more than the closing balance shown on

that statement, we apply the excess to amounts that have been

charged to the Card Account but have not yet appeared on a

statement in the same order as described above.

To protect against fraud, you cannot withdraw the value of

deposited cheques until three Bank business days after the

deposit has been made. In certain uncommon circumstances,

this period may be extended by a further one, or even two, Bank

business days.

If drawings are made against a deposited cheque before it has

been paid by the financial institution on which it is drawn, you

will have to reimburse the Bank if the cheque is subsequently

dishonoured.

(i) You are in default under the Credit Card contract if:

its due date; or

Credit Card Contract; or

deceptive information; or

assignment, arrangement or composition with any

creditors.

(ii) If there is a default pursuant to 9.6(i) of this document, the

Bank may require immediate payment of all amounts you

owe under this Credit Card Contract (including amounts

accrued or charged but not yet debited to your account)

that would not otherwise have been immediately payable.

(iii) Subject to clause 9.7, before we require immediate

repayment in full pursuant to clause 9.6(ii), you will be

given 30 days written notice to allow you an opportunity to

remedy the default. You agree that it does not waive our

rights to, at a future point in time, give you a notice and

require immediate repayment in full if we:

(a) fail to give you notice of an event of default when it

occurs; or

(b) give you notice of an event of default but we do not

require immediate repayment in full.

(iv) Westpac may provide your details to one or more credit

reporting agencies for the purpose of advising that you have

defaulted and/or committed a serious credit infringement.

For details of Westpac Privacy policy, please visit

westpac.com.au or drop into any branch.

If you are experiencing financial difficulties, please refer to

section 9.8 “Hardship” (directly below) or contact Westpac

Assist on 1800 067 497.

We will not give you notice before commencing enforcement

proceedings, including the notice referred to in clause 9.6(iii),

in circumstances where the law does not require us to give you

notice.

The circumstances where the law may not require us to give you

notice include, but are not limited to, circumstances where:

(i) we believe on reasonable grounds, that we were induced by

fraud on your part to enter into this Credit Card Contract;

(ii) we have made reasonable efforts to locate you but without

success; or

(iii) a court authorises us to commence enforcement

proceedings without notice to you.

It is important that you update your contact details with

Westpac when they change and ensure they stay current

and up to date.

Westpac understands that some situations can bring about

financial stress, including illness or injury, changes in

employment and pregnancy. To assist our customers who are

experiencing financial stress, Westpac provides you access

to Westpac Assist. Westpac Assist is a phone-based service

that takes calls from any Westpac customer who feels they

are experiencing problems meeting their commitments for

any Westpac consumer product (Credit Card, personal loan or

mortgage).

A team of Westpac Assist Consultants are on hand to look

at your individual circumstances and talk about potential

solutions. These may include:

payment on your Credit Card.

make your contracted repayments on a home or personal

loan.

better suited to your circumstances.

Some actions may be handled over the phone, but some may

require a visit to a branch for further discussion or to sign

and accept changes to account(s). The Westpac Assist team

may also suggest to some customers that they contact an

independent financial counsellor about their overall financial

situation.

You can contact Westpac Assist on 1800 067 497. This service

is available Monday to Friday from 8am to 8pm EST.

You can find out more about Westpac Assist by visiting

westpac.com.au/westpacassist

10.0 Errors/Disputes and Resolutions

You must immediately notify us if your Card or PIN record

is lost, stolen or misused; or you suspect that unauthorised

transactions have been made on a Nominated Account(s).

We will give you a notification number or some other form

of acknowledgement which you should retain as evidence of

the date and time of your report. Where your report is made

by telephone, we may require you to confirm it at one of our

branches and complete certain documentation.

If any Card is lost or stolen in Australia or overseas, the

best way to contact us is to telephone us using the number

listed at the front of these Conditions of Use. You may call

in at one of our branches in Australia, but we prefer that you

telephone us immediately so that we can put a stop on your

Card straight away.

If your Card is MasterCardR, Visa or American ExpressR

branded and it is lost or stolen overseas, you may report the

loss to:

Card); or

a Visa Card); or

American Express Card); or

sign.

If you can’t contact us by phone because our telephone

numbers are not available, you will not be responsible for

unauthorised use of your Card or PIN which could have

been prevented if you were able to contact us by phone,

provided you tell us of the loss, theft or misuse of

your Card or PIN within a reasonable time from the

re-establishment of our telephone reporting facilities.

(a) If you have a problem or complaint, we aim to resolve it at

your first point of contact with us. If we cannot do so, we

will escalate it to our Customer Relations and Support Team.

You can also contact our Customer Relations and Support Team:

and click on “Contact us” and then click on

“Feedback and Complaints”.

(b) If we haven’t been able to deal with your issues to your

satisfaction, there are a number of other bodies you can go

to. One of these is the Financial Ombudsman Service (FOS).

The FOS deals with complaints about Banks, Insurers and

their related companies. Their contact details are:

GPO Box 3

Melbourne VIC 3001

(c) Please note that we comply with the ePayments Code

complaint investigation and resolution procedures in

connection with transactions to which the Code applies.

11.0 Unauthorised Transactions

(a) Because anyone who has your Card and PIN can make

transactions on your Nominated Accounts, you must take

special care to protect them.

(b) To protect your Card you must:

member or friend.

(c) If you make a record of your PIN you must keep it separate

and well away from your Card unless the PIN is reasonably

disguised. However, to minimise the risk of unauthorised

transactions occurring on your account, it is best to keep

your PIN record, even if disguised, separate and well apart

from your Card.

For example, you must not keep your Card and undisguised

PIN together:

compartments;

found and used.

(d) To protect your PIN you must:

friends and our staff;

word that can be easily guessed, such as part of the

data imprinted on your Card, a previously selected PIN,

consecutive numbers, one number repeated or numbers

which form a pattern, or that can easily be associated

with you, such as your date of birth, telephone number,

driver’s licence number and so forth;

Electronic Banking Terminals;

that does not look genuine, has been modified, has

a suspicious device attached to it or is operating in a

suspicious manner;

Electronic Banking Terminal;

you complete a transaction, including leaving your Card

unattended in or at an Electronic Banking Terminal;

received intact, or if a PIN change has taken place without

being requested.

(e) If you select your own PIN, for security reasons you should

endeavour to change it at regular intervals (say, every two

years).

(f) If you make a record of your PIN, you must either take

reasonable steps to prevent unauthorised access to the

record or ensure the record is reasonably disguised. We do

not consider that you have made a reasonable attempt to

disguise a PIN if you only:

to indicate the PIN;

correct sequence anywhere within the telephone number;

telephone numbers are recorded;

There may be other forms of disguise which may be

similarly unsuitable because of the ease of another person

working out your PIN.

Please note: Liability for losses resulting from unauthorised

transactions is determined under the relevant provisions

of the ePayments Code, where that Code applies,

notwithstanding the obligations listed above.

11.2.1 Transactions not involving Manual Signature

Comparison

This clause 11.2.1 explains the Account Holder’s liability for

losses resulting from unauthorised transactions which are

initiated through Electronic Equipment and do not involve

Manual Signature Comparison.

(i) The Account Holder will not be liable for losses resulting

from unauthorised transactions where it is clear that

the User has not contributed to the loss.

(ii) The Account Holder will not be liable for losses resulting

from unauthorised transactions that:

of our staff or agents or of companies involved in

networking arrangements or of Merchants who are

linked to the electronic funds transfer system or of

their agents or employees; or

the User receives their Card or receives or selects

their PIN, including a replacement or reissued Card

or PIN; or

been misused, lost or stolen or that PIN security has

been breached; or

faulty, expired or cancelled (as applicable); or

incorrectly debited more than once to the same

account; or

Identifier without a Code or Device; or

Device and not a Code, provided the Account Holder

did not unreasonably delay in reporting the loss or

theft of the Device.

(i) The Account Holder will be liable for losses resulting

from transactions which are carried out by the User,

or by another person with the User’s knowledge and

consent.

(ii) The Account Holder will be liable for actual losses

resulting from unauthorised transactions caused by

the User:

family member or friend; or

– without making a reasonable attempt to disguise it

or to prevent unauthorised access to it; and

– in a way that it could be lost or stolen with their

Card; or

being an alphabetical PIN which is a recognisable part

of their name, after we have asked them not to select

such a PIN and told them of the consequences of

doing so; or

incorporates reasonable safety standards that

mitigate the risk of a Card being left in the ATM); or

their PIN.

(iii) The Account Holder will also be liable for actual losses

resulting from unauthorised transactions caused by the

User unreasonably delaying notifying us of the misuse,

loss or theft of their Card, or of their PIN becoming

known to someone else. The Account Holder’s liability

will only extend to losses which occur between the time

when the User became aware (or should reasonably

have become aware) of such misuse, loss or theft and

when we were actually notified.

(iv) The Account Holder will not be liable to pay for:

which exceed the daily transaction limit applicable to

the Card or any Nominated Account(s);

balance of their Nominated Account(s), including any

pre-arranged credit;

Holder and the Bank had not agreed could be

accessed using the Card and PIN.

Card has been misused, lost or stolen or that the

security of the PIN has been breached.

(v) The Account Holder’s liability is subject to the Bank

proving on the balance of probability that the User

contributed to the losses in one or more of the ways

listed above.

The Account Holder will only be liable for losses resulting

from unauthorised transactions to a limited extent, in

circumstances where a PIN was required to perform the

transaction and it is unclear whether the User contributed

to the loss. The Account Holder’s liability in such cases will

be the least of:

any pre-arranged credit; or

misuse, loss or theft of the Card or of the PIN

becoming known to someone else (excluding that

portion of the loss incurred on any one day which

exceeds the applicable daily transaction limit).

You will not be liable for losses resulting from an

unauthorised electronic transaction made using your Card

to the extent they exceed what the Account Holder’s liability

would have been had we exercised any rights we had under

the rules of the relevant credit card scheme at the time you

reported the unauthorised transaction to us against other

parties to the scheme.

Our liability for any loss arising from equipment or

system unavailability or malfunction, where a User should

reasonably have been aware that the system or equipment

was unavailable or malfunctioning, is limited to:

(a) correcting any errors; and

(b) refunding any fees or charges imposed on the User.

11.2.2 Other unauthorised transactions

The Account Holder will not be liable for losses resulting from

unauthorised transactions made on the Card Account, provided

the Card Account is in good standing and the User:

risk of loss, theft or unauthorised use; and

notify us upon discovery of the loss, theft or unauthorised use

of their Card, in terms of clause 10.1(a); and

the preceding 12 months; and

Notwithstanding the above, the Account Holder will not be liable

for losses resulting from unauthorised transactions made on

a Nominated Account after we receive notice from the User in

terms of clause 10.1(a). Until we receive such notice, the Account

Holder may be liable for losses resulting from unauthorised

transactions which were not initiated through Electronic

Equipment and/or involved Manual Signature Comparison.

11.2.3 eCommerce Transactions

If an unauthorised transaction is an eCommerce Transaction

and we are notified that the transaction is unauthorised by the

due date shown on the Card Account statement, the Account

Holder will not be liable for the amount of the transaction.

11.2.4 Where we may not process your claim

In the event you dispute a transaction, Westpac may ask you to

provide certain information, complete certain documentation or

do certain things, such as make a police report. Where Westpac

requests information from you in relation to the disputed

transaction, it is expected that you will supply this within 14 days.

In cases where you do not provide us with the information we

request within 14 days, we may be unable to process your claim

and the disputed charge(s) may remain your responsibility.

12.0 Our Responsibilities and Liabilities

(a) We will maintain electronic banking access to the

Nominated Accounts at all times unless:

unavailable for use; or

overdrawn without prior arrangement, or is otherwise

considered out of order by us.

In any of these circumstances, electronic access to the

Nominated Account may be denied or withdrawn without

prior notice to you.

(b) We reserve the right at any time to alter the types

of accounts which may be operated, or the types of

transactions which may be undertaken, or the types of

Electronic Banking Terminals which may be accessed, using

your Card and PIN.

(a) We will be responsible to you for any loss which occurs

because an Electronic Banking Terminal accepts your

instructions but fails to carry out the transaction requested.

(b) If you are aware that the Electronic Banking Terminal is

unavailable for use or not operating properly, we will only

be responsible for correcting the relevant account and

refunding any fees or charges.

(c) We will not be responsible if an Electronic Banking Terminal

does not accept your instructions or your Card fails to work

in the terminal.

13.0 General Information about

the Credit Facility

(a) (i) We may suspend or cancel your Card at any time

without prior notice.

(ii) We may terminate the Card Account if you are in default

pursuant to clause 9.6(i) of this document.

(b) (i) You (being the Primary Cardholder) may terminate the

Card Account at any time by giving us written

notification.

(ii) Please refer to clause 3.2(b) for details of how to cancel

an additional Card.

(c) Where:

(1) a Card has been suspended, cancelled, or

(2) the Card Account has been terminated, you:

(i) agree to cut the Card(s) into several pieces and either

return them to us, or inform us by telephone that you

have destroyed the Card(s) and disposed of the pieces

securely;

(ii) will not be able to access any Nominated Account with

the Card(s);

(iii) cancel any regular payment arrangements which are

linked to the Card Account; and

(iv) must not use the Card

(d) Without limiting or waiving our rights under clause 9.6 or

9.7 of this document, if a Card has been suspended or

cancelled by us, you must continue to make at least the

minimum payment each month until the balance of the Card

Account is paid in full. Fees, charges and interest charges

will continue to be debited to the Card Account.

(e) Without limiting or waiving our rights under clause 9.6

or 9.7 of this document, if the Card Account has been

terminated, you must immediately pay us the full balance

of the account, including (where applicable) any amount

reasonably expended by us in collecting payments.

(f) You will remain liable for transactions debited to the Card

Account which were made prior to termination. You will

also be liable for regular payment authorities which have

not been cancelled by you prior to termination. These

transactions may, for example, have been made by mail

order, telephone order or through the internet.

(g) You may have to pay reasonable enforcement expenses

under these Conditions of Use, including any amount

reasonably incurred by the use of our staff and facilities, in

the event of a breach of the Credit Card Contract.

We may block, or place a stop on, the Card Account if:

(a) the Card Account is transacted on in such a way that we

suspect fraudulent use of your Card, but have been unable

to contact you to confirm our suspicions; or

(b) if you are not following the conditions of use for another

consumer credit card account you hold with us.

Where a block or stop is placed on the Card Account or another

credit card account you hold with us, you must continue to

meet your obligations under these conditions of use (and as

relevant under any conditions of use applicable to the other

credit card account).

We may change these Conditions of Use at any time by notifying

the Primary Cardholder in the following manner:

Percentage Rate by written notice no later than the day

on which the change takes effect. Alternatively, notice

may be given by publishing the change in a newspaper

circulating in your State or Territory. In this case, we will

confirm the change before or when your next statement

of account is sent after the change takes effect.

Annual Percentage Rate that applies to the Card Account.

We may notify you of a change in the manner in which

interest is calculated or applied (including a change in or the

abolition of any interest free period) by giving you written

notice no later than 20 days before the change takes effect.

fee or charge, the introduction of a new credit fee or charge

or a change in the frequency or the time for payment of a

credit fee or charge by giving you written notice no later

than 20 days before the change takes effect.

in a newspaper circulating in your State or Territory where

we are increasing the amount of a credit fee or charge or

introducing a new credit fee or charge. In this case, we will

confirm the change before or when your next statement of

account is sent after the change takes effect.

charge or extends the time for payment of a credit fee or

charge, we will advise you of the change before or when

your next statement of account is sent after the change

takes effect.

or time for payment of or a change in the method of

calculation of repayments by giving you written notice no

later than 20 days before the change takes effect.

for payment, we will advise you of the change before or

when your next statement of account is sent after the

change takes effect.

We may reduce the credit limit, reduce the Cash Advance

limit or refuse authorisation of further transactions on your

Card Account.

Unless you are in default, we will give you 20 days advance

notice in writing of these changes. We will confirm these

changes when we send the next statement of your Card

Account after the change takes effect.

We may make any of these changes without prior notice if:

account may cause loss to you or to us; or

for at least 6 months.

We will confirm these changes when we send the next

statement of your Card Account after the change takes

effect.

written notice no later than 20 days before the change

takes effect.

Such changes may include:

– imposing or increasing fees relating solely to your use

of a Card or a Card and PIN in an Electronic Banking

Terminal, or to issuing you with an additional or

replacement Card or PIN;

– increasing your liability for losses relating to electronic

funds transfer transactions;

– imposing, removing or adjusting transaction limits

which apply to the use of your Card, an account or

Electronic Banking Terminals.

time for payment, we will advise you of the change before

or when your next statement of account is sent after the

change takes effect.

We may not notify you in advance when a change is

necessitated by an immediate need to restore or maintain

the security of our systems or of individual accounts.

Where permitted by applicable legislation and industry

codes, written notice under this clause 13.3 may be given

electronically; i.e. by electronic communication to your

nominated electronic address, or by making particulars of

changes available at our website: westpac.com.au.

14.0 Other

Members of the Westpac Group would like to be able to contact

you, or send you information, regarding other products and

services.

If you do not wish to receive this information, please:

You do not need to do this if you have already told us that you

do not wish to receive information of this sort.

You agree to promptly notify us of any change to your name or

address. If you fail to notify us of your change of address, you

may prejudice your rights under the Credit Card Contract.

(a) We may pay service fees to the person from whom you

obtained your application form. If so, the amount of the

commission, if ascertainable, and the identity of the person

to whom the payment is made are set out in the brochure

which accompanied your application form. In particular:

If you applied for your Card using an application form collected

from one of our In-Store locations, we will pay a service fee of

$20 to the proprietor of that In-Store location.

You can obtain a list of our In-Store locations and Merchants

participating in our ‘Take One’ program by telephoning us using

the number listed at the front of these Conditions of Use.

(b) We make payments to Holden Limited by way of

contributions towards the Holden Card Program. The

amount of those payments is not currently ascertainable.

A certificate signed by one of our officers stating the balance

of the Card Account will be sufficient evidence of the amount

of the Primary Cardholder’s liability to us at the date of issuing

that certificate.

If you (being the Primary Cardholder) have money in any

account with us (other than the Card Account) we can, but

need not, use it to pay amounts owing under the Credit Card

Contract. If the Card Account has a positive (credit) balance,

we may also use all or part of that balance to clear debts which

you owe us in other loan or deposit accounts. If we do this, the

balance of the account from which we have taken the money

will reduce by the amount used for this purpose.

To the maximum extent allowed by law, you give up any right to

set off any amounts we owe you (for example, credit balances

in your other accounts or any deposit) against amounts you owe

under the Credit Card Contract. You will need to pay any money

you are required to pay under the Credit Card Contract without

deducting amounts you claim are owing to you by us or any

other person.

If we fail to exercise or delay in exercising any of our rights

under these Conditions of Use, that failure or delay does not

constitute a waiver of our rights. We may exercise our rights

under these Conditions of Use at any time, despite any previous

failure or delay on our part.

These Conditions of Use are governed by the laws of

New South Wales.

You may not assign your rights under this contract to

another person.

The Bank may transfer this contract to someone else. If the

Bank wants to do so it can give anyone all information that

privacy laws allow it to give. If the Bank transfers this contract,

the contract will apply to the transferee as if it were the Bank.

Where you have provided electronic contact details, and

if the law allows it, Westpac may communicate with you

electronically. Examples of electronic communication include

Westpac sending you emails at an email address you have

supplied or a SMS to a mobile number you have provided, or

other similar mediums.

We have the right to review your Card Account from time

to time at our sole discretion. You acknowledge that we will

provide personal information to one or more credit reporting

agencies as permitted by the Privacy Act 1988 (Cth) for each

review and that a credit report may be obtained from these

credit reporting agencies for the purpose of any such review.

15.0 Information Statement

This statement tells you about some of the rights and

obligations of yourself and your credit provider. It does not state

the terms and conditions of your contract.

If you have any concerns about your contract, contact the credit

provider and, if you still have concerns, your credit provider’s

external dispute resolution scheme, or get legal advice.

The contract

Your credit provider must give you a precontractual

statement containing certain information about your

contract. The precontractual statement, and this document,

must be given to you before:

whichever happens first.

If the contract document is to be signed by you and returned

to your credit provider, you must be given a copy to keep.

Also, the credit provider must give you a copy of the final

contract within 14 days after it is made. This rule does not,

however, apply if the credit provider has previously given you

a copy of the contract document to keep.

If you want another copy of your contract, write to your credit

provider and ask for one. Your credit provider may charge you

a fee. Your credit provider has to give you a copy:

contract came into existence 1 year or less before your

request; or

Yes. You can terminate the contract by writing to the credit

provider so long as:

your credit provider has not been used to acquire goods

or services for which credit is to be provided under the

contract.

However, you will still have to pay any fees or charges

incurred before you terminated the contract.

Yes. Pay your credit provider the amount required to pay

out your credit contract on the day you wish to end your

contract.

You can write to your credit provider at any time and ask for

a statement of the pay out figure as at any date you specify.

You can also ask for details of how the amount is made up.

Your credit provider must give you the statement within

7 days after you give your request to the credit provider.

You may be charged a fee for the statement.

Yes. The interest you can be charged depends on the actual

time money is owing. However, you may have to pay an

early termination charge (if your contract permits your

credit provider to charge one) and other fees.

Yes, but only if your contract says so.

That depends on the type of change. For example:

percentage rate. That notice may be a written notice to

you or a notice published in a newspaper.

– a change in the way in which interest is calculated; or

– a change in credit fees and charges; or

– any other changes by your credit provider;

except where the change reduces what you have to pay or

the change happens automatically under the contract.

Yes. You should first talk to your credit provider. Discuss the

matter and see if you can come to some arrangement.

If that is not successful, you may contact your credit

provider’s external dispute resolution scheme. External

dispute resolution is a free service established to provide

you with an independent mechanism to resolve specific

complaints. Your credit provider’s external dispute

resolution provider is the Financial Ombudsman Service

and can be contacted on 1300 780 808, at www.fos.org.au

or by writing to:

Financial Ombudsman Service

GPO Box 3

Melbourne VIC 3001

Alternatively, you can go to court. You may wish to get legal

advice, for example from your community legal centre or

Legal Aid.

You can also contact ASIC, the regulator, for information

on 1300 300 630 or through ASIC’s website at

http://www.asic.gov.au.

Insurance

You can decide if you want to take out insurance or not. If

you take out insurance, the credit provider can not insist

that you use any particular insurance company.

Yes, if you have taken out consumer credit insurance and

the premium is financed by your credit provider. In that case

the insurer must give you a copy of the policy within 14 days

after the insurer has accepted the insurance proposal.

Also, if you acquire an interest in any such insurance policy

which is taken out by your credit provider then, within 14 days

of that happening, your credit provider must ensure you have

a written notice of the particulars of that insurance.

You can always ask the insurer for details of your insurance

contract. If you ask in writing, your insurer must give you a

statement containing all the provisions of the contract.

Yes, if the insurance was to be financed by the credit

contract. The insurer will inform you if the proposal is

rejected.

Your credit provider must give you a refund or credit unless

the insurance is to be arranged with another insurer.

General

Get in touch with your credit provider immediately. Discuss

the matter and see if you can come to some arrangement.

You can ask your credit provider to change your contract in

a number of ways:

or

for a set time; or

If the credit provider refuses your request to change the

repayments, you can ask the credit provider to review this

decision if you think it is wrong.

If the credit provider still refuses your request you can

complain to the external dispute resolution scheme that

your credit provider belongs to.

Further details about this scheme are set out below in

question 17.

Yes, if you are in default under your contract. But the law

says that you can not be unduly harassed or threatened for

repayments. If you think you are being unduly harassed or

threatened, contact the credit provider’s external dispute

resolution scheme or ASIC, or get legal advice.

Yes. The law will give you other rights and obligations.

You should also READ YOUR CONTRACT carefully.

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ABN 33 007 457 141 AFSL and Australian credit licence 233714.

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