Online Service Centre Terms and Conditions of Use

Words printed like this are explained in Section 18. We strongly recommend you read these Online Service Centre Terms and Conditions. If you have any questions, please contact us.

1. When have you accepted these Online Service Centre Terms and Conditions?

You will be taken to have accepted these Online Service Centre Terms and Conditions:

  • When you or any additional cardholder first use the service ; or
  • When you select the 'Accept' icon when you register for the service.

2. Online Service Centre Terms and Conditions and the Terms and Conditions for your Account

These Online Service Centre Terms and Conditions are in addition to the Conditions of Use for your account and to the extent of any inconsistency between the two; these Online Service Centre Terms and Conditions will apply.

3. Additional Cardholders

You are responsible for any use of the service by an additional cardholder. You should satisfy yourself that any additional cardholder has read and understood these Online Service Centre Terms and Conditions.

4. Changes to the Service

We may:

  • Change the functionality or content of the service ; or
  • Withdraw or deny access to the service at any time without prior notice.

5. Access to the Service

5.1 If we agree to provide you access to the Online Service Centre, you will need to choose a username and password.

5.2 To register for and access the Online Service Centre, you must have a valid Username, Password, and at our discretion a single use SMS code as described in 5.5. You may also be required to verify your identity via any other method we may determine from time to time.

5.3 When selecting your password you must not select:

(a) a numeric code which represents your birth date; or

(b) an alphabetical code which is a recognisable part of your name.

Note: You may become liable for unauthorised transactions if you contravene this requirement - see 7.2

5.4 You agree that any person who supplies us with your username and password will be allowed access to your Online Service Centre account.

5.5 Without limiting 5.4, you agree that a single use SMS code may be sent by us from time to time and at our discretion to the mobile number registered in respect of your account in order to authenticate and permit any requested registration or access to the Online Service Centre or the specific services in 5; and

5.6 You may access the Online Service Centre from several devices. However, for enhanced security, we collect the unique identifier of each device (for example the IMEI of a mobile telephone) accessing the Online Service Centre. If we do not recognise the unique identifier of the device used to access the Online Service Centre, we may deny or restrict access, subject to authentication of your identity.

6. Email addresses and Mobile Telephone numbers

6.1 You must provide your email address. You must notify us promptly if your email address changes.

Note: It is important we have your correct email address as we may use this address to notify you of changes to these terms or to the Online Service Centre.

6.2 If you provide a mobile telephone number to us, you agree that we may send you single use SMS codes as described in 5.5. If you choose to provide a mobile telephone number to us, you must ensure that the mobile telephone number is accurate and you must notify us promptly if your mobile telephone number changes.

Note: It is important we have your correct mobile telephone number as we may use this number to authenticate access to the Online Service Centre.

7. Security of your username and password

7.1 You must ensure that any cardholder informs us immediately if their username or password has been misused, lost or stolen by calling Customer Services.

7.2 We must be given all the information that you have or can reasonably obtain regarding the loss, theft or unauthorised use.

7.3 You must ensure that any cardholder must:

(a) not voluntarily disclose details of their username or password to anyone including a family member or friend;

(b) not act with extreme carelessness in failing to protect the security of the username or password;

(c) not record the password and username on one article or on more than one article that are liable to be lost or stolen simultaneously (without making a reasonable attempt to protect the security of the record); and

(d) not choose a username in contravention of the requirements in 5.3.

Any act by a cardholder contrary to 7.2 may mean that you are liable for losses caused by unauthorised transactions caused by a breach of the security of the username or password.

7.4 Cardholders should:

(a) choose a username that is easy to remember, but difficult for others to guess

(b) not save any passwords on a computer or any personal devices

(c) not write down any passwords

(d) use a combination of numbers and characters, including uppercase and lowercase in their password

(e) not select a password that contains their username or any personal details that can be guessed by others

(f) never provide their password over email or based on an email request

(g) not reveal their username or passwords to others

(h) change their passwords regularly

(i) ensure their computer has been installed with high quality and well known anti-virus software and anti-spyware, and keep these up to date

(j) regularly download and install the latest security patches for all of their computer software, including web browser applications; check the software vendor's websites for updates

(k) change their password immediately and contact Customer Solutions if their password has been compromised.

You agree to immediately tell us if you or an additional cardholder suspect the security of a password has been compromised.

8. Account Information

The information about your account obtained from the service will reflect the current status of the account on our systems at the time you access the service. This information may not include transactions which are yet to be processed and/or may be corrected (e.g. if a transaction is reversed).

9. Liability for unauthorised transactions made using the Online Service Centre

Clauses 9, 10 and 11 apply only to transactions that are completed through the Online Service Centre. The Conditions of Use that apply to your account will explain your liability for unauthorised transactions that are completed using other access methods (for example, by using a card).

10. When are you not liable for unauthorised transactions?

You are not liable for losses resulting from unauthorised transactions:

a. caused by fraudulent or negligent conduct by us, a supplier or company involved in networking arrangements (including the employees or agents of such organisations); or

b. caused by the same transaction being incorrectly debited more than once to the account; or

c. occurring after we are notified that a username has been misused, lost or stolen, or that security of a password has been breached; or

d. where it is clear that any cardholder has not contributed to such losses; or

e. to the extent that we are able to recover amounts by exercising any relevant rights we have against a supplier or other person.

11. Some cases when you are liable for unauthorised transactions

11.1 Subject to 10 and 11.2, you are liable for losses resulting from unauthorised transactions where any cardholder has contributed to the losses:

a. through fraud or a breach of the requirements in 6; or

b. through unreasonably delaying notifying us of the misuse, loss or theft of a username or the breach of security of a password.

If 11.1(b) applies, you are liable for losses from the time when a cardholder becomes aware (or, in the case of loss or theft, should reasonably become aware) of the misuse, loss or theft, until we are notified that a username has been misused, lost or stolen, or that security of a password has been breached.

11.2 You are not liable under 11.1 for:

a. that portion of losses incurred on any one day which exceeds any applicable daily transaction limits notified to you; and

b. that portion of the losses incurred in a period which exceeds any other periodic transaction limits applicable to that period notified to you; and

c. that portion of the total losses incurred on the account which exceeds the credit limit.

12. Complaint handling

See the Conditions of Use that apply to your account on how to make a complaint and how your complaint will be handled.

Online Statements

13. The following terms and conditions apply if you chose to receive your statement of account electronically.

13.1 What changing your statement preference means:

a. paper statements, as well as selected notices, will no longer be mailed

b. you will not be charged a paper statement fee

c. an email reminder will be sent to your nominated email address when your online statement is available. However, we cannot guarantee delivery of this email. Please note that your obligations to make payments on the account remain. Even if you do not receive your email reminder, your statement will be available online by logging in to the Online Service Centre.

d. you can view, print and save your online statement

e. you may still occasionally receive a paper statement and certain notices in the mail but will not be charged a paper statement fee.

You need to ensure that your email address is kept up to date - if it changes, make sure you update it online.

13.2 When can you change your statement delivery preference?

Your statement delivery preference can be changed at any time - you'll be asked to set a preference upon initial access to your online account and this can be updated at any time through the Online Service Centre.

13.3 Who can change their statement delivery preference?

You can choose to stop receiving paper statements if you are:

a. a primary cardholder of an eligible account; and

b. a registered user of the Online Service Centre

If you are an additional cardholder you will not be able to change the primary cardholder's statement preference.

13.4 When will your online statement be available?

Your online statement will become available depending on the statement period for that account, as per your paper statement. The statement period for each nominated account is subject to the Conditions of Use for that account.

When your statement becomes available for viewing online, you will be notified by email to your nominated email address. However, we cannot guarantee delivery. Please note that your obligations to make payments on the account remain. Even if you do not receive your email reminder, your statement will be available online by logging in to the Online Service Centre.

13.5 Email addresses

At registration, you must provide a valid email address for delivery of email notifications of your online statement. You can change your nominated email address at any time through the Online Service Centre.

You must keep your nominated email address current and active.

By choosing to receive online statements, you need to:

a. check the status of your account regularly by logging in to the Online Service Centre - ensuring that you make your payments on time remains your responsibility.

b. check your emails regularly;

c. ensure your mailbox can receive notifications, for example, it has sufficient storage space available;

d. ensure your mailbox junk mail and spam filters allow receipt of emails from www.gemfinance.co.nz

e. tell us if you are unable to access your email or the online service for any reason;

f. regularly check for delivery of your online statement regardless of whether or not you have received an email notification; and

g. take reasonable and appropriate security measures in relation to your computer.

13.6 Fees for online statements

Online statements are available to all customers free of charge.

By consenting to receiving your statements online - and stopping paper statements - you will not be charged the paper statement fee, which is applicable when a paper statement is sent to you.

From time to time, you may still receive paper-based communications, including statements. In these situations, you will not be charged the paper statement fee.

13.7 What happens if your online access is terminated for inactivity?

Your access to the Online Service Centre will be terminated if you do not access your online account for at least 12 months. In this case, you will start to receive paper statements again and you will be charged the paper statement fee.

In order to change your preference - and avoid the paper statement fee - you will need to register for the Online Service Centre again and opt out of receiving paper statements by mail.

14. Changes to these Online Service Centre Terms and Conditions

We may:

  • Change these Online Service Centre Terms and Conditions (including adding new terms and conditions); and
  • introduce and change fees and charges in connection with the service ;
  • We will notify you of any such changes.

15. Notice

Notices and other communications in connection with these Online Service Centre Terms and Conditions may be given by using the service unless we advise you this may not be done or that a different method of communication is required. A notice or other communication is deemed to be received when it enters the recipient's computer.

16. Termination

We may terminate the service at any time without notice to you. You may terminate your use (or the use of any additional cardholder ) at any time by prior notice to us.

17. Governing Law

These terms and conditions are governed by the laws of New Zealand.

18. Interpretation

Account means your Credit Card account with us.

Accountholder means the person who has applied for and been accepted for an account.

Additional cardholder means a person issued with a card for the account by us at your instruction that you have authorised to use the service.

Online Service Centre - the Internet based service provided by us that allow you to access your account as described in these terms and conditions.

Username - means the username used to access the Online Service Centre.

Password - the password used to access the Online Service Centre, which may include a temporary password or other code that we have told you to keep secret.

Service means the account information service we are providing via the Internet.

IMEI - International Mobile Station Equipment Identity

SMS - the short message service protocol facilitated by telecommunications providers.

We, us, our means Latitude Financial Services Limited.

You means the accountholder and includes your successors and assigns and your has a corresponding meaning.