ANZ Plus PayTo® T&Cs
These ANZ Plus PayTo1 T&Cs form part of the ANZ Plus Deposit Account T&Cs.
PayTo allows you to authorise and maintain PayTo Payment Agreements with Payees who offer PayTo as a payment option.
For the purpose of the ANZ Plus PayTo T&Cs:
ANZ Plus Deposit Account T&Cs is the document by that name which can be found on www.anz.com.au/plus/.
Mandate Management Service means the central database used to store PayTo Payment Agreement details operated by NPP Australia Limited.
Merchant means a merchant with which you have established a PayTo Payment Agreement, or who seeks to establish a PayTo Payment Agreement with you.
Payee means Merchant or Payment Initiator.
Payment Initiator means a payment service provider who, acting on behalf of a Merchant, is authorised by the Merchant to establish PayTo Payment Agreements and/or initiate PayTo Payments from your Account.
Terms defined in the ANZ Plus Deposit Account T&Cs have the same meaning when used in these ANZ Plus PayTo T&Cs.
1 Payto and PayID are registered trademarks of NPP Australia Limited.
Creating a PayTo Payment Agreement
Establishing a PayTo Payment Agreement
To establish a PayTo Payment Agreement (including a migrated direct debit agreement), you will need to have an eligible Account, and the Payee will need to offer PayTo Payment services. You will be required to provide the Payee with your personal information including your BSB and account number or PayID®. You are responsible for ensuring that any information you provide the Payee when establishing a PayTo Payment Agreement is correct. In respect of the collection, use and disclosure of any personal information or data you provide to the Payee, the terms and conditions of the Payee, and their privacy policy (if any) will apply.
Details of your PayTo Payment Agreement will be submitted by the Payee to their financial institution for their record and inclusion in the Mandate Management Service. The Mandate Management Service will record details of your PayTo Payment Agreement to ensure that payments are processed in line with the PayTo Payment Agreement and to notify us of the creation of the PayTo Payment Agreement.
New PayTo Payment Agreements
This section applies if you have created a new PayTo Payment Agreement. It does not apply to migrated direct debit arrangements.
We will notify you of the creation of a PayTo Payment Agreement. You must review all details within the PayTo Payment Agreement to verify whether they are correct. If you believe that any details contained within a PayTo Payment Agreement are incorrect (such as payment amount, frequency or any other detail presented), you may decline the PayTo Payment Agreement and contact the Payee, who may amend and resubmit it.
After reviewing the details of the PayTo Payment Agreement, you may authorise or decline it. If you authorise the PayTo Payment Agreement, we will record this instruction, update the Mandate Management Service and the PayTo Payment Agreement will become active. If you decline a PayTo Payment Agreement, we will record this instruction, update the Mandate Management Service and the PayTo Payment Agreement will be cancelled.
If the Payee has specified a timeframe (up to a maximum of 5 days) within which you must action the PayTo Payment Agreement authorisation request, you must action the request within that timeframe. If no timeframe is specified by the Payee, the request will automatically expire after 6 days. Expired authorisation requests will be considered declined PayTo Payment Agreements.
A PayTo Payment Agreement may be withdrawn by the Payee at any time before you action an authorisation request.
Amending a PayTo Payment Agreement
Your PayTo Payment Agreement may be amended by you, by the Payee or by us.
By Payee
Where an amendment to your PayTo Payment Agreement proposed by the Payee requires your authorisation, we will be notified of these amendments by the Mandate Management Service and will notify you of the proposed amendments. This could include, for example, changes to the payment amount, payment frequency or date.
You must authorise or decline any amendment request that requires your approval. If you authorise the amendment we will record this instruction, update the Mandate Management Service and the amendment will become effective. If you decline the amendment we will record this instruction, notify the Mandate Management Service and the amendment will not be made. A declined amendment request will not otherwise affect the PayTo Payment Agreement.
If you decline the amendment request because it does not reflect the updated terms of the PayTo Payment Agreement that you have with the Payee, you may contact the Payee and have them resubmit the amendment request with the correct details. We are not authorised to vary the details in an amendment request submitted by the Payee.
Amendment requests which are not authorised or declined within 6 days of being sent to you will expire. If you do not authorise or decline the amendment request within this period of time, the amendment request will be deemed to be declined. This will not affect the existing terms of the PayTo Payment Agreement.
By you
Once a PayTo Payment Agreement has been established, you can amend certain details of your PayTo Payment Agreement (such as changing the linked account) via the ANZ Plus App, or in any other way we make available.
Pausing a PayTo Payment Agreement
By you
Via the ANZ Plus App, or in any other way we make available:
- you may instruct us to pause your PayTo Payment Agreement; and
- where you have paused a PayTo Payment Agreement, you will also be able to resume that PayTo Payment Agreement.
We will act on such an instruction by updating your PayTo Payment Agreement and notifying the Mandate Management Service to update your record. The Mandate Management Service will notify the Payee’s financial institution of this update.
Before pausing a PayTo Payment Agreement you should consider if this action may cause you to breach any contractual obligations between you and the Payee. We will not be liable for any loss you suffer if you breach any agreement you have with the Payee.
By the Payee
A Payee may pause and resume their PayTo Payment Agreement with you. If the Payee pauses or resumes a PayTo Payment Agreement, they will notify their financial institution for their record and update the Mandate Management Service. We will be notified of a pause/resume update by the Mandate Management Service.
By us
We may pause and resume your PayTo Payment Agreement to prevent or investigate any suspected fraud, unlawful activity, misconduct, or any suspicious activity.
We will notify the Mandate Management Service to update your record and the Mandate Management Service will notify the Payee’s financial institution of this update.
While your PayTo Payment Agreement is paused, we will not process payment instructions in connection with it.
Cancelling a PayTo Payment Agreement
By you
You may instruct us to cancel a PayTo Payment Agreement on your behalf via the ANZ Plus App (or in any other way we make available). We will act on this instruction by updating your PayTo Payment Agreement and notifying the Mandate Management Service to update your record. The Mandate Management Service will notify the Payee’s financial institution of this update.
Cancelling a PayTo Payment Agreement will take effect immediately and it cannot be re-activated. Before cancelling a PayTo Payment Agreement you should consider if this action will cause you to breach any contractual obligations between you and the Payee. We will not be liable for any loss you suffer if you breach any agreement you have with the Payee other than to the extent that the loss is caused by our negligence, fraud, wilful misconduct or mistake (including our employees, contractors, agents, officers, and receivers).
By the Payee
A Payee may cancel their PayTo Payment Agreement with you. If the Payee cancels your PayTo Payment Agreement, they will notify their financial institution for their record and update the Mandate Management Service. We will be notified of this cancellation by the Mandate Management Service.
By us
We may cancel your PayTo Payment Agreement to prevent or investigate any suspected fraud, unlawful activity, misconduct, or any other suspicious activity. You may also request us to cancel a PayTo Payment Agreement on your behalf if you do not have access to do so yourself via the ANZ Plus App (or in any other way we make available). We will notify the Mandate Management Service to update your record. The Mandate Management Service will notify the Payee’s financial institution of this update.
Unauthorised PayTo Payments
Once a payment has been made under a PayTo Payment Agreement it is irrevocable. Refunds and reversals will not be provided by us, PayTo or the NPP where you have a dispute with a Payee about any goods or services you have agreed to or acquired from the Payee under a PayTo Payment Agreement. If you have any complaints about goods or services purchased using a PayTo Payment Agreement you must resolve the complaint directly with the Payee concerned.
If you become aware of a payment being made from your Account, that is not permitted under the terms of your PayTo Payment Agreement (such as the payment frequency or the amount debited), you should contact the Payee to resolve this matter directly with them. If you have made reasonable attempts to resolve this matter, we may, at our discretion, raise an enquiry with the Payee’s financial institution in an attempt to recover funds on your behalf.
Your Responsibilities
- You must comply with all applicable laws in connection with your use of PayTo
- You are responsible for ensuring that:
- you comply with the terms of any agreement that you have made with a Payee, including adhering to any termination notice periods; and
- all data you provide to us or to any Payee that subscribes to PayTo is accurate and up to date. - You acknowledge that you are responsible for any loss that you or any other person suffer in connection with the cancellation or pausing of a PayTo Payment Agreement which is in breach of any agreement that you have with that Payee. This could include (but is not limited to) any termination notice periods that have not been adhered to, any payments that may still be due and any cancellation fees or charges that may apply.
- You must immediately notify us if you no longer hold or have authority to operate an Account or PayID that is linked to a PayTo Payment Agreement
- You must promptly respond to any communication that you receive from us regarding a PayTo Payment Agreement, and within the specified time period. We will not be liable for any loss that you may incur as a result of your delay in responding to such communication.
- If you become aware of any activity that appears suspicious or fraudulent in relation to a PayTo Payment Agreement, for example if you receive a PayTo Payment Agreement authorisation request that you are not expecting or become aware of a fraudulent PayTo Payment being processed from your Account, you must immediately
- pause your PayTo Payment Agreement, and
- notify us.
Migration of Direct Debit arrangements
This clause applies when migrated direct debit functionality is offered by both us and the Payee’s financial institution.
Payees who have an existing direct debit arrangement with you may establish a PayTo Payment Agreement to replace it. This is called a migrated direct debit arrangement and will be used to process payments under those arrangements via the NPP rather than BECS (Bulk Electronic Clearing System).
If you have an existing direct debit arrangement with a Payee, you may be notified by them that the future payments will be processed from your account under PayTo. The Payee (and not ANZ) should give you prior written notice about the migration and changed processing arrangements. If you do not consent to the migration of your direct debit arrangement to PayTo, you must advise the Payee.
We are not obliged to provide notice to you of a migrated direct debit arrangement for you to authorise or decline.
We will process instructions received from a Payee on the basis of a migrated direct debit arrangement.
A migrated direct debit arrangement will be a PayTo Payment Agreement under these ANZ Plus PayTo T&Cs.
You can view the full details of a migrated direct debit arrangement in the ANZ Plus App, or in any other way we make available. You can maintain a migrated direct debit arrangement in the same way as any other PayTo Payment Agreement.
You should pause or cancel the PayTo Payment Agreement and contact the Payee if you do not agree with the terms of the PayTo Payment Agreement.
Joint Accounts - Authority
By default, any Joint Account holder can create and manage PayTo Payment Agreements. This means each Joint Account holder can generally do almost everything in connection with PayTo Payment Agreements linked to the Joint Account without any other Joint Account holder, unless the Joint Account can only be managed by all Joint Account holders. In that case, you may need to change this so that the Account can be managed by any Joint Account holder before giving us an authorisation or instruction in connection with a PayTo Payment Agreement linked to the Joint Account.
PayTo Payment Instructions
Once a PayTo Payment Agreement has been authorised by you (and is not paused):
- PayTo Payments are processed through the NPP.
- Payments made under a PayTo Payment Agreement will be subject to any associated terms, conditions and codes of practice that apply to PayTo (for example payment processing timeframes and dispute processes).
- We will process payments as instructed by the Payee, via their financial institution or payment processor in connection with a PayTo Payment Agreement once it is authorised by you.
- You are responsible for ensuring that you have sufficient funds available to meet the requirements of all PayTo Payment Agreements you have authorised and which remain active. If a payment instruction received by us is unable to be processed due to an issue with your Account (such as insufficient funds), the Payee, via their financial institution or payment processor, can re-attempt the payment instruction. We will not be liable for any loss that you suffer as a result of your Account having insufficient funds.
Our Rights and Responsibilities
- We will accurately reflect any instruction you provide to us in connection with a PayTo Payment Agreement in the Mandate Management Service.
- We may, in our discretion, delay acting on or decline to act on any of your instructions in relation to your PayTo Payment Agreement where we reasonably consider this necessary to protect us or you from suffering financial loss (e.g., as a result of suspected fraudulent activity on the Account).
- If you or we close an Account that is linked to a PayTo Payment Agreement, we may cancel that PayTo Payment Agreement. In this event, we will not be liable for any loss you suffer if you breach any agreement you have with the Payee.
Our Liability Under PayTo
In addition to and without limiting any other clause in these ANZ Plus PayTo T&Cs, we will not be liable for any loss that you suffer as a result of, or in connection with the following:
- any payments processed by the Payee in accordance with the terms of a PayTo Payment Agreement you have authorised;
- any payments processed by the Payee outside the payment frequency you have authorised;
- any payments processed by the Payee that do not reflect the amount you owe the Payee (but which are within any “Maximum” amount specified in the PayTo Payment Agreement);
- acting on any instruction from you in relation to your PayTo Payment Agreement;
- your failure to respond within the relevant time period to any notice or instruction from us; or
- acting on a notice or an instruction from the Mandate Management Service, a Payee (via their financial institution or payment processor) in relation to you or a PayTo Payment Agreement,
unless such loss is directly caused by a processing error by us, or our gross negligence, fraud or wilful misconduct or mistake (including our employees, contractors, agents, officers and receivers).
Neither party will be liable for any consequential loss or damage you suffer as a result of using PayTo, other than due to any loss or damage you suffer due to our negligence or in relation to any breach of a condition or warranty implied by law in contracts for the supply of goods and services and which may not be excluded, restricted or modified at all or only to a limited extent.
Our Intellectual Property
All intellectual property, including but not limited to the PayTo trade marks and all documentation, remains our property, or that of our licensors ("Our Intellectual Property"). We grant to you a royalty free, non-exclusive license (or where applicable, sub-license) while you have an Account that allows PayTo payments to use Our Intellectual Property for the sole purpose of using PayTo in a way that is consistent with the ANZ Plus Deposit Account T&Cs.
Where an intellectual property infringement claim is made against you, we will have no liability to you under the ANZ Plus Deposit Account T&Cs to the extent that any intellectual property infringement claim is based upon:
- modifications to Our Intellectual Property by or on behalf of you in a manner that causes the infringement;
- use of any item in combination with any hardware, software or other products or services in a manner that causes the infringement and where such combination was not within the reasonable contemplation of the parties given the intended use of the item;
- your failure to use corrections or enhancements to Our Intellectual Property that are made available to you (except where the use of corrections or enhancements would have caused a defect in PayTo or would have had the effect of removing functionality or adversely affecting the performance of PayTo); and
- your failure to use Our Intellectual Property in accordance with the ANZ Plus Deposit Account T&Cs.