OneSmart Account Terms and Conditions

OneSmart Account Terms and Conditions
Welcome to Air New Zealand’s OneSmart™.
Your Airpoints™ Card with OneSmart technology is a multi-functional card brought to you by Air New Zealand
Limited (“Air New Zealand”). The OneSmart features include a OneSmart Account, which is offered to eligible
Airpoints members by Bank of New Zealand (“BNZ”) as the issuer. To be eligible for a OneSmart Account you
must be an Airpoints member who resides in New Zealand and who is aged sixteen years and over.
Your use of your Airpoints Card is governed by:
›
the Air New Zealand Airpoints Terms and Conditions between you and Air New Zealand, which apply to your
membership in Air New Zealand’s Airpoints Programme; and
›
the OneSmart Account Terms and Conditions between you and BNZ, which apply to your use of the prepaid
payment functionality (“OneSmart Account”) of your Airpoints Card.
Each agreement is separate. However if you cancel your Airpoints Programme membership then by default your
OneSmart Account will also be cancelled. Please refer to section 7, of these Terms and Conditions for further
details.
BNZ has no liability to you in relation to the Air New Zealand Airpoints Terms and Conditions. Air New Zealand
has no liability to you in relation to the OneSmart Account Terms and Conditions.
1.
Definitions
Activate – means you going to the OneSmart Account Centre and following the instructions for
“activation” of your Card(s), which then enables your Card(s) to access your OneSmart Account for
transactions. Activated shall have the same meaning.
Air New Zealand – means Air New Zealand Limited.
Airpoints Card – means the primary physical plastic card brought to you by Air New Zealand, as an
offering to eligible Airpoints Programme members.
Airpoints Dollars – means the Air New Zealand Airpoints Programme’s frequent flyer points.
Airpoints Programme – means the frequent flyer loyalty programme conducted by or on behalf of Air
New Zealand.
ATM – means an automated teller machine that accepts MasterCard® cards for cash withdrawals and
balance enquiries.
Auto Wallet Transfer – means where a Wallet has insufficient funds, funds will be automatically
transferred from another Wallet(s) to allow the transaction to be completed. Auto Wallet Transfers will
be completed at the OneSmart Conversion Rate.
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Available Balance – means the total monetary value available to you for transactions using your
OneSmart Account, i.e. the total value of all Wallets less any applicable tolerance limits, which may
apply to certain transactions.
BNZ – means Bank of New Zealand, as issuer of the OneSmart Account.
Card(s) – means any of the Airpoints Card, the Secondary Card or the Virtual Card.
Customer Services – means the OneSmart dedicated 24 hour, seven days a week call centre at 0800
ONESMART (0800 663 762) or +64 9 444 0537, or OneSmart’s online support accessible through the
OneSmart Account Centre.
Currency Order – means, when you have more than one Wallet loaded with a Supported Currency on
your OneSmart Account, the order that your Wallets appear, from top to bottom, at the ‘Manage
Wallets’ page at your OneSmart Account.
EFTPOS Terminal – means a device that enables electronic funds transfer at point of sale and includes
EFTPOS software integrated into an electronic cash register that is installed at a Retailer’s premises to
effect point-of-sale transactions.
MasterCard – means MasterCard International Incorporated or its successors or assigns.
MasterCard Conversion Rate – means the exchange rate selected by MasterCard (as opposed to the
OneSmart Conversion Rate) from within a range of wholesale exchange rates available or, if applicable,
the government mandated rate relevant to the country of the Unsupported Currency being transacted.
In either case the exchange rate will be selected on the date that MasterCard processes your foreign
currency transaction (and not necessarily the date that you enter into the foreign currency transaction).
Mobile Portal – means a software application and/or web application for accessing the OneSmart
Account Centre that has been created to suit small-screen and/or portable electronic devices including
mobile phones and tablets, and which may have different levels of functionality than that available
when accessing the OneSmart Account Centre via a web browser.
Negative Balance – means a negative rather than positive Available Balance, arising because the debits
over the OneSmart Account exceed the total value of all your Wallets.
OneSmart Account – means the account associated with your Card(s), carrying your name as
cardholder, loaded with one or more Supported Currency Wallets that has access to prepaid payment
functions and your Available Balance. An account may hold multiple Wallets, which must include New
Zealand dollars.
OneSmart Account Centre – means the website at www.onesmart.co.nz or any Mobile Portal
application that you log on to, to access the secure elements of your OneSmart Account.
OneSmart Conversion Rate – means the foreign currency exchange rate applicable to your OneSmart
Account and Wallet transfers (as opposed to the MasterCard Conversion Rate) from within a range of
Supported Currency exchange rates available at the OneSmart Account Centre. The exchange rate
applicable will be that prevailing at the time of processing of the transaction.
OneSmart Website – means www.airnz.co.nz/onesmart.
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Physical Card – means either your Airpoints Card or your Secondary Card (if applicable).
PIN – means a OneSmart Account’s personal identification number for payments using a Physical Card,
and/or YAP Mobile Services.
Retailer – means a retailer or any other person who or which is bound by a MasterCard or EFTPOS
merchant agreement with us or any other organisation which allows you to make a transaction using
your OneSmart Account.
Secondary Card –means a second or backup physical prepaid MasterCard that you can purchase at your
discretion to access the Available Balance in your OneSmart Account only. The Secondary Card is issued
in your name and it is for your use only.
Supported Currency – means New Zealand dollars, Australian dollars, Canadian dollars, Euro, Great
British pounds, Hong Kong dollars, Japanese yen, Singapore dollars, United States dollars and other such
foreign currencies as notified by us to you from time to time and available to view at the OneSmart
Account Centre.
Terms and Conditions – means these terms and conditions, as amended from time to time.
Unsupported Currency – means a currency that is not a Supported Currency.
Virtual Card – means a 16-digit MasterCard card number, security code (CVC2) and expiration date that
is different from your Physical Card and can be used to access your OneSmart Account. A Virtual Card
can be used for online and telephone transactions only.
Wallet - means the portion of your OneSmart Account that holds the total of each of the Supported
Currencies which are loaded onto your OneSmart Account.
we, us, our – means BNZ.
YAP Mobile Services - means YAP-branded mobile financial services that you can opt in to, to allow you
to access your OneSmart Account information and to perform financial transactions using your YAP
Registered Mobile Phone.
YAP Registered Mobile Phone – means any mobile phone enabled to access your OneSmart Account
which has been registered by you at the OneSmart Account Centre.
you, your – means the natural person named on the OneSmart Account entering into these Terms and
Conditions.
The singular includes the plural and vice versa.
References to days, times or period of time in these Terms and Conditions are reckoned according to
New Zealand time.
References to sections are to sections of these Terms and Conditions.
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2.
Introduction
These Terms and Conditions govern the use of the OneSmart Account, and apply as an agreement
between you and BNZ. By opening your OneSmart Account you agree to be bound by these Terms and
Conditions.
We encourage you to read these Terms and Conditions carefully. Please contact Customer Services if
you do not understand or are unsure about any of these Terms and Conditions.
2.1
What is a OneSmart Account?
Once opened, your OneSmart Account is:
2.2
›
Able to hold multiple currencies (which must include New Zealand dollars).
›
Able to grow your Airpoints Dollar balance - Air New Zealand offers the ability to buy and earn
Airpoints Dollars with your OneSmart Account. Your right to buy and/or earn Airpoints Dollars with
your OneSmart Account is governed by the Air New Zealand Airpoints Terms and Conditions
between you and Air New Zealand.
›
Flexible – you can choose which Wallets to load from the Supported Currencies and transfer
currencies between those Wallets when it suits you.
›
Prepaid – you first have to load funds to your OneSmart Account. As a result you can only spend the
Available Balance and can keep to a budget.
›
Reloadable – you can load funds up to the maximum reload value detailed in section 3.7.
›
Chip, PIN and signature enabled for security.
›
Able to be used wherever MasterCard is accepted electronically.
›
Virtual - you can choose to have a Virtual Card that you can use to access your OneSmart Account
Available Balance, enabling you to transact with online or telephone Retailers who accept
MasterCard without needing to give the details of your Physical Card(s).
›
Practical –you can have continued access to your OneSmart Account through an optional Secondary
Card that is for your use only, in the event that your Airpoints Card is lost or stolen or can’t be used.
›
Able to be linked to your YAP Registered Mobile Phone to access YAP Mobile Services, see section 8
for further details.
Fees and charges
OneSmart Account fees and charges apply to certain transactions, enquiries and services.
All fees that we charge relating to the use of your OneSmart Account are detailed in the OneSmart
Account Fee Schedule available on the OneSmart Website/Fees, and will (unless otherwise specified)
be deducted from your Available Balance.
Retailers or ATM operators may charge fees on transactions, and should disclose this to you prior to the
transaction.
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Please refer to section 4.5 to understand how fees and charges are deducted from your OneSmart
Account.
2.3
Complaints
If we have made a mistake, or you are unhappy with our service, we will try to put it right quickly and
fairly. You can:
a)
Call Customer Services on 0800 663 762 (0800 ONESMART, from New Zealand) or +64 9 444 0537
(from overseas), every day, 24 hours a day.
b) Email Customer Services via the OneSmart Account Centre, Help and Contact page.
If you are unhappy with how your complaint is being handled, please write to us at BNZ Resolve, PO Box
995, Shortland Street, Auckland 1140. We offer a free complaints review procedure for handling
complaints about our OneSmart Account.
If you are unhappy with our investigation into your complaint, and if you want to refer a matter to the
Banking Ombudsman, you can call +64 4 915 0400 (or freephone 0800 80 5950), email
[email protected] or write to PO Box 25 327, Featherson Street, Wellington 6146.
For specific information about what you should do when you believe there has been an error or you
have a dispute with a Retailer or electronic equipment, please refer to sections 6.4 to 6.6.
2.4
Moving overseas
You have an obligation to notify us if you move overseas. If you move overseas you will not be able to
load funds or reload funds into your OneSmart Account. However, while you have an Available Balance,
you will still be able to use your OneSmart Account to transact as described in these Terms and
Conditions, until the expiry date on your applicable Card(s) or until your Available Balance is used up,
whichever is sooner. If you move overseas, on the expiry of your current Airpoints Card, or if your
current Airpoints Card is lost or stolen after you have notified us that you have moved overseas, Air
New Zealand will send to you a standard issue Airpoints Card with no prepaid payment functions
available.
2.5
Other information
Your OneSmart Account is not like a credit card and your ability to use your OneSmart Account to
perform transactions is limited to the Available Balance and any other limits referred to in these Terms
and Conditions.
There is no interest payable to you on the Available Balance of your OneSmart Account.
3.
Getting started with your OneSmart Account
3.1
Who is eligible for a OneSmart Account
Provided you are an Airpoints member, reside in New Zealand, are aged sixteen years and over and Air
New Zealand has your current address:
a)
If you are an Elite, Gold or Silver Airpoints member, an Airpoints Card that has OneSmart features
including a OneSmart Account may be sent to you by Air New Zealand; or
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b) If you have opened your OneSmart Account and your Airpoints tier is downgraded at any stage
below Silver Airpoints membership, you may be issued with an Airpoints card with OneSmart
features.
c) If you are not an Elite, Gold or Silver Airpoints member, you may be issued with an Airpoints card
without OneSmart features. If you wish to receive an Airpoints card with OneSmart features, you
may request one; please refer to airnewzealand.co.nz/onesmart for details.
3.2
Who provides the OneSmart Account
The OneSmart Account is issued and maintained by BNZ. Your money is held with BNZ who is
responsible for paying it to you. If you choose to open the OneSmart Account, you need to take the
following steps.
3.3
Your Password
You need a password to be able to log in to your OneSmart Account Centre and open your OneSmart
Account. Your password is the same as your Air New Zealand account password. You must protect
your password and not disclose it to any person or record it anywhere, and ensure the password you
choose is not obvious or easily guessed (e.g. don’t use your date of birth, any part of your name, family,
pet or street names). We may also need you to provide additional information to authenticate you when
logging into your OneSmart Account Centre.
If you forget your password or believe it may have been compromised, you should contact Customer
Services. You may reset your password at your Air New Zealand account.
3.4
How to open your OneSmart Account
You begin the opening process by visiting the OneSmart Account Centre and logging on with your Air
New Zealand account username and password.
As part of the opening process, you will be required to set a four digit payment PIN for your Airpoints
Card. Once this has occurred, your OneSmart Account will be opened and be ready for you to load
funds. Please see section 3.5 for further details and unsuitable PINs, and section 3.7 for maximum
OneSmart Account balances as permitted by the type of identification performed. These limits may
change from time to time.
To access the higher transaction and load limits, we are required to verify your identity.
With your permission, we will collect your personal information via the OneSmart Account Centre and
from there you will be able to choose from three options as to how you would like to be identified:
a)
We could use an online validation service to verify the identity information you provide; or
b) You could provide sufficient identity documentation, in person, in their original form to your
nearest BNZ store. The OneSmart Account Centre will assist you in this process by requesting you
download an ID Verification Form, which includes a checklist of what you need to provide; or
c)
If you are an existing BNZ Internet Banking customer, we can accept a Secure Message from you
with set details. We’ll send you the information we require in an email.
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3.5
PIN Set up
As part of the opening process, you are required to set a four digit payment PIN for your Airpoints Card.
To change any PIN on your Physical Card(s) at a later date, go to the ‘Manage Cards’ page at your
OneSmart Account Centre, or you can phone Customer Services.
Once your payment PIN is set for your Physical Card(s), and funds are loaded, you can use your Physical
Card(s) to access your OneSmart Account at ATMs or Retailers wherever MasterCard is accepted
electronically.
In addition, if you register for YAP Mobile Services you can set a five digit PIN for YAP Mobile Services
(YAP PIN), which you can use to authorise transactions via your YAP Registered Mobile Phone. See
section 8 for further details about YAP Mobile Services.
Your selected PINs must be designed to reduce the chance of anybody guessing the numbers you have
chosen. You must avoid unsuitable PINs such as:
›
Birth dates, months or years in any form or combination;
›
Sequential numbers (such as 3456) and easily identifiable number combinations (such as 1111);
›
Any of the blocks of numbers on your Card(s); and
›
Other easily accessible personal data such as parts of personal telephone numbers or driver's licence
or other numbers easily connected with you.
If you believe that anyone has gained unauthorised access to any of your PINs, you should contact
Customer Services immediately and follow the other procedures set out in section 9 to limit your liability
for unauthorised transactions.
Use of your Physical Card(s) at Retailers or ATMs will be declined if an incorrect PIN is entered four times
in a 24 hour period. If this occurs you will need to contact Customer Services to have your PIN unlocked.
3.6
Loading funds on to your OneSmart Account
The loading of funds on to your OneSmart Account must be in accordance with the load limits outlined
at section 3.7 below. All funds must be loaded in New Zealand dollars. Please see the OneSmart Website
for details on your options to load funds.
3.7
Transaction and load limits
The following transaction and load limits apply to your OneSmart Account and are dependent on the
type of identity verification performed when you opened your OneSmart Account:
Identity verification performed per section 3.3:
Maximum account
OneSmart Account
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limit
on
your
You haven’t been identified
You’ve been identified
NZ$999.99
NZ$25,000
Loading funds
It can take up to one business day for the loaded funds to
appear in your account.
Funds will be held for a
further 24 hours before you
can use them
Funds are available once
they appear in your account
$9,999.99
Unlimited
ATM withdrawal limit per day
NZ$150
NZ$1,000#
Higher maximum account limit on your
OneSmart Account (available in certain
circumstances, on application and
subject to BNZ’s applicable criteria)
$75,000
Minimum amount per load on OneSmart
Account
NZ$20
Maximum number of reloads per day
3
Maximum number of ATM withdrawals
per day
3
Maximum amount you can send
OneSmart Account to OneSmart Account
per day
NZ$5,000
Maximum amount you can send
OneSmart Account to OneSmart Account
per transaction
NZ$5,000
Maximum number of Retailer or EFTPOS
transactions per day
Unlimited
Maximum value of Retailer or EFTPOS
transactions per day
Unlimited
Maximum reload value over
consecutive 12 month period
#
a
or a lesser amount set by a local ATM operator.
The foreign currency equivalent for the above-listed amounts will be determined based on the
OneSmart Conversion Rate or the MasterCard Conversion Rate, as applicable.
A day is defined as a 24 hour period.
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4.
Using your OneSmart Account
4.1
Where you can use your OneSmart Account
You should treat your Card(s) with the same care as you would treat cash.
YOU MUST SIGN YOUR PHYSICAL CARD(S) IMMEDIATELY UPON RECEIPT AND BEFORE USE.
Only you, the cardholder, is authorised to use your OneSmart Account. You are responsible for the use
of your OneSmart Account according to these Terms and Conditions.
You can use your Card(s) to access your OneSmart Account to buy goods and services from Retailers
displaying the MasterCard sign. This includes purchases by mail order, telephone order and over the
internet. However, some Retailers or financial institutions may not accept payment via your OneSmart
Account. We are not liable if this happens.
You can use your Physical Card(s) to access your OneSmart Account at ATMs displaying MasterCard and
Cirrus signs.
When using your Physical Card(s) to access your OneSmart Account at EFTPOS Terminals and at ATMs,
select the ‘credit’ option and not the ‘cheque’ or ‘savings’ options. You will then be required to enter
your payment PIN or sign a voucher to authorise and complete the transaction.
Your Physical Card(s) that access your OneSmart Account also have contactless PayPass™ technology.
This means that if a Retailer has a contactless terminal that accepts MasterCard cards, provided you
have an Available Balance, you may use your Physical Card(s) to pay for transactions by simply tapping
your Physical Card on the terminal. For certain transactions a PIN or signature may be required. Note:
limits on the amount of the transaction may apply.
If your Available Balance is not adequate to cover the transaction amount, you may request the Retailer
to charge a part of the transaction to your OneSmart Account and pay the remaining amount with cash
or another form of payment (a split transaction). Some Retailers do not allow split transactions.
If you use your OneSmart Account without presenting your Card(s), the legal effect will be the same as
if you had presented your Card(s).
Your OneSmart Account will be debited immediately with the amount of each cash withdrawal or
purchase, plus any applicable fee and any other amount that we may deduct from your OneSmart
Account under these Terms and Conditions. The Available Balance on your OneSmart Account will be
reduced accordingly.
4.2
Secondary Card
You can purchase a Secondary Card for use in case your Airpoints Card is lost or stolen, or otherwise
cannot be used to access your OneSmart Account. A Secondary Card has a different card number and
expiry date from your Airpoints Card. The Secondary Card will be issued in your name, and is for your
use only.
You will need to Activate your Secondary Card upon receipt and load a separate PIN. You can do this at
the ‘Manage Cards’ page at your OneSmart Account Centre. Please see section 3.5 for further details
and unsuitable PINs.
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We recommend you keep your Secondary Card in a safe place, separate from your Airpoints Card.
4.3
Virtual Card
If you currently hold a minimum balance of NZ$10.00 in your OneSmart Account, you can request the
issue of a Virtual Card by accessing the ‘Manage Cards’ page at your OneSmart Account Centre. The
option will not appear if your balance is below NZ$10.00. Only one Virtual Card can be active at any
one time. If at any time your Virtual Card details are compromised in any way, you must cancel it
immediately at your OneSmart Account Centre or by contacting Customer Service, and a replacement
Virtual Card may be issued at our discretion.
If a Virtual Card is issued to you:
4.4
›
once you have logged in to your OneSmart Account Centre, the 16-digit card number, security code
(CVC2) and expiry date of the Virtual Card will be displayed; and
›
you will need to log on to your OneSmart Account Centre to view the details of your Virtual Card
whenever you want to use it.
Limitations on use of your OneSmart Account
OneSmart Accounts cannot be used for:
a)
purchases from Retailers where the transaction is processed manually (through a zip-zap machine);
b) direct debit, recurring or instalment payments;
c)
over the counter cash withdrawals at Retailers and financial institutions;
d) purchases from Retailers who do not accept prepaid MasterCard branded cards; or
e)
transactions in countries prohibited by US Government sanctions and laws.
We strongly suggest that you do not use your OneSmart Account at ‘pay at the pump’ terminals, or to
secure holiday, rental car, cruise, hotel or motel reservations and similar transactions. This is because
these transactions can place a ‘hold’ on your funds and reduce your Available Balance for an unspecified
period of time until the Retailer has obtained an authorisation or approval for the final amount of the
transaction. In these situations, your Available Balance will be reduced by the amount of the held
transaction which may also include a ‘tolerance’ of up to 15% or more to cover incidentals or to ensure
enough funds are available in you OneSmart Account. However, once the Retailer has received the
authorisation or approval, only the final amount actually spent or authorised will be deducted from
your Available Balance.
Unlike a credit card, your OneSmart Account has your preloaded funds on it. You are not using a credit
limit. This may mean you are unable to obtain your funds when you need them in the immediate future,
until the ‘hold’ is removed.
4.5
How fees are charged
All fees that we charge relating to the use of your OneSmart Account are detailed in the OneSmart
Account Fee Schedule available on the OneSmart Website/Fees, and will (unless otherwise specified)
be deducted from your Available Balance.
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a)
International ATM fee
The international ATM withdrawal fee will be deducted from your OneSmart Account, as set out
below:
›
If the international ATM withdrawal is conducted in a Supported Currency, the listed
international ATM withdrawal fee will be deducted from that Supported Currency Wallet.
›
If the international ATM withdrawal is conducted in an Unsupported Currency, the listed New
Zealand dollar international ATM withdrawal fee amount will be deducted from your New
Zealand dollar Wallet.
›
If there are insufficient funds in the Wallet that the fee is being deducted from, then an Auto
Wallet Transfer will occur. See section 5.4 for further details on Auto Wallet Transfers
b) Other ATM fees
In addition to our ATM fees, some ATM operators may also charge an ATM fee. If you make an
ATM withdrawal, that ATM operator’s fee will be added to the total transaction value and be
deducted from your Available Balance. If the ATM operator’s fee does not relate to an ATM
withdrawal, the fee will be deducted separately from your Available Balance. Please see section
5.4(a) or (b), to determine which of your Wallets this fee would be deducted from. Not all ATM
operators advise you of their fee before you withdraw money from their ATM. Refer to section
5.4(d) of these Terms and Conditions for further information in regard to ATM transactions, fees
and operators. Also refer to sections 4.5, 5.2 and 5.4 for more information.
c)
Monthly account fee
In regard to the monthly account fee, if there are insufficient funds in your New Zealand dollar
Wallet to deduct the monthly account fee, an Auto Wallet Transfer will occur. See section 5.4 for
further details on Auto Wallet Transfers.
d) Other OneSmart Account fees
All other OneSmart Account fees will be deducted from the New Zealand dollar Wallet (unless
otherwise specified) and if there are insufficient funds in your New Zealand dollar Wallet to deduct
the applicable fee, the transaction may be declined.
4.6
Security at ATMs
When using your OneSmart Account at ATMs, you should always take security precautions. Observe
your surroundings before conducting the transactions and do not allow another person to see your PIN
when you enter it or if it is displayed. Cover your hand when you enter your PIN to avoid detection
from hidden cameras. Always take your ATM voucher, which is stamped with your transaction, and you
should always check your ATM vouchers against your transaction record displayed at your OneSmart
Account Centre.
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5.
Using currency Wallets
5.1
Multiple Wallets on your OneSmart Account
New Zealand dollars are a mandatory Wallet, and you can select a limited number of other Supported
Currency Wallets to add to your OneSmart Account.
The exchange rate that will be applied when funds are transferred between your Wallets is the
OneSmart Conversion Rate. The ‘Manage Wallets’ page at your OneSmart Account Centre will display
a quote of the OneSmart Conversion Rate on offer and the total value of foreign currency that you may
purchase. If you accept the quote, we will transfer the funds between your Wallets immediately in line
with the currency values agreed by the accepted quote.
5.2
Currency Order
When there is more than one Supported Currency Wallet on your OneSmart Account, a Currency Order
will apply. This order is important for some transactions; for further details on this, please see section
5.4. The Currency Order by default will be the order that you added your Wallets, but you can change
this order at the ‘Manage Wallets’ page at your OneSmart Account, or by phoning Customer Services.
5.3
Transferring funds between Supported Currency Wallets
You can transfer funds loaded on your OneSmart Account from one Wallet to another Wallet by
accessing the ‘Manage Wallets’ page at your OneSmart Account Centre. Funds transferred between
Wallets will be converted at the OneSmart Conversion Rate.
5.4
About currency transactions
a)
Supported Currency transactions:
›
Subject to section 5.4(c) below, if you transact in a Supported Currency that you have loaded
on your OneSmart Account, the transaction (including any payable fees that are added to the
transaction), will be deducted from that Supported Currency Wallet.
›
If you do not have that Supported Currency Wallet loaded, or if you have insufficient funds in
that Wallet, your OneSmart Account will move through the Wallets in the Currency Order until
the transaction value is met in that Supported Currency.
›
This means the full transaction amount may be funded from multiple Wallets available on your
OneSmart Account.
›
Each time funds are transferred from one Wallet to the Supported Currency Wallet you are
transacting in, an Auto Wallet Transfer will occur and the exchange rate used will be the
OneSmart Conversion Rate.
b) Unsupported Currency transactions:
›
›
If you transact in an Unsupported Currency, your OneSmart Account will first deduct funds
from your New Zealand dollar Wallet. The amount will be converted at the MasterCard
Conversion Rate.
If your New Zealand dollar Wallet has insufficient funds, then your OneSmart Account will
move through the Wallets in the Currency Order until the transaction value is met in New
Zealand dollars.
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›
This means the full transaction amount may be funded from multiple Wallets available on your
OneSmart Account.
›
Each time funds are transferred from one Wallet to your New Zealand dollar Wallet, an Auto
Wallet Transfer will occur and the exchange rate used will be the One Smart Conversion Rate.
›
Once there are sufficient funds in your New Zealand dollar Wallet to pay for the transaction,
the Unsupported Currency in which the transaction occurred, that has been converted into
New Zealand dollars at the MasterCard Conversion Rate, will be deducted.
›
A currency conversion fee will apply to Unsupported Currency transactions, please refer to the
OneSmart Website/Fees.
Example of a currency conversion fee transaction:
Suppose you make a purchase in Fijian dollars (which is an Unsupported Currency)
›
at the time, the MasterCard Conversion Rate is NZD 1.00 = $1.5197 Fijian, and
›
the amount of the transaction is $200.00 Fijian dollars
›
the New Zealand dollar amount is $200  1.5197 = $131.61
›
the currency conversion fee is currently 2.5%, therefore 2.5% x $131.61 = $3.29
The converted amount of any Unsupported Currency transaction and the currency conversion fee
(where applicable) are aggregated in the New Zealand dollar amount shown on your OneSmart
Account Centre transaction report. The rate of exchange shown on the statement is the
MasterCard Conversion Rate adjusted by us to include our currency conversion fee.
c)
Air New Zealand transactions
New Zealand dollar transactions completed at any Air New Zealand location (in-person or online),
will only check the Available Balance in your New Zealand dollar Wallet.
If your New Zealand dollar Wallet has insufficient funds, then the Air New Zealand transaction will
be declined. Your OneSmart Account will not attempt to check any other Supported Currency
Wallets to complete the Air New Zealand transaction.
d) Dynamic currency conversion
Overseas ATM operators and Retailers may offer to transact in a currency other than their local
currency, this is called dynamic currency conversion. When this occurs using your OneSmart
Account it can add cost to your transaction, and you need to understand the implications.
In this situation, the ATM operator or Retailer is applying a conversion rate (that is not the
OneSmart or MasterCard Conversion Rate) to the transaction, and a particular currency for
payment is being requested.
The ATM operator or Retailer is required to inform you of the currency in which the transaction
will be processed before you accept the transaction, but they do not always do this.
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Example 1:
›
An ATM operator in Australia might offer you a conversion rate back to New Zealand dollars,
but you are receiving Australian dollars from the ATM.
›
The ATM operator wants to be paid in New Zealand dollars.
›
You may already have Australian dollars in a Wallet.
›
If you were to accept the ATM operator’s conversion rate, this will send a transaction request
asking for New Zealand dollars, and either your New Zealand dollar Wallet will be deducted OR
if it has insufficient funds, one of your already converted Wallets will need to go through an
Auto Wallet Transfer, back into New Zealand dollars, to satisfy the request from the ATM
operator for that New Zealand dollars.
›
In this example, if you wish to force the transaction to request Australian dollars – you need to
decline the conversion rate on offer. This does not decline the transaction.
Please ensure you read the ATM Operator or Retailer messages carefully. In circumstances
where you have the local currency in one of your Wallets, it may be more beneficial for you to
process the transaction in that currency.
Note, that by signing the voucher, entering a PIN or completing the transaction, you accept the
currency offered by the Retailer or ATM operator. The currency in which you have authorised the
transaction will appear on the transaction voucher. Any query you have in relation to the
conversion rate used, or the transaction itself, must be directed to that ATM operator or Retailer.
Further to this, if you are withdrawing funds from an ATM that dispenses a currency other than
the local currency, the ATM operator is likely to convert the amount being withdrawn into the
local currency before converting it back to the currency being dispensed. This is likely to occur
even when the currency being dispensed is the same as one of your Wallets.
Example 2:
›
An ATM operator in Australia may offer (sell) United States dollars from their ATM.
›
If you request United States dollars from this ATM, the ATM operator is likely to convert the
amount of United States dollars in to Australian dollars, and request Australian dollars from
your OneSmart Account.
›
You may already have United States dollars in a Wallet on your OneSmart Account, but because
the request from the ATM operator is in Australian dollars, funds will be sourced from your
Australian dollar Wallet.
›
An Auto Wallet Transfer may occur between your Wallets, to ensure your Australian dollar
Wallet has enough funds in it to meet the ATM operator’s request.
As a result, the amount debited to your OneSmart Account may be greater than the amount which
is dispensed by the ATM. Not all ATM operators advise of the amount to be debited to your
OneSmart Account before you withdraw funds from their ATM.
Page | 14
e) Insufficient Funds Where there are insufficient funds in your OneSmart Account (or your New
Zealand dollar Wallet for an Air New Zealand transaction, see section 5.4(c) above) to process a
transaction, the transaction will be declined.
6.
Managing your OneSmart Account
The Transaction and load limits in section 3.7, contain further details on how you can manage your
OneSmart Account. Fees and charges may apply as set out in the OneSmart Account Fee Schedule
available on the OneSmart Website/Fees.
6.1
Balance enquiries
You can check the balance of any of your Wallets by logging on to your OneSmart Account Centre, by
calling Customer Services, or by text message using YAP Mobile Services (YAP fees will apply), see
section 8 for further details.
You can also check your balance through an ATM (however, fees will apply). Where you have more
than one Supported Currency Wallet on your OneSmart Account, an ATM balance enquiry will show the
combined Available Balance of all your Wallets in the local currency of the ATM. Some ATM operators
may also charge a separate fee for ATM balance enquiries, which will be deducted from your Available
Balance. Please see section 5.4(a) or (b), to determine which of your Wallets this fee would be deducted
from.
Your OneSmart Account can only be used if it has a positive Available Balance. If you make or attempt
to make any transactions that exceed your Available Balance on your OneSmart Account, then you will
be liable to us for any Negative Balance plus any applicable fees, along with any costs incurred in
recovering or attempting to recover from you the amount you owe. If a Negative Balance arises, that
does not mean that a Negative Balance will be allowed to arise or be increased on subsequent
occasions.
6.2
Statements and transaction records
You can check your transaction records:
›
by viewing at your OneSmart Account Centre;
›
over the phone, using your YAP Registered Mobile Phone; or
›
by calling Customer Services.
There may be fees payable for viewing transactions via YAP Mobile Services. A paper statement is
available on request, fees apply. Please refer to the OneSmart Website/Fees.
6.3
How to protect your Card(s), PIN(s) and password
The OneSmart Account is for your sole use and may only be used once the OneSmart Account has been
opened, the Card(s) have been Activated and signed, and, before the expiry date shown on the
MasterCard side of your Card(s); provided it is not closed. See section 7.1 for further details.
You are responsible for keeping your PINs and password secure. In particular you must:
›
not keep a written record of your PINs or password;
Page | 15
›
not allow another person to see your PINs or password when you enter these or if they are
displayed;
›
not keep your PINs or password in a form that can be readily identified as PINs or a password;
›
not disclose your PINs or password to any other person (including persons in apparent authority,
family members or spouse);
›
not carry your PINs or password with your Physical Card(s), or store them in your mobile phone.
You must take reasonable care to ensure that your Physical Card(s), OneSmart Account, your Virtual
Card details (if applicable), your YAP Registered Mobile Phone (if applicable) and your PINs and
password are not disclosed, misused, lost or stolen. You should consider using different PINs and
passwords for different cards.
6.4
Errors and transaction disputes
You should retain all vouchers and transaction records received from Retailers and electronic
equipment. You should check all details and entries by reviewing your transaction records on a regular
basis:
›
by viewing at your OneSmart Account Centre,
›
over the phone, using your YAP Registered Mobile Phone, or
›
by calling Customer Services.
There may be fees payable for reviewing transactions using YAP Mobile Services. Please refer to the
OneSmart Website/Fees. However, please also note your obligation under section 8.2 to delete all text
messages sent to YAP Mobile Services.
You cannot stop a payment on any transaction after it has been completed.
A Retailer must issue a valid refund voucher to make a refund to you. We can only credit your OneSmart
Account with the refund when we receive the voucher from the Retailer’s bank.
If you have a transaction on your transaction record that is unauthorised (rather than what appears to
be an error or dispute with a Retailer or electronic equipment), please refer to section 9.
6.5
Steps to resolve an error or transaction dispute:
a)
You should always first communicate directly with the Retailer to resolve a dispute.
b) If it cannot be resolved, you should contact us to report it via Customer Services or through your
OneSmart Account Centre within 30 days of the transaction in question.
›
Proof of the purchase transaction and a written summary of relevant information may be
required.
›
The date appearing on your transaction record may not be the transaction date recorded by
us, as transactions may be completed and posted to your OneSmart Account on a different
day.
Page | 16
c)
›
If you wish to lodge a transaction dispute, please download a Dispute Form from the OneSmart
Website and submit it to us via email at [email protected]. Please provide as much
information about the transaction as you can. Once we have received your completed Dispute
Form, we can investigate the transaction on your behalf. We will acknowledge receipt of your
Dispute Form in writing within five business days.
›
Provided that you have complied with our reasonable request for information, we will correct
the error if it is our fault or the fault of our services providers. If on reasonable grounds we
decide it is not our fault, we will notify you in writing as soon as this decision is made.
›
Unless there are exceptional circumstances, in which case we will write to you to let you know,
we will complete our investigation of a transaction within 45 days of acknowledging the receipt
of the Dispute Form.
After contacting Customer Services and speaking to a Team Leader, if you are still not satisfied, you
should refer your complaint to BNZ Resolve, PO Box 995, Auckland, telephone 0800 788 999.
d) If you are unhappy with our BNZ Resolve investigation, you can then refer the matter to the Banking
Ombudsman, Freepost 218002, PO Box 25 327, Featherston Street, Wellington 6146, telephone
+64 4 915 0400 or call 0800 805 950.
6.6
Retailer or disputed transaction refunds or reversals
Refunds or reversals, whether directly from a Retailer or in the form of a disputed transaction that was
transacted in a Supported Currency, will be returned in that Supported Currency in the same amount
and credited to that Supported Currency Wallet on your OneSmart Account. If at the time of refund or
reversal, you no longer have the applicable Wallet and you already have the maximum number of
Wallets, we will return the equivalent amount in New Zealand dollars into your New Zealand dollar
Wallet using the OneSmart Conversion Rate as at the time of refund or reversal.
Refunds or reversals of an amount that was transacted in an Unsupported Currency will be converted
at the applicable MasterCard Conversion Rate into New Zealand dollars and returned to your New
Zealand dollar Wallet. We will also refund any currency conversion fee charged on your original
transaction, and we will not charge another currency conversion fee on the refunded amount. Note
that amounts returned for Unsupported Currencies and currency conversion fees may differ from the
amount deducted from your OneSmart Account at the time of the original transaction due to exchange
rate fluctuations.
7.
Expiry, closing and termination
7.1
Card Expiry
Once Activated, your Card(s) can be used to access your OneSmart Account until:
›
the expiry date shown on the MasterCard side of your Card(s), or
›
you ask us to close it, or
›
it is closed by us in accordance with these Terms and Conditions, whichever happens first.
Your Card(s) cannot be used at Retailers or ATMs after the expiry date.
Page | 17
On expiry of your Airpoints Card or when your Airpoints Programme tier status changes, Air New
Zealand may send you a new Airpoints Card to your last known address, in accordance with section 3.1.
You will need to Activate your new Airpoints Card before you can use it to access your OneSmart
Account at the ‘Manage Cards’ page at your OneSmart Account Centre. Upon completion of this
process, your Available Balance and your Wallets will be accessible via your new Airpoints Card, and
you will be able to use it at Retailers or ATMs. Your identity will not have to be verified again.
If, your OneSmart Account has been inactive for a period of six months after the expiry date of your
Airpoints Card and we cannot locate you using your last known address, then your Available Balance
will be held by us in accordance with applicable law. Your Available Balance will be held in New Zealand
dollars, with any Wallet amounts converted at the OneSmart Conversion Rate.
On expiry of any Secondary Card (if applicable) a new one will not be automatically reissued. You may
be able to purchase another Secondary Card at your discretion. Fees may apply.
On expiry of any Virtual Card (if applicable), a new one will not be automatically reissued. You may be
able to order another Virtual Card at your discretion. Fees may apply.
If any of your Physical Card(s) have expired, they must be promptly destroyed by you.
7.2
Closing or refunding your OneSmart Account
To access the funds in your OneSmart Account prior to closing or obtaining a refund, remember you
have the following options, you can:
›
access your Available Balance by withdrawing funds at an ATM;
›
spend the funds by transacting at a Retailer;
›
purchase Airpoints Dollars at your OneSmart Account Centre.
If you would like to close your OneSmart Account, or obtain a refund, please contact Customer Services.
An account refund handling fee will apply. Requests to close or refund your OneSmart Account will be
processed not later than one business day after your request. Any outstanding transactions, fees or
amounts owed by you to us will be deducted from your Available Balance before your OneSmart
Account is closed. Any outstanding disputed transactions will be discussed with you and paid out
separately not later than one business day after resolution, as per the same method that you have
requested your OneSmart Account refund be processed (see below).
We will pay you your Available Balance in New Zealand dollars and any applicable Wallets will be
converted using the OneSmart Conversion Rate.
Upon closure of your OneSmart Account, you may be asked to destroy or return to us or to Air New
Zealand your Physical Card(s) – any Virtual Cards will be automatically cancelled by us. If you are
requested to destroy or return your Airpoints Card, a new Airpoints Programme membership card will
be re-issued as a standard issue Airpoints Card with no prepaid payment functions available.
Your OneSmart Account refund can be processed by any of the following methods:
›
electronic credit to your New Zealand bank account the next business day;
› via cheque; or
Page | 18
›
7.3
we can arrange a cash refund from a nominated BNZ Store.
Ending or suspending this agreement
If we reasonably believe a Card, OneSmart Account, PIN, password or YAP Registered Mobile Phone is
being used in a way that may cause losses to you or us we may cancel, restrict, or withhold use of your
Card(s), OneSmart Account or YAP Mobile Services at any time, without notice.
Further to this, we may cancel or suspend the use of your OneSmart Account or terminate this
agreement with you, if:
›
we believe your OneSmart Account has been or is likely to be misused;
›
you breach any of these Terms and Conditions;
›
we suspect any illegal or unauthorised use of your OneSmart Account or Card(s);
›
you gave us, or we reasonably suspect that you have given to us, false or inaccurate information;
›
we believe that continuing to allow you to use your OneSmart Account may cause us to be in breach
of any law (including, without limitation, laws relating to anti-money laundering and countering the
financing of terrorism);
›
you are no longer an Airpoints Programme member; or
›
you no longer reside in New Zealand.
We may also close your OneSmart Account for reasons other than those listed above, by giving you at
least 30 days’ notice prior to closure.
If we end this agreement with you, you will be entitled to a repayment of any Available Balance of your
OneSmart Account in the manner set out in section 7.2.
8.
YAP Mobile Services
8.1
About YAP Mobile Services
YAP Mobile Services is an optional service, enabling the use of your YAP Registered Mobile Phone to
perform OneSmart Account-to-OneSmart Account payments, balance enquiries and OneSmart Account
communications.
YAP Mobile Services may be provided using short message service (‘SMS’ or text messages) or by other
electronic means, including software applets which you may be required to install on your YAP
Registered Mobile Phone.
Please note that text messages you use for YAP Mobile Services are no more secure than regular text
messages. While we and our affiliated partners have designed our information technology systems to
reduce the risk of fraud, there is a risk that a third party could intercept any text messages used in
conjunction with YAP Mobile Services and we give no warranty that this will not occur.
Page | 19
When using text messages for YAP Mobile Services, you should send all commands to the short code or
telephone number specified for this purpose. To check which short code or telephone number you
should send commands to for YAP Mobile Services, please visit the OneSmart Website or phone
Customer Services.
The balance provided when using the YAP Mobile Services to perform a balance enquiry may differ from
your actual Available Balance due to loads in progress, charges, fees, outstanding withdrawals and
payments. YAP Mobile Services will provide the most current Wallet balance at the time you use the
YAP Mobile Services to perform a balance enquiry.
You may choose to withdraw from YAP Mobile Services at any time by sending the appropriate
command to the designated short code or telephone number. You may subsequently re-enrol for YAP
Mobile Services at any time on your mobile phone, and these Terms and Conditions will govern any
such re-enrolment.
8.2
Using YAP Mobile Services
IF YOU USE YAP MOBILE SERVICES, WE ASK THAT YOU DELETE ALL TEXT MESSAGES SENT TO YAP MOBILE
SERVICES FROM YOUR YAP REGISTERED MOBILE PHONE’S TEXT MESSAGE ‘OUTBOX’ AND ‘SENT BOX’,
AND THAT YOU MODIFY YOUR YAP REGISTERED MOBILE PHONE’S SETTINGS SO THAT OUTGOING TEXT
MESSAGES ARE AUTOMATICALLY DELETED.
Once you have provided instructions to perform YAP Mobile Services, you will not be able to reverse
the requested transaction except in the case of an unauthorised transaction, as described in section 9.
It is your responsibility to correctly enter all information into your YAP Registered Mobile Phone when
using YAP Mobile Services, including any transactions amount(s).
We will carry out YAP Mobile Services only if they are performed in accordance with relevant security
procedures implemented by us, such as using a YAP PIN. You are also advised to lock your YAP
Registered Mobile Phone with a password or number code whenever it is not in use, so that your
personal information is not accessible by others.
8.3
Limitations on YAP Mobile Services
We will not complete any instruction you provide via YAP Mobile Services to make a payment to a
person that has not agreed to these Terms and Conditions (a ‘non-user’) unless and until such person
or entity follows the procedures required to accept the payment; these required procedures may
include agreeing to these Terms and Conditions. If the person or entity chooses not to follow the
required procedures, the payment will be returned to you by us.
Third parties have the right to refuse attempted payments from you if you choose to use the YAP Mobile
Services to pay them. If you remit a payment and the recipient refuses to accept it, the payment shall
either be refunded by us or not be deducted by us from your Available Balance.
If a YAP Mobile Services payment takes the recipient’s OneSmart Account over their maximum account
limit, the payment will be returned to you by us, and vice versa, if you receive a payment that takes
your OneSmart Account over its maximum account balance, then the payment will be returned to the
recipient.
Page | 20
9.
Unauthorised transactions
If you believe that any of your Cards, any YAP Registered Mobile Phone, your virtual card details OR
YOUR PINs OR PASSWORD have been lost, stolen or compromised, or that someone has transferred or
may transfer funds FROM YOUR ONESMART ACCOUNT without your permission, contact Customer
Services immediately.
Remember that if you have registered with YAP Mobile Services, your YAP Registered Mobile Phone is
a form of access to your OneSmart Account, and therefore if it is lost or stolen, this too must be reported
to us, and your YAP Mobile Services can be suspended from your YAP Registered Mobile Phone number.
9.1
Unauthorised use, loss or theft
You must promptly notify us via Customer Services if:
›
Your OneSmart Account is misused;
›
Any of your Physical Cards are lost or stolen;
›
Any of your Physical Cards are damaged or not working properly;
›
Any of your Physical Cards are retained by an ATM, by reporting it as a lost card;
›
The security of your Virtual Card details are compromised in any way or used without your
authorisation;
›
The security of your PINs or password are compromised in any way;
›
You are enrolled in YAP Mobile Services, and your YAP Registered Mobile Phone is lost, stolen, or
used without your authorisation; or
›
There is reason to believe any of the above might occur or might have occurred.
If there is a delay in you giving us this notification, you may be responsible for some of the losses
occurring as a result of the delay, and the transactions performed with your OneSmart Account may
stand, resulting in the Available Balance being reduced accordingly.
The notification must be made by phone to Customer Services.
The notification must then be confirmed in writing by email to [email protected] or mailed to:
OneSmart
FreePost 238557
PO Box 17265
Greenlane
Auckland 1546
ATTN: Risk Leader
Page | 21
You may request a replacement for your Airpoints Card if it is lost or stolen, but we reserve the right, in
our sole discretion, to decide whether to issue a replacement Airpoints Card with OneSmart technology.
Depending on our decision, Air New Zealand will then:
e)
send you a replacement Airpoints Card with no prepaid payment functions available. Any
remaining Available Balance on your OneSmart Account will be paid out to you at your option, and
your OneSmart Account will be closed, as per section 7.2, or
f)
send you a replacement Airpoints Card with OneSmart technology. You may still use any applicable
Secondary or Virtual Card that you have to access your OneSmart Account during this time. Any
transactions (including unauthorised transactions for which you are liable under these Terms and
Conditions) or other amounts that we are entitled to deduct from the Available Balance, together
with the fee relating to the replacement Airpoints Card will be deducted from your OneSmart
Account.
You may request a replacement for your Secondary Card if it is lost or stolen, but we reserve the right,
in our sole discretion, to decide whether to issue a replacement Secondary Card. Fees may apply.
9.2
Your liability for unauthorised transactions
Once you have notified us that any of your Cards or your YAP Registered Mobile Phone has been lost or
stolen, or your Virtual Card details, PINs or password may have been disclosed to someone else, you
will not be liable after that time for any transactions by someone else accessing your OneSmart Account.
You will not be liable for any loss before notifying us unless you have:
›
unreasonably delayed notifying us;
›
selected an unsuitable password or PINs such as the examples referred to in section 3.5 ;
›
written your PINs on your Physical Card(s) or kept a written record of your PINs or password with or
near your Physical Card(s) or recorded in your mobile phone;
›
kept your PINs or password in a form that can readily be identified as a PIN or password;
›
disclosed your password or PINs to someone else or failed to take reasonable care to prevent others
from identifying your password or PINs, when for example, keying in your PINs;
›
disclosed your Virtual Card details to someone else or failed to take reasonable care to prevent
disclosure of your Virtual Card details;
›
allowed someone else to use your Card(s) or to access your OneSmart Account;
›
failed to reasonably safeguard your Physical Card(s) or any of your Card details;
›
contributed to or caused losses from unauthorised transactions as a result of your actions; or
›
otherwise failed to comply with these Terms and Conditions.
If any of the above events apply, you will be liable for all transactions before you notified us, or for any
loss which could otherwise have been prevented up to the amount you yourself would have been able
Page | 22
to access during the time before you notified us of the loss or theft of your Physical Card(s), loss or theft
of your YAP Registered Mobile Phone, or the disclosure of any of your Card details, PINs or password.
The limits on your liability set out above do not apply where you have acted negligently or fraudulently,
either alone or together with any other persons.
You will be liable for all loss, including any consequential loss suffered by third parties, if you act
fraudulently, either alone or together with any other persons. You may be liable for some or all losses
arising from any unauthorised access, whether occurring before or after notification, if you have caused
or contributed to that loss; for example, by failing to comply with these Terms and Conditions.
You are not responsible for:
›
any negligent or fraudulent conduct by any staff or agents of us or Air New Zealand, or any parties
involved in the provision of electronic banking services;
›
any incorrect charges against your Available Balance when the machinery used or system involved
in a transaction is not working properly, unless you persist in using your OneSmart Account when
advised by a message or notice on display that the machinery or system is not functioning properly;
or
›
any unauthorised transaction occurring either before you opened the OneSmart Account or when it
is clear that you could not have contributed to any loss you may have suffered.
We are not responsible for:
›
refusal by a MasterCard member to allow a cash withdrawal at their ATMs;
›
any dispute between you and a Retailer;
›
the actions of any Retailer;
›
any action taken against you in connection with the fraudulent use of your OneSmart Account; or
›
Provided we have complied with our duty to act with reasonable care and skill and our other
obligations under the Consumer Guarantees Act, we:
›
will not be liable for any claim that arises from acting reasonably in accordance with your
instructions;
›
will not be liable for any loss suffered by you or any third party due to matters outside our or Air
New Zealand’s control (including, without limitation, non-delivery of mail, machine failure, system
failure, strikes, failure of an ATM or communication linkage failure resulting in you being unable to
use your Card(s) or OneSmart Account);
›
accept no liability for any delay in transferring funds to or from your OneSmart Account;
›
will not be liable for any action taken by us or Air New Zealand, where any of your Card(s) have been
reported lost or stolen, or your Virtual Card (if applicable) details may have been disclosed or
obtained by someone else, which results in a Retailer refusing a transaction because he or she
suspects that you do not own your Card(s) or OneSmart Account;
Page | 23
›
will not be liable for any losses which arise where you have acted negligently or have acted
fraudulently, either alone or together with any other person(s); and
›
will not be liable for either refusing to act on contradictory instructions given in respect of your
OneSmart Account or for acting on any one only of such contradictory instructions.
10.
Privacy and information collection
10.1
Information about you:
Information about you which, at any time, you provide:
›
to us or is collected by us or any related company (as defined in section 2(3) of the Companies Act
1993 as if “company” includes a company or other body corporate incorporated in New Zealand or
any other jurisdiction) of us (each, a “BNZ Company”) in relation to your Airpoints Card and
OneSmart Account;
›
in connection with your Airpoints Card and your OneSmart Account to Air New Zealand, any provider
of telephone call services, any third party in order to identify you, MasterCard, or any insurance
underwriters or insurance agents used in relation to your OneSmart Account (collectively, the
“Parties”);
may be stored, used or disclosed in accordance with this section 10. Each BNZ Company and the Parties
may rely on this section 10 for the purposes of the Contracts (Privity) Act 1982.
10.2
Storage of information:
Information about you may be stored physically or electronically, including in offshore facilities, by any
BNZ Company, Air New Zealand or any third party (who is subject to an obligation of confidentiality in
relation to that information) contracted to store it. Each BNZ Company and Air New Zealand will ensure
that any information held about you is protected securely as required by the Privacy Act 1993 and any
other applicable laws. No BNZ Company or Air New Zealand will disclose information about you to any
person, except in connection with a purpose described below, or as authorised by you or as required or
authorised by law.
10.3
Use and disclosure of information:
Information about you will be used primarily for administering your OneSmart Account and the
Available Balance. Information about you may also be disclosed to Air New Zealand for the purpose of
administering the Airpoints Programme, crediting you with Airpoints Dollars and/or providing you with
Airpoints Programme rewards and benefits, improving services and or benefits offered, identifying and
presenting offers from Air New Zealand or its partners that maybe of interest to you, carrying out
aggregated statistical data analysis on Air New Zealand’s or its partners’ behalf and/or such other use
as you expressly authorise.
Information (including, for example, OneSmart Account transaction information) may also be used and
disclosed to further the relationship between you and any BNZ Company, the Parties (including Air New
Zealand), or a third party, and for marketing purposes. This includes, without limitation, communicating
with you via email, text message, an on-line facility (without an unsubscribe facility), telephone or post
about any products, services or promotions offered or distributed by Air New Zealand.
Page | 24
Information may be disclosed to another BNZ Company or a third party in connection with any of these
purposes provided the recipient of the information is subject to an obligation of confidentiality in
relation to that information.
The collection of certain information from you is required by the Anti-Money Laundering and
Countering Financing of Terrorism Act 2009. In certain circumstances information may be released by
the Parties to third parties in accordance with that Act.
10.4
Legal and regulatory compliance:
You agree that BNZ, and any other BNZ Company, can collect information from you, and use that
information, to help any BNZ Company comply with any laws, rules or regulations in New Zealand or
overseas. You agree to supply any information requested by any BNZ Company to help BNZ, or any
other BNZ Company, comply with any such laws, rules or regulations in New Zealand or overseas.
You also agree that any BNZ Company can share any information about you and your accounts with any
government body or agency in New Zealand or overseas (including any tax authorities) to help the BNZ
Company comply with any laws, rules or regulations in New Zealand or overseas.
10.5
Access and correction:
Pursuant to the Privacy Act 1993 and other applicable laws, if you are an individual, you have rights to
see and request correction of personal information about you held by a BNZ Company or the Parties.
10.6
Recording of telephone calls:
Your telephone calls with Customer Services in relation to your OneSmart Account may be recorded by
us or a third party providing telephone call services in relation to your OneSmart Account.
11.
Other important information
11.1
Communications
Subject to section 10 you agree that we (or our agents) may give written notices or other
communications to you under or in connection with these Terms and Conditions either:
›
by writing to you at your residential or postal address last known to us;
›
by giving it to you personally or leaving it at your residential or postal address last known to us;
›
by electronic communication to your email address, fax number, or YAP Registered Mobile Phone
(if you have registered to use such services) last known to us or which you last gave us for sending
notices and communications to you; or
›
if the notice or communication is not personal to you – by advertisement in the public notices
columns of major newspapers in New Zealand.
If a notice or other communication is given to you by electronic communication, the content of the
electronic notice or communication may be:
›
set out in the body of the email or text message;
› included as an electronic document attached to the email; or
Page | 25
›
made available at your OneSmart Account Centre for retrieval by you (with the email or text
message advising you of this and of the general nature of the information, and giving you the ability
to readily retrieve the information electronically).
If a notice or other communication is given to you:
›
in writing – you are taken to have received it when it would be delivered in the ordinary course of
the post;
›
by giving it to you personally or leaving it for you – you are taken to have received it on the day of
delivery; or
›
electronically – you are taken to have received it on the day it is transmitted.
We and our agents may redirect and/or delay acting on any instructions given where we consider that
we have good reason to do so.
In addition to the ways set out in these Terms and Conditions, we (and our agents) may give you a
notice or other communication by using any method allowed or required by a law. If a law requires us
(or our agents) to use a particular method, such method will be used.
You agree that, for the purpose of communications originated from or received by Customer Services
or through your OneSmart Account Centre, and for the purpose of electronic communications received
by Customer Services or through your OneSmart Account Centre, Customer Services or the operator
may:
11.2
›
verify your identity by reference to any or all of the information given by you or us (or our agents)
during opening or at any other time, or any changes made to this information; and
›
proceed on the basis that we or they are dealing with you if satisfied by that verification.
Insurance products
We may from time to time make insurance products available to you. You will be advised of the
conditions that apply to those products.
11.3
Change of personal details
We rely on having accurate information about your personal details. If you change these details (for
example your address or your email address), you must notify us promptly by logging onto your Air New
Zealand account or by calling Customer Services.
You should also contact Customer Services if you change your name.
We will not be responsible if you do not receive any notice or correspondence that has been sent in
accordance with the contact details you have provided.
11.4
Changes to these Terms and Conditions
We may amend these Terms and Conditions, including any fees and charges associated with the use of
your OneSmart Account, from time to time by giving you at least 14 days’ written notice by
advertisement in the public notices columns of major newspapers in New Zealand, by email to your last
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known email address, or by mail to your last known mailing address. We may also publish any changes
at your OneSmart Account Centre.
12.
Governing law
Any legal questions concerning these Terms and Conditions, the agreement between you and us (which
is governed by these Terms and Conditions) or the OneSmart Account will be decided by the courts, and
under the laws, of New Zealand.
Last Updated: 15 March 2016
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