These Terms and Conditions are a contract between you and BNZ. They apply to the use of your Card, including where it is used to access your 24 Hour Banking Accounts. However, our standard terms and conditions for operating a 24 Hour Banking Account and our Eftpos Card terms and conditions (formerly called 24 Hour Banking Card Terms and Conditions) will continue to apply to the operation of any 24 Hour Banking Account.
When you sign or first use your Card you agree to these terms and conditions as changed by us from time to time. However, if you are transferring your outstanding balance and/or unstatemented transactions from an existing BNZ credit card account to your new Credit Card Account, and are closing that existing account, these terms and conditions (as amended from time to time) are effective from the closing date of your existing credit card’s final statement (subject to any third party terms and conditions or policies).
You should read these Terms and Conditions carefully as they place certain requirements and liabilities on you.
The operation of your Card Accounts and these Terms and Conditions may be affected by over-riding laws of general application.
The Consumer Guarantees Act 1993 overrides the provisions of these Terms and Conditions and you are entitled to the benefit of the guarantees as to service set out in the Consumer Guarantees Act 1993. However, if you acquire, or hold yourself out as acquiring accounts, facilities or other services from us for the purposes of a business, then the Consumer Guarantees Act 1993 will not apply to the accounts, facilities or other services provided.
The words “we”, “our” and “us” mean BNZ and the words “you” and “your” mean, as the context requires, the Account Owner and/ or person named on the Card or both. Headings in these Terms and Conditions do not affect interpretation. Other defined terms are:
“24 Hour Banking” means BNZ’s 24 Hour Telephone and Internet Banking service.
“24 Hour Banking Account(s)” means the BNZ accounts that are linked to and accessed using a Card (excluding Credit Card Accounts).
“Account Number” means the 16-digit number embossed on the face of your Card.
“Account Owner” means the person or persons who apply for and open a Credit Card Account, but does not include any additional cardholder.
“ATM” means an automatic teller machine.
“Balance Transfer” is where you transfer the outstanding balance of your credit card issued by another bank or financial institution to your Fly Buys Visa Credit Card Account.
“Bill Payment” means your use of a Card to pay amounts that you owe to third parties for goods or services.
“BNZ” means Bank of New Zealand.
“Card” means your Fly Buys Visa Card issued by BNZ that has access to the Visa service and your Credit Card Accounts, and may be used to access your 24 Hour Banking Accounts.
“Card Accounts” means your Credit Card Accounts and your 24 Hour Banking Accounts.
“Cash Advance” means a cash withdrawal or transfer made using your Credit Card Account and includes, without limitation, transfers to other BNZ credit card accounts, ATM, electronic and over the counter cash withdrawals or transfers, purchases of travellers cheques and/or currency and certain Bill Payments from your Credit Card Account using 24 Hour Banking (including Bill Payments made to self-selected payees or pre-selected bill payees as determined by us at our discretion).
“Code of Banking Practice” means the Code of Banking Practice issued by the New Zealand Bankers’ Association dated July 2007, and any subsequent update of the Code.
“Conversion Rate” means the exchange rate selected by Visa from within a range of wholesale exchange rates available or, if applicable, the government mandated rate. In either case the exchange rate will be selected on the date that Visa processes the Foreign Currency Transaction (and not necessarily the date that you enter into the Foreign Currency Transaction).
“Credit Card Account” means the BNZ accounts that are accessed using a Card (excluding 24 Hour Banking Accounts).
“EFTPOS” means Electronic Funds Transfer at Point Of Sale whereby funds are debited from your nominated Card Account at the point of sale to pay for goods or services or where funds are withdrawn at your request.
“Foreign Currency Transaction” means a Transaction made with your Card from one of your Card Accounts that is made in a currency other than New Zealand dollars.
“Last Date for Payment” means the date, appearing on your Credit Card Account statement, by when you must pay at least the “current minimum payment due” or the “total minimum payment due” (as applicable).
“Merchant” means a retailer or any other person, firm or company who or which is bound by a Visa or EFTPOS merchant agreement with us or any other acquiring organisation.
“PIN” means your confidential personal identification number, which, when used with your Card will enable you to access your Card Accounts.
“Visa Member” means any organisation affiliated to Visa International Service Association and displaying the Visa trademark.
You must sign your Card immediately upon receipt. Your Card must not be used if you have not signed it. Do not send your Card overseas, or have any other person send your Card to you while you are overseas. To have your Card forwarded to another country, please contact us.
You must not allow others to use your Card, your Account Number or your PIN. Remember to retrieve your Card after you use it. You must notify us immediately if:
If your Card is lost or stolen overseas, you may notify us or any Visa Member. Your liability when your card is lost or stolen is set out in clause 9.3.
If your Card is lost or stolen, damaged or faulty, we may issue a replacement Card which will operate on your Card Accounts. Our usual replacement fee may be charged.
Your Card and Account Number are our property and may be retained by us. They may not be copied or reproduced. You agree to return or destroy your Card when we ask you, or if you close the Card Accounts to which it relates. In certain circumstances a Merchant may also be required to retain your Card and you agree to deliver the Card, to the Merchant in such circumstances upon request.
You agree to pay us the full amount payable in respect of all Transactions. Once a Transaction is completed it cannot be stopped in the same way as a cheque. If you think a mistake has been made refer to clause 12 of these Terms and Conditions. In certain circumstances if you do not receive goods or services you have ordered using your Card, or by reference to your Account Number, then you may be able to obtain a credit for the Transaction. If you think this has happened, you should contact us.
If your Card contains a chip, you will need to use your existing PIN, obtain a PIN, or contact us, to activate your Card.
If your Card does not contain a chip, you may obtain a PIN. You will need a PIN if you wish to use your Card for ATM Transactions. You may need a PIN if you wish to use your Card for EFTPOS and/or teller Transactions.
2.6.3 To obtain a PIN, call in to any of our stores where you may choose your own PIN. You will need to take some form of suitable identification such as a New Zealand driver’s licence or passport. If you are planning to use your Card overseas, you must obtain a PIN at one of our stores before you go. Your selected PIN must be one designed to reduce the chance of anybody guessing the numbers you choose. You must avoid unsuitable PINs such as:
You are responsible for keeping your PIN secure. In particular you must:
In New Zealand, limits on the amount of cash you can withdraw in any 24 hour period will vary according to the ATM, up to a maximum of $2,000. This maximum may change from time to time at our discretion. Higher limits do exist on withdrawals made while overseas and may go as high as your credit limit. These Transaction limits shall not affect your obligation to pay immediately any amount debited to your Credit Card Account in excess of your credit limit. Limits will apply regardless of whether your Card Account has a debit or credit balance.
When you use your Card to make purchases for goods and services by mail, telephone or remote means (such as internet and e-mail), you are giving authority to the Merchant to debit the purchase amount to your Credit Card Account. You must still pay the amount of the Transaction although you will not necessarily have signed a sales voucher. There are risks involved in providing your Card details and authorising Transactions before you receive the goods or services. Before doing so you should consider the security and standing of the relevant Merchant. You may not, under any circumstances, attempt to make a mail, telephone or remote purchase for goods or services if your Card has been cancelled, suspended, lost or stolen, or you have requested closure of your Credit Card Account. Information on when we may act or decline to act on your facsimile, telephone, e-mail and other electronic instructions is set out in clause 10.3.
Your credit limit is the maximum amount which, provided you make the “current minimum payment due” or the “total minimum payment due” (as applicable) by the Last Date for Payment, you may allow to remain outstanding on your Credit Card Account. Your credit limit will be set by us to what we consider is an appropriate limit and we may change it from time to time. If your Credit Card Account is not operated to our satisfaction we may decrease your credit limit. We will advise you in writing if we change your credit limit. Notwithstanding the foregoing, we may, at our discretion, allow Transactions to your Credit Card Account which exceed your credit limit. If your credit limit is exceeded, you must pay the excess amount to us immediately.
If you are an Account Owner you can apply to increase your credit limit at any time by:
If you are the Account Owner you may apply to decrease your credit limit by contacting us, although certain types of Cards are subject to minimum limits set by Visa.
We may at any time impose a permanent or temporary limit on the number, types and/or amounts of Transactions we authorise on your Credit Card Account at selected Merchants as determined by us from time to time. These limitations will apply regardless of whether your Card Account has a debit or credit balance.
You may get a Cash Advance in New Zealand or overseas by using your Fly Buys Visa Card at an ATM displaying the Visa logo and/ or PLUS symbol. Alternatively, you may present your Card at any of our stores. Or you could present your Card to any Visa Member bank that displays the Visa logo. The Visa Member may set a minimum or maximum on the amount available to you. A Cash Advance incurs interest from the day it is made until it has been paid in full. Any credit balance in your Credit Card Account will be immediately applied by us to payment of the associated Cash Advance fee and the Cash Advance respectively. Overseas financial institutions may also charge fees.
You can use your Card to make purchases, obtain Cash Advances and receive funds in foreign currencies. All Foreign Currency Transactions made with your Card will either first be converted into US dollars and then into New Zealand dollars or converted directly from the currency in which the Foreign Currency Transaction was made into New Zealand dollars, at the applicable Conversion Rate.
We add a foreign currency service fee calculated as a percentage of the New Zealand dollar value of each foreign currency purchase, Cash Advance or cash withdrawal.
If a Merchant performs a purchase return or reversal we refund you the foreign currency service fee charged on the original purchase and do not deduct a foreign currency service fee from the converted New Zealand dollar amount of the purchase return or reversal. Due to exchange rate fluctuations between the time of the original purchase and the purchase refund or reversal:
We are not responsible for any loss or damage you may suffer if, because of occurrences beyond our control, you cannot use your Card overseas. This could include ATM or communications line failure. The foreign currency service fee is subject to change. For details about this and other interest, fees and charges associated with use of your Card, see our “Current Charges” flyer or visit bnz.co.nz and click through to the Rates and Fees page
Some overseas Merchants may have the ability to provide you with dynamic currency conversion. Dynamic currency conversion gives you the option of paying for goods or services sold by an overseas Merchant in New Zealand dollars at the point of sale, rather than in the currency of the country in which the Merchant is domiciled. It is provided to you by the Merchant as an optional service and any applicable merchant terms and conditions and/or international card scheme rules relating to dynamic currency conversion apply, which will, amongst other matters, require the Merchant to give you the option of either using dynamic currency conversion or paying in the currency of the country in which the Merchant is domiciled. If you decide to purchase goods or services using dynamic currency conversion at an overseas Merchant and pay for your goods or services in New Zealand dollars, the rate of exchange and any fee for the dynamic currency conversion service is charged by the Merchant and payable by you at the point of sale. We do not charge you a foreign currency service fee under clause 6.9 if the conversion currency at the point of sale for a purchase is New Zealand dollars. However, if the conversion currency is not New Zealand dollars the Bank will charge you a foreign currency service fee in accordance with clause 6.9 in addition to the fee the Merchant charges you.
You may use your Card to effect Bill Payments.
Bill Payments will only be paid if there are sufficient funds in your Credit Card Account at the time the payment is processed. For Bill Payments that are programmed in advance, if there are insufficient funds on the business day the payment is processed, the payment will be cancelled one business day after that day and a fee may be charged. Bill Payments made from your Credit Card Account before 8.00pm will be debited on your Credit Card Account the next business day and payments made after 8.00pm will be debited on your Credit Card Account two (2) business days later.
From time to time we may set a maximum amount that you can pay from your Credit Card Account in respect of a single Bill Payment. Should you exceed this maximum amount, we cannot guarantee processing of the payment or accept liability for fees or interest charged by us or any other party. You may check the maximum amount for a Bill Payment by contacting us in accordance with clause 16.
Pre-selected bill payees may have pre-arranged with us to accept Card payments. We may elect to treat such Bill Payments as either a purchase or Cash Advance. Bill Payments treated as purchases may receive Fly Buys Points and an interest free period (if applicable). Bill Payments treated as a Cash Advance will attract a Cash Advance fee, and interest will apply immediately if your Credit Card Account is in debit and they do not collect Fly Buys Points.
If your pre-selected bill payee does not accept Card payments you may be required to select another Card Account to make the payment from or arrange to set up a self-selected bill payee.
Bill Payments from self-selected bill payees are treated as Cash Advances. They will attract a Cash Advance fee and interest will apply immediately until the Cash Advance is paid in full. Self-selected bill payee payments do not collect Fly Buys Points.
Using your Card you can access your Credit Card Account and the 24 Hour Banking Accounts nominated for that purpose.
A record of Transactions will appear on your statements provided by us for your Credit Card Account. Your statements should be kept in a safe place so that you can refer to them if needed, as a charge may be payable for replacements.
Interest at rates set by us may be paid on credit balances in your Credit Card Account although this may not be available on all accounts. You will be advised of changes to the interest rate by advertisements in the public notices column of major newspapers or by disclosure on your statement.
If we decide to pay credit interest on your Credit Card Account it will be calculated on the daily balance, net of any transactions and bank charges, and paid into your account monthly in arrears.
Any applicable current annual credit interest rate will be shown on your statement. We may set a minimum credit balance on which interest is payable.
If you are an Account Owner (excluding any Account Owner of a joint Credit Card Account) we may, at our discretion, issue an additional Card to a person you nominate. When that person receives and signs his or her Card, it can be used on your Credit Card Account. As the Account Owner, you will be liable for all Transactions arising from the use of the additional Card as if they were your own. The additional cardholder will have no liability to us for making any payments. You may cancel the additional Card by writing to us and ensuring the cancelled Card has been destroyed. You will, however, continue to be liable for all Transactions up to the date the Card was destroyed together with any other Transactions authorised by your nominated cardholder.
We may from time to time require proof, to our satisfaction, of your identity or the identity of any person authorised to operate your Credit Card Account.
Subject to conditions notified by us from time to time, we may at our discretion allow you to give instructions in respect of your Credit Card Account by telephone, facsimile, email, text, card or computer, or by any other written, electronically communicated or verbal method acceptable to us (each a “facility”). We may require you to provide a written indemnity before making any such facility available to you. Except as otherwise required by law, we may allow the operation of a Credit Card Account of a deceased person if authority was given by this person prior to his or her death.
Your Credit Card Account may be operated by deposits, withdrawals, transfers, direct credits, direct debits, automatic payments or any other type of payment authority acceptable to us.
You authorise us to act in accordance with your instructions relating to your Credit Card Account. You acknowledge that we may decline to so act where we consider we have good reason to do so. In particular, we will not be obliged to act in accordance with your instructions where to do so would result in your credit limit being exceeded.
If your Account Number changes or you change from one type of account with us to another, we may redirect to your new account Transactions that would have been credited or debited to your old account, unless you specify otherwise. We will not, however, be liable to you if we do not redirect any Transactions when we could have under this clause.
You authorise us, at any time and without notice, to combine any credit balance of one of your BNZ accounts with the balance of another of your BNZ accounts, so as to treat them as a single balance, and there will be no implied agreement to the contrary. If you owe any money to us that is due but unpaid, whether it is owed alone or with others, you authorise us, without prior notice, to apply any credit balance in any of your BNZ accounts, or any other amount we owe to you, towards that unpaid amount. For this purpose, you authorise us to transfer funds from one BNZ account to another (including any joint account that you can operate individually), to use funds in one currency to buy another currency and to break any term deposit. We may do this without prior notice, in the order, and as often, as we determine.
You authorise us to record any telephone calls between you and us, and to retain such recordings.
Unless you instruct us otherwise in writing, you acknowledge that you are solely entitled to any credit balance in your Credit Card Account, that it belongs to you and does not belong to any other person, and that no other person has any legal or beneficial interest in it. For avoidance of doubt, this clause 5.8 does not affect our rights of set off and contribution set out in clause 5.6.
Forms encoded by us with a Credit Card Account number must not be used to access or operate any other BNZ account. Where you would be entitled to the return of any form, we may, at our discretion, provide you with a copy of the actual form.
We may determine the order of priority of your Credit Card Account Transactions.
If we receive or hold any property, items or documents for you for any purpose we may, at our discretion, exercise a lien over the property, item or document as security for any amount you owe to us (whether alone or with any other persons) under your Credit Card Account.
You may not assign, mortgage, charge or declare a trust of any rights to your Credit Card Account, including any credit balances, except with our prior written consent.
Fees may be debited to your Credit Card Account for establishing and/or maintaining it.
A fee may apply. This fee will normally be debited to your Credit Card Account at the same time as the account fee referred to in clause 6.1.
If your Card is replaced because it is damaged, lost or stolen, we may debit a Card replacement fee to your Credit Card Account.
If you make a Cash Advance we may debit a Cash Advance fee to your Credit Card Account.
If you request us to transfer the balance of another BNZ Card to your Credit Card Account, we may debit a manual payment processing fee to your Credit Card Account and may charge a Cash Advance fee to the account of your other BNZ card.
If the “current minimum payment due” or the “total minimum payment due” (as applicable) is not received by the Last Date for Payment, we may debit a late payment fee to your Credit Card Account.
If you undertake a Transaction in excess of your credit limit we may debit an over limit fee to your Credit Card Account.
Should any payment (including third party payments) be subsequently dishonoured, we may debit a dishonour fee to your Credit Card Account.
A foreign currency service fee will be debited to your Card Account each time you use your Card Account for foreign currency purchases, Cash Advances or cash withdrawals. If a Merchant performs a purchase return or reversal the foreign currency service fee charged on the original purchase (subject to exchange rate fluctuations between the time of the purchase and purchase return or reversal) will be refunded. The foreign currency service fee is calculated as a percentage of the New Zealand dollar value of each foreign currency purchase, Cash Advance or cash withdrawal. The converted amount of your Foreign Currency Transaction and the foreign currency service fee (where applicable) are both included in the New Zealand dollar amount and in the rate of exchange shown on your statement for each Foreign Currency Transaction.
A voucher copy fee may be charged if you require a copy of an authorised Transaction on your Credit Card Account.
You agree to pay the above and any other fees and/or charges determined by us or imposed by government regulation, and further agree that such fees may be debited to your Credit Card Account. Current fees are outlined in our ‘Current Charges’ for your Card, which is available upon request. These fees and charges may be changed from time to time by us. We will keep you advised of fees and charges in accordance with the Code of Banking Practice.
Interest will be charged on your Credit Card Account in the circumstances set out in this section 7.
You will be charged interest on a Cash Advance (including any applicable Cash Advance fee or foreign currency service fee) or a Balance Transfer (as the case may be) from the date the Cash Advance or Balance Transfer is made until the Cash Advance or Balance Transfer (including any applicable Cash Advance fee or foreign currency service fee) is repaid in full to us. Interest charged on a Cash Advance or Balance Transfer (as the case may be) will also incur interest from the date the interest is originally debited until it is paid in full.
Interest on Transactions other than Cash Advances or Balance Transfers Credit Card Accounts with an interest free period:
If you always pay the full amount of the “current balance” shown on your statement by the Last Date for Payment, interest will not be charged on Transactions (including fees and charges on those Transactions), other than on Cash Advances and Balance Transfers as set out in clause 7.2.
Regardless of whether you pay the “current minimum payment due” or the “total minimum payment due” (as applicable) in accordance with clause 8.1, if you pay less than the full amount of the “current balance” shown on your statement by the Last Date for Payment, interest will be calculated and charged in the following two ways:
Interest will be charged to your Credit Card Account on the closing date of this next statement.
When you next pay the new “current balance” in full on a subsequent statement by the Last Date for Payment, you will not pay interest after the closing date of this statement on the current balance or Transactions debited after the closing date of this statement, except for:
If your Credit Card Account has no interest free period, interest will be charged from the date the Transaction (including any applicable foreign currency service fee or Cash Advance fee) is made or the fee (excluding foreign currency service fees or Cash Advance fees), charge or interest is debited, until paid in full.
The current annual debit interest rates, and any interest rate structures, specials or promotions (if applicable) are shown on each statement. We set these interest rates and we may change them at any time. Notice of these changes will be displayed in our stores, advertised in the public notices column of major daily newspapers, and posted on our website. The new rates and other changes will then be disclosed on the statement recording your next Transaction to which the new rate applies.
The “current minimum payment due” is recorded on your statement and is the minimum payment you must pay by the Last Date for Payment unless your statement records a “total minimum payment due” in which case this is the minimum payment you must pay us by the Last Date for Payment. If there is a “total minimum payment due” showing on your current statement, this comprises any “current minimum payment due” plus, if applicable, an amount overdue from a previous statement and/or an amount by which you have exceeded your credit limit. We will advise you on your statement of the “current minimum payment due” and if applicable the “total minimum payment due”, however you may elect to pay more than the “total minimum payment due” if you wish.
If there is an “over limit amount due now” showing on your current statement, you have exceeded your credit limit and must pay this amount immediately. If you have made any more purchases, which are not shown on your current statement, you must also pay these amounts immediately. If there is an “overdue amount due now” showing on your current statement, you may not have paid the “total minimum payment due” or the “current minimum payment due” or both as shown on the previous statement and you must pay this immediately.
A Credit Card Account balance may be altered by reversal of any unpaid cheque or other non-cash payment included in a deposit.
For the purposes of calculating interest, your payment will be credited to your Credit Card Account as at the date we receive it. Standard processing times mean that a payment may not appear on our records in time for it to be taken into account when deciding whether to approve a Transaction. Generally your payment must be received by us two business days prior to your statement closing date if it is to appear on your current statement.
We are not obliged to act on or verify compliance with an instruction to apply a payment for a specific purpose or subject to any condition and we will not be responsible for applying a payment contrary to any instruction. The way your payments to your Credit Card Account are applied will be determined by us at our discretion. However, generally they will be applied in the order set out below:
You may have a direct debit facility where we will debit a New Zealand bank account for either your full statement Closing Balance or the “current minimum payment due” or the “total minimum payment due” (as applicable) on the Due Date detailed on your statement. You will need to complete a Direct Debit authority form that can be downloaded from flybuysvisa.co.nz. Alternatively call us on 0800 653 433 and request a form by post.
Once your direct debit is set up, you will receive a statement with a message on the remittance advice stating: “Unless advice to the contrary is received from you by dd/mm/yy (date), the amount of $(dollar amount) will be directly debited from your bank account on dd/mm/yy.” Until this time you should continue to pay your account in the normal manner. If you make a separate manual payment, your direct debit payment will still equal the amount detailed on your statement unless you contact us to amend the direct debit amount by the notice date detailed on your statement.
If you do not pay your Credit Card Account:
Once you have notified us that your Card has been lost or stolen, or your PIN may have been disclosed to someone else, you will not be liable after that time for any Transactions by someone else using your Card.
Your liability for any loss before notifying us will be nil unless you have:
If any of the events in clause 9.3 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 to access during the time before you notified us of the loss or theft of your Card, or the disclosure of your PIN. If these Transactions cause your credit limit to be exceeded, you will be liable to pay the excess amount without delay.
The limits on your liability set out in clauses 9.3 and 9.4 do not apply where you have acted negligently or fraudulently, either alone or together with any other person.
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 person. You may be liable for some or all loss arising from any unauthorised access, whether occurring before or after notification, if you have caused or contributed to that loss, for example, failing to comply with these Terms and Conditions.
You are not responsible for:
Any money owing by you in respect of your Credit Card Account is secured by any present or future securities given by you (whether in conjunction with any other person(s) or not) to us.
We are not responsible for:
Provided we have complied with our duty to act with reasonable care and skill and our other obligations under the Consumer Guarantees Act 1993, we:
Subject to complying with our duty to exercise reasonable care and skill and other obligations under the Consumer Guarantees Act 1993, but otherwise irrespective of anything else stated in these Terms and Conditions, we:
Where we act upon a facsimile, telephone, email or other electronic instruction from you regarding your Credit Card Account, and that instruction appears to our reasonable satisfaction to have been made in accordance with authorities held by us, to the extent permitted at law you indemnify us against all losses, claims and expenses, that we may incur by reason of acting upon the instruction. Without further authority or enquiry we may debit your Credit Card Account with all such claims and expenses, whether or not your Credit Card Account may exceed its credit limit as a result. As a result, interest may be charged as explained in clause 7 of these Terms and Conditions.
We will provide our services in relation to your Credit Card Account with reasonable care and skill.
We will comply with the Code of Banking Practice as it applies to these Terms and Conditions.
We may at any time suspend operation of your Credit Card Account (including, but not limited to, limiting or suspending the number, types and/or amounts of Transactions we authorise on your Credit Card Account) or close any Credit Card Account. We may at any time cancel your right to use your Card. As soon as your Credit Card Account is closed or your Card is cancelled you must destroy all Cards issued on your Credit Card Account by cutting them (including any chip on the Cards) in half. If your Credit Card Account is cancelled, you must then immediately pay the entire balance of your Card Accounts that we have specified.
If you are an Account Owner you can apply to cancel your Card and close your Credit Card Accounts by:
If a Credit Card Account is closed and/or your Card is cancelled, whether by us or you, you will still be liable for:
The entire debit balance of your Credit Card Account becomes immediately due and payable in the event of your death or if you become bankrupt or insolvent.
When your Credit Card Account is closed, Fly Buys Points will not be collected on purchases made since your most recent Credit Card Account statement.
You must notify us in writing within 60 days of the closing date of the relevant statement if you think that:
If you think an error or mistake has been made you need to tell us:
We will acknowledge receipt of your enquiry and advise you of the expected time that it will take to obtain the necessary information.
We will correct your Credit Card Accounts if we are satisfied that an ATM or EFTPOS terminal was not working properly, if we have made an error, or if the Card used was forged or faulty, or, subject to the exceptions set out in these Terms and Conditions, if the Card has been used fraudulently. If, as a result of our investigation, we believe that the charge or Transaction should remain, we will write to you setting out our reasons for this conclusion. A fee may be charged for this service.
You should refer your complaint to the Manager Complaint Resolution, BNZ, PO Box 995, Auckland or telephone 0800 788 999. If you are unhappy with our investigation, you can refer the matter to the Banking Ombudsman, PO Box 10-573, Wellington, telephone +64 4 471 0006 or call 0800 805 950.
Information about you which, at any time, you provide to BNZ or is collected by BNZ 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 BNZ (each a “BNZ Company”), or which you, at any time, provide in connection with your Card and Credit Card Account to Loyalty New Zealand Limited and current and future Fly Buys Partners (where your Card is Linked to Fly Buys), Visa and any insurance underwriters or insurance agents used in relation to your Card and Credit Card Account (collectively the “Parties”) may be stored, used or disclosed in accordance with this clause 13. Each of the BNZ Companies and the Parties may rely on this clause 13 pursuant to the Contracts (Privity) Act 1982.
Information about you may be stored physically or electronically, including in offshore facilities, by BNZ, any other BNZ Company or any third party (who is subject to an obligation of confidentiality in relation to that information) contracted to store it. Each BNZ Company will ensure that any information held about you is protected securely by safeguards as required by the Privacy Act 1993 and any other applicable laws. No BNZ Company 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.
Information about you will be used primarily for administering your Credit Card Account and offering or providing banking and other financial services to you. 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. Information (including, for example, Card Transaction information) may also be used and disclosed to further the relationship between you and any BNZ Company, the Parties 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 any BNZ Company, the Parties or a third party.
To see your views on its services and the products it offers, a BNZ Company or a Party may provide your name, address and telephone number to reputable market research organisations. The information is selected at random and places you under no obligation to take part in the market research. The information is supplied in strict confidence to the research organisation, which will not be authorised to use it for any other purpose. However, if you do not wish to be involved, please advise us.
In respect of opening and reviewing accounts, applications and offering you relevant products and services, you authorise the BNZ Companies and Loyalty New Zealand Limited to make credit references and other enquiries. For this purpose, the BNZ Companies and Loyalty New Zealand Limited may seek from any such source information concerning you. In the event that you are in default under any loan or facility from the BNZ Companies, the BNZ Companies are authorised to disclose all relevant information about you to and for the use of credit agencies, debt collection agencies and law firms.
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.
If you do not wish to provide all the information requested on an application form, then please tell us. If you do not provide all the information requested on the application form, we may restrict the products, facilities and/or services available to you.
To obtain more information about how we manage information about you or if you would like a copy of our relevant privacy policies please contact us.
Your Card Accounts, your banker/customer relationship with us and these Terms and Conditions are governed by New Zealand law. Any disputes in respect of these Terms and Conditions shall be heard and determined by the New Zealand courts.
You should notify us immediately if you are in financial difficulty and believe you may not be able to meet your obligations to us. Please call us on 0800 653 433.
We may from time to time make insurance products available to you. You will be advised of the costs and conditions that apply to those products.
We may, in association with any participating Merchant, company or person, run various schemes to promote our goods and services and/or those of that other party. You will be advised of the nature and benefits of any such promotion.
You may at any time ask us for information about your Card Accounts. This includes copies of previous statements, details of Transactions, details of the current fees and charges or copies of our current Terms and Conditions. Changes to Card Accounts may only be made by the Account Owner. We may charge a fee for these services.
We may change, add to, delete or replace these Terms and Conditions from time to time by giving you at least 14 days’ written notice to your last known address or by advertisement in the public notice columns of major newspapers, display in our stores and posting on our website.
You must notify us promptly of any change to your contact details (including address, telephone details and email address if applicable). Until you do, we may assume that the contact details we hold for you are correct.
Our Internet Banking and Telephone Banking Terms and Conditions apply when you use 24 Hour Banking to access your Credit Card Account. We may modify, add to or delete any of our internet banking and telephone banking terms and conditions from time to time, in accordance with the provisions of those terms and conditions.
The Credit Contracts and Consumer Finance Act 2003 applies to your Credit Card Account if you established it on or after 1 April 2005. Parts 2 and 3 of the Credit Contracts and Consumer Finance Act 2003 only apply to your Credit Card Account if you are an individual and, at the time you entered into this credit card agreement you do so primarily for personal, domestic or household purposes. If you established your Credit Card Account before 1 April 2005 then it will continue to be subject to the Credit Contracts 1981 unless we elect otherwise. We will notify you of any such election.
This section outlines the Terms and Conditions relating to the collection of Fly Buys Points when using your Card. This section must be read in conjunction with the Fly Buys Terms and Conditions available at flybuys.co.nz.
We are responsible only for the correct communication and calculation of the Fly Buys Points you collect using your Card but are not responsible or liable for the provision of rewards, which is the sole responsibility of Loyalty New Zealand Limited.
Only Fly Buys Points can be collected on your Credit Card Account.
Only one Fly Buys number can be allocated to your Credit Card Account.
You must link a Fly Buys number to your Credit Card Account at the time the Credit Card Account is opened. You may request that your Credit Card Account is no longer linked to a Fly Buys number. Purchases made prior to the linkage date or after the Credit Card Account is no longer linked will not collect Fly Buys Points.
Purchases do not include:
Fly Buys Points will be calculated by us at the time your Card statement is issued. You will be advised separately of the Fly Buys Points collection rate on your Card. This rate may be changed by us from time to time.
The number of Fly Buys Points calculated will be rounded up or down to the nearest whole point.
Where you obtain a refund or reimbursement for charges previously incurred on your Card (for example, when you return goods or cancel bookings made and paid for and a credit is issued to your Card) your Fly Buys Points will be reduced accordingly. Any reduction of Fly Buys Points is at our discretion and we may communicate negative Fly Buys Points to Loyalty New Zealand Limited.
You cannot transfer your Fly Buys Points to any other person or entity or Credit Card Account by operation of law or otherwise.
Fly Buys Points you accrue have no cash or monetary value.
We may credit Fly Buys Bonus Points to you from time to time as part of special promotions.
We will inform Loyalty New Zealand Limited of the number of Fly Buys Points you have collected using your Card within five business days of your Fly Buys Points being calculated. The Fly Buys Points you collect may be shown on your Card statement and Fly Buys Points Summary.
We are not responsible for the rewards you receive under the Fly Buys programme. Any dispute relating to the rewards you receive will be settled by you and Loyalty New Zealand Limited. We will bear no responsibility for resolving such disputes or for the dispute itself.
We may terminate your Card linkage at any time.
Fraud or abuse in the use of your Card in the Fly Buys Programme may result in the forfeiture of accrued Points as well as cancellation of your Credit Card Account and your Card linkage.
If your Credit Card Account is out of order it may not be eligible to be linked to Fly Buys and collect Fly Buys Points during a specified period.
All questions or disputes regarding eligibility to this Fly Buys Programme or the eligibility of Fly Buys Points will be resolved by us at our sole discretion.
When you ask us to link or when we are required to link your Card to your Fly Buys membership number you are consenting to us holding your Fly Buys membership name and number. If you ask us to help you obtain a Fly Buys membership, you consent to us providing your name, address, contact details and other information required to Loyalty New Zealand Limited for this purpose.
This information will be used to allow communication of Fly Buys Points collected using your Card to Loyalty New Zealand Limited and may also be used by us and/or Loyalty New Zealand Limited for marketing purposes, planning, product development, research and other commercial purposes.
We may also receive other information from Loyalty New Zealand Limited for the purposes specified in the Fly Buys Terms and Conditions. This information will be used by us to provide services relating to the Fly Buys programme.
Fly Buys Terms and Conditions apply and can be viewed at flybuysvisa.co.nz.
Contact any of our stores or call any one of our customer service representatives on 0800 653 433 during normal business hours Monday to Friday.*
Within Australia freephone any one of our customer service representatives on 1800 127 277. From overseas, reverse charge +64 4 470 9201. Call during normal business hours Monday to Friday.*
In New Zealand call free on 0800 735 901.
From overseas call +64 4 473 5901 (collect), 24 hours a day, 7 days a week.
Further information, and copies of our current disclosure statement, may be obtained from any of our stores or agencies.
* Excludes New Zealand public holidays.
To write to us, send your letter to:
Fly Buys Visa P O Box 2842 Wellington New Zealand