These Online Access Terms and Conditions apply to your use of our Online Access service. The Online Access service provides you with access to all of your Eden Capital Account(s).
Our Online Access service can be accessed at https://www.edencapital.co.
Please read these terms and conditions carefully, together with the terms and conditions that apply to your Account. If you do not understand them, please contact us. By accessing the Service, you agree to be bound by these Online Access Terms and Conditions. If there is any inconsistency between them and the terms and conditions that apply to your Account, these Online Access Terms and Conditions will prevail in respect of transactions carried out using the Service.
1. Definitions
a) Username – means the username required for you to access the Service, and which we authorise and accept as authority for us to act on an instruction given to us using the Service.
b) Password – means the password required for you to access the Service, and which we authorise and accept as authority for us to act on an instruction given to us using the Service.
b) Account – means any account you hold with us which we agree you can access using the Service.
c) Business Day – means any day on which banks in Sydney are able to effect settlement through the Reserve Bank of Australia.
d) Service – means our Online Access service.
e) “we”, “us”, “our” or “Eden Capital” means Eden Capital (Australia) Pty Ltd.
f) “you” or “your” means the Account holder(s) of the Account.
2. The Service
2.1 We will provide you with access to the Service when your completed application to use the Service is received and approved by us.
2.2 To use the Service, you must have your Username and Password. Upon receiving these from us, you can visit our website (https://www.edencapital.co) to get further information and log on to the Service. We may also ask you to provide us with additional information at any time in order to use the Service.
2.3 The Service can be used to:
a) view your Accounts; and
b) make payment requests from or to your Accounts.
2.4 We will advise you of any fees we charge for access to and use of the Service. There is a Online Access Fee of $3.90 per month to use the Service. By using this service you authorise us to charge you the Online Access Fee by your nominated direct debit authorisation or by debiting your Account(s).
2.7 When using the Service you must take all reasonable steps to protect the security of your computer and your Username and your Password, including by ensuring your computer is free of viruses and any password recording device, not leaving your computer unattended whilst using the Service, and shutting all browser windows after using the Service.
2.8 If you ask us to make a payment or transfer using the Service prior to 4.30pm Australian Eastern Standard Time on a Business Day, in most cases the payment or transfer will be treated as having been made on that day. Otherwise, payments and transfers will be made on the next Business Day. Any such payment will not be recorded in our system until received by our direct debit provider as per your direct debit authorisation. In most cases this will take 2 Business Days.
2.9 You can also schedule a payment or transfer to be made on a future date that you specify. Any such countermand must be made via the Service and be made before 4.30pm Australian Eastern Standard Time on the day before the payment or transfer is due. If any such date falls on a weekend or public holiday, the payment or transfer will be treated as having been made on the next Business Day. Once you have instructed us to make a payment or transfer on a future date, you can countermand this instruction in advance of the due date for the payment or transfer. Any such countermand must be made via the Service and be made before 4.30pm Australian Eastern Standard Time on the day of/day before the payment or transfer is due. Otherwise, we will process the payment or transfer as originally instructed by you. Any such payment will not be recorded in our system until received by our direct debit provider as per your direct debit authorisation. In most cases this will take 2 Business Days.
2.10 We may cancel or suspend your access to the Service at any time, without notice, if we believe the Service is being used in a way that may cause losses to you or us.
2.11 You may at any time request in writing that we withdraw your access to all or part of the Service. Your liability for transactions made on your Account using the Service until your request is received and processed by us will be determined in accordance with these Terms and Conditions. We will provide you with access to the Service when your completed application to use the Service is received and approved by us.
3. Usernames and Passwords
3.1 You agree to protect your Username and your Password as a means of preventing fraudulent or unauthorised access to your Accounts using the Service. You must ensure that your Username and your Password is not lost or stolen and that it is not made known to anyone else.
3.2 Eden Capital reserves the right to cancel any Username and Password at any time without notice.
4. How to keep your Username and your Password safe
We would like you to enjoy all the benefits the Service has to offer. To achieve this and to guard against unauthorised use of your access code and the Service, you should follow the guidelines below. These guidelines provide examples of security measures only and will not determine your liability for any losses resulting from unauthorised transactions using the Service.
Guidelines for ensuring the security of your access code
- never reveal your Username or your Password to, or allow it to be seen by, another person including family and friends;
- memorise your Username or your Password once you receive it, and destroy the notice advising you of your Username or your Password;
- if you change your Username or your Password, do not choose a code that relates to your name, date of birth, telephone number, names of a friend or relative, car registration or anything else that could be associated with you, nor select an obvious combination of letters and numbers or one that can be easily guessed by someone else;
- do not record your Username or your Password on anything physical;
- do not record your Username or your Password on a computer or related articles without making a reasonable attempt to disguise the access code or prevent unauthorised access to the record;
- do not keep a record of your Username or your Password with any document containing details of your Accounts (e.g. statements);
- use care to prevent anyone seeing your Username or your Password being entered at a computer; and
- immediately report unauthorised use of your access code to us by emailing us on [email protected].
5. How to report unauthorised use of your access code and/or the service
5.1 If you believe your Username or your Password has become known to someone else, you must notify us immediately by emailing us on [email protected].
5.2 You must provide all information you are asked to provide to assist in identifying you and your Account/s.
5.3 If for any reason the emergency email facility is unavailable and this prevents you from calling us, you will not be liable for any unauthorised transactions which could have been prevented during this period had you been able to contact us. However, you must notify us within a reasonable period of the emergency email facility becoming available again.
6. Checking account records and transaction slips
6.1 You should check your account records carefully. If you believe a transaction is wrong or unauthorised you must inform us as soon as possible.
6.2 If we find an error in your account we will promptly correct the error, adjust interest and charges to the account and advise you.
6.3 If we do not agree that there is an error we will write to you as soon as possible giving you reasons for our decision.
6.4 It is recommended that you check and retain all transaction slips, receipts and payment or transfer reference numbers issued to you after conducting a payment or transfer using the Service, to assist in checking transactions against your statements.
7. Your liability for unauthorised use of your access code and/or the service
7.1 You are liable for all transactions on your Account using the Service where an access code is used with your consent. Also, except to the extent specified in conditions 7.2, 7.3 and 7.4, you are liable for unauthorised transactions using the Service and all losses caused by them.
7.2 You are not liable for losses:
a) where it is clear that you have not contributed to the loss;
b) that are caused by the fraudulent or negligent conduct of employees or agents of us; any organisation involved in the provision of the system under which transactions using the Service are processed; or any merchant;
c) that are caused by the same transaction being incorrectly debited more than once to the same Account;
d) relating to a Username or Password that is forged, faulty, expired or cancelled; or
e) resulting from unauthorised use of your Username or Password before receipt of your Username or Password; or after notification to us in accordance with condition 5 that your Username or Password has become known to someone else.
7.3 You will be liable for any loss arising from any unauthorised transaction using the Service if the loss occurs before notification to us that your Username or Password has become known to someone else and if we prove, on the balance of probabilities, that you contributed to the loss through:
a) fraud, failure to look after and keep your Username or Password secure in accordance with condition 3.1, or extreme carelessness in failing to protect the security of your Username or Password; or
b) unreasonably delaying in notifying us that your Username or Password has become known to someone else and the loss occurs between the time you did, or reasonably should have, become aware of this and the time of notification to us.
8. Restrictions on access to the service
8.1 The Service is available for the enquiries and transactions specified by Eden Capital from time to time.
8.2 Only you, as the Account holder, can use the Service to access an Account. If you are a joint account holder, in order to use the Service you must be authorised to operate the Account alone.
8.3 We do not guarantee to give effect to any payment or transfer you instruct us to make using the Service. We may delay and/or refuse to give effect to any payment or transfer, for any reason without notice to you, including where the payment or transfer would cause your credit limit to be exceeded. We will not be liable to you or any other person for any loss or damage suffered as a result of such delay and/or refusal.
9. Malfunction
9.1 You will not be responsible for any loss you suffer because the Service accepted an instruction but failed to complete the transaction.
9.2 If the Service malfunctions and you should have been aware that the Service was unavailable for use or malfunctioning, we will only be responsible for correcting errors in your Account and refunding to you any charges or fees imposed on you as a result.
10. What should you do if the service is not available?
10.1 If for any reason you are unable to use the Service, it is your responsibility to use other means of effecting transactions and obtaining information.
11. What should I do if I think I have made a mistake?
If you tell us, using the Service, to make a payment or transfer and after we have made that payment or transfer you discover that:
- the amount you told us to pay or transfer was greater than the amount you needed to pay or transfer, you should contact the recipient to obtain a refund;
- or you made a mistake in telling us to make a payment or transfer to a particular account, you should contact the recipient to obtain a refund.
In neither case will Eden Capital be responsible for any loss you may incur.
12. Changes to these terms and conditions
a) We may change these Terms and Conditions from time to time.
b) We will notify you in writing at least 20 days (or such longer period required by law) before we:
- impose or increase any fees or charges relating solely to your use of the access code;
- increase your liability for losses relating to transactions made using the Service;
- or impose, remove or adjust daily or other periodic transaction limits applying to the use of the access code, your Account or the Service.
Subject to any applicable legislation, we shall notify you of other changes to these Terms and Conditions no later than the day the change takes effect by:
- a notice on or with your Account statement;
- publishing a press advertisement;
- or notice to you when you access the Service.
c) We are not obliged to give you advance notice if an immediate change to these Terms and Conditions is deemed necessary for the security of the Service, the system under which transactions using the Service are processed or an Account.
d) When you use the Service after notification of any such changes, you accept those changes and your use of the Service shall be subject to those changes.
e) Eden Capital reserves the right to vary the types of transactions that can be carried out using the Service.
13. Resolutions of Disputes, Errors, and Complaints
13.1 If you believe a transaction made using the Service is wrong or unauthorised or your Account statement contains any instances of unauthorised use or errors, you must notify us immediately. We are solely responsible for resolving your complaint. Later, but as soon as you can, you must give us the following information: a) your name, Account number, Date of Birth and residential address; b) the error or the transaction you are unsure about; c) a copy of the Account statement in which the unauthorised transaction or error first appeared; d) an explanation, as clearly as you can, as to why you believe it is an unauthorised transaction or error; and e) the dollar amount of the suspected error.
If your complaint concerns the authorisation of a transaction made using the Service, we may ask you to provide further information.
11.2 We will investigate your complaint, and if we are unable to settle your complaint immediately to your and our satisfaction, we will advise you in writing of the procedures for further investigation and resolution and may request further relevant details from you.
11.3 Within 21 days of receipt from you of the details of your complaint, we will: a) complete our investigations and advise you in writing of the results of our investigations: or b) advise you in writing that we require further time to complete our investigation. We will complete our investigation within 45 days of receiving your complaint, unless there are exceptional circumstances.
11.4 If we are unable to resolve your complaint within 45 days, we will let you know the reasons for the delay and provide you with monthly updates on the progress of the investigation and its likely resolution date, except where we are waiting for a response from you and you have been advised that we require such a response.
11.5 If we resolve your complaint by exercising our rights under the credit card scheme rules we will: apply the time limits under those rules to condition 11.3; comply with condition 11.4 as if the reference to “45 days” read “60 days” and the reference to “monthly updates” read “updates every two months”; inform you when you can reasonably expect a decision; and suspend your obligation to pay any amount which is the subject of your complaint or any credit or other charges related to that amount until your complaint has been resolved.
11.6 If we find that an error was made, we will make the appropriate adjustments to your Account including interest and charges (if any) and will advise you in writing of the amount of the adjustment.
11.7 When we advise you of the outcome of our investigation, we will notify you in writing of the reasons for our decision by reference to these Online Access Terms and Conditions. If you are not satisfied with our decision, you may wish to take the matter further. You may, for instance, contact our appointed dispute resolution centre:
Name: Australian Financial Complaints Authority
Email: [email protected]
Phone: 1800 931 678
Mail: Australian Financial Complaints Authority, GPO Box 3, Melbourne VIC 3001
11.8 If we decide that you are liable for all or any part of a loss arising out of an unauthorised transaction made using the Service, we will: a) give you copies of any documents or other evidence we relied upon; and b) advise you in writing whether or not there was any system or equipment malfunction at the time of the relevant transaction.
11.9 If we fail to carry out these procedures or cause unreasonable delay in resolving your complaint, we may be liable for part or the entire amount of the disputed transaction where that failure or delay has prejudiced the outcome of the investigation.
14. Can we add further services?
We may provide additional products and services at any time.
15. Privacy and confidentiality
15.1 We collect personal information about you for the purposes of providing your products and services to you.
15.2 We may disclose that personal information to others in order to execute your instructions, where we reasonably consider it necessary for the provision of the Service or the administration of your Accounts, or if it is required by law.
15.3 You acknowledge and accept the Direct Debit Authorisation at https://www.edencapital.co/ddr-authorisation
15.4 You must notify us if any of your personal information changes and you consent to us disclosing your updated personal information to the parties in condition 15.3.
15.5 You may have access to the personal information we hold about you at any time by asking us, or to any of the personal information held by any of the parties in condition 15.3 by contacting them.
15.6 For more details about how we handle your personal information, please refer to our Privacy Statement on our website, http://edencapital.co/privacy-policy/.