Mobile app, card and payments terms and conditions

Mobile app terms and conditions

---

About

These terms govern our agreement with you about the use of the Nano App (the Terms) and form a binding contractual agreement between you, the user of the Nano App and us, Nano Digital Home Loans (Digital Mortgage Solutions Pty Ltd ABN 85 628 608 391).

For that reason, these Terms are important, and you should ensure that you read them carefully and contact us with any questions before you use the Nano App.

By using the Nano App, you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Nano App.

From time to time, we may update the Nano App through the app store from which you purchased the Nano App. Depending on what the update is, you may not be able to use the Nano App until you’ve installed the latest version and accepted the new Terms. We will let you know when there is a new version to download.

The Nano App allows you to view your loan balance and transactions, make payments, access statements, manage your Offset sub-account and contact Nano.

Your use of the Nano App

• You may access and use the Nano App (including any incidental copying that occurs as part of that use) in the normal manner for your own personal, non-commercial use.
• The Nano App may contain links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.
• You acknowledge and agree that the Nano App will not operate on a continuous basis and may be unavailable from time to time (including for maintenance purposes).

Intellectual property rights

Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Nano App.

Warranties

You represent and warrant to us that:

• you have the legal capacity to enter these Terms; and
• you have abided by the Terms relating to your use of the Nano App.

Liability

• To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
• To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
• These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
  • the supply of the services again; or
  • the payment of the cost of having the services supplied again.

How we use cookies

• The Nano App uses cookies and similar technologies when you first register and to check that it is you when you’re using the app. By using the Nano App, you accept how and when we use cookies.
• We use cookies to collect information about how you use the Nano App so we can, amongst other things, improve our products and services, customise the Nano App for you, for statistical and security purposes.

Notifications

• If you enable push notifications in your device settings, we may send you notifications. Any important notifications, for example, changes to terms and conditions or a change in interest rate, will be notified to you via email or SMS.

Termination

• These Terms terminate automatically if, for any reason, we cease to operate the Nano App, if you no longer have the Nano App downloaded, or if you no longer have a loan with us.
• We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.

General

• You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.
• If a provision of these Terms is invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
• This Agreement is governed by the laws of New South Wales and each party submits to the jurisdiction of the courts of New South Wales.

Card and payments terms and conditions

---

About

These terms govern our agreement with you about the use of your Nano Visa debit card (Nano Card) and the payments functionality associated with use of the Offset sub-account connected to your Nano home loan. The Nano Card is a debit card.

The Nano Card is issued by Hay Limited ABN 34 629 037 403, Australian financial services licence number 515459 (Hay).

You agree to these terms when you sign up for your Nano Card. It is really important that you understand these terms because they set out Nano and Hay’s (we / us / our) agreement on what will happen with things like how we will use your information, security, fees, charges and limits.

Please contact us if you don’t understand anything in this document and we can explain things further for you.

Meaning of words

In these terms, words that have a capital letter have the following meaning:

• Offset sub-account means the sub-account and associated balance directly linked to your Nano Home Loan at a particular point in time (in AUD). By default, your Offset sub-account has transactional capability. You can view your Offset sub-account and its overall balance in the Nano App and use funds moved to the Offset sub-account to make transactions using the Nano Card, Pay Anyone, BPAY or Direct Debit. You can also compartmentalise the balance into Vaults to suit your needs.
• Android device: means an Android mobile device capable of connecting to the internet.
• Apple Pay: means the mobile wallet service provided by Apple that enables you to make Apple Pay payments.
• BPAY: A Bill Payment (or BPAY for short) is a fast, convenient and easy way for a customer to pay their bills.
• Direct Debit: means an arrangement made with a bank that allows a third party to transfer money from the transactional component of your Offset sub-account on agreed dates, typically in order to pay bills.
• Google: is a trademark of and means Google Inc. and includes its related bodies corporate and affiliates.
• Google Pay: means the mobile wallet service provided by Google that enables you to make Google Pay payments.
• iOS device: means an iOS mobile device capable of connecting to the internet
• Loan Contract means the contract entered into for your Nano Home Loan.
• Nano Card means the physical Visa Platinum card which is issued to you.
• Nano Home Loan means the loan that you have obtained from us, as varied from time to time.
• Passcode means the 6-digit passcode you nominate when downloading the Nano App which protects access to the Nano App.
• Pay Anyone means a payment from the transactional component of your Offset sub-account to another person’s account with an Australian Financial Institution by using the BSB and account number of the person to whom you are making the payment.
• PIN means the 4-digit personal identification number used to protect access to your Nano Card which is created by you when you sign up to the Nano App.
• Unauthorised Transactions means a transaction which you haven’t authorised and/ or has been made without your knowledge and consent.
• Vault means a component of your Offset sub-account where you can tuck funds away in the Nano App so they are displayed separately from the rest of your Offset sub-account balance. You cannot use funds moved to Vaults to make transactions using the Nano Card, Pay Anyone, BPAY or Direct Debit without transferring them to the transactional component of your Offset sub-account. However, if there are insufficient funds in the transactional component of your Offset sub-account balance for a transaction you have authorised, we will debit any funds tucked away in your Vaults. Note that although funds displayed in the Vault are displayed separately to the rest of your Offset sub-account, they still form part of your overall Offset sub-account balance.
• Visa: means Visa Worldwide PTE Ltd.

Your Nano Home Loan Offset sub-account balance

• Your Offset sub-account balance is the total of the funds in the default transactional component of your Offset sub-account and Vaults.
• Each borrower under your Nano Home Loan will have access to the Offset sub-account balance via the Nano App. Each borrower can make a payment using Pay Anyone, BPAY, Direct Debit or a transaction using a Nano Card and this will be deducted from the transactional component of your Offset sub-account balance in your Nano App irrespective of whether the other borrower has authorised the payment or transaction.
• If there are two or more of borrowers, each of you is individually liable, and all of you are jointly liable. Each borrower can bind each other borrower. Each borrower and any guarantor will be liable even though they did not know about or did not agree to the transaction.

WARNING: This means that each one of you can be required to pay the whole amount even though you may have some other arrangement among yourselves and even though not all of you benefit equally.

The Nano Card

• The Nano Card is a Visa Platinum card.
• We will issue you a Nano Card to access the transactional component of your Offset sub-account balance in your Nano Home Loan within the Nano App.
• Your Nano Card must be signed immediately once you physically receive it.
• Each card remains our property. You must return your Nano Card to us if we ask for it. You must destroy your Nano Card if it is no longer valid or as soon as you become aware that it is no longer valid.
• You can use your Nano Card anywhere in the world (where Visa debit cards are accepted) to access the transactional component of your Offset sub-account balance in your Nano Home Loan and make transactions. Your use of the Nano Card and the payment functionality to access the transactional component of your Offset sub-account balance is at all times subject to the Loan Contract and these terms and conditions.
• You can use the Nano Card to withdraw cash at ATMs (note there is a daily limit that applies (see clause 8).
• Your Nano Card is linked to the transactional component of your Offset sub-account. You can make Pay Anyone, BPAY or Direct Debit transactions from the transactional component of your Offset sub-account balance via the Nano App.
• The Nano Card is not a credit card and is not a facility by which we take deposits from you.

Anti-money laundering and counter terrorist financing

• We may need to block, delay, freeze or refuse transactions or suspend your access to the Offset sub-account in your Nano Home Loan where we reasonably consider that a transaction is fraudulent or in breach of anti-money laundering laws or where we have concerns regarding your money laundering or terrorism financing risk.
• We are not responsible for any loss that arises where this occurs except where such loss arises from the mistake, fraud, negligence or wilful misconduct of us, our employees or our agents. Where we can, we will let you know why we have stopped the transaction. However, in some cases our legal obligations will stop us from being able to tell you.

Activating your Nano Card

Before you use your Nano Card for the first time you will need to activate it in the settings of your Nano App.

Using your Nano Card

• The transactional component of your Offset sub-account will be debited with purchases made by you using your Nano Card.
• We will decide the order in which debits will be processed.
• We do not guarantee that any debit will be made on the day or at the time requested. We will endeavour to complete the transaction as soon as practicable after the requested time.
• We may postpone processing a transaction if we need further information from you or a third party.
• The merchant may charge a different price for goods or services when you pay with your Nano Card rather than with cash.
• We do not accept any responsibility for the goods or services purchased with your Nano Card. Any complaints about those goods and services must be addressed to the supplier or merchant of those goods and services.
• The Nano Card links to the transactional component of your Offset sub-account balance. Subject to the Loan Contract and your loan being in good standing, you will be able to access the transactional component of your Offset sub-account balance using your Nano Card. Your access to the transactional component of your Offset sub-account in your Nano Home Loan will be subject to any limits that may be set by you or Nano.

Limits

The following limits apply to the Nano Card and Pay Anyone, BPAY and Direct Debit functionality:

Max Home Loan Offset sub-account balance	Up to the Loan Limit
Maximum ATM cash out per day	$1,000
Maximum limit for all Pay Anyone, and Direct Debit transactions out per 24-hour period	$20,000
Maximum limit for BPAY transactions per 24-hour period	$20,000
Maximum limit for each Nano Card Transaction	$20,000
Maximum limit for all Nano Card Transactions out per day	$20,000

• At any time, acting reasonably, we can adjust the limits to protect your legitimate interests or ours.
• We will let you know via the Nano App or email if your limits are adjusted. Please check the ‘Limits’ section in the Nano App for your current applicable limits that apply to your Nano Card, Pay Anyone, BPAY and Direct Debit functionality.

ATM withdrawals (Australia)

• This clause applies to ATM withdrawals in Australia only.
• You can withdraw cash from the transactional component of your Offset sub-account using your Nano Card at any ATM up to the limit that applies for ATM trazznsactions (see clause 8).

International ATM withdrawals (Outside Australia)

• This clause applies to ATM withdrawals outside Australia.
• Your Nano Card may be able to be used overseas through any ATM or bank branch displaying the Visa logo. In these cases, foreign currency amounts will be converted into Australian dollars as at the date they are processed. The amount debited to the transactional component of your Offset sub-account balance will include currency conversion charges.
• Use of an overseas ATM or bank is subject to their terms and conditions.
• We do not charge any fees for using an ATM while outside Australia.
• A fee may be charged by the foreign institution when you use your Nano Card at an ATM or bank overseas.
• When you use your Nano Card outside Australia, you must ensure that you comply with any exchange control requirements, which are rules regarding the exchange of currencies and the movement of currency between countries. You indemnify us if your use of your Nano Card outside Australia breaches any exchange control requirements and that breach causes us loss.

Nano Card transactions

• You can use your Nano Card to make payments anywhere that Visa debit cards are accepted.
• Within Australia, you can make contactless transactions under $200 without using your PIN. Contactless limits may vary in different countries.
• We will deduct the amount of any transaction using your Nano Card from the transactional component of your Offset sub-account. You can’t stop payment on a transaction after it has been completed. You are responsible for ensuring that the instructions are correct.
• Sometimes a transaction cannot be processed due to reasons outside of our control, like where there are network issues which may affect the relevant payment terminal.
• We have the right to decline to accept your authorisation for any transaction if we have any reason to doubt the authenticity or validity of the authorisation or your legal capacity to give the authorisation. We will not be liable to you or any other person for any loss or damage which you or such other person may suffer as a result of our action.

Using your Nano Card outside Australia

• Your Nano Card may be used overseas. In these cases, foreign currency amounts will be converted into Australian dollars.
• All foreign currency transactions will be processed using the foreign exchange rate determined by Visa at the time of settlement. The actual foreign exchange rate that has been applied will be shown in your Nano App on settlement or shortly thereafter.
• We do not charge fees, margins, or spreads for foreign exchange payments.

Pay Anyone, BPAY and Direct Debit transactions from your Offset sub-account

• You can make Pay Anyone, BPAY and Direct Debit payments from the transactional component of your Offset sub-account balance using the Nano App.
• When authorising a payment using the Pay Anyone, BPAY and Direct Debit functionality, it is important to enter the correct BSB and account information.
• Where you enter the wrong information:
  • funds may be credited to the account of an unintended recipient if the BSB number and/or
  • identifier do not belong to the person you name as the recipient; and
  • it may not be possible to recover funds from an unintended recipient.

Restrictions on use

• You must not use your Nano Card for any illegal purposes including purchasing anything that is illegal under Australian law.
• You must not sell or give your Nano Card to any other person; it is only for your personal use. You can only have one Nano Card per individual who is a borrower under your Loan Contract at a time.

Fees

• We do not charge any fees associated with your use of the Nano Card or Pay Anyone, BPAY and Direct Debit functionality. If this changes, we will let you know at least 30 days before a change takes effect through the Nano App of any fee changes so that you can stop using the Nano Card if you don’t like our new fees.
• Merchants and financial institutions may also impose fees or surcharges, which are outside of our control.
• We will debit the transactional component of your Offset sub-account balance for any amounts that are payable to us or to third parties. If there are insufficient funds in the transactional component of your Offset sub-account balance, we will debit any funds tucked away in your Vaults.

Statements

• We will provide you a Nano Home Loan statement at least every six months.
• When you register for the Nano App, you consent to us giving you notices, statements and other documents in connection with our dealings with you through the Nano App. You understand that by giving this consent:
  • we will no longer send you paper copies of notices and other documents;
  • you should regularly check your Nano App for notices, statements and other documents;
  • you may withdraw your consent to the giving of statements, notices and other documents electronically at any time; and
  • you have the facilities to print statements, notices or other documents sent to you by us if you wish.
• We can send you a paper statement, notice or other document if you request at any time.
• If you are a joint borrower, any transactions, payment or other action you make will be visible to your co-borrower.

Security: Protecting your Nano Card information and PIN and Passcode

• It is important to take all reasonable precautions to ensure that your Nano App and Nano Card information remain secure and confidential.
• You must take all reasonable precautions to ensure that your PIN and Passcode remain secure and confidential. These should be memorised, and any correspondence notifying you of them must be destroyed. The precautions we require you to take are set out below.
• You must not:
  • tell anyone your PIN, Passcode or Nano Card number, including any friends, members of your family, your solicitor or any person who works for Nano;
  • let anyone else, whether acting as your agent or not, access the Nano App using your PIN or Passcode;
  • select an PIN or Passcode that is comprised of repeated, ascending or descending numbers, or numbers that are associated with your birth date, or an alphabetic code which is a recognisable part of your name, or any other combination of numbers and letters readily identifiable with you;
  • give your Nano Card to anyone else or let them use it;
  • where a Device is required to perform a transaction, write or make a record of any PIN or Passcode on the device, or anything carried with the Device or liable to loss or theft with the device, unless you make a reasonable attempt to protect the security of the PIN or Passcode;
  • keep a record of any PIN or Passcode (without making a reasonable attempt to protect the security of the PIN or Passcode) on your Nano App, or in or on anything you usually carry with your Nano Card, as it could be lost or stolen at the same time as your Nano Card;
  • be careless about protecting the security of your PIN or Passcode; or
  • let anyone else see you entering your PIN at an ATM or EFTPOS terminal.
• You must not act with extreme carelessness in failing to protect the security of your PIN or Passcode – for example, by storing either in a notebook that is not protected under the heading ‘Card password’.
• As soon as you realise or suspect anyone else knows your PIN or Passcode, or your Nano Card is lost, stolen or used without your permission, contact us immediately.
• If you realise or suspect anyone else knows your PIN or Passcode, we will ask you to select a new PIN or Passcode. If you don’t select a new PIN or Passcode when asked, a stop will be placed on the relevant service until you do so.
• If we know or suspect that anyone else knows your PIN or Passcode, we may place a stop on the relevant service. In that event, you can contact us for a new PIN or Passcode and to have the stop removed.
• You must regularly check to make sure you still have your Nano Card.
• Your PIN may be automatically de-activated after three unsuccessful attempts to enter your PIN. If this happens, we can re-activate your PIN, or send you a reminder of your PIN, as long as your card is in your possession.

Security: What to do when you suspect your Nano Card is compromised or lost

• If you believe your physical Nano Card is lost (and there’s a chance, you’ll find it) you can simply freeze your Nano Card in the Nano App so that it cannot be used. While the Nano Card is frozen:
  • you can continue to make Pay Anyone, BPAY and Direct Debit payments from the transactional component of your Offset sub-account balance in your Nano Home Loan via the Nano App; and
  • you will not be able to use your Nano Card.
• If you believe your Nano Card has been lost, damaged or compromised (not just temporarily lost) then you must immediately report your Nano Card lost or stolen with the Nano App and request a new Nano Card.

Responsibility for mistaken or Unauthorised Transactions

• Where you think a transaction is an Unauthorised Transaction or is otherwise incorrect, please get in touch with us immediately via the Nano App and provide as much information as you can about the relevant transaction so we can investigate further.
• There is a specific circumstances and time frames where we can claim a refund in connection with a disputed transaction. This means that our ability to investigate a disputed transaction is limited to the time frames imposed by payment service providers and schemes that we deal with, so it is important to let us know as soon as possible after you become aware of a disputed transaction.

Mistaken payment

If you make a mistake when making a payment, we will try to reverse the transaction and retrieve your funds. However, if we can’t reverse the transaction, we are not responsible, and you will be liable for the mistaken payment.

Incorrect payments/issues with a purchase

• To the extent that your contract is regulated under consumer legislation (e.g. the National Credit Code) or any other law, any provisions in your contract which do not comply with that law have no effect, and to the extent necessary, your contract is to be read so it does not impose obligations prohibited by that law.
• If any provision of your contract is illegal or becomes illegal at any time, the affected provision will cease to have effect, but the balance of your contract will remain in full force and effect, and we may by notice vary your contract so that the provision is no longer illegal.

Lost or stolen Nano Card or compromised PIN or Passcode

• You will not be responsible for Unauthorised Transactions made using your Nano Card:
  • that occur before your Nano Card is issued to you;
  • that occur after you have frozen or cancelled your Nano Card and while it remains frozen; or
  • where you didn’t contribute to the Unauthorised Transaction, or you were not aware of and could not have known about the Unauthorised Transaction.
• We may consider that you have contributed to an Unauthorised Transaction where:
  • you have not kept your Nano Card, PIN or Passcode reasonably secure;
  • there was an unreasonable delay in freezing or cancelling your Nano Card where you believed it was lost, stolen or otherwise compromised; or
  • you have not otherwise complied with your obligations.

Transaction history

You can view your transaction history in the Nano App at any time. We take security really seriously but please regularly check your transaction history to make sure there is nothing unusual such as:

• transactions you don’t recognise;
• transactions you didn’t authorise;
• transactions where you never received the relevant goods or services;
• transactions where the purchase price differs to the purchase amount (for example, when the merchant charges a different price for goods or services paid for by a Nano Card as described in clause 7(e));
• you think a transaction may have been duplicated.

When you’ll be liable

• You will be liable for loss incurred when we can prove on the balance of probability that the loss resulted from you:
  • acting fraudulently; and
  • breaching any security terms set out in these terms and conditions.
• Your liability will extend to the total loss suffered before you report the loss, theft or misuse of your Nano Card/Device, or beach of the security of your PIN or Passcode, to us.
• If we can prove that you contributed to losses incurred by unreasonably delaying reporting to us the misuse, loss or theft of a device, or the breach of the security of your PIN or Passcode, you are liable for any unauthorised transactions occurring between when you became aware, or should have reasonably become aware of the misuse, loss, theft or breach, and when you actually notified us.
• You will not be liable for any portion of the losses incurred:
  • on any one day that exceed the daily transaction limit;
  • in a period that exceeds any other periodic transaction limit applicable to the relevant period;
  • that exceed the Offset sub-account balance; or
  • when you and we agree that your Nano Card could not have been accessed in the way which resulted in the loss.
• You are liable for losses from unauthorised transactions if they result from you leaving your Nano Card in an ATM as long as the ATM incorporates reasonable safety measures to mitigate the risk of a card being left in the ATM.

Nano Card cancellation or suspension

• We may cancel your Nano Card at any time without prior notice if we consider reasonably necessary to prevent loss to you or us, including for security reasons and if there is suspected fraud.
• If we cancel your card, you must destroy your card if you have access to it.
• We may suspend your Nano Card at any time without notice.
• If we cancel or suspend your Nano Card, we notify you promptly afterwards. We may also block or terminate access to your Offset sub-account balance.
• You indemnify us against any loss or damage you may sustain as a result of your Nano Card being cancelled or suspended.

Card expiry

The expiry date is shown on your Nano Card. We will contact you prior to the expiry to let you know the next steps for continuing to use your Nano Card after the expiry date.

Privacy

• Nano (and Hay) will collect, handle and use your personal information in accordance with our Privacy Policy available at www.nano.com.au.
• Our Privacy Policy contains, amongst other things, important information about the purposes for which we collect personal information, the entities to which we may disclose the information we collect (including any overseas disclosures that we may make), how you can access and seek correction of the personal information we hold about you and how you can make a complaint about our handling of your personal information.

Limits and responsibility

• We are responsible for things that occur that are our fault. This includes things like the Offset sub-account balance in your Nano Home Loan being incorrectly debited due to our error or our fraud.
• We are not responsible for things outside of our control, which include;
  • where a merchant does not accept your Nano Card;
  • delays or interruptions not caused by us;
  • transactions not being able to be processed, despite us taking reasonable precautions;
  • a dispute between you and the supplier of goods or services purchased with the Nano Card; or
  • compliance with our regulatory obligations.
• Where we are responsible, to the extent permitted by law and Visa scheme rules, the most we are responsible for is the value of a transaction processed due to our error.
• If the laws in Australia impose any guarantees, warranties or conditions on the Nano Card, then our liability for a breach of such guarantee, warranty or conditions will be limited to:
  • supplying the services again; or
  • the payment of the cost of having the services supplied again.

BPAY

Google Pay

Apple Pay

Complaints

If you have any complaint relating to your Nano Card or other payment functionality associated with the Offset sub-account in your Nano Home Loan, please contact [email protected].

Changes to these terms

• We can change these terms at any time by uploading the new terms to the Nano website or Nano App and/or letting you know about the changes via the Nano App. If you keep using your Nano Card, Pay Anyone, BPAY or Direct Debit functionality after the change becomes effective, this shows that you agree to the changes.
• Where we decide to charge new fees or make any other changes are made which are not in your favour, we will give you at least 30 days’ notice before the change so you can stop using your Nano Card, Pay Anyone, BPAY or Direct Debit if you don’t like the change.

Governing Law

The laws of New South Wales will govern the Nano Card, and any legal questions concerning these terms and conditions.

General matters

• We can, at our discretion, make electronic copies (including recordings) of, or monitor, any transaction made through the Nano App for the purpose of accuracy and security.
• You must tell us promptly if your contact details change (including any residential, postal or electronic address, or your phone number).
• You must promptly produce documents or other evidence we require to enable us to verify your identity or other information about you.
• If any of the provisions of these terms and conditions are illegal or become illegal at any time, the affected provisions will cease to have effect, but the balance of these terms and conditions will remain in full force and effect.
• Our rights under these terms and conditions are unaffected by any delay in exercising them, by us giving you any time or other indulgence, or by the acceptance of monies from you after you default.
• We may assign, novate or otherwise deal with our rights and obligations under these terms and conditions, and any document or agreement entered into or provided under or in connection with these terms and conditions in any way we wish. We may disclose personal and credit information about you in connection with any such dealing. You must sign anything and do anything we reasonably require to enable any dealing with these terms and conditions and any document or agreement entered into or provided under or in connection with these terms and conditions. Any dealing with our rights does not change your obligations under these terms and conditions in any way. You cannot assign or otherwise deal with your rights or obligations under these terms and conditions, and any document or agreement entered into or provided under or in connection with these terms and conditions.