Business Express Deposit is the convenient and secure way to deposit your business cash and cheques.
Conditions of Use
1.0 Introduction
1.1 Agreement to these Conditions of use
Westpac Banking Corporation ABN 33 007 457 141 (“Westpac”) agrees to allow you to conduct Business Express Deposit banking on the conditions set out in these Business Express Deposit Conditions of Use. Any use of our Business Express Deposit service will be taken as your agreement to comply with these Conditions of Use.
1.2 Our obligation to you
It’s our commitment to make all the details about your banking as clear as we possibly can. These Conditions of Use provide you with all the information you need regarding the Business Express Deposit service that we provide. If there’s anything in these Terms and Conditions that you’d like to clarify or know more about, simply contact your Relationship Manager or visit any branch.
1.3 Privacy Statement.
Personal information
When providing a product or service to you or for an entity of which you are a representative or signatory, or to provide or manage the provision of that product or service, we may collect personal information about you from you or that entity. We may also use your personal information to comply with legislative or regulatory requirements in any jurisdiction, prevent fraud, crime or other activity that may cause harm in relation to our products or services and help us run our business. If you do not provide all the information we request, we may no longer be able to provide that product or service. We may disclose your personal information to other members of the Westpac Group, anyone we engage to do something on our behalf, and other organisations that assist us with our business. We may disclose your personal information to an entity which is located outside Australia. Details of the countries where the overseas recipients are likely to be located are in our privacy policy. As a provider of financial services, we have obligations to disclose some personal information to government agencies and regulators in Australia, and in some cases offshore. We are not able to ensure that foreign government agencies or regulators will comply with Australian privacy laws, although they may have their own privacy laws. By using our products or services, you consent to these disclosures. We are required or authorised to collect personal information from you by certain laws. Details of these laws are in our privacy policy.
Our privacy policy is available at westpac.com.au or by calling 132 032. It covers:
- How you can access the personal information we hold about you and ask for it to be corrected.
- How you may complain about a breach of the Australian Privacy Principles or a registered privacy code and how we will deal with your complaint.
- How we collect, hold, use and disclose your personal information in more detail. We will update our privacy policy from time to time.
2.0 What to do if you have a problem or dispute
Our service approach
If you have any problems with the service that we provide, we would like to hear about them. When you provide feedback, we have an opportunity to improve our service to you. When we make a mistake or our service does not meet your expectations, please be assured that we will do all we can to find a solution for you in the fastest possible time. We will take action when things go wrong because problem resolution is a priority to us.
If you have a complaint
It is your responsibility to, firstly, notify us of the situation. Your first point of contact should be your Relationship Manager or branch. In the vast majority of cases, complaints can be dealt with quickly without further intervention.
You may also contact us 24 hours a day, 7 days a week from anywhere in Australia, by:
- Phone: 1300 130 467
- Email: via our website – westpac.com.au and click on ‘Contact Us’
- Fax: 1300 655 858
- Mail: Reply Paid 5265, Sydney NSW 2001.
We will aim to resolve the matter when you first contact us. If we cannot resolve your issue there and then, we will:
- Let you know who is handling your complaint
- Keep you informed of what is happening
- Aim to resolve your complaint within 5 working days
If you are not satisfied with our response, you may be able to file a complaint with the Australian Financial Complaints Authority:
- Online: www.afca.org.au,
- Email: info@afca.org.au,
- Phone: 1800 931 678 or
- Mail: Australian Financial Complaints Authority GPO Box 3 Melbourne VIC 3001
3.0 Conditions of use
3.1 Introduction.
3.1.1 These Conditions of Use govern Business Express Deposit banking at Westpac.
3.1.2 It is important that you read these Conditions of Use carefully and retain them for future reference. In particular, clause 7 limits Westpac’s liability. In view of this limited liability you should check that all relevant risks are covered by your own insurance. Westpac’s liability for the contents of your Business Express Deposit is limited and you are responsible for insurance requirements beyond Westpac’s liability. We suggest that when consulting your insurer or your insurance broker you produce these Conditions of Use.
3.1.3 These Conditions of Use apply at any time you conduct Business Express Deposit banking.
3.1.4 Business Express Deposits are able to be Lodged with Westpac at Approved Branches and In-stores by such methods of delivery as approved by Westpac from time to time.
Approved Branches may be changed at the discretion of Westpac.
3.1.5 Lodgement must be made at a Westpac Specialised BED Branch where you:
(a) make Lodgement of Business Express Deposit Bags using a Third Party Security Service Provider; or
(b) deposit more than 20 Business Express Deposit Bags per day.
Volumes must not exceed 20 Business Express Deposit Bags per day where Lodgement is made at other than a Westpac Specialised BED Branch. Special conditions apply where you deposit more than 20 Business Express Deposit Bags per day or where you use a Third Party Security Service Provider to Lodge your Business Express Deposits with Westpac.
4.0 Operation of business express deposit
4.1 General.
4.1.1 You are permitted to place only the following in the Business Express Deposit Bag:
4.1.1.1 cash; and/or
4.1.1.2 cheques; and
4.1.1.3 deposit slips.
In all cases, items placed in the Business Express Deposit Bag must be Australian currency or (in the case of cheques) be payable in Australian currency amounts and must be for deposit to Australian domiciled Australian dollar currency accounts with Westpac.
4.1.2 Before making a Lodgement, any cash deposited must be placed in the compartment of the Business Express Deposit Bag marked for cash and any cheques and deposit slips must be placed in the compartment marked for deposit slips and cheques.
4.1.3 You must ensure a deposit slip correctly records all details of your deposit that is included in each Business Express Deposit Bag used to make a deposit through Business Express Deposit service. If your deposit includes cheques, you must complete the cheque details on the deposit slip and keep a copy of the cheque listing including the drawer of the cheque and bank and branch on which it is drawn for use in case a Business Express Deposit Bag is lost or damaged.
4.1.4 Delays in processing the contents of the Business Express Deposit Bag (and, therefore, in crediting your account) may occur in the event of incorrect preparation of Business Express Deposit Bag or completion of deposit details as indicated above. Delays may also occur where a high volume of Business Express Deposit Bag are Lodged.
4.2 Use of Security Service.
4.2.1 If you engage a Third Party Security Service Provider to effect deposits on your behalf, such deposits will be treated and processed as if made by you.
4.2.2 We may instruct our Security Service to perform the count of the contents of the Business Express Deposit Bag. In such cases the count of the Security Service will be our count.
4.2.3 The provisions of clause 6 apply to processing your Business Express Deposit Bag where you engage a Third Party Security Service Provider or we use our Security Service except as modified above.
4.3 Our right to change Approved Branches and Approved In-stores.
We have the right to change the Approved Branches and In-stores without notice.
5.0 Fees and charges
5.1 You agree to pay all fees and charges applicable to your use of the Business Express Deposit Service, including the applicable fee for the acquisition of Business Express Deposit bags.
5.2 Subject to all applicable laws we may charge a nominated account you have with us with any fees and charges.
5.3 Charges means any charge for the repair or replacement of any of the Items and any costs of complying with any law or court order (see clause 8).
5.4 Information on current fees applicable to your deposit account is available from any Westpac branch on request.
6.0 Processing your deposits (if you are not present during opening of Business Express Deposit Bag and counting)
6.1 Once we accept a Business Express Deposit Bag over the counter at a branch or In-store and if you do not wait for us to count the deposit or retrieve the Business Express Deposit bag from a Lodgement Device, we may credit your account for the amount recorded on your deposit slip before we count the amount of the deposit. In most cases you will be given same day value for Lodgements received before 3 pm on a Business Day, however, we are entitled to count the deposit later and make adjustments if discrepancies appear. We are not required to process Business Express Deposit Bags on non Business Days.
6.2 If you deposit a Business Express Deposit Bag with an In-store you authorise the In-store to deal with the deposit on our behalf as if it were us.
6.3 If you deposit a Business Express Deposit Bag with a Westpac Specialised BED Branch you authorise a Security Service to deal with the deposit on our behalf as if it were us.
6.4 If the deposit slip which you enclose in your Business Express Deposit Bag does not correctly record the amount in your Business Express Deposit Bag and we have credited your account with the amount recorded on the deposit slip you authorise us and we are entitled to:
- debit your account with any shortfall we establish; or
- credit your account with any excess we count.
In any event our count will be deemed accurate and will prevail over your count. If you did not enclose a deposit slip recording an amount in the Business Express Deposit Bag we will count the contents of the Business Express Deposit Bag and credit your account after we have completed the count. If any of the things above happen we will notify you of what we have done by either mailing a statement identifying the discrepancy.
6.5 If you wait while we count the contents of the Business Express Deposit Bag the deposit will be processed as a normal deposit.
6.6 If we use our Security Service the provisions above in this clause 6 are varied by clause 4.2.
6.7 You agree that we may use a Security Service to process your deposit and that such Security Service may become aware of your banking details. We will ensure that any Security Service we use is required to protect the confidentiality of your banking details.
6.8 Third Party Cheques.
6.8.1 You must ensure that all cheques that are made payable to a third party are correctly endorsed prior to inclusion in the Business Express Deposit Bag.
6.8.2 We may deduct the value of improperly endorsed third party cheques and third party cheques not presented in accordance with any specific arrangement with us from the amount of the deposit and return these cheques to you. Our determination of whether a cheque is properly endorsed is final.
6.8.3 Nothing in this sub-clause limits our rights under the Cheques Act 1986 and we specifically reserve those rights.
7.0 Our limited liability
7 .1 Our limited liability to You.
7 .1.1 We shall not be liable to you for:
7.1.1.1 direct loss except as specified below;
7 .1.1.2 any indirect, special or consequential loss or damage (including loss of profit);
7.1.1.3 the face value of cheques contained in a Business Express Deposit Bag . It is your responsibility to ensure that you retain details of non-cash items deposited so that in the event of loss or damage you can approach the drawer for a replacement.
7.1.2 Before Lodgement we have no liability to you for any loss or damage arising from loss of or damage to a Business Express Deposit Bag or its contents.
7.1.3 Between the time of Lodgement and the contents of the Business Express Deposit Bag being counted, our maximum liability to you for loss or damage (as distinct from discrepancies) to the cash component of Business Express Deposit Bags Lodged (irrespective of the number of Business Express Deposit Bags deposited) is as follows:
7.1.3.1 For over the counter at a branch we will accept liability for up to the “said to contain” value.
7.1.3.2 In the case of Lodgement through a Lodgement Device we will accept liability for up to the “said to contain” value from the time of Lodgement.
7.1.3.3 For all methods of Lodgement via an In Store, our liability is limited to a maximum of $5,000.
7.1.4 After we have counted a Lodgement our liability is governed by the terms and conditions which apply to your account with us and clause 6 of these Conditions of Use.
7.1.5 There is no bailment of the items contained in your Business Express Deposit Bag placed in Lodgement Devices. Westpac has none of the obligations of a bailee. You have none of the rights of a bailor.
7.1.6 We will not be responsible to you for any loss or damage which occurs when you are in breach of any term or condition of these Conditions of Use and/or by reason of any such breach.
7.1.7 Where you provide any Item to a Third party Security Service Provider you do so at your own risk. We will not be responsible to you for any loss or damage which occurs where you have provided any Item to a Third party Security Service Provider.
7.1.8 Without limiting the generality of the foregoing and notwithstanding any other provision of these Conditions of Use except this clause7.1.8 we will not be liable to you for any loss or damage to the Business Express Deposit Bag or contents thereof if you Lodge the incorrect Business Express Deposit Bag in the Night Safe.
7.1.9 You indemnify Westpac against any actions, proceedings, claims, demands, damages, costs and expenses incurred by Westpac by reason of the provision of the services under these Conditions of Use.
7.1.10 Nothing in these terms and conditions shall operate so as to exclude, restrict or modify the application of any of the provisions of the Competition and Consumer Act 2010 or any equivalent State or Territory legislation, the exercise of a right conferred by such a provision, or our liability for a breach of a condition or warranty implied by such a provision. Except that to the extent permitted by the Competition and Consumer Act 2010 (Cth) and any equivalent State or Territory legislation, our liability will be limited to resupply of services to you or the cost of having the services supplied again.
8.0 Our responsibilities
8.1 Compliance with court orders and law by us.
8.1.1 If we are required by any court order or law:
8.1.1.1 to deliver any Business Express Deposit Bag to any person other than you;
8.1.1.2 to allow any person other than you to inspect the contents of any Business Express Deposit Bag;
8.1.1.3 not to deposit the contents of any Business Express Deposit Bag into your account; or
8.1.1.4 not to deliver the contents of any Business Express Deposit Bag to you, then we will comply with that court order or law.
8.1.2 We will not be liable to you for any loss or damage you may suffer because of our compliance.
8.2 Financial crimes monitoring.
8.2.1 In order for Westpac to meet its regulatory and compliance obligations relating to money laundering and financing of terrorism, you acknowledge and agree that (despite any other provision of these terms and conditions):
8.2.1.1 transactions may be delayed, blocked or refused where we have reasonable grounds to believe that they breach Australian law or the law of any other country;
8.2.1.2 we may from time to time require additional information from you in relation to your use of this service (including a transaction affected by the steps described in 8.2.1.1) to assist us in meeting our regulatory and compliance obligations;
8.2.1.3 where legally obliged to do so, we may disclose information gathered in connection with your use of this service to regulatory and/or law enforcement agencies; and
8.2.1.4 you must not initiate, engage in or effect a transaction that may be in breach of Australian law (or the law of any other country).
9.0 Code of Banking Practice
9.1 Where this service is provided to you as a customer of Westpac’s Institutional Bank, the Code of Banking Practice (“Code”) will not apply to the service.
9.2 Where the service is provided by Westpac to you by other than Westpac’s Institutional Bank and you are an individual or small business customer within the meaning of the Code of Banking Practice, the Code will apply to this service from the date we adopt it. If the Code of Banking Practice applies, the Code is set out in our Terms and Conditions for the deposit account to which deposits are made using this service. These terms and conditions include the following information:
- Our account opening procedures.
- Our obligations regarding the confidentiality of your information.
- Complaint handling procedures.
- General descriptive information regarding bank cheques.
- A recommendation that you inform us promptly if you are in financial difficulty; and
- A recommendation that you carefully read the terms and conditions applying to the relevant banking service. Copies of the Code are available on request.
10.0 Other
10.1 Drawings.
These Conditions of Use do not permit you to draw against any cash or cheques available for immediate deposit, using Business Express Deposit until they have been paid in and cleared in the ordinary course of business, unless other arrangements have been made with your account manager.
10.2 Assignment.
You cannot assign your rights under these Conditions of Use.
10.3 Variations to the Fees and or Conditions of Use.
10.3.1 We may vary fees and charges (other than a government charge) or introduce new fees and charges at any time.
10.3.2 We may add or vary a government charge at any time
10.3.3 We may change these Conditions of Use (other than a fee or charge to which the previous paragraphs apply) at any time.
10.3.4 We will notify you of all variations to these Conditions of Use or fees by either:
10.3.4.1 Mailing the notice to your latest address recorded with us – in which case you agree that you will be deemed to receive that notice 48 hours after posting.
10.3.4.2 Delivering the notice to you personally; or
10.3.4.3 Publishing the notice in a newspaper available generally in your State or Territory.
10.4 Governing law.
These conditions are governed by the laws of the State or Territory in which the Business Express Deposit is deposited with Westpac.
11.0 Definitions
4.1 In these Conditions of Use:
‘Approved Branch’ means a branch of Westpac available to accept Lodgements.
‘Business Day’ means any day on which the Westpac branch at which you operate our Business Express Deposit is open for ordinary banking business but does not include weekends, public holidays or bank holidays.
‘Business Express Deposit Bag’ means the bag given to you by us for the purpose of Lodgement.
‘Direct Pick-Up’ means collection by a Security Service arranged through us.
‘In Branch Express Deposit Box’ means, when available, a container located within an Approved Branch or In-Store for the purposes of Lodgement.
‘In-store’ means an independently operated business that performs limited banking functions on our behalf and which we have notified to you in writing as available to accept Lodgements.
‘Items’ means any items issued by us to you for the use of our Business Express Deposit.
‘Lodgement’ means deposit of a Business Express Deposit Bag by a method approved by us and includes:
- Over the counter at one of our branches or In-stores.
- Direct Pick-Up (by special arrangement only).
- Lodgement Device.
- Such other method of Lodgement as approved by us from time to time. We may add, remove or discontinue specific methods of Lodgement at any time.
Lodgement over the counter does not take place until the Business Express Deposit Bag has been handed to an officer of Westpac or In-store operator (as the case may be).
Lodgement for Direct Pick-Up takes place once the Security Service acknowledges receipt for the Business Express Deposit Bag.
When using a Lodgement Device, a Lodgement does not take place until the Business Express Deposit Bag is retrieved from the Lodgement Device by or on behalf of Westpac and recorded on a register maintained for the purpose of recording retrieved Business Express Deposit Bags.
References to ‘Lodge’ and ‘Lodging’ have a corresponding meaning to ‘Lodgement’.
‘Lodgement Device’ means, where available, In Branch Express Deposit Box, Night Safe, Offsite Night Safe or such other receptacle as approved by us from time to time for Lodgement of a Business Express Deposit Bag.
‘Night Safe’ means a specific Night Safe or other Lodgement Device located at one of our Approved Branches for which you have been issued an access card or key to the door if we have agreed to your use of this method of Lodgement. Unless we specifically refer to Offsite Night Safe a reference to Night Safe includes Offsite Night Safe.
‘Offsite Night Safe’ means a specific Night Safe located away from one of our branches for which you have been issued a key to the door if we have agreed to your use of this method of Lodgement.
‘Security Service’ means the third party security service provider engaged by us to perform services under this Agreement, including the delivery of Business Express Deposit Bag from you to us.
‘Third Party Security Service Provider’ means the third party security service provider (such as a courier) engaged by you to deliver Business Express Deposit Bags from you to us.
‘Westpac’, ‘our’, ‘we’ or ‘us’ means Westpac Banking Corporation (ABN 33 007 457 141).
‘Westpac Specialised BED Branch’ means a branch, where Business Express Deposit Bags which are received at that branch are outsourced by Westpac to a Security Service for processing.
‘You’ or ‘your’ means each customer who conducts Business Express Deposit Banking on the conditions set out in these Business Express Deposit Conditions of Use.