Row 1 – ‘Our Liability’, is updated as follows:

Key Term:

‘Our liability under the Agreement is limited. This includes (but is not limited to) liability for breach of obligations and processing delays’.

Relevant section in your Terms and Conditions:

Section 4 ‘Processing Transactions’, section 16 ‘Mail Order / Telephone Order Merchants’, section 18 ‘EFTPOS Air’, section 27 ‘Financial Crimes Monitoring and Anti-Money Laundering’ and section 39 ‘Our liability is limited’.

Row 3 – ‘No Westpac Guarantee’, is updated as follows:

Relevant section in your Terms and Conditions:

Section 10 ‘Online access to statements and other information about your merchant facilities’, and section 21 ‘Creditworthiness of the Cardholder’.

Row 5 – ‘Use and disclosure of information’, is updated as follows:

Key Term:

‘We may use the information you provide us and disclose it to third parties in a number of ways’.

Relevant section in your Terms and Conditions:

Section 25 ‘Fraud prevention’, section 28 ‘Termination’, section 29 ‘Privacy Law and Use of Information’, section 27 ‘Financial Crimes Monitoring and Anti-Money Laundering’ Also see all privacy consents in the Application and any other Privacy Documents. 

Row 7 – ‘Equipment’, is updated as follows:

Key Term:

‘If we have supplied the Equipment to you, you must take care of and follow our requirements for the Equipment and allow our representatives to enter your premises during business hours (except between the hours 12 midday to 2pm unless in emergencies) or at any other reasonable time, to access the Equipment to install, move, maintain, repair, replace or remove the Equipment. In addition, you must at your expense, prepare a site for the Equipment - so that it meets our specifications. Additional obligations apply for Terminals not supplied by us.'

Row 12 – ‘Refusals and Chargebacks’, is updated as follows:

Key Term:

‘We agree to absorb chargebacks however we will notify you if you have excessive Chargebacks. You must take immediate action to resolve the issue Failure to resolve the cause of the problem in accordance with our instructions may result in Chargebacks.

notify you’.  

Relevant section in your Terms and Conditions:

Section 8 ‘Invalid Transactions’, ‘Chargebacks’ of the C Fraud and ‘What if a card is faulty?’ of the Operating Guide

Row 17 – ‘Customer Information’, is updated as follows:

Relevant section in your Terms and Conditions:

Section 16 ‘Mail Order/ Telephone Order Merchants’ and section 23 ‘Notices’

The second paragraph is deleted and replaced with:

‘If we have supplied the Equipment, you and/or the franchisees, will allow (and where applicable ensure you have the right to permit) our representatives to enter your premises or those of your franchisees during business hours (except between the hours 12 midday to 2pm unless in emergencies)  or at any other reasonable  time, to access the Equipment to install, move, maintain, repair, replace or remove the Equipment or to ensure that you and/or the relevant franchisee are complying with this Agreement.  We will give you and/or the relevant franchisee a minimum of 24 hours' notice and will use reasonable endeavours to minimise disruption to yours or your franchisees' business activities and we will only undertake these actions for legitimate and reasonable purposes”.

Under ‘If you use Terminals supplied by someone other than us, you must:’, Item ‘h’ is replaced with:

‘we may supply you with Equipment, Manuals, and Card Schemes promotional material from time to time. You agree to display prominently all signs, advertising, and promotional material related to the Card Schemes and the Rules, that we supply to you at each of your premises. You must not use any advertising or promotional material concerning the Cards, except as authorised by us’.

The sentence ‘For the duration of the Agreement, you must:’ before list (a)-(l) is replaced with:

‘If we have supplied the Equipment to you and/or the franchisees, for the duration of the Agreement, you must:’

Under the sub-heading ‘For the duration of the Agreement, you must:’, Item ‘b)’ is replaced with:

‘unless otherwise agreed by the parties, allow only us (or our representatives) to maintain, replace (including any upgrades performed by us from time to time) or remove the Equipment;’.

Under ‘For the duration of the Agreement, you must:’, Item ‘d)’ is replaced with:

‘keep the Equipment secure and under your control, and (unless it is a mobile Terminal) at the premises at which it is configured’.

The provisions ‘You acknowledge and agree that ownership of the Equipment, Manuals, Card decals and promotional material we provide you always remains with us or our suppliers, and is not transferred to you.‘ is replaced with:

‘You acknowledge and agree that ownership of the Equipment, Manuals, Card decals and promotional material we provide you always remains with us or our suppliers’.

The paragraph ‘We may at any time replace any Equipment with new Equipment. If we replace any Equipment, we will provide at least 30 days’ notice of any additional amounts payable by you to us. When requested, you must discontinue use of any Equipment that has been replaced. You must also follow our reasonable directions regarding the return or disposal of any Equipment which has been replaced.’ Is deleted and replaced with:

If we have supplied the Equipment to you and/or the franchisees, we may at any time replace any Equipment with new Equipment. If we replace any Equipment, we will provide at least 90 days’ notice of any additional amounts payable by you to us. When requested, you must discontinue use of any Equipment that has been replaced. You must also follow our reasonable directions regarding the return or disposal of any Equipment which has been replaced’.

The last paragraph is replaced with:

‘For any Equipment supplied by us, your rights in the Equipment do not extend beyond a non-transferable non-exclusive licence to use the Equipment solely for your lawful Transactions in Australia’.

The sentence ‘When processing transactions offline (for EFTPOS terminals only), such as in Electronic Fall Back Mode (EFB) and without real-time authorisation from the Card issuer, you will be held responsible for any resulting fraudulent Transactions or chargebacks.‘ is replaced with:

‘When processing transactions offline, such as in Electronic Fall Back Mode (EFB) and without real-time authorisation from the Card issuer, you may be held responsible for any resulting fraudulent Transactions or chargebacks’.

The sentence ‘We may authorise you in writing to offer Cash Out Transactions on any reasonable conditions we specify.’ Is replaced with:

‘We authorise you in writing to offer Cash Out Transactions on any reasonable conditions we specify’.

Under ‘A Transaction is invalid if:’, Item ‘i)’ is replaced with:

‘you have not retained your copy of the receipt (including any copy signed by the Cardholder) for 90 days from the date of the Transaction, or if you do not give us the tally roll receipt within 5 Business days of a request by us for production of that receipt’. 

The provisions under ‘We may refuse to accept, or may Chargeback, any Transaction if:’ are replaced with:

‘We agree to absorb Chargebacks however we will notify you if you have excessive Chargebacks. You must take immediate action to resolve the issue. Failure to resolve the cause of the problem in accordance with our instructions may result in Chargebacks.

We may refuse to accept, or may Chargeback, any Transaction if:

a)    the Transaction is invalid or we reasonably consider it to be invalid;

b)    the Cardholder claims the Transaction is invalid or disputes liability for any reason;

c)    you process a cancelled Recurring Transaction;

d)    the Cardholder asserts a claim for set-off or a counterclaim;

e)    the sale amount exceeds the Authorised amount;

f)     the sale relates to an expired Authorisation’.

The second to last paragraph is replaced with:

‘You acknowledge that Chargebacks may be processed to your Account up to 18 months after the date of the original Transaction. You may remain liable for Transactions processed prior to any closure of your Merchant Facility. If there is a Chargeback after your Merchant Facility has closed, we may issue a demand for payment by sending it to the email or postal address, as provided by you, during the term of this Agreement. By doing so, this will be deemed sufficient notice’.

Under ‘You authorise us, from time to time, to debit your Account in respect of:’, Item ‘g)’ is replaced with:

‘when we give you 60 days’ notice (and a further 30 days if an extension of time is granted by the Card Schemes), any fees, fines or penalties that we are required to pay to Card Schemes under the Rules as a direct or indirect result of your failure to observe your obligations under the Agreement including any procedures set out in the Manuals and guides’ ; and

Item ‘i)’ is replaced with:

‘our maintenance of the facilities we supply you under the Agreement and limited to the agreed rates under the Agreement’.

The second paragraph under the sub-heading ‘EFTPOS Air Merchant Portal’ is replaced with:

‘You are not liable where the activity occurs due to our fraud, gross negligence, or wilful misconduct or where you have not contributed to the fraud, gross negligence or wilful misconduct’.

Under the sub-heading ‘Receipts and Invoices’, the sentence ‘You agree to comply with all Privacy Laws in relation to your customer’s personal information’ ‘is replaced with:

‘Both parties agree to comply with all Privacy Laws in relation to your customer’s personal information’.

Item ‘f)’ is replaced with:

‘provide us with relevant financial information in relation to any Transactions’.

The Time Frame for ‘Any other term or condition.’ is replaced with:

“We will notify you directly, in writing or electronically as soon as reasonably possible (which may be before or after the change takes effect) or, if the change is unfavourable, by giving you at least 90 days’ notice”.  

Item ‘b)’ concerning electronic communication is replaced with:

‘You consent to Westpac communicating electronically with you about your Merchant Facility. By doing so, you nominate and authorise Westpac to act on instructions it has received electronically from an email address you have provided to us’. 

From ‘You agree that at all times during the term of this Agreement, you will maintain a valid: …’ to ‘when the email enters the email server associated with your email address.’, has been replaced with:

‘You agree that at all times during the term of this Agreement, you will maintain a valid:

a) email address able to receive messages with a file size up to 8 megabytes including attachments and capability to download files from westpac.com.au;

b) mobile phone number;

c) postal address.

You must give us at least 4 Business days’ notice if any of the above addresses or numbers will be changed for any reason.

It is your responsibility to ensure that your emails, mobile phones and postal addresses are checked regularly.

Notices sent by us will be considered to have reached you:

a) either when it is left at the relevant address using standard post or 5 Business days after being deposited in the post (whichever happens earlier);

b) if by registered post, when recorded as being delivered; or

c) if by email (including where an email specifies an external address for accessing information) when the sender’s email computer software confirms that the message has been sent and the sender’s computer software does not receive a delivery failure notification in respect of such email.’

Item ‘g)’ is replaced with:

‘any fees, fines, or penalties (including but not limited to Card Scheme fines) that we are required to pay as result of your failure to observe any of the procedures, requirements or obligations you were required to follow under the Agreement’.

Number ‘ii’ under ‘However, this indemnity does not apply to the extent that the indemnified amount arises because of:’ is replaced with:

‘a breach of a Banking Code obligation or mandatory statutory obligation to act fairly and or reasonably by;

us (including through our officers, employees, contractors or agents)’.

Under the sub-heading ‘Account Data Compromise (ADC) Events’, item ‘b)’ and item ‘c)’ are replaced with:

‘As soon as you become aware that an actual or suspected ADC or breach of confidential Card Information has occurred (whether through your Service provider or otherwise) you must comply with the ADC procedures set out in this section 25 and detailed in the booklet “Your Guide to the Payment Card Industry Data Security Standards” that we provide to you.

If there is an actual or suspected ADC or if there has been any actual or suspected Terminal manipulation:

…

b) If you use the services of an external Service Provider, you must provide Westpac with written evidence that each such external Service Provider is fully compliant with the PCI DSS.

c) You must pay all reasonable costs in connection with our analysis, investigation and resolution of the ADC or Terminal manipulation, and must also pay any fines imposed by a Card Scheme under section 9’.

The second, third and fourth paragraphs are replaced with:

“You may terminate this Agreement or use of an underlying Merchant Facility by providing us with 90 days’ written notice to the address in this booklet. Unless such notice is provided, your Agreement (including fees and charges) will continue to apply, notwithstanding that you may have returned Equipment to us or securely discontinued its use.

It is your obligation to reconcile your Account after termination of this Agreement and notify us within a reasonable time of any discrepancies.

We may terminate this Agreement or use of an underlying Merchant Facility at any time and for any reason, by giving you not less than 90 days' written notice of our intention to terminate”.

 Item ‘a)’ and item ‘c)’ of the fifth paragraph, referring to reasons for termination of the Agreement or use of an underlying Merchant Facility, are replaced with:

“We may also terminate the Agreement or use of an underlying Merchant Facility at any time, for the following reasons:

(a)             a Merchant Facility does not comply with the Rules and Laws;

…

(c) you have substantially changed your line of business, or the types of goods or services that you supply to your customers or clients without first notifying us and receiving consent.  For the avoidance of doubt, this clause does not extend to you or your franchisees changing items on yours or their menus;”.

The eleventh paragraph, referring to the termination of the Merchant Facility or the Agreement, is replaced with:

‘On termination of the Merchant Facility or the Agreement you will immediately return all relevant Equipment owned by us, and continue to pay fees and charges (incurred) until the Equipment is returned to us. If the Equipment is not returned to us immediately, as per this section, you authorise us to enter the premises where the Equipment is kept and take possession of the Equipment without notice to you.  For the avoidance of doubt, you are not required to return any terminals owned by you/McDonald’s Australia Ltd or any terminals that McDonald’s Australia wishes to purchase’. 

The paragraphs, referring to the collection, storage, use and disclose of information about (or relating to) you, are updated from (and including) item ‘’e)’ as follows:

‘In addition to paragraphs (a) to (d), you consent to our use and disclosure of your confidential information and personal information to:

e) McDonald's Australia Limited (McDonald's). This information will be provided to McDonald's for use in connection with operational or risk and compliance matters; or

f) conduct data analytics activities, including to assist the Westpac Group and/or other parties; or

g) enable the development, provision, promotion, enhancement or improvement of goods or services (including data products) offered by other parties.

But, we will not disclose your confidential or personal information to other parties that we’ve mentioned here under paragraphs (f) and (g) for their own use without making sure the disclosure (including outputs of analytics) has undergone a de-identification process or unless the disclosure is otherwise allowed based on our terms with you or applicable Law, or you have consented to it.

The de-identification process referred to in paragraphs (f) and (g) above is a process designed to remove any of your confidential information or personal information that is reasonably identifiable within the output data or disclosed information’.

The paragraph referring to the use of the term ‘personal information’ in the Agreement is replaced with the following:

“In addition, you acknowledge that information referred to in this section may include personal information, and where the term ‘personal information is used in the Agreement, that term is as defined by the Privacy Act 1988 (Cth). Both parties agree to comply with any Privacy Laws by which we are bound”. 

The ‘Marketing Communications’ paragraph has been updated to include the following:

‘Where you are opted-in to receiving marketing communications, the following clause applies’.

Sub-clauses 30(b)(iv) and (x) is deleted

Sub-clauses 30(c)(iv), (vi), (x) and (xi) is deleted

References to ‘American Express card acceptance‘, ‘Mail Order/Telephone Order (MOTO)’ ‘Merchant Choice Routing’ and ‘Multi-Merchant for Primary/Subsequent merchants’ in clause 30(c)(xiii) are deleted.

The second paragraph is replaced with:

‘You must not substantially change your line of business, or the types of goods or services that you supply to your customers or clients, without first notifying us. The parties acknowledge that this clause does not extend to you or your franchisees changing items on yours or their menus’.

The following item is deleted:

‘You agree:

a) that we may complete any document on your behalf relating to this Agreement (such as Corporations Act forms, financing statements or financing change statements);’

The third and fourth paragraphs are replaced with:

‘Neither party may assign its rights or novate its rights and obligations under the Agreement without providing at least 30 days’ notice to the other party.

If notice to an assignment is given by either party, each party agrees to do anything reasonably necessary to give effect to the assignment or novation contemplated in this clause 38’. 

The sub-section titled ‘Limitation of liability for Integrated Payment Solutions’ is replaced with:

‘General liability limitation

You acknowledge that McDonald’s Australia Limited (McDonald’s franchisor) and Westpac have agreed that, subject to exceptions, total claims across all McDonald’s owned and operated or franchised restaurant locations, for disruption or outages to Westpac systems, technology or Terminals are limited to $1,000,000 per Year.  'Year' for the purpose of this section means the period commencing from date of the McDonald’s franchisor and Westpac agreement (‘effective date’) and expiring on the anniversary of that effective date and each subsequent 12 month period during the term of that agreement.   For clarity, liability claims that are accepted in relation to disruption or outages to Westpac systems, technology or Terminals are payable to the McDonald’s franchisor only. If you have any questions in relation to this section, please contact the McDonald’s franchisor’.