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Last Updated:
10 February 2010
Table of Contents
The SmartyPig Account is a deposit product offered by Australia and New Zealand Banking Group Limited
(ANZ) ABN 11 005 357 522. "SmartyPig" is a trademark owned by SmartyPig LLC, which is licensed to ANZ.
References to "we", "our", "us" or "ANZ"
References in these terms and conditions to "we", "our", "us" or "ANZ" are to Australia and New Zealand Banking Group Limited ABN 11 005 357 522.
Definitions
Account - is the
SmartyPig Account which is a deposit product issued and offered by ANZ. An Account
Holder can set up multiple Accounts.
Account Holder -
means the person in whose name an Account is set up and who owns the Account.
ANZ account -
means an account issued and offered by ANZ in addition to an Account.
Cleared Funds -
a deposit made to an Account from your Funding Source will generally clear overnight,
however, in some cases this may take up to 3 business days.
Funding Source -
means the personal transaction or savings account with an Australian financial
institution nominated by an Account Holder.
Pending Funds - funds are
pending until cleared. You are not able to redeem funds in your Account that
are pending.
Retail Gift Card - means a
card that is issued by one of the retail partners.
Savings Goal(s) - means a
financial goal or goals nominated by an Account Holder in respect of an Account.
SmartyPig Gift Card -
means a physical gift card or electronic gift order that can be purchased on the
SmartyPig website.
SmartyPig website -
means www.smartypig.com.au
User Profile - is a
collection of information about a User including their profile and account
information.
View Only User - is
invited by an Account Holder to view the Account Holders Account information,
subject to the restrictions set out in these terms and conditions.
SmartyPig structure
- In
order to open an Account, you need to create a User Profile on the SmartyPig
website.
- Once
a User Profile is created, you can open an Account on the SmartyPig website.
Each Account will have a unique name chosen by you and you will be provided
with an Account number.
- Once
you have opened an Account, you must nominate at least one Savings Goal for that
Account.
Read your terms and conditions
You should read all
of the relevant terms and conditions that are provided to you and ask us about
any issues that concern you.
In addition to this
document, other terms and conditions, including those implied by law shall apply.
To the extent permitted by law, this document shall prevail in the event of any
inconsistency. If the law implies terms and conditions that cannot be
excluded, our liability under those implied terms and conditions will be
limited to the maximum extent permitted by law.
Code of
Banking Practice
We are
bound by the Code of Banking Practice when we provide products and services to
you, if you are an individual.
You can only open an Account if you are:
- an individual of
at least 16 years of age and you use your Account(s) wholly and exclusively for
your personal or domestic use; and
- an
Australian resident living in Australia or a foreign citizen living in Australia (that is, you are an Australian tax resident); and
- the holder of at
least one personal transaction or savings account with an Australian financial
institution ("Funding Source").
Your Funding Source
must be held in exactly the same name as your Account.
Your Funding Source
may not be a credit card, passbook or any account that does not have a valid BSB
and account number.
An Account cannot
be held jointly with one or more persons nor can Accounts be held in trust. An
Account may not be opened or used for business purposes.
Note: Once you open
an Account, you will need to nominate your first Savings Goal within 14 days. Failure
to do so, will cause your User Profile to be locked. To unlock your User Profile,
you will need to call us on 1800 267 808 between 8.00am-6.00pm (AEST), Monday to Friday. When you call us, we will need to verify your identity before unlocking
your User Profile.
You must be 12
years or older to open an Account. However, you do not have to be over 12 years
of age to be a View-Only User.
For more
information about View-Only Users, please refer to section 2.12.
For
all enquiries in relation to your Accounts, please contact us on, 1800 267
808
between 8.00am-6.00pm
(AEST), Monday to Friday.
Federal
law provides that all accounts earning deposit interest in a tax year may be
subject to Tax File Number (TFN) legislation. It is not compulsory for you to
provide your TFN. However, if you choose not to do so, we are required to
deduct withholding tax from any interest earned unless you are in an exempt
category.
Withholding
tax is calculated at the highest marginal tax rate plus the Medicare Levy.
We will
preserve the confidentiality of your TFN, which can be recorded for all of your
Accounts, in accordance with the Privacy Act.
Government
charges or duties, which are levied for account activity, are debited to your Account
and shown on your Account statement(s). These charges may vary according to each
State or Territory.
Federal Government
legislation requires us to verify the identity of any person opening a new Account.
You must satisfy
any identification requirements we specify, including the provision to us of material
or acceptable documents which establish your identity, such as documents that
contain your photograph or signature.
To create a User
Profile you will need to provide your:
- Residential
address
- Previous
residential address if less than two years at current address
- Email
address
- Date
of birth
- Gender
- Daytime
and evening phone number
- Employment
/student status
Deposits
may be made to your Account as follows where your Savings Goal is designated as
"Public" (refer to sections 2.9 -2.10 for further information about "Private" and
"Public" Savings Goals):
- by the monthly transfer of funds
from your Funding Source pursuant to the Funding Source Direct Debit Request;
- by
the electronic transfer of funds by you from your Funding Source;
- by the
electronic transfer of funds by an Account Holder from their Funding Source;
- by the payment by you or any third party by credit card;
- by means of a SmartyPig Gift Card (see section 2.14 for further
details).
Deposits
may be made to your Account as follows where your Savings Goal is designated as
"Private" (refer to sections 2.9 -2.10 for further information about "Private"
and "Public" Savings Goals):
- by
the monthly transfer of funds from your Funding Source pursuant to the Funding
Source Direct Debit Request;
- by
the electronic transfer of funds by you from your Funding Source;
- by
the payment by you by credit card;
- by means of a physical SmartyPig Gift Card (see section 2.14 for
further details).
You can establish
multiple Funding Sources for an Account, however only one Funding Source can be
linked to a Savings Goal. The Funding Source for a Savings Goal cannot be
changed once the Funding Source has been linked. If you want to change the
Funding Source, you will need to close the Savings Goal and open a new Savings
Goal and link the new Funding Source.
Electronic
transfers from a Funding Source (with the exception of any transfers pursuant to the Funding Source Direct Debit Request) and
payments by credit card to an Account must be "accepted" or "declined" within
90 days from the date the electronic transfer or payment is made in order for
the funds to be deposited into your Account.
In order to "accept" or "decline" an
electronic transfer from a Funding Source or payment from a credit card to an
Account, you must go to the SmartyPig website and confirm "acceptance" of, or "decline",
the electronic transfer or payment into your Account.
Where a transfer or
payment is:
- - "declined";
- - expired;
or
- - is not "accepted"
prior to a Savings Goal being closed,
we will make reasonable attempts to return
the transferred funds or payment to its originating source. If these attempts
are unsuccessful, we will deal with the funds as required by law.
It is your
responsibility to "accept" or "decline" any electronic transfers, credit card
payments or SmartyPig Gift Cards before closing a Savings Goal or within the
timeframes set out in these terms and conditions.
In
order to withdraw or transfer funds from your Account, including any accrued
interest, you will need to reach your Savings Goal(s) or close your Savings
Goal(s).
When you reach or
close a Savings Goal, you have the option of acquiring a Retail Gift Card using
the funds and accrued interest (less any government charges) saved in respect
of that Savings Goal or having the available funds transferred to the Funding
Source linked to that Savings Goal. Within the first 90 days from the date
your Savings Goal is nominated, the only means by which you can withdraw or
transfer funds relating to that Savings Goal is to have the funds transferred
to the linked Funding Source.
Retail Gift Cards
can only be acquired for specified denominations. Any funds relating to a
Savings Goal that are in excess of the value of the Retail Gift Card, can be transferred
to the linked Funding Source or used to acquire an electronic SmartyPig Gift
Card.
Deposits to your
Account are pending until cleared. A deposit made to your
Account will generally clear overnight, however, in some cases this may take up
to 3 business days. Interest will accrue once funds have cleared. Where a deposit
is reversed for any reason after funds have cleared, any interest accrued will
not be paid.
You are not able to
redeem or draw upon funds that are pending.
Pending
transactions can be viewed in the Transaction History section of your Savings Goal
on the SmartyPig website.
Note: a funds
transfer to an Account from a credit card may be treated as a cash advance by
the credit card provider and incur fees and charges. Please see the Terms and
Conditions of your credit card or refer to your credit card provider for
details.
Details of current
interest rates applicable to your Account are available:
- from the SmartyPig
website;
- by contacting us
via email at support@smartypig.com.au;
- or by calling our Customer Service
Centre on, 1800 267 808 between 8.00am-6.00pm (AEST),
Monday to Friday.
Interest will be calculated
on the daily closing balance of your Account and is credited to your Account quarterly
in arrears (based on the anniversary of the Account opening).
The daily interest
rate is the annual rate divided by the number of calendar days in the year.
Interest that
accrues on the funds in your Account does not count towards a Savings Goal.
The Funding Source Direct
Debit Request (DDR) is a document completed by you to authorise the monthly transfer
of funds from your Funding Source to your Account for your nominated Savings
Goal.
Client Service
Agreement
The Client Service
Agreement sets out the terms on which we agree to transfer funds from your
Funding Source to your Account for your nominated Savings Goal:
1. Where a transfer
falls on a non-business day, the amount will be transferred on the next
business day.
2. Information
relating to your Funding Source will not be viewable by users of the SmartyPig
website, other than View-Only Users.
3. You may
terminate the Funding Source DDR at any time by giving written notice directly
to us, or through the Australian financial institution with which you hold the
Funding Source.
4. You may request
deferment or alteration to payments under the Funding Source DDR by contacting
us.
5. If you close a
Savings Goal, this will also terminate the Funding Source DDR in relation to
that Savings Goal.
6. If you edit a Savings
Goal, this will alter the payments made by you under the Funding Source DDR.
7. Subject to our
right to terminate your Funding Source DDR in accordance with clause 8, we will
not change any details of drawing arrangements without giving you at least
fourteen (14) days written notice.
8. We reserve the
right to terminate your Funding Source DDR for whatever reason in our absolute
discretion.
9. We reserve the
right to terminate the Funding Source DDR if two or more attempted transfers
are returned unpaid from the Australian financial institution with which you hold the
Funding Source.
10. If you consider
that a transfer has been incorrectly made, you should contact us or lodge a
direct debit claim through the Australian financial institution with which you
hold the Funding Source. We will determine whether the transfer was correct,
and if not, arrange for an adjustment. If we determine that the transfer was
correct, you will be told why.
11. You must ensure
there are sufficient cleared funds available in the Funding Source to meet each
transfer on its due date. It is your responsibility to advise us if your
Funding Source is closed.
12. You must ensure
that the Funding Source allows funds transfers. You should check this directly
with the Australian financial institution with which you maintain the Funding
Source.
13. You should not
close or alter the Funding Source without informing us of the details of your
new Funding Source.
14. We enable you
to initiate the Funding Source DDR over the Internet. By electing to take up
our offer to initiate the Funding Source DDR over the Internet, you acknowledge
and accept the risks associated with providing instructions over the Internet
and agree that you are responsible for keeping safe and maintaining the
confidentiality of any security devices or measures utilised in relation to the
initiation of the Funding Source DDR (including without limitation, the user
identification and passwords).
We do not agree to
provide any credit in respect of your Accounts.
We will issue you
with a monthly electronic statement for each of your
Account(s). You may
also obtain information regarding your account balance and transaction history
by accessing your Account information on the SmartyPig website.
If you require
paper statements, they will be issued every six months at a cost of $2.50 per
page. The total cost of a paper statement will be debited to the Account to
which the statement relates.
Interim paper
statements can be requested on an ad-hoc basis at a cost of $25 per statement.
The cost of a paper statement will be debited to the Account to which the
statement relates.
You must carefully
review your statements so you are aware of the status of your Accounts. If you
believe there are errors or unauthorised transactions shown on your statement,
you must contact us as soon as possible by calling 1800 267 808.
You can designate
your Savings Goals as "Private" on the SmartyPig website. Private Savings Goals
will only be viewable by you and any View-Only Users. Private Savings Goals
will not be searchable under the "Friends Goals" tab on the SmartyPig website
(http://www.smartypig.com.au/friends-goals).
In the course of
using the SmartyPig website, you may provide information about your Savings
Goals, which may be visible to other users of the SmartyPig website. You
understand that by designating a Savings Goal as "Public" on the SmartyPig
website, you are granting to us a perpetual and irrevocable license to display
your Public Savings Goal page(s) and individual Savings Goal information to
other users of the SmartyPig website until the Savings Goal has been met or you
change the status of the Savings Goal to "Private".
Users of the
SmartyPig website can locate your Public Savings Goal(s) by searching using
your email address or the email address of a View-Only User of that Savings
Goal under the "Friends Goals" tab of the SmartyPig website (http://www.smartypig.com.au/friends-goals).
Furthermore, you
understand that we reserve the right to reformat, remove, or translate any
information unsuitable for public viewing. You understand that all information
publicly posted or privately transmitted through the SmartyPig website is the
sole responsibility of the person from whom such content originated and that we
will not be liable for any errors or omissions in any content.
Additionally, we do
not guarantee the authenticity of any information that users may provide about
themselves on the SmartyPig website.
You can edit a Savings
Goal at anytime on the SmartyPig website. For example, you can change the name
of your Savings Goal and the date by which you wish to achieve your Savings
Goal.
You can invite View-Only
Users to view your Accounts.
After receiving an invitation,
View-Only Users need to create a User Profile to be able to view your Accounts
(if they do not already have a User Profile).
View-Only Users:
1. do not have
access to or ownership of the funds or interest earned in an Account;
2. are not
allowed to add/edit or delete Funding Sources, Savings Goals or other View-Only
Users.
We will not be
liable to you for any conduct by a View-Only User.
An invitation to a View-Only
User
will expire after 30 days if a User Profile has not been created.
You can log onto your
User Profile on the SmartyPig website and withdraw permission for a View-Only
User to view your Accounts.
In the event that a
View-Only User no longer wants access to your Accounts, they will need to contact
us on 1800 267 808 between 8.00am-6.00pm (AEST),
Monday to
Friday.
A SmartyPig Gift
Card can be purchased by an Account Holder or any person using a credit card.
A SmartyPig Gift
Card can be purchased by an Account Holder using a Funding Source.
A SmartyPig Gift
Card can be granted to any person, including someone who is not an existing Account
Holder. However, in order to obtain payment of the gift, the recipient
of the SmartyPig Gift Card must open an Account (if they do not have an
existing Account) and nominate a Savings Goal.
The recipient must "accept" or
"decline" the SmartyPig Gift Card (a physical SmartyPig Gift Card cannot be
"declined") by completing an electronic instruction on the SmartyPig website.
Where a SmartyPig Gift Card is "accepted", the recipient must also instruct us
to make payment of the gift to the nominated Savings Goal. The instructions
must be made in the manner specified by us from time to time on the SmartyPig
website.
Risk of loss and title to a SmartyPig
Gift Card passes to the purchaser on transfer. We are not responsible for any
loss or damage resulting from lost or stolen SmartyPig Gift Cards or use
without the purchasers or recipients permission. We make no warranties,
express or implied, with respect to SmartyPig Gift Cards and disclaim any
warranty to the maximum extent permitted by law. SmartyPig Gift Cards are not
for resale, are not redeemable for cash (except as required by law) and have no
value until the recipient provides an electronic instruction requesting payment
in accordance with these terms and conditions.
At the time of purchase, the
purchaser must provide the recipients address (for a physical SmartyPig Gift
Card) or email address (for an electronic SmartyPig Gift Card). The purchaser
is responsible for ensuring that the address or email address provided, as the
case may be, is correct and current. The purchaser bears the risk in the event
the purchaser supplies an incorrect address or email address. The purchaser
will not be entitled to any refund, and an intended recipient will not be
entitled to a replacement SmartyPig Gift Card where the Card is received by a
person, other than the intended recipient, due to the purchaser supplying an
incorrect address or email address.
Electronic SmartyPig Gift Cards:
An electronic SmartyPig Gift Card can be purchased on the
SmartyPig website in whole dollar increments from $10 to a maximum of $500.
The recipient will receive notification via the email address
specified by the purchaser of the SmartyPig Gift Card once the funds used to purchase
the Card have cleared.
Credit card purchases generally take one business day to
clear and purchases made with a Funding Source will generally take three
business days to clear.
Electronic SmartyPig Gift Cards expire 90 days from the date
of purchase.
Where an electronic SmartyPig Gift
Card is "declined" by the recipient or expires, we will attempt to credit an
amount equal to the face value of the Card back to the Funding Source or credit
card used to purchase the Card. If these attempts
are unsuccessful, we will deal with the funds as required by law.
Physical SmartyPig Gift Cards:
A physical SmartyPig Gift Card can be purchased on the
SmartyPig website in denominations of $10, $20, $50, $100 and $500 and will be
delivered, at a cost of $2.50 per Card, to the address nominated by the
purchaser.
Physical SmartyPig Gift Cards expire:
- On the expiration date shown on the Card; or
- If there is no expiration date shown on the Card, 12 months after the date the Card was purchased
Where a physical SmartyPig Gift Card expires, the funds used to purchase the Card will be forfeited
Where you reach a Savings
Goal or close a Savings Goal and acquire a Retail Gift Card, you will be
required to read and agree to the terms and conditions pertaining to the specific
Retail Gift Card. Terms and conditions are retailer specific and will vary.
Retail Gift Cards
cannot be redeemed for cash. We are not responsible for lost or stolen Retail
Gift Cards. For security reasons, a Retail Gift Card may not be acquired within
the first 90 days of nominating a Savings Goal.
If
the event that a Retail Gift Card purchased by you is unavailable, we may return
the funds to you by transferring them to your Funding Source.
Retail Gift Cards
can only be acquired for specified denominations. Any funds relating to a
Savings Goal that are in excess of the value of the Retail Gift Card, can be
transferred to the linked Funding Source or used to acquire an electronic
SmartyPig Gift Card.
You may edit your User
Profile at any time on the SmartyPig website.
For security reasons,
if you change your email address, we will send a confirmation email to both the
old and new email address specified.
If you receive a
confirmation of change of email address and you have not authorised the change,
please contact us on 1800 267 808.
If a View-Only User
edits their User Profile, an email and notification will be sent to you.
You may upload your
own avatar image. All avatar image uploads are placed into pending status and
reviewed by us. Your image will be re-sized to 48 x 48 pixels if it isnt
already. The following file formats will be accepted: .jpeg, .jpg and .gif. You
must not upload images, which are unlawful, abusive, obscene, discriminatory,
or otherwise objectionable. We reserve the right to reject your image upload. We
will approve or deny your image by the next business day. Once approved, your
image will be activated in your account profile.
In order to invite
others to your "friends" list, you will initiate an invitation from the SmartyPig
website that they be added as a friend. This information will be used by us to
send your invitation, including any message that you specify. Your friend can
then accept or decline the invitation.
The names and email
addresses of people that you invite will be used only to send your invitation.
Invitations to friends expire after 30 days unless they go to the SmartyPig
website, accept the invitation and create a User Profile in accordance with
these terms and conditions. The names of your friends who have accepted your
invitation and created their own User Profile will be displayed on the "My
Friends" page of your User Profile, the "Friends Goals" tab and on the Public
Savings Goals pages of the SmartyPig website.
When a Savings Goal
is reached, the monthly transfer of funds from your Funding Source to the Savings
Goal will no longer occur unless an edit to the Savings Goal is made. Funds
will continue to earn interest while they remain in your Account.
The following fees
apply:
Purchasing a
physical or electronic SmartyPig Gift Card with a credit card - a 1.5%
processing fee per transaction will be charged to the purchaser.
For physical SmartyPig
Gift Cards, a shipping cost of $2.50 per SmartyPig Gift card will apply.
Electronic
statements will be provided monthly at no charge.
For regular 6
monthly paper statements, a fee of $2.50 per page will apply.
For interim paper
statements (outside the normal statement cycle), a fee of $25 will apply.
Please note the
following requirements apply in respect of each Account:
-
The
minimum goal for a Savings Goal is $250.00.
-
The
maximum goal for a Savings Goal is $100,000.00 (note - $100,000.00 is also the combined
maximum amount that you can save across your Accounts).
-
An
initial deposit is required to nominate a Savings Goal - the minimum is $10.00
and the maximum is $10,000.00.
-
Each
Savings Goal must have a monthly transfer of funds
from a Funding Source pursuant to the Funding Source DDR. The
minimum transfer per month is $10.00 and the maximum is $10,000.00.
- The maximum aggregate daily contribution to one or more Public Savings Goal(s) by
an individual is $10,000.00.
-
Physical
SmartyPig Gift cards are offered in $10.00, $20.00, $50.00, $100.00 and $500.00
denominations.
-
The
electronic SmartyPig Gift Card minimum is $10.00 and the maximum is $500.00.
You cannot send an electronic SmartyPig Gift Card to the same email address using
the same credit card within a 24-hour time period.
-
The
minimum deposit to an Account towards a nominated Savings Goal by electronic
transfer from a Funding Source or payment from a credit card is $10.00 and the
maximum is $500.00. You cannot contribute to a nominated Savings Goal using the
same credit card within a 24-hour time period.
-
For
your security, funds will not be available for transfer from your Account until
all pending transactions have cleared.
We may disallow a
transaction that exceeds these limitations.
Please note that
the following timelines apply:
-
You
must complete the creation of a User Profile within 30 days from the date when
creation of the User Profile was commenced on the SmartyPig website.
-
You
must open a SmartyPig Account within 14 days of us verifying your identity.
-
You
must confirm an email address provided at the time of opening an Account within
14 days from the date when you provided the email address.
-
The
time taken to process and transfer funds to your linked Funding Source is up to
5 business days once all pending transactions have cleared.
You can stop a
Savings Goal by:
-
Calling
customer support on 1800 267 808 to have a temporary hold placed on the transfer
of funds to your Savings Goal pursuant to the Funding Source DDR;
-
Terminating
the Funding Source DDR in relation to the Savings Goal by giving
written notice directly to us, or through the Australian financial institution
with which you hold the Funding Source.
An Account cannot
be closed until all Savings Goals have been stopped/closed in relation to that
Account. To close an Account, you must contact us on 1800 267
808
between 8.00am-6.00pm
(AEST), Monday to Friday.
Only you, as the
Account Holder may close a Savings Goal.
To deactivate your
User Profile, you must contact us on 1800 267 808 between
8.00am-6.00pm
(AEST), Monday to Friday. Your User Profile cannot be deactivated
until all Savings Goals have been stopped/closed.
Upon verification
of your identity, your Account(s) will be locked and your User Profile will be processed
for deactivation. This process may take 2-4 weeks.
In the event that an
Account becomes overdrawn, you must repay to us the overdrawn amount and any associated
fees within seven days of the date of overdrawing.
If
you do not operate an Account for seven years and there
is
$500 or more in the Account, we are required by law to send your money to the
Government as unclaimed money.
We can combine the
balances of two or more of your Accounts, including any ANZ accounts, even if
the Accounts and ANZ accounts are at different branches or in joint names. This
may happen when one of your Accounts or ANZ accounts, is overdrawn or is in debit
and another is in credit. The credit balance in one Account or ANZ account can
be used to repay to us the debit balance in another Account or ANZ account. We
will promptly inform you if we have combined any of your Accounts or ANZ
accounts. We need not notify you in advance. You should not treat your Accounts
or ANZ accounts as combined unless we have agreed to such arrangement.
You should notify us
promptly of any changes to your name or personal details. We will not be
responsible for any errors or losses associated with these changes where we have
not received prior notice. Please notify us in writing of any changes by
sending an email to: support@smartypig.com.au
Notice will be
deemed to have been given by you when the email is received by us at the
designated email address and not at the time that the email is sent.
You understand and
agree not to use the SmartyPig website to:
- Post
or upload images, content or initiate communications which are unlawful,
libelous,
- Abusive,
obscene, discriminatory, or otherwise objectionable.
- To
violate any laws or for any illegal purpose.
- Falsely
state, impersonate, or otherwise misrepresent your identity, including but
not limited to the use of a pseudonym, or misrepresenting your current or
previous positions and qualifications, or your affiliations with a person
or entity, past or present.
- Upload,
post, email, transmit or otherwise make available any content or initiate
communications which include information that you do not have the right to
disclose or make available under any law or under contractual or fiduciary
relationships (such as insider information, or proprietary and confidential
information learned or disclosed as part of employment relationships or
under nondisclosure agreements).
- Upload,
post, email, transmit or otherwise make available any content or initiate
communication that infringes upon patents, trademarks, trade secrets,
copyrights or other proprietary rights.
- Upload,
post, email, transmit or otherwise make available any unsolicited or
unauthorised advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form of solicitation.
This prohibition includes but is not limited to a) Using
invitations to send messages to people who dont know you or who are unlikely
to recognise you as a known contact; b) Using the SmartyPig website to connect to people
who dont know you and then sending unsolicited promotional messages to those
direct connections without their permission; and c) Sending messages to
distribution lists, newsgroup aliases, or group aliases.
- Upload,
post, email, transmit or otherwise make available any material that
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment.
- Stalk
or harass anyone.
- Forge
headers or otherwise manipulate identifiers in order to disguise the
origin of any communication transmitted through SmartyPig.
- Post
content in fields that are not intended for that content. Example: Putting
an address in a name or title field.
- Interfere
with or disrupt us or servers or networks connected to us, or
- Disobey
any requirements, procedures, policies or regulations of networks
connected to us.
The
table below sets out how and when we will notify you
of
changes to your Accounts. You agree that we may notify you of certain changes
by advertisement in major daily or national newspapers.
We may
make the following changes:
|
Minimum number of days notice |
Method of notice |
| Introduce a new fee |
30 days |
In writing or electronically |
| Increasing an existing fee or charge |
30 days |
In writing or electronically or by press advertisement |
| Change the method by which interest is calculated or the frequency with which interest is debited or credited |
30 days |
In writing or electronically |
| Change the interest rate |
Day of change |
In writing or electronically or by press advertisement |
| Change any other term or condition, the name of interest rates, accounts or publications |
Day of change |
In writing or electronically or by press advertisement |
In addition to any
other rights we have set out in these terms and conditions, we may exercise our
discretion to close your Accounts due to unsatisfactory conduct or for any
other reason we consider appropriate.
We also have the
right, in our absolute discretion, to close your Accounts and to transfer you to
an ANZ account.
You agree that you
will sign any documents and take any steps reasonably required by us to
transfer you to an ANZ account if the Accounts will no longer be issued or
offered by ANZ.
You agree that you
will not make any claim or demand against us in relation to any matter arising
from the closure of your Accounts or your transfer to an ANZ account.
We reserve the
right to perform maintenance, updates and/or lock the SmartyPig website as
necessary at anytime. We are not be liable to you on any basis or for any
reason arising from performing maintenance or updating or locking the SmartyPig
website and you agree that you will not make any claim or demand against us.
The materials
displayed on the SmartyPig website are protected by U.S., Australian and
international copyright law and treaties, and shall not be transmitted,
broadcast, copied, adapted, displayed, or performed without our prior
expressed permission.
None of the
information on the SmartyPig website may be used, distributed, or reproduced
for commercial purposes without our prior express written permission. No third
party is authorised to solicit our products or services without our prior
express written permission.
From time to time the
SmartyPig website may include information from third parties, and/or links to other
websites. We do not make any warranties, expressed or implied, regarding any third
party information or any links to other websites, and we assume no
responsibility for the accuracy, completeness, reliability or suitability of
the information provided by third parties or information, software (if any),
offers or activity found on other websites which may be linked to our website.
When you deal with us, we are likely to collect and use some
information about you. Protecting your privacy and the confidentiality of your
personal information is fundamental to the way we do business.
As a banking and financial services organisation, we are
committed to handling personal information confidentially. We treat very
seriously the ongoing trust you have in us to protect your personal
information.
We have systems and procedures in place to protect your
privacy whenever we collect, store, use or disclose your personal information.
You can request details about the information we hold about you and you have a
right to ask us to correct this information.
How we collect your personal information
We collect most personal information directly from you. For
example, your personal information will be collected when you fill in an
application form, deal with us over the telephone or visit the SmartyPig
website.
The type of personal information we collect may include your
name, residential address, telephone number, email address, tax file number,
gender and date of birth.
How we use your personal information
We will tell you the purposes for which we intend to use your
personal information. We only collect personal information about you that is
necessary to perform our functions and activities. If you do not provide this
information, we may not be able to deal with you, or provide you with a product
or service.
We may use personal information for several purposes. We may
collect your personal information:
-
To
assist in providing information about a product or service;
-
To
consider your request for a product or service;
-
To
enable us to provide a product or service;
-
To
disclose to any service providers we engage to carry out our functions and
activities, including SmartyPig LLC;
-
To
tell you about other products and services that may be of interest to you;
-
To
assist in arrangements with other organisations (such as loyalty partners) in
relation to the promotion and provision of a product or service;
-
To
perform other administrative and operational tasks (including risk management,
systems development and testing, credit scoring and staff training, and market
or customer satisfaction research);
-
To
prevent or investigate any fraud or crime (or a suspected fraud or crime); and
-
As
required by relevant laws, regulations, Codes and external payment systems.
Do we use your tax file number or other government
identifier?
We do not use your tax file number (TFN), pension number,
Medicare number or any other government agency identifier as your account,
policy or application number. We only use and disclose these numbers for the
purposes required by law, such as disclosing your TFN to the Australian
Taxation Office. You may use a government identifier for example, a pension
number or Medicare number, to prove your identity when you deal with us.
What about sensitive information?
We will not collect, use or disclose sensitive information
about you unless it is necessary to provide you with a product or service and
we have your consent or, unless we are legally required to collect, use or
disclose that information. Sensitive information, as defined by law, is any
information about a person's racial or ethnic origin, political opinion,
membership of a political association, religious beliefs or affiliations,
philosophical beliefs, membership of a professional or trade association,
membership of a trade union, sexual preferences or practices, criminal record
or health information. We will always explain the purpose for collecting
sensitive information.
Your consent is important
Personal information is usually used or disclosed only after
obtaining your consent. Your consent can be express or implied. Your express
consent can be verbal or written. You imply consent when we can reasonably
conclude that you have given consent by some action you take, or when you
decide not to take action. For example, we will imply your consent to disclose your
personal information if you designate your Savings Goal as "Public" or you grant
View Only Users access to information about your Account.
If you do not give us consent to certain uses of personal
information we may not be able to deal with you, or provide you with a
particular product or service.
The circumstances where we may use or disclose personal
information without your consent are very limited. They include where we are
required by law, for the investigation of an offence or for court proceedings.
Disclosing to third parties
Subject to any general duties of confidentiality towards our
customers and subject to the Privacy Act, we may need to disclose your personal
information to:
-
Your
referee(s);
-
Credit
reporting or debt collecting agencies;
-
An
organisation that is in an arrangement or alliance with us for the purpose of
promoting or using their respective products and services (and any agents used
by that organisation in administering such an arrangement or alliance);
-
Any
contractor or service provider we engage to carry out or assist our functions
and activities, including SmartyPig LLC;
-
Regulatory
bodies, government agencies, law enforcement bodies and courts;
-
Other
parties we are authorised or required by law to disclose information to;
-
Other
financial institutions (such as banks);
-
Participants
in the payments system (including payment organisations and merchants) and
other financial institutions (such as banks);
-
Any
person who introduces you to us;
-
Your
authorised agents or your executor, administrator or legal representative;
-
Any
person authorised (expressly or impliedly) by you.
Marketing and privacy
Serving customers well is fundamental to our business. As
part of this service we may use personal information we have collected to
identify a product or service that may benefit you. We may contact you from
time to time to let you know about new or existing products or services.
You can contact us at any time on 1800 267 808 if you do not
want to receive marketing information from us. We will process these
instructions as soon as practicable.
We keep your personal information up-to-date
If we have accurate information about you, it enables us to
provide you with the best possible service. We take reasonable steps to ensure
that your personal information is accurate, complete and up-to-date at the time
of collecting, using or disclosing the information.
We will correct personal information
If you learn that current personal information we hold about
you is inaccurate, incomplete or out-of-date, you should contact us. We will
promptly update any personal information that is inaccurate, incomplete or out of
date. You also have the right to request that a statement be attached to your
personal information if we disagree with your request to correct the
information.
You can request details about your personal information
Subject to some exceptions, you can find out what personal
information we hold about you.
How to request details
You should contact us if you wish to find out about the
personal information we hold about you. We will need to verify your identity
before giving you access.
Depending on the complexity of your request, we may charge a
fee for processing the request. In a limited number of circumstances, we may
not be able to tell you what personal information is held about you including
where:
-
It
will threaten the privacy of other individuals;
-
The
information relates to anticipated legal proceedings;
-
The
information would reveal our commercially sensitive decision making process; or
-
The
law prevents us from disclosing the information.
If we are unable to tell you what personal information is held
about you, we will give you the reasons why and attempt to find alternative
means to enable you to access your information.
Where you supply personal information about someone else
If you give us personal information about someone else,
please show them a copy of this clause so that they may understand the manner
in which their personal information may be used or disclosed by us in
connection with your dealings with us.
Need more information?
If
you have a query relating to our Privacy Policy call us on 1800 267 808.
Making
a complaint
If we
or
our service provder,
SmartyPig LLC, make a mistake, or our if the service
doesnt meet your expectations, we want to know.
For
the fastest possible resolution to your complaint call us on, 1800 267
808
between 8.00am-6.00pm
(AEST), Monday to Friday.
Send
a letter to the Customer Response Centre via:
- Mail: Locked Bag 4050, South Melbourne VIC 3205
- Email: YourFeedback@SmartyPig.com
- Fax: +61 3 9683 9267
Most
often we will be able to solve the problem on the spot. If it cant be resolved
promptly our specialist complaints team, the Customer Response Centre will take
responsibility and work with you to fix the matter quickly. Our aim is to
resolve the complaint within 5 working days.
If
this is not possible, we will keep you informed on the progress of your matter
and how long we expect it will take to resolve your complaint.
Customer
Advocate
If
your complaint isnt resolved to your satisfaction, you can ask to have it
reviewed by our Customer Advocate who will provide a free review of more
difficult complaints to help achieve a prompt solution.
Contact
details:
ANZ Customer Advocate
100 Queen Street
Melbourne VIC 3000
Tel: +61 3 9273 6523
Email: customeradvocate@smartypig.com
Financial
Services Dispute Resolution Schemes
If
you are not satisfied with the steps taken by us to resolve the complaint about us
or our service provider,
SmartyPig
LLC, or with the result of our investigation, you may wish to
contact an alternative dispute resolution scheme.
Financial Services Ombudsman
GPO Box 3
Melbourne VIC 3001
Telephone: 1300 780 808
Fax: +61 3 9613 6399
Internet: www.fos.org.au
You agree that we may
delay, block or refuse to process any transaction without incurring any
liability if we suspect that:
(a) the transaction
may breach any law in Australia or any other country;
(b) the transaction
may directly or indirectly involve the proceeds of, or be applied for the
purposes of, unlawful conduct.
The Customer must
provide all information to us which we reasonably require in order to manage money-laundering
or terrorism-financing risk or to comply with any laws in Australia or any
other country and the Customer agrees that we may
disclose any information concerning the Customer to any law enforcement,
regulatory agency or court where required by any such law, in Australia or
elsewhere. The Customer warrants that it is acting on its own behalf in
entering into this agreement.
The Customer
declares and undertakes to us that the payment
of monies by us in accordance with the Customers instructions will
not breach any laws in Australia or any other country.
We will, at our
discretion, monitor and/or record enquires made over the telephone. This is
done for quality, verification, security and training purposes.
We warrant that we will
comply with the requirements of the Electronic Funds Transfer Code of Conduct.
This section applies to all electronic transactions.
Unless the account
services are provided or referred to you by us, we do not authorise, promote or
endorse the use of account deposit services offered by third parties to access
your Accounts (including account aggregation services, such as may be provided
by other financial institutions).
Lost or stolen
login details
You must make a
report to us immediately after you become aware or suspect that your login
details have been disclosed or used without your authority, or lost. You must
not then continue to use your login details. We will cancel it and arrange for
you to select new login details.
The best way to
make the report is by calling 1800 267 808 8am to 6pm, Monday to Friday.
Cancellation of
Electronic Access
- We may cancel any
electronic access without prior notice if:
- we believe that
use of the electronic access may cause loss to an Account Holder or to us;
- the Account is an
inactive account;
- the Account has
been overdrawn; or
- on giving you not
less than three months written notice.
Withdrawal of
Electronic Access
We may withdraw
your electronic access to your User Profile, without prior notice if:
- electronic
equipment malfunctions or is otherwise unavailable for use;
- any one of your Accounts
is overdrawn or will become overdrawn, or is otherwise considered out of order;
- we believe your
access to your User Profile may cause loss to the another Account Holder, user
or to us;
- we believe that
the quality or security of your electronic access process or our systems may have
been compromised;
- all of your Accounts
are closed or are inactive; or
- We suspect you of
being fraudulent or engaging in inappropriate behaviour.
We may at any time
change the types of accounts that may be operated, or the types of electronic
transactions that may be made through particular electronic equipment.
Login Security
You must keep your
login details secure. Failure to do so may increase your liability for any
loss.
Warning: You must
not use your birth date or an alphabetical code which is a recognisable part of
your name as a part of your login details which has sequential numbers, for
example, "12345" or where all numbers are the same, for example, "11111". If
you do, you may be liable for any loss suffered from an unauthorised
transaction.
You must not:
- disclose your
login details to any other person;
- allow any other
person to see you entering, or overhear you providing, your login details;
Unauthorised
transactions
(a) When we are
liable
We will be liable for
losses incurred by you that:
- Are caused by the
fraudulent or negligent conduct of our employees or agents or companies
involved in networking arrangements or of merchants or their agents or
employees;
- Relate to any
forged, faulty, expired or cancelled part of the electronic access process;
- Arise from
transactions that require the use of any login details that occur before you
have received or selected the login details (including reissued login details);
- Result from the
same electronic transaction being incorrectly debited a second or more
subsequent time to the same account;
- Result from an
unauthorised transaction that occurs after you have notified us that the
security of your login details have been breached; or
- Result from an
unauthorised transaction if it is clear that you have not contributed to the
loss.
(b) When you are
liable
If we can prove on
the balance of probability that you contributed to the loss arising from the
unauthorised transaction:
- Through your
fraud;
- Subject to the
terms of any particular service offered by us, by voluntarily disclosing your
login details to anyone, including a family member or friend;
- By using your
birth date or an alphabetic code which is a recognisable part of your name as part
of your login details; or
- By otherwise
acting with extreme carelessness in failing to protect the security of your login
details, the account holder is liable for the actual losses which occur before we
are notified of the loss or disclosure of your login details.
Where you must use
more than one of your login details to perform a transaction on the SmartyPig
website, and you voluntarily disclose, or keep a record of, one or more of them
(but not all of them) you will only be liable under this clause if the disclosure
or record was the dominant contributing cause of the losses.
If, after you
become aware of the loss, theft or breach of the security of your login details,
you unreasonably delay notifying us, you will be liable for losses incurred
between:
- The time you
first became aware of any of the events described above; and
- The time we are
actually notified of the relevant event.
However, you are
not liable for any loss:
- Which, over a set
period of time, is greater than the transaction limit for that period;
- Caused by
overdrawing your Account(s);
- Where we agreed
the Account(s) could not be accessed electronically; or
- As a result of
conduct that we expressly authorised you to engage in, or losses incurred as a
result of you disclosing, recording or storing your login details in a way that
is required or recommended by us for the purposes of you using an account
access service expressly or impliedly promoted, endorsed or authorised by us.
If it is not clear
whether you have contributed to the loss caused by an unauthorised transaction
and where login details were required to perform the unauthorised transaction, you
are liable for the least of:
- $150; or
- The actual loss
at the time we are notified that the security of the login details has been
breached (but not any loss incurred on any one day if the amount is greater
than the daily transaction limit or other periodic transaction limit if any);
or
- The balance of
the account, including any pre-arranged credit from which value was transferred
in the unauthorised transaction.
Equipment
Malfunction
We are responsible
to you for any loss caused by the failure of equipment to complete a
transaction that was "accepted" in accordance with your instructions. However,
if you were aware or should have been aware that the equipment was unavailable
for use or malfunctioning, our responsibility will be limited to correcting
errors in the account and refunding any charges or fees imposed as a result.
You are solely
responsible for your own PC anti-virus and PC and security measures, and those
of any authorised user, to help prevent unauthorised access to your SmartyPig
accounts and any Funding Sources.
Indemnity
To the extent
permitted by law, you discharge and indemnify us against any loss, damage claim,
demand or action of any kind brought against us arising directly or indirectly
because:
- You
did not observe your obligations in these terms and conditions; or
- You
acted negligently or fraudulently in connection with these terms and conditions;
- We act
on instructions received by mail or electronic means (whether by telephone or internet)
which are, or are purported to be, given or signed by you; or
- Releasing
information about you or your Account(s) to any person authorised by you to
receive information.
Changes to the
Electronic Banking Conditions of Use
We can change the
Electronic Banking Conditions of Use at any time. We will give you 20 Business
days prior written notice of any changes which:
- Impose
or increase charges relating solely to the use of electronic equipment;
-
Increase your liability for losses relating to electronic transactions; or
- Change
your daily transaction limit or other periodical transaction limit applying to
the use of electronic equipment.
-
Information on how to enter and prizes forms part of these conditions of entry. Entry into the competition constitutes acceptance of these terms and conditions.
-
Entry is open to Australian residents over the age of 18. Entrants must have a Twitter account, as this account provides the means of entering this competition and winners will be contacted at their Twitter account. Employees of ANZ and their immediate family members and affiliated agencies are excluded from entering.
-
The promotion commences at 3.00 AEST on 18 September 2009 and closes at 3.15pm AEST on
18 September 2009 (“Promotional Period”).
-
To enter the promotion, persons must visit www.twitter.com, create an account (if not already held), log in to their account and 'follow' @smartypigau. At 3.00pm AEST on
18 September 2009, SmartyPig will ask a simple question through @smartypigau via Twitter. Entrants must answer the question correctly within 15 minutes of it being asked (before 3.15pm AEST on that day) via Twitter using an @ reply (direct messages will not be accepted). The first 20 correct answers to the question received within the 15 minute allocated slot will be entered into the draw. There is a limit of one entry per entrant per month.
Entrants must comply with all applicable Twitter terms and conditions relating to the use of their Twitter account.
-
The manual draw will take place on 18 September 2009 at 3.30pm AEST at 27/140 William Street, Melbourne, Victoria 3000. Each winner will be notified via Twitter both using an @ message and via direct message to their Twitter username immediately, and their Twitter username will be published on the SmartyPig website at www.smartypig.com.au and via Twitter at (www.twitter.com/smartypigau) on
18 September 2009.
-
There will be one draw and three prize-winners per month. The first three entries drawn manually via a barrel draw from the first twenty correct entries received between 3.00pm and 3.15pm during the promotion period will receive a physical $100 SmartyPig gift card. The total maximum retail prize bank value is $300.
SmarytPig gift cards are subject to terms and conditions. In order to redeem the prize, if winners do not already hold a SmartyPig Account they must be able to satisfy SmartyPig Account opening procedures, which includes opening a SmartyPig Account and SmartyPig Savings Goal. Fees and charges and terms and conditions apply to the opening, operation and withdrawal of funds from a SmartyPig Account. ANZ recommends that entrants read the SmartyPig Account Terms and Conditions, available at smartypig.com.au, before acquiring a SmartyPig Account. The SmartyPig Account is a deposit product offered by Australia and New Zealand Banking Group Limited (ANZ) ABN 11 005 357 522. ANZ is trading as “SmartyPig”, a trade mark of SmartyPig LLC (licensed to ANZ).
-
The judges’ decision is final and no correspondence will be entered into. The prize is not exchangeable, transferable and non-cash prizes are not redeemable for cash.
-
Tax implications may arise from the prize winnings. Independent advice should be sought.
-
ANZ reserves the right to redraw in the event of an entrant being unable to satisfy these competition conditions or forfeiting or not claiming a prize. For any prize that remains unclaimed or forfeited through ineligibility or otherwise, ANZ will conduct a further draw at the same time & place as the original draw on Friday 18 June 2010, subject to any applicable law. The winner(s) (if applicable) will be notified in writing immediately via Twitter both using an @ message and via direct message, and their name will be published on the SmartyPig website www.smartypig.com.au and on the SmartyPig twitter stream www.twitter.com/smartypigau) on Friday 25 June 2010.
-
Entry details will be used solely for the purposes of this competition and will then be destroyed by ANZ.
-
ANZ is not liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or a consequential loss), or for personal injury suffered or sustained as a result of taking any prize, except for any liability that cannot be excluded by law.
-
ANZ will not be liable for any loss or damage whatsoever resulting from incorrect details lodged by entrants.
-
ANZ reserves the right to vary the rules of any competition or any prizes offered or cancel any competition if it is no longer able to run the competition due to reasons beyond its control, subject to state legislation. ANZ will not be liable for any losses to any party arising from any variation or cancellation.
-
ANZ is not responsible for any incorrect or inaccurate information or for any of the equipment or programming associated with or utilised in this competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries.
-
The Promoter is Australia and New Zealand Banking Group Limited (‘ANZ’) (ABN 11 005 357 522) 100 Queen Street, Melbourne Vic 3000.
-
Permit Numbers: NSW LTPM/09/00442 and ACT TP09/02586.
Postal address:
Australia and New Zealand Banking Group Limited
SmartyPig Account Support
Reply Paid 83981,
Private Bag 25,
Collins Street West,
Melbourne, VIC 8007
Customer Support:
support@smartypig.com.au; or
1800 267 808
Reporting fraud or wrongdoing:
Please call Customer Support on 1800 267 808.
If Customer Support is not available, please email report_fraud@smartypig.com.au
Our Service Provider:
SmartyPig LLC
801 Grand Avenue, Suite #290
Des Moines, Iowa 50309
888-567-6278