Terms of Use

You need to be aware of certain things when using the Bankwest App and our websites (including using a link to them from your own site, or visiting other sites via a link from ours). These Terms of Use explain those things and set out the legal relationship between you and us in connection with the Bankwest App and our websites. These Terms of Use should be read in conjunction with both our Account Access Conditions of Use (PDF) and Credit Card Account Access Conditions of Use (PDF).

By accessing, viewing, relying on or otherwise using our websites or the Bankwest App, 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 or visible using the Bankwest App, 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 Online Banking (BOB)
• Bankwest App
• 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 or the Bankwest App and you must immediately cease using our websites and the Bankwest App.

You may not use our websites, 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.

Our websites and the Bankwest App 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 and the Bankwest App is prepared in accordance with the laws of the State of Western Australia, and the Commonwealth of Australia. The websites and the Bankwest App 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 or the Bankwest App, 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 or the Bankwest App.

Also, all information is subject to change without notice.

If you access our website from a mobile device or use the Bankwest App, 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.

The Bankwest App is available for compatible iPhone, iPad and Android™ devices offering a fast, simple and convenient mobile banking experience. With the Bankwest App you can check account balances, view recent transaction history, pay bills via BPAY^®, make transfers to linked and 3rd party accounts from your smart phone.

In order to access the full range of Bankwest App features, security and other updates, you should ensure that you use the latest version of the Bankwest App. You may need to upgrade the operating system on your device to ensure it is compatible with the latest Bankwest App version.

When you login to the Bankwest App, you have the option to set up a Bankwest App PIN Login.

You can change this PIN Login combination after logging into the Bankwest App.

You should always:

• Memorise your PIN Login as soon as possible – if you record it, disguise it so others can't decipher it
• If you nominate a PIN Login, use a number that is not obvious or can't be easily guessed (e.g. don't use date of birth or driver's licence number)
• Take precautions when using the Bankwest App (e.g. don't let anyone watch you enter your PIN Login).

You must never:

• Tell or let anyone find out your PIN Login – not even family or friends
• Record your PIN Login on your device or computer
• Keep a record of your PIN Login with your device.

Joint account holders are not permitted to share a PIN Login.

For the avoidance of doubt, any reference to ‘Secret Code’ in the Account Access Conditions of Use or the Credit Card Account Access Conditions of Use includes your Bankwest App PIN Login.

If you have the Bankwest App installed on an iPhone or iPad, you can turn on:

• “Touch ID for the Bankwest App" – where you can access the Bankwest App using a fingerprint identity sensor (except for the iPhone X); or
• “Face ID for the Bankwest App” – where you can access the Bankwest App using facial recognition ability for iPhone X users.

If you have the Bankwest App installed on an Android mobile device, you can choose the option of using fingerprint recognition to access the Bankwest App.

If you turn on Touch ID, Face ID or use Android fingerprint recognition on the Bankwest App, you consent to Bankwest collecting the biometric information you provide for the purposes of identifying you and otherwise for use in accordance with the Bankwest Privacy Statement.

For certain transactions on the Bankwest App you may be prompted to enter your Bankwest App PIN Login as an additional security measure.

You must only store your own biometric identifiers (including your fingerprints or your facial mapping) on your smartphone device. You must not use Touch ID, Face ID or use Android fingerprint recognition on the Bankwest App if you have someone else’s biometric identifiers, including their fingerprints or facial mapping stored on your device.

If you do allow anyone else’s fingerprints or facial mapping to be stored on your device (despite this being against these Terms of Use):

• They will be able to access your accounts and considered authorised to do so; and
• You will be responsible for their transactions.

Touch ID, Face ID and Android fingerprint recognition can only be turned on for the Bankwest App if it is available on your mobile device model and has been enabled by you on your device. Touch ID, Face ID and Android fingerprint recognition are technologies provided by vendors external to Bankwest and accordingly we are not responsible:

• For any malfunction in such technologies; or
• If Apple or Android^TM make any changes to their technology that impacts the way you access the Bankwest App. E.g. For iPhone X users, effective from 3rd of November 2017, the fingerprint sensor will no longer be available and is replaced with facial recognition ability.

If you choose to use Touch ID, Face ID and/or Android fingerprint recognition to access the Bankwest App, you will still need your internet banking login details and must protect these in the manner outlined in these Terms of Use and the Account Access Conditions of Use or Credit Cards Account Access Conditions of Use.

9.1 What is a Bankwest Easy Alert?

Certain functionality on the Bankwest App may allow you to receive alerts distributed from the Bank via a push notification service (known as “Bankwest Easy Alerts”). Bankwest Easy Alerts will be sent to any compatible iOS or Android device on which you have installed the Bankwest App and enabled notifications (“registered device”). This may include where you have paired a compatible smart watch with your mobile device. Whilst some limited alerts may be sent to your registered device once you have enabled notifications, in order to receive the full range of Easy Alerts available you will also need to activate the Bankwest Easy Alerts service within the Bankwest App.

Bankwest may also send you important service related push notifications to your registered device from time to time.

9.2 Opting in to Bankwest Easy Alerts

Please check the notifications settings on all your registered devices to ensure the privacy and alerts settings are appropriate for your use.

If you have an iPhone, you can enable or disable the Bankwest App notifications via the Notification Centre in your phone Settings. If you have an Android phone, you can turn Bankwest App notifications on or off via Settings within the Bankwest App. In addition you will also need to activate the Bankwest Easy Alerts within the Bankwest App.

By enabling Bankwest Easy Alerts on your registered device, you are requesting Bankwest to send you Bankwest Easy Alerts and you agree and acknowledge that:

• Bankwest Easy Alerts will deliver confidential account information. It is your responsibility to adequately protect your registered device from unauthorised access to this confidential information. Bankwest excludes all liability for unauthorised access to information contained in a Bankwest Easy Alert delivered to your registered device at your request except to the extent caused by negligence, fraud or wilful misconduct of Bankwest or its agents
• Bankwest Easy Alerts could be seen by others (including unauthorised persons) who use or access your device or who are able to see your smart watch.

The receipt of Bankwest Easy Alerts on your registered device depends upon the electronic transmission of data across networks operated by mobile phone service providers. Because Bankwest does not control these networks, Bankwest cannot and does not guarantee the security of these data transmissions. You can however check with your network service provider for information about their privacy and security practices.

You will be unable to receive Bankwest Easy Alerts when your registered device is in battery saving mode or airplane mode. All Bankwest Easy Alerts will be sent to you and managed in accordance with the Bank's Privacy Statement. The Bank reserves the right to suspend or discontinue its alerts services at any time without notice.

9.3 Transmission of the Bankwest Easy Alerts

All information contained in the Bankwest Easy Alert will be current at the time corresponding to the time and date stamp within the notification list within the Bankwest App as opposed to the time that the Bankwest Easy Alert is delivered or received.

As described above, you acknowledge that at all times your access to Bankwest Easy Alerts may depend on factors outside of Bankwest’s control, including any disruption, failure or malfunction in any part of the device, internet or mobile carriage service. Access may also be limited or unavailable during periods of peak demand, systems interference, damage or maintenance, or for other reasons.

Where systems interruptions cause delay in delivery, Bankwest will do all things within its control to ensure delivery as soon as possible after the scheduled time. Delivery of Bankwest Easy Alerts is not guaranteed. Except to the extent Bankwest cannot limit liability under statute (for example for any implied term under which it must provide its services with due care and skill), Bankwest accepts no liability for any loss or damage, whether direct or indirect and however caused if, for any reason, an alert message is not sent or not received by you. Where Bankwest sends you Bankwest Easy Alerts relating to available funds, it will be unable to factor in any future automatic direct debits that you have arranged with third parties. The amount noted as available funds may also include cheques waiting for clearance.

You acknowledge that it is your responsibility to check your account balances.

Bankwest reserves the right to suspend or cancel the delivery of Bankwest Easy Alerts at any time without notice.

10.1 Internet 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 or the Bankwest App 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.

10.2 Protecting information contained in the Bankwest App
You must always:

• Lock your device and take any reasonable steps to stop unauthorised use of the Bankwest App or disclosure of your card details
• Notify us immediately if your device is lost or stolen or you suspect your Bankwest App login details have become known to someone else
• Only install approved applications on your device or smart watch and never override the software lockdown (i.e. jailbreak or root your Android device)

Don't ever:

• Allow another person to use your device to make purchases or payments
• Leave your device or smart watch unattended.

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.

When you use our websites, we may collect personal information about you. Ordinarily, we tell you the purposes for which we collect that information when it is collected.

As a general rule, we only collect such information which is necessary for us to provide a product or service to you or to maintain our relationship with you.

The information we collect about you depends on how you use our websites and may involve the use of "cookies", as explained below.

12.1 What is a "cookie"?
A cookie is a small text file placed on your computer hard drive by our web page server and which we can later access. Cookies are frequently used on websites and you can choose if and how your computer accepts them by configuring your preferences and options in your browser.

12.2 How we use cookies
We use cookies so that we can improve our websites and learn how to provide you with a better and more customised service. We use them for two different purposes:

• We allocate a cookie to your internet browser if you visit our websites (including if you visit an unsecured area – such as one which does not require you to log on to the relevant page). The cookie allows us to:
  • Allocate a Bankwest identification number to your internet browser
  • Determine if you have previously visited our website
  • Identify pages you have accessed and third party websites you have visited.

• We use cookies for security and personalisation in relation to the many secure services on our websites such as:
  • Online banking
  • Online applications.

If you have provided your personal information through the use of our online facilities, such as an online enquiry form or online banking, we would be able to identify you from the information provided, and track your browsing activities on our website from the cookie.

So, if you want to make full use of our websites, you need to set up your browser to accept cookies. You may still be able to use some information-only pages if you choose not to accept cookies.

12.3 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.

13.1 Monitoring our advertising effectiveness
We use several advertising companies for our online advertising. This often involves displaying a banner advertisement on a third party website.

When you visit a third party website which displays one of our banner advertisements or use a link on our website to visit a website operated by a third party, the third party website may use cookies or spotlight tags (or both) to collect information such as:

• The server your computer is logged onto
• Your browser type
• The date and time of your visit.

And we may receive a copy of that information or access to it as part of our arrangements with the third party. (Third party websites are not subject to our privacy standards so you should review the Privacy Statement and any other relevant notice that appears on a third party website.)

Also, when you visit our website after following a link from one of our advertisements on a third party website, information is collected on how you use our website. This might include which pages you view, and whether you start and complete an online application.

In each case, the information is collected principally so that the effectiveness of the advertising can be measured.

We may also share with other third parties cookie information, information about your preferences or other information you have given the third party. We do not ordinarily share any personal information which could identify you, without your consent.

13.2 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.

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.

15.1 Third parties generally

Our websites may contain links to other websites operated by third parties. We do not endorse or otherwise approve the owners or operators of the third party websites, or the information, graphics and material on those websites or the goods or services (including software) offered on those websites.

Unless we tell you otherwise, any software you download from a third party website is their product and not ours. We point this out because some products may be subject to a licence agreement between you and the third party.

To the extent permitted by law, we are not responsible or liable for, and give no warranty in respect of, any third party website or the goods and services (including software) offered on any third party website. We do, however, welcome your feedback or suggestions concerning them.

We may receive payments from operators or owners of third party websites in relation to goods or services supplied to you by them as a result of you visiting their website via a link on ours.

Third party websites are not subject to our privacy standards so you should review the Privacy Statement and any other relevant notice that appears on a third party website.

15.2 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.

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 or the Bankwest App;
• Your use of our websites or the Bankwest App; and
• Any modification, suspension or discontinuance of our websites or the Bankwest App.

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).

The material on our websites and the Bankwest App 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.

These are our current Terms of Use. They replace any others which have appeared previously on our websites or the Bankwest App. We may amend these Terms of Use at any time. If we do, we will publish the amended version on our website and the Bankwest App. 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 website or the Bankwest App will constitute your acceptance of those amendments.

In these Terms of Use:

• We, us and our refer to Bankwest, a division of Commonwealth Bank of Australia (Bankwest) ABN 48 123 123 124 AFSL / Australian credit licence 234945 and any related body corporate of Bankwest, a division of Commonwealth Bank of Australia (Bankwest)
• Notice includes a disclaimer, a disclosure or other statement, a consent and terms and conditions
• A reference to our website or websites is a reference to any one or more of the websites described in "About our websites" above
• Bankwest App means the Bankwest app service described in section 5
• Bankwest website means a website that is branded "Bankwest"
• Bankwest customer means a customer of our Bankwest division
• Compatible device means iPhones and iPads that meet the requirements listed in the Apple App Store and Android devices that meet the requirements listed on Google Play
• "Compatible smart watches” or smart watches means an Apple Watch that is paired with an iPhone running iOS 8.2 or newer, or Android watch running Android Wear and paired with an Android device running Android 4.3 or newer
• The singular includes the plural and vice versa
• "Financial Abuse” means a serious form of domestic and family violence that may occur through a pattern of control, and results in exploitation or sabotage of money and finances which affects an individual’s capacity to acquire, use and maintain economic well-being and which threatens their financial security and self-sufficiency.