Terms of Use.

2. By using our website you accept these Terms of Use

By accessing, viewing, relying on or otherwise using our websites, you accept these Terms of Use and agree to be bound by them.

If these Terms of Use are inconsistent with any product or service-specific notice on our website, the provisions of the specific notice apply to the extent of the inconsistency.

These Terms of Use may also apply where we advertise or offer our services or products on Bankwest websites operated by third parties. Whenever that is the case, we put a note on the third party website to let you know. You agree that, in those circumstances, you will read these Terms of Use and these Terms of Use apply to your use of that website as if it was our website.

These Terms of Use apply to:

• Our main website (which we operate)
• Bankwest Rewards website (the rewards site is operated by Bankwest in conjunction with Blackhawk Network (Australia) Pty Ltd. ACN 123 251 703)
• Any other Bankwest website operated by us or on our behalf which we authorise to include a link to these Terms of Use.

If you do not accept these Terms of Use you are not authorised to use our websites and you must immediately cease using our websites.

3. Acceptable Use Policy

You may not use our websites, Bankwest Online Banking (BOB) or the Bankwest App to engage in conduct that, in our reasonable opinion:

• is unlawful;
• is used as a vehicle for, or may cause or result in Financial Abuse;
• is offensive, defamatory, harassing or threatening to any person;
• promotes or encourages physical or mental harm of any person;
• promotes violence against any person; or
• threatens or promotes terrorism.

In the event we suspect on reasonable grounds that you fail to comply with our Acceptable Use Policy as detailed above, we may without notice and immediately or at any time:

a) refuse to process or complete any transaction or dealing of yours; and/or

b) suspend or discontinue your access to our websites, BOB and the Bankwest App.

We may receive a complaint or request from or on behalf of a recipient of a transaction or dealing of yours using our websites or the Bankwest App which we may investigate and consider in light of our Acceptable Use Policy. You acknowledge and agree that we may respond to a complaint or a request by sharing the outcome of such investigation, including any related action taken against you.

4. About our websites

Our websites are provided for use by Australian residents only, and the products and services described in them are not directed at anyone outside Australia. If you are not a Bankwest customer and are accessing our website outside Australia, you must not attempt to submit any online application or request for a product or service. Online applications and requests initiated outside Australia are not accepted from anyone who is not an existing Bankwest customer.

The information in our websites is prepared in accordance with the laws of the State of Western Australia, and the Commonwealth of Australia. The websites may not comply with the laws of any other country.

While we try to make sure there are no mistakes in the information on our websites, we do not warrant the accuracy, adequacy or completeness of the information or that it is suitable for your intended use. So we recommend that you seek independent advice before acting on any information on our websites.

Also, all information is subject to change without notice.

5. Accessing our websites from a mobile device

If you access our website from a mobile device, you may not be able to access the full range of services which are ordinarily available from our website. This includes opening documents in a portable document format (PDF), accessing pages requiring Flash player and making an application for a product.

If you are unable to view relevant information, including disclosure documents such as our Financial Services Guide or a Product Disclosure Statement for a product, you will need to obtain the information or document by accessing our website from a computer. You must not submit any online application or request for a product or service if you are unable to open all disclosure documents relating to that product or service.

6. Security

If your browser is set up correctly, it should tell you whether the information you are sending us is secure (encrypted) or not (unencrypted). If it is secure, we currently use 128 bit SSL encryption.

Although we regularly review developments in security and encryption, except where our protection from unauthorised transactions applies to use of Online Banking, we do not guarantee that information transmitted over the internet is totally secure. Therefore, when you send us information (including via an on-line form or product), you do so at your own risk. Once we have received it, we take reasonable steps to keep the information secure while it is in our own systems. We encrypt personal information before sending it over the internet to third parties – even so, we do not guarantee that it is secure.

Your use of our website is at your own risk. We do not guarantee that our websites are free from viruses, or that access to our sites will be uninterrupted. You should therefore ensure that the way you access our websites does not expose your equipment to the risk of viruses or other forms of interference which may damage it.

7. Information about you and your privacy

Our Privacy Statement sets out how we deal with personal information generally. If these Terms of Use are inconsistent with our Privacy Statement, these Terms of Use apply to the extent of the inconsistency.

8.3 Information you give us

If you use any of our interactive facilities – such as home loan calculators and online application forms – we do not capture any personal information which could identify you, without your consent.

9.2 Tracking

We also use tracking companies – such as Nielsen NetRatings – to collect information about how you use our websites. These companies also use cookies to collect information similar to that which is collected by advertising companies.

The tracking companies aggregate all the information and use it to study internet user behaviour patterns. They do not include personal information in their studies and use the information mainly to measure advertising effectiveness and relative consumer interest in the various areas of our websites. As a general rule, no personal information is collected during the tracking process. However, if any personal information is collected by these automated processes, our arrangements with the tracking companies require them to maintain the privacy and confidentiality of that information.

We may disclose the aggregated information collected to third parties including advertisers or potential advertisers.

10. Emails

We store the content of any email you send us. We may monitor the content for security issues – such as where email abuse is suspected. Our reply to you may also be monitored to help us meet our quality assurance goals.

11.2 Use of Google’s reCAPTCHA

We use Google’s reCAPTCHA on selected forms on our websites and the Bankwest app to prevent spam and abuse. If you proceed to a form via reCAPTCHA, Google will collect hardware and software data for analysis that will enable it to verify that you are a natural person and not a bot. This data may include:

• Your IP address
• The date and time of your visit
• Your browser type
• The language to which your browser is set
• Plug-ins you may have installed on your browser
• Cookies previously placed by Google
• Other hardware and software information as determined by Google.

This data is collected by Google directly and this collection is governed by the Google Privacy Policy and Google Terms of Use. Bankwest does not collect, transmit, store or have visibility of this data. Information directly entered by you into forms on our website or the Bankwest app is not shared with Google.

12. Limitation of liability

To the extent permitted by law, neither we, nor any of our employees, agents or officers are liable to you for any loss or liability arising from, or any costs, charges or expenses you incur in connection with:

• Information on our websites;
• Your use of our websites; and

Any modification, suspension or discontinuance of our websites This limitation applies whether your claim would otherwise arise in contract, under the law of torts (including negligence), by statute or otherwise.

To the extent we cannot exclude liability under law (for example for any statutory implied term to provide our services with due care and skill), our liability is limited to a liability to provide the relevant services again of for the cost of providing the relevant service again. We have no liability for any indirect, special, or consequential loss (including loss of profits, actual or anticipated revenue).

13. Copyright and trademarks

The material on our websites is protected by copyright. Other than for the purposes and subject to the conditions prescribed under the Copyright Act 1968 (Cth), you must not reproduce, upload to a third party, link to, frame, store in a retrieval system or transmit any part of it without our prior written consent, such consent will not be unreasonably withheld. This prohibition applies to such actions regardless of their form or means (electronic, mechanical, microcopying, photocopying, recording, or otherwise).

You must not commercialise (in any form or by any means) any information, products or services contained on our websites without our prior written consent.

Our websites include registered trade marks owned by us (or our licensors). You must not use any of these trade marks in any way without our prior written consent, such consent will not be unreasonably withheld.

Bankwest Apple Pay Terms of Use apply. Apple, the Apple logo, Apple Pay, Apple Watch, Face ID, iPad, iPhone and Touch ID are trademarks of Apple Inc. App Store is a service mark of Apple Inc.

Android is a trademark of Google Inc.

BPAY^® is the registered trademark of BPAY Pty Ltd ABN 69 079 137 518.

14. Changes to these Terms of Use

These are our current Terms of Use. They replace any others which have appeared previously on our websites. We may amend these Terms of Use at any time. If we do, we will publish the amended version on our website. By accepting these Terms of Use, you agree that our publishing of an amended version will be sufficient notice of any changes and that your subsequent access to, viewing, reliance on or other use of our websites will constitute your acceptance of those amendments.