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Digital Forms Platform Terms & Conditions

For Westpac, St George Bank, Bank of Melbourne and Bank SA customers in Australia and New Zealand. 

Important information

These Terms and Conditions, together with any other supplementary terms and conditions or notice we give you, form the governing terms of the Digital Forms Platform. Terms and conditions specific to your accounts or services accessible via the Digital Forms Platform may also apply. You should carefully read and consider these documents before making a decision about whether or not to use the Digital Forms Platform.


The Digital Forms Platform is provided to you by:

Westpac Banking Corporation

275  Kent Street

Sydney NSW 2000

Australian Financial Services Licence No. 233714


If there’s anything in this document that you would like to know more about, please contact your Westpac representative.

Accessibility support

At any time, you can inform us how you would prefer to be contacted.

If you are an Australian customer deaf and/or find it hard hearing or speaking with people who use a phone, you can reach us through the National Relay Service (NRS). To use the NRS, you can register by visiting accesshub.gov.au/about-the-nrs.


Visit westpac.com.au/web-accessibility for further information on our accessible products and services for people with disability.


If you are a New Zealand customer and are deaf and/or find it hard hearing or speaking with people who use a phone, you can reach us through the New Zealand Relay Service (NZ Relay). To use the NZ Relay, you can register by visiting nzrelay.co.nz. New Zealand customers may also visit westpac.co.nz/about-us/accessible-banking/ for further information on our accessible products and services for people with disability.

1. Introduction

1.1 What is the Digital Forms Platform?

The Digital Forms Platform is a secure online service platform, specifically designed for customers to allow them to complete digital forms for various transactional and financial markets products and services.

1.2 Features

Subject to clause 4 below, the Digital Forms Platform is available 24 hours a day, 7 days a week.

2. Before you use the Digital Forms Platform

To ensure the highest level of security and to optimise your Digital Forms Platform experience, we recommend you ensure your browser is up to date before you access the Digital Forms Platform.


You must take all responsible steps to ensure:

  • You are adequately authorised by your Organisation to access and operate the Digital Forms Platform on behalf of your Organisation
  • That you are adequately trained and skilled to access and operate the Digital Forms Platform
  • That your access to the Digital Forms Platform is for the sole purpose of completing digital forms for transactional and/or financial markets products and services. 

3. Digital Forms Platform Usage

By using the Digital Forms Platform you agree to comply with these terms and conditions and the requirements outlined in this guide.

4. Digital Forms Platform availability

Access to the Digital Forms Platform is provided via  https://businessforms.westpac.com.au. We may vary the access hours from time to time, and where possible notification will be provided in advance on the Digital Forms Platform.


We will not be responsible for providing access outside of these hours.


If the Digital Forms Platform is unavailable due to operational disruptions, please contact your relevant Westpac representative to discuss alternative methods.

4.1 General use of the Digital Forms Platform portal

a) You acknowledge that other than for the purpose of using the Digital Forms Platform portal, you must not modify, adapt, delete or replace any pages, material or other data on, or accessible from, the Digital Forms Platform portal or link or append any material or other data to the site, or data contained on it.

b) You agree that you will not input any information into the portal which:

(i) Breaches the intellectual property rights or privacy of any person

(ii) Breaches any law

(iii) Is or may be taken to be defamatory, libellous, threatening or constituting harassment

(iv) Is or may be taken to be obscene or indecent

(v) Contains references to products or services of any other organisation without our prior approval, which approval may be held in our reasonable discretion

(vi) Contains any viruses, malware, spyware or other computer programming routines which are intended to damage, disrupt, interfere with, intercept, expropriate or otherwise compromise any system, data or personal information. 

5. Instructions

5.1 Instructions

a) We are not obliged to accept Instructions or forms that are not correctly created and/or authorised. Should this occur, you will be required to complete the Instruction again.

b) Except to the extent otherwise permitted by law, if you:

(i) Become Insolvent; or

(ii) Otherwise fail to perform or observe any obligation under this Agreement and fail to remedy such breach within fourteen (14) days of receipt of written notice from us requiring such breach to be remedied; or

(iii) Are involved, or we suspect, on reasonable grounds, that you are involved, in any fraudulent activity or misuse of the Digital Forms Platform; or

(iv) Engage in unsatisfactory conduct, and/or we reasonably consider it necessary to comply with our policies, Australian law or sanctions (or the law or sanctions of any other country), to comply with our regulatory and compliance obligations or to manage associated risk.


We are entitled to immediately cease accepting any Instructions or forms from you through the Digital Forms Platform. Where commercially practicable, we will provide reasonable notice of our intention to terminate, but in some circumstances we may need to act without notice.

5.2 Deemed authority

You agree that:

a) We are authorised to act upon any Instructions or requests given through the Digital Forms Platform as Instructions or requests that are undertaken with your authority without us being required to verify your authority in any case

b) We are not required to check the accuracy of any Instructions or notifications unless relevant Westpac employees or agents are aware of facts that provide reasonable grounds to suspect otherwise. In consideration of us so acting you release us from all actions, suits, proceedings, claims, costs and demands that may be made, brought or incurred by or against us arising from any unauthorised or incorrect Instructions or requests.

5.3 Providing incorrect information

If we provide information in relation to an Instruction that is incorrect, you must notify us as soon as practicable of the error.


You must ensure all information you input into the Digital Forms Platform is correct before you provide your Instructions.


We are not liable for any failure on your part either to follow procedures correctly or to input correct information into the Digital Forms Platform.

6. Unauthorised access of the Digital Forms Platform

You must ensure that you protect your Digital Forms Platform link and Passcode.


You must only access the Digital Forms Platform site using an appropriate login.

6.1 Your responsibilities

Extreme caution should always be exercised when using public computers (e.g. at cybercafés) for any purpose. There are also a number of steps your organisation should take to protect its computers, systems and networks.

6.2 Protecting your Digital Forms Access Code 

You must keep all elements of your Digital Forms Access Code secure and protected from unauthorised use. Once we provide a Digital Forms Access Code to you, we will not be obliged in any circumstances to enquire whether an act done using that Digital Forms Access Code in connection with the Digital Forms Platform is a proper act in accordance with your authority.

7. Privacy

7.1 Privacy Statement (for individuals whose personal information may be collected – in this clause referred to as ‘you’)

All personal information and credit-related information (if applicable) we collect about you is collected, used and disclosed by us in accordance with our Privacy Statement which is available:


You do not have to provide us with any personal information or credit information (if applicable) but, if you don’t, we may not be able to process an application or a request for a product or service.


Where individuals engage with us in relation to products and services for our business, corporate or institutional customers (for example, as representative, administrator, director, corporate officer, signatory, beneficiary or shareholder of one of our customers) our Privacy Statement will be relevant to those individuals where we collect and handle their personal information. For example, where we collect their personal information to verify their identity or collect their signature as a signatory on a corporate account.

7.2 Privacy Obligations

This clause applies if personal information (including of any staff or authorised users of the Service) is provided to Westpac by or on behalf of the Client or collected directly by Westpac in relation to any Service (Services PI).


With respect to Services PI, in addition to complying with its own obligations under the Privacy Act, the Client must:

a) Take reasonable steps to notify (or, if requested, assist Westpac to notify) each individual whose personal information may be collected by or provided to Westpac that Westpac will collect, use and disclose Services PI in accordance with the Westpac Privacy Statement, which can be found at the webpages referred to in clause 7.1 above  or obtained by contacting your Relationship Manager or Westpac representative

b) With respect to any incident or data breach involving Services PI:

(i) Immediately notify Westpac in writing to your Relationship Manager

(ii) Provide such assistance as Westpac may reasonably request, or comply with any reasonable direction Westpac may give, regarding notification or resolution of any incident or data breach (however arising).


To the extent that it applies, the Client must comply with the Privacy Act 1988 (Cth) in relation to any personal information it provides to Westpac in connection with this Agreement, and if the Client engages in activities in a jurisdiction other than Australia, it must comply also with the applicable privacy laws in that jurisdiction.

8. Changes to Terms and Conditions

We may change the terms and conditions that apply to the Digital Forms Platform from time to time and any changes will be notified at the time you access the Digital Forms Platform electronically.


By ‘electronic’ or ‘electronically’, we mean:

  • Making particulars of changes available on our website (and which are also accessible from the Digital Forms Platform); or
  • Providing notification on the Digital Forms Platform; or
  • Electronic communication to your nominated electronic address.

9. General Provisions

9.1 Banking Code of Practice (‘Banking Code’) – Australia and New Zealand

Westpac has adopted the Australian Banking Association Banking Code of Practice and the New Zealand Banking Association Code of Banking Practice.  Each code sets out the standards of practice and service for Australian banks to follow when dealing with certain customers.


In Australia, if we provide you with a ‘banking service’ and you are an ‘individual’ or a ‘small business’ (each term as defined in the Banking Code), the relevant provisions of the Banking Code will apply in addition to, and prevail to the extent of any inconsistency with, these terms and conditions.


In New Zealand, the relevant provisions of the Code of Banking Practice won’t apply if you are a wholesale customer (as defined in the Code).


You can obtain a copy of the Banking Code from our website westpac.com.au, your Westpac representative or any of our branches. Please let us know if you would like to discuss whether or not the Banking Code will apply to you.

9.2 Liability

A. Limitation

You acknowledge that the Digital Forms Platform may malfunction or become temporarily unavailable due to a computer malfunction or network congestion. We will have in place reasonable procedures to avoid unintended interruption of the Digital Forms Platform. We will have the right to suspend the service at any time to perform certain administrative tasks and scheduled maintenance and if, in our opinion, a serious threat is posed to any part of the system supporting the Digital Forms Platform. We will use reasonable endeavours to notify you in advance via the Digital Forms Platform where maintenance is scheduled.

B. Liability

Subject to any express or implied rights that cannot under applicable laws be excluded by agreement between the parties:

a) We make no warranties, either express or implied, as to merchantability, fitness for a particular purpose, or otherwise (including as to accuracy, currency, availability, completeness or quality), with respect to the Digital Forms Platform and

b) We will not be liable for any Loss incurred by you directly or indirectly in connection with your use of the Digital Forms Platform, as a result of or arising out of:

(i) Any delays, failures or inaccuracies in the transmission of any information to you, transmission of your Instructions or any other communications that was not caused or contributed to by us

(ii) Operational disruptions to the Digital Forms Platform

(iii) Any Loss or liability arising from the acts or omissions or fraud of third parties or your agents and employees, such as your computer systems, internet service provider (ISPs) and other service providers, including other parties involved in processing Instructions or payments.

 

Except where to do so would contravene any law or make any part of this clause void or unenforceable, in no event shall either party be liable for any indirect, special or consequential Loss (including, without limitation loss of profits or revenues) whether arising in contract, tort (including negligence) or otherwise resulting from the other party’s use of the Digital Forms Platform. Our liability shall in any event be limited to the re-supply of the service.


You indemnify us and all of our employees, agents, related parties and associates for and against any Loss to the extent that the Loss is not caused by any fraud, wilful misconduct or negligence on the part of us or any person acting on our behalf:

a) Incurred as a result of your use of the Digital Forms Platform otherwise than in accordance with these Terms and Conditions, us relying upon and acting in accordance with any Instruction provided by you, your failure to settle any Service Request by the due date or because you did not observe any of your obligations under this Agreement

b) Suffered due to any claim, demand or action of any kind brought against us or incurred by us, because you acted negligently or fraudulently in connection with these Terms and Conditions.

9.3 Governing Law

Unless we advise you otherwise, these Terms and Conditions are to be governed and construed in accordance with the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts in New South Wales.

9.4 What to do if you have a problem or dispute

If you have a problem or complaint, we aim to resolve it at your first point of contact with us.


If you have a complaint you should reach out to your Relationship Manager or Westpac representative in the first instance.


a) If you are an Australian customer, and we cannot resolve your problem or complaint at your first point of contact, we will escalate it to our National Customer Relations Unit. You can also contact our National Customer Relations Unit on:

1300 130 206

Go to our website, westpac.com.au and click on ‘Contact  us’

(02) 9220 4177

NCRU

GPO Box 5265, Sydney NSW 2001

 

If you feel we did not act fairly in the way we handled your complaint or in the way we resolved your complaint, you can ask the Customer Advocate to review the matter for you. The Customer Advocate’s role is to act as independently as possible to make sure that Westpac has treated you fairly.  You can contact our Customer Advocate on:

1300 301 977

Customer Advocate
GPO Box 5265, Sydney NSW 2001

 

If you are not satisfied with our response, you may be able to lodge a complaint with the Australian Financial Complaints Authority (AFCA). AFCA’s contact details are:

www.afca.org.au info@afca.org.au

1800 931 678 (free call)      

Australian Financial Complaints Authority

GPO Box 3, Melbourne VIC 3001


b) If you are a New Zealand customer and have a problem or complaint, contact us on:

0800 659 307

Attention: Chief Operating Officer

Westpac Banking Corporation – New Zealand Branch

PO Box 934

Auckland 1140


When contacting us, please provide:

  • Your name and address
  • Details of your concern
  • What you would like us to do to put things right
  • How you would like us to contact you e.g. phone number and best time to call, or email address
  • Any other relevant information

 

We’ll acknowledge your concern within five working days and work to resolve it as quickly as possible. We’ll confirm that we are looking into your concern, and let you know when you can expect a response.


We’ll also keep you updated on our progress.

10. Definitions

Digital Forms Access Code means a confidential alphanumeric password containing twelve alphanumeric characters, provided to you by us.

Insolvent (if you are in Australia) means, unless we advise you otherwise in supplementary terms and conditions, an insolvent or an insolvent under administration (each as defined in the Corporations Act 2001 (Cth)), a bankrupt, having a receiver, receiver and manager or administrator, official assignee or statutory manager appointed, in liquidation or provisional liquidation, being wound up or dissolved or subject to any arrangement or composition.

Insolvent (if you are in New Zealand) includes not satisfying the solvency test set out in section 4 of the Companies Act 1993 (with such modifications as are appropriate where you are not a company or are not a company incorporated in New Zealand), committing an act of bankruptcy for the purposes of the Insolvency Act 2006, or being unable to pay debts as they fall due, in receivership, in receivership and management, subject to statutory management (or any step is taken to declare the person to be subject to statutory management or at risk under any statute providing for statutory management), subject to judicial management, under administration or reconstruction, in liquidation, in provisional liquidation, deregistered, wound up, dissolved, subject to any arrangement or assignment for the benefit of creditors or compromise or composition with creditors, or (regardless of corporate nature) subject to any proceedings under foreign law which has an analogous effect to any of the above.

Instruction means an instruction that you give us using the Digital Forms Platform.

Loss includes, without limitation, any expense, costs, liability, claims, damages, fees, taxes, duties, penalties, interest, legal costs (on a full indemnity basis), judgment, direct loss.

Organisation means the corporate, business or government customer on whose behalf access to the Digital Forms Platform is being used to facilitate the completion of digital forms for various Westpac Group transactional and financial markets products and services.

Sanctioned Jurisdiction means a jurisdiction listed at westpac.com.au/osaccess (for Australian customers) or westpac.co.nz/about-us/legal-information-privacy/economic-trade-sanctions/ (for New Zealand customers).

Westpac Group means Westpac and its related companies.

We, Westpac, our, us means Westpac Banking Corporation ABN 33 007 457 141 (including where acting under any of its Westpac, St George, Bank of Melbourne or BankSA brands or through its New Zealand and other branches).

You, your means you, the authorised person accessing and operating the Digital Forms Platform on behalf of an Organisation and any person using a Digital Forms Access Code to access the Digital Forms Platform.

 

Westpac acknowledges the traditional owners as the custodians of this land, recognising their connection to land, waters and community. We pay our  respect to Australia’s First Peoples, and to their Elders, past and present.

Things you should know

© Westpac Banking Corporation ABN 33 007 457 141 AFSL and Australian Credit Licence 233714.