Digital banking terms and conditions

Effective 11 September 2024

1. About these Terms and Conditions.

By logging into any of the Digital Banking Services you are confirming you have read and agree to the Digital Banking Terms and Conditions.

1.1  These Terms and Conditions (which can be amended or replaced from time to time) set out important information about the Digital Banking Services.

1.2  These Terms and Conditions form the legal agreement between you and Unity in relation to your use of the Digital Banking Services. You should read all of these Terms and Conditions carefully as they place certain requirements and liabilities on you.

1.3  By using any of the Digital Banking Services you acknowledge that you understand and will comply with these Terms and Conditions.

1.4  These Terms and Conditions are in addition to and are to be read in conjunction with:

(a)  our General Terms and Conditions;

(b)  our Privacy Statement; and

(c)  any specific terms and conditions applicable to a product or service offered to you by Unity.

1.5  If there is any inconsistency between these Terms and Conditions and any other terms and conditions applying to your Accounts with Unity, or any other product or service provided by Unity, these Terms and Conditions shall prevail to the extent of the inconsistency.

2. Definitions

2.1  In these Terms and Conditions, unless specifically stated otherwise, the following definitions apply:

Access Number means the identification number issued to you by Unity to access the Digital Banking Services.

Account means a Unity account you have with us that holds your funds.

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

Biometric Identification means verifying a person’s identity using their unique physical traits and other traits such as Voice ID, facial recognition, or fingerprint identity sensor.

Device means any device you use to access the Digital Banking Services and includes but is not limited to a computer, mobile phone or tablet.

Digital Banking Services means Unity Internet Banking and Unity Mobile Banking App.

General Terms and Conditions means Unity’s General Terms and Conditions applicable to members of Unity (as amended from time to time). These can be found on our website unitymoney.co.nz.

Internet Banking means internet banking services provided by Unity to members which lets members access their Accounts using a compatible device or computer with an internet connection.

Mobile Banking App means Unity’s software application which lets members access their Accounts using a compatible device with an internet connection.  

Password means a confidential password used to prevent unauthorised access and use of your Accounts, used with your Access Number to give you access to the Digital Banking Services.

PIN means the confidential personal identification number created by the Account Owner for operation of the Mobile Banking App.

Privacy Statement means Unity’s privacy statement available on our website unitymoney.co.nz.

Terms and Conditions means these terms and conditions.

Unity, we, our, us means Unity Credit Union trading as Unity.

You or your means an Account Owner who has accepted these Terms and Conditions. Where there is more than one Account Owner, ‘you’ means all of them jointly and each of them separately. 

3. Eligibility and Access

3.1  You must meet any joining criteria applicable at the time of obtaining access to the Digital Banking Services. This criteria is available on our website and may change from time to time.

3.2  Access to the Digital Banking Services is only available to those Accounts for which you have authority and which may be operated by:

(a)  you as the sole signatory on your Account;

(b)  you on a joint Account with authority to operate alone; or

(c)   each signatory on a multiple signature Account, however the other signatory on the account must authorise the transaction by logging into their own Digital Banking Service or contacting Unity and authorising the transaction..

3.3  To use the Mobile Banking App you must:

(a)  have a compatible Device;

(b)  download the app onto your Device and accept any associated terms and conditions; and

(c)  login with your access number and password and if preferred, set up a PIN to use the Mobile Banking App on your Device. 

3.4  We will endeavour to provide you with uninterrupted access to the Digital Banking Services subject always to any necessary downtime that may be required for system maintenance, repairs and updating or loss of access resulting from matters beyond our reasonable control.

3.5  We can suspend or terminate your access to the Digital Banking Services (in whole or in part), or any functionality within the Digital Banking Services, without telling you at any time. We may do this in instances where:

(a)  we suspect fraudulent activity;

(b)  we have reasonable grounds to believe that you have breached any of our Terms and Conditions;

(c)  we are no longer able to provide the Digital Banking Services due to an event beyond our reasonable control or the termination of any agreement, licence or the supply of any third party service or product (for any reason) upon which our ability to provide the Digital Banking Services to you is dependent;

(d)  we consider that we have reasonable grounds to do so (in which case all reasonable efforts will be made to advise you of the circumstances of termination or suspension);

(e)  you are no longer registered to use the Digital Banking Services or we or you cancel any or all of your Accounts with us; or

(f)  for any other reason permitted by Law.

3.6 We do not accept any responsibility for any loss or inconvenience you may suffer as a result of your access to the Digital Banking Services being suspended or cancelled.

3.7  You can cancel one or more of the Digital Banking Services at any time by letting us know that you no longer wish to use the Digital Banking Service. You will remain responsible for any transactions made on your Account until your access to the Digital Banking Service has been cancelled.

3.8  Unity may restrict which of your Accounts you can nominate for access via Digital Banking Services and may also restrict the Digital Banking Services available to those Accounts.

4. Passwords, PINS and Security

4.1  You must follow our advice to help protect your PINs, Passwords and Biometric Identification. Failure to follow our advice and these Terms and Conditions can result in liability to you.

4.2  You agree to:

(a)  choose Passwords or PINs that differ materially from any other passwords and PINs used for any other services;

(b)  update your Passwords and PINs immediately when Unity asks you to or when you believe your Passwords or PINs have been compromised;

(c)  change your Passwords and PINs if any spyware or viruses have been detected on a Device you use to access the Digital Banking Services;

(d)  keep your Passwords and PINs confidential at all times. We will never ask you for your Passwords or PINs;

(e)  take reasonable care to ensure that your Passwords and PINs are not disclosed to any other person (for example you will take reasonable care to ensure that when you use the Digital Banking Service no one can observe you inputting your Passwords or PINs);

(f)  notify us immediately if you have reason to believe your Password or PIN may be known to anyone other than you. Upon receiving notification from you, we may pass on all relevant information to the Police;

(g)  check your Account records regularly and promptly advise us of any error or discrepancy or unauthorised transaction;

(h)  establish and maintain appropriate anti-virus and other security software on your Device to protect you from theft and unauthorised access;

(i)   only use a trusted network when using a Wi-Fi network to access the Digital Banking Services;

(j)   adhere to your Device manufacturer’s software and support to ensure your Device is covered by the latest software and security updates available from the manufacturer;

(k)  never enter your Passwords or PINs on a third party website, application or Device or accessed by a link from an email or alert, even if it appears the email or alert is from Unity;

(l)  take all reasonable steps to prevent unauthorised access of any Device you use to access any of the Digital Banking Services. This includes by keeping your Device secure and not leaving it unattended, locking your Device when it is not in use, and not leaving your Device logged on to the Digital Banking Services; and

(m)  notify us immediately if a Device you use to access the Digital Banking Services or its SIM card is lost or stolen.  

(n)  ensure your browser is set so that it does not save your password / details or autocomplete your login

4.3  You agree not to:

(a)  select a Password or PIN that is easily able to be guessed or identified such as a family or street name, birth dates or months, sequential numbers (e.g. 3456), parts of personal telephone numbers or other easily accessible personal data, or number or letter combinations that may be easily identified (e.g. AA11);

(b)  write down your PIN or Passwords; and

(c)  enable Biometric Identification if someone else’s Biometric Identification is stored on the Device.

4.4  There is no legitimate reason for you to disclose your Passwords or PINs to anyone, including our staff, the Police, etc. If anyone from Unity or claiming to be from Unity asks for this information, you should refuse.

4.5  You will be required to provide all available information of any actual or possible Password or PIN disclosure or unauthorised use of your Device, and assist Unity in any further inquiries in relation to such disclosure or unauthorised use. 

4.6  You acknowledge and agree that any Device used to access any of the Digital Banking Services is not part of our system and cannot be controlled by us. We therefore accept no responsibility for the security of your Device or your online information except as otherwise specified in these Terms and Conditions.

5. Instructions

5.1  You accept that we may assume the authenticity of any instructions authorised by a Password, PIN or Biometric Identification for your Account and rely on those instructions without further enquiry into the authenticity of the instruction.

5.2  You understand that you are responsible for all instructions authorised by a Password, PIN or Biometric Identification for your Accounts regardless of whether that instruction came from you or from another person with or without your knowledge or consent.

5.3  In the case of an instruction to make a future-dated payment (such as an automatic payment) you may revoke your instruction by notifying us of this fact before the payment cut-off time described in 6.2. Otherwise you agree that an instruction to make a future-dated payment or transfer continues until the expiry date nominated by you for that instruction.

5.4  You must tell us as soon as you become aware of any unauthorised transaction on an Account or unauthorised use of the Digital Banking Services. Delay in notifying us may result in any reimbursement request being declined.

5.5  You agree that you will not use the Digital Banking Services for any purpose other than carrying out lawful banking transactions and enquiries on your Account. Unlawful transactions may result in closure of Accounts with Unity.

5.6  We may in our absolute discretion:

(a)  determine the order or priority of payment by us of any monies pursuant to an instruction; or

(b)  refuse to make any payment pursuant to an instruction where there are insufficient funds available in your Account or information provided.

5.7  If you have a Device with Biometric Identification capability, you can enable this in the Device settings. This option will only appear in Device settings if you have a compatible Device and software. If you enable Biometric Identification access in Device settings, any person whose fingerprint, face or other Biometric Identification is stored on your Device will be able to access the Digital Banking Service. Therefore you agree not to enable Biometric Identification if this may grant another person access to the Digital Banking Services.

5.8  You agree that you will be responsible for actions on your Accounts following successful Biometric Identification logon.

6. Payments

6.1  Payments are processed each day (including weekends and public holidays) and will only be paid if there are sufficient funds in the payment Account on the day the payment is processed. Payments that are programmed in advance (such as an automatic payment) will only be paid if there are sufficient funds in the payment Account on the day the payment is processed.

6.2  Payments made after 10pm will be processed the next day.

6.3  While we will endeavour to make the payment you request, we accept no responsibility or liability for any refusal or omission to make any or all of those payments or follow your instruction, or for late payment. In particular, we accept no responsibility or liability for the accuracy of the information you supply to us when setting up, changing or deleting payees or when issuing or processing payment instructions.

6.4  Any payment instruction given by you is irrevocable, notwithstanding your death, bankruptcy or other revocation of this authority, until actual notice of such event or revocation is received by us, subject to these Terms and Conditions. 

7. Transactions

7.1  You must ensure that you are comfortable with transactions being carried out using the Digital Banking Services you have registered for. If any new or existing functionality causes you concern, please contact us immediately so that we can discuss other alternatives that may suit your needs.

7.2  Any dispute you may have in relation to the goods or services purchased through the Digital Banking Services shall be resolved between you and the merchant. To the extent permitted by law, we will not be able to help you settle such disputes. Such disputes will not relieve you of liability for payment of any amount due to us.

7.3  Unity may set minimum and maximum limits for transactions carried out via any of the Digital Banking Services. You acknowledge that third parties such as merchants or other financial institutions may impose additional restrictions on the amount of funds you may withdraw, deposit or transfer.

8. Fees

8.1  Fees may apply to the use of the Digital Banking Services, you can view these on our website at unitymoney.co.nz. These may change at any time, without notice. You agree we can take our fees and charges from your nominated Account. You are responsible for all charges charged by an internet service provider, telecommunications company or other third party for using the Digital Banking Services.

9. Your liability

9.1  You are not liable for any losses:

(a)  where you did not cause or contribute to those losses;

(b)  that our employees or agents caused by their negligent or fraudulent conduct;

(c)  that resulted from faults that occur in our computers or systems used to provide the service, unless the faults are obvious or advised by message or notice on our website;

(d)  after you have notified us of actual or possible disclosure of your security details, unless you have acted fraudulently or negligently.

9.2  You are liable for all losses:

(a)  resulting directly or indirectly from your fraudulent or negligent activity, regardless of whether you acted alone or in association with any other person;

(b)  arising from any security breach (including loss arising from unauthorised transactions) whether occurring before or after notification, if you have caused or contributed to that loss (e.g. by failing to comply with any of these Terms and Conditions, particularly section 4);

9.3  If any of the above apply, you will be liable for all transactions completed prior to you notifying us up to the maximum amount that you could have transferred from your Account via the Digital Banking Services during that time.

9.4  If you have not acted fraudulently or negligently and have not contributed to or caused losses from unauthorised use, your liability for any loss occurring before notifying us is limited to $50.

9.5  If you incur loss that is due to a security breach of the Digital Banking Services and caused as a result of our failure to take reasonable care and that loss is not caused or contributed by you, then we will reimburse you for that loss.

9.6  To the extent permitted by law, we will not reimburse you for any loss or damage you or any other person may suffer or incur that are caused by any of the following:

(a)  any loss or damage to your Device resulting from your access or use, or attempted access or use, of the Digital Banking Services (including downloading any applications);

(b)  any loss or damage resulting from an inability of your Device to access the Digital Banking Service (including because of a power or communication line failure);

(c)  any information, content or data you give us;

(d)  the disclosure of your Password or PIN;

(e)  loss or damage you or any other person may suffer because of action we have taken or not taken on any email from you;

(f)  any loss you suffer in connection with any failed or declined transactions; or

(g)  any loss or damage caused by a delay or non-performance by us resulting from matters beyond our reasonable control.

9.7  You agree to reimburse us for any amount we pay to our members or third parties for loss they suffer from your misuse of the electronic banking services, or your failure to stop unauthorised use of the electronic banking services.

10. Our liability

10.1  Subject to anything else stated in these Terms and Conditions, and to the extent permitted by law, Unity will not be liable to you or any other person and accepts no  responsibility for any claim, loss, damage, cost or expense whether direct or indirect, consequential or economic (including loss of use, data or profits) which arises in connection with any one or more of the following:

(a)  your use of any of the Digital Banking Services;

(b)  any unauthorised use of the Digital Banking Services using your Password, PIN or Biometric Identification information stored on your Device;  

(c)  any system or telecommunications link failure;

(d)  any fault, error or defect in design or engineering of the Digital Banking Services or any delay, fault, failure, malfunction, unavailability or loss of access to the Digital Banking Services; or

(e)  any delay or non-performance by us resulting from matters beyond our reasonable control.

10.2  To the extent permitted by law and without limiting the above, we do not guarantee or warrant that the Digital Banking Services will be free from, nor will we be responsible for, any malware, viruses, spyware, or other harmful or manipulating programs which infiltrate your Device, whether transmitted via the Digital Banking Services or otherwise.

11. Business or entity use

11.1  Where you use Digital Banking Services for non-personal purposes, then without prejudice to any other provisions of these Terms and Conditions, you must ensure that any Passwords, PINs or Biometric Identification information is kept secure as you are solely responsible for any use or misuse of such Passwords, PINs or Biometric Identification information by any persons authorised to sign on your accounts which are accessible through the Digital Banking Services.

11.2  You should reconcile your financial records with your bank transactions at least monthly so that your instructions via the Digital Banking Services can be monitored. You can view all your transactions via the electronic banking services at any time.

11.3  To the extent permitted by law, the provisions of the Consumer Guarantees Act 1993 will not apply to customers using the Digital Banking Services for business purposes.

12. Personal Information

12.1  Your transactions and other personal information that we collect when you use the Digital Banking Services are held within a secure user environment by us. Usage information (which is not intended to identify individuals) is recorded by us for site management, statistical and security purposes.

12.2  Any personal information you transmit to us which is held by us will be used to process your transactions and may also be used by us to advise you of any of our products or services, and those of selected third parties. Personal information transmitted via the Digital Banking Services will also be shared with our application providers to monitor for system issues or defects.

12.3  By using the Digital Banking Services, you agree that we can collect, use and disclose information (including personal information) about you in accordance with the Privacy Statement and our General Terms and Conditions, both of which are available on our website at unitymoney.co.nz.

13. Changes to Terms and Conditions or the Digital Banking Services

13.1  We can change or upgrade any Digital Banking Services at any time without notifying you.

13.2  We can also change these Terms and Conditions at any time. Subject to clause 13.3, we will let you know that these Terms and Conditions are changing at least 14 days before they become effective. Notices may be communicated by either direct communication, by display in our branches, by notice in the media (including public notices), by notice on our website (www.unitymoney.co.nz), or on any other electronic banking channel used by you.

13.3  We are not obliged to give you notice if an immediate change to these Terms and Conditions is deemed necessary for the security of the Digital Banking Services or certain Accounts.

13.4  We reserve the right to change the user requirements, application and operating system specifications, format or content of the service at any time without prior notice to you.

14. Intellectual Property

14.1  We own or have obtained valid licences or rights to use any intellectual property used in connection with, or which is required in order for us to provide you with the Digital Banking Services. Nothing in these Terms and Conditions has the effect of granting you any right, title or interest in such intellectual property and you must not do anything that is inconsistent with the ownership of the intellectual property rights by us or our licensors.

15. Governing Law

15.1  These Terms and Conditions are governed by New Zealand law and the New Zealand Courts shall have jurisdiction to hear and determine disputes in respect of these Terms and Conditions.

16. Errors or Discrepancies

16.1  You must tell us immediately if you think there is a discrepancy, error or unauthorised transaction on your account, or you think a mistake has been made that results from your use of the Digital Banking Services.

16.2   You will need to give us the following information:

(a)  your name;

(b)  your Member Number; and

(c)  any details you can about the suspected mistake, including the amount of money involved.

16.3  We will acknowledge receipt of your enquiry and advise you of any further information required, and the expected time for dealing with your enquiry.

17. Disputes, complaints and questions

17.1  If any dispute arises concerning any transaction carried out while using the Digital Banking Services, you wish to make a compliant or, you have any questions, you should contact your local branch, call us on 0800 229 943, visit our website (unitymoney.co.nz) or write to us at:

Unity Feedback
PO Box 431
Hastings 4156

17.2  We may ask for more information from you to help us in our enquiries. We will make every effort to answer your questions or resolve your disputes and complaints quickly and fairly.

18. Other Important Information

18.1  A copy of our Product Disclosure Statement, Privacy Statement and other important information is available at your nearest branch or on our website at unitymoney.co.nz.

 

Effective 11 September 2024