website terms of use

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Why have Terms of Use?

You need to be aware of certain things when you use our websites, link to them from your own site, or visit other sites via a link from ours. These Terms of Use explain those things and set out the legal relationship between you and us in connection with our websites.

By using our website you accept these Terms of Use

By accessing, viewing, relying on or otherwise using our websites, you accept these Terms of Use and agree to be bound by them and by any other notice contained on our websites (as amended from time to time).

If these Terms of Use are inconsistent with any product or service-specific notice, the provisions of the specific notice apply to the extent of the inconsistency.

These Terms of Use may also apply where we advertise or offer our services or products on Bankwest websites operated by third parties. Whenever that is the case, we put a note on the third party website to let you know. You agree that, in those circumstances, you will read these Terms of Use and these Terms of Use apply to your use of that website as if it was our website.

These Terms of Use apply to:

If you do not accept these Terms of Use you are not authorised to use our websites.

About our websites

Our websites are provided for use by Australian residents only, and the products and services described in them are not directed at anyone outside Australia.

If you are not a Bankwest customer and are accessing our website outside Australia, you must not attempt to submit any online application or request for a product or service. Online applications and requests initiated outside Australia are not accepted from anyone who is not an existing Bankwest customer.

The information in our websites is prepared in accordance with the laws of the State of Western Australia, and the Commonwealth of Australia. The websites may not comply with the laws of any other country.

While we try to make sure there are no mistakes in the information on our websites, we do not warrant the accuracy, adequacy or completeness of the information or that it is suitable for your intended use. So we recommend that you seek independent advice before acting on any information on our websites.

Also, all information is subject to change without notice.

Accessing our websites from a mobile device

If you access our website from a mobile device, you may not be able to access the full range of services which are ordinarily available from our website.  This includes opening documents in a portable document format (PDF), accessing pages requiring Flash player and making an application for a product.  If you are unable to view relevant information, including disclosure documents such as our Financial Services Guide or a Product Disclosure Statement for a product, you will need to obtain the information or document by accessing our website from a computer.  You must not submit any online application or request for a product or service if you are unable to open all disclosure documents relating to that product or service.

Website security

If your browser is set up correctly, it should tell you whether the information you are sending us is secure (encrypted) or not (unencrypted). If it is secure, we currently use 128 bit SSL encryption.

Although we regularly review developments in security and encryption, except where our No Loss Security Guarantee applies to use of Online Banking, we do not guarantee that information transmitted over the internet is totally secure. Therefore, when you send us information (including via an on-line form or product), you do so at your own risk. Once we have received it, we take reasonable steps to keep the information secure while it is in our own systems. We encrypt personal information before sending it over the internet to third parties - even so, we do not guarantee that it is secure.

Your use of our website is at your own risk. We do not guarantee that our websites are free from viruses, or that access to our sites will be uninterrupted. You should therefore ensure that the way you access our websites does not expose your equipment to the risk of viruses or other forms of interference which may damage it.

Information about you & your privacy

Our Privacy Policy sets out how we deal with personal information generally. If these Terms of Use are inconsistent with our Privacy Policy, these Terms of Use apply to the extent of the inconsistency.

Collecting information & cookies

When you use our websites, we may collect personal information about you. Ordinarily, we tell you the purposes for which we collect that information when it is collected.

As a general rule, we only collect such information which is necessary for us to provide a product or service to you or to maintain our relationship with you.

The information we collect about you depends on how you use our websites and may involve the use of "cookies", as explained below.

What is a "cookie"?

A cookie is a small text file placed on your computer hard drive by our web page server and which we can later access. Cookies are frequently used on websites and you can choose if and how your computer accepts them by configuring your preferences and options in your browser.

How we use cookies

We use cookies so that we can improve our websites and learn how to provide you with a better and more customised service. We use them for two different purposes:

  1. we allocate a cookie to your internet browser if you visit our websites (including if you visit an unsecured area - such as one which does not require you to log on to the relevant page). The cookie allows us to:
    • allocate a Bankwest identification number to your internet browser
    • determine if you have previously visited our website
    • identify pages you have accessed and third party websites you have visited
  2. we use cookies for security and personalisation in relation to the many secure services on our websites such as:
    • online banking
    • online applications

If you have provided your personal information through the use of our online facilities, such as an online enquiry form or online banking, we would be able identify you from the information provided, and track your browsing activities on our website from the cookie.

So, if you want to make full use of our websites, you need to set up your browser to accept cookies. You may still be able to use some information-only pages if you choose not to accept cookies.

Information you give us

If you use any of our interactive facilities - such as home loan calculators and online application forms - we do not capture any personal information which could identify you, without your consent.

Advertising & tracking

Monitoring our advertising effectiveness

We use several advertising companies for our online advertising. This often involves displaying a banner advertisement on a third party website.

When you visit a third party website which displays one of our banner advertisements or use a link on our website to visit a website operated by a third party, the third party website may use cookies or spotlight tags (or both) to collect information such as:

  • the server your computer is logged onto
  • your browser type
  • the date and time of your visit

And we may receive a copy of that information or access to it as part of our arrangements with the third party. (Third party websites are not subject to our privacy standards so you should review the privacy policy and any other relevant notice that appears on a third party website.)

Also, when you visit our website after following a link from one of our advertisements on a third party website, information is collected on how you use our website. This might include which pages you view, and whether you start and complete an online application.

In each case, the information is collected principally so that the effectiveness of the advertising can be measured.

We may also share with other third parties cookie information, information about your preferences or other information you have given the third party. We do not ordinarily share any personal information which could identify you, without your consent.

Tracking

We also use tracking companies - such as Nielsen NetRatings - to collect information about how you use our websites. These companies also use cookies to collect information similar to that which is collected by advertising companies.

The tracking companies aggregate all the information and use it to study internet user behaviour patterns. They do not include personal information in their studies and use the information mainly to measure advertising effectiveness and relative consumer interest in the various areas of our websites. As a general rule, no personal information is collected during the tracking process. However, if any personal information is collected by these automated processes, our arrangements with the tracking companies require them to maintain the privacy and confidentiality of that information.

We may disclose the aggregated information collected to third parties including advertisers or potential advertisers.

Emails

We store the content of any email you send us. We may monitor the content for security issues - such as where email abuse is suspected. Our reply to you may also be monitored to help us meet our quality assurance goals.

Third party websites & products

Our websites may contain links to other websites operated by third parties. We do not endorse or otherwise approve the owners or operators of the third party websites, or the information, graphics and material on those websites or the goods or services (including software) offered on those websites.

Unless we tell you otherwise, any software you download from a third party website is their product and not ours. We point this out because some products may be subject to a licence agreement between you and the third party.

To the extent permitted by law, we are not responsible or liable for, and give no warranty in respect of, any third party website or the goods and services (including software) offered on any third party website. We do, however, welcome your feedback or suggestions concerning them.

We may receive payments from operators or owners of third party websites in relation to goods or services supplied to you by them as a result of you visiting their website via a link on ours.

Third party websites are not subject to our privacy standards so you should review the privacy policy and any other relevant notice that appears on a third party website.

Limitation of liability

To the extent permitted by law, neither we, nor any of our employees, agents or officers are liable to you for any loss or liability arising from, or any costs, charges or expenses you incur in connection with:

  • information on our websites
  • your use of our websites
  • any modification, suspension or discontinuance of our websites

This limitation applies whether your claim would otherwise arise in contract, under the law of torts (including negligence), by statute or otherwise.

Our liability for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at our option, to:

  • the supply of the goods or services again
  • the repair of the goods, or
  • the payment of the cost of having the goods or services supplied again or repaired.

Copyright & trademarks

The material on our websites is protected by copyright. Other than for the purposes and subject to the conditions prescribed under the Copyright Act 1968 (Cth), you must not reproduce, upload to a third party, link to, frame, store in a retrieval system or transmit any part of it without our prior written consent. This prohibition applies to such actions regardless of their form or means (electronic, mechanical, microcopying, photocopying, recording, or otherwise).

You must not commercialise (in any form or by any means) any information, products or services contained on our websites without our prior written consent.

Our websites include registered trade marks owned by us (or our licensors). You must not use any of these trade marks in any way without our prior written consent.

Changes to these Terms of Use

These are our current Terms of Use. They replace any others which have appeared previously on our websites. We may amend these Terms of Use at any time. If we do, we will publish the amended version on our website. By accepting these Terms of Use, you agree that our publishing of an amended version will be sufficient notice of any changes and that your subsequent access to, viewing, reliance on or other use of our website will constitute your acceptance of those amendments.

Meaning of words

In these Terms of Use:

  • we, us and our refer to Bankwest, a division of Commonwealth Bank of Australia (Bankwest) ABN 48 123 123 124 AFSL / Australian credit licence 234945 and any related body corporate of Bankwest, a division of Commonwealth Bank of Australia (Bankwest).
  • notice includes a disclaimer, a disclosure or other statement, a consent and terms and conditions
  • a reference to our website or websites is a reference to any one or more of the websites described in "About our websites" above
  • Bankwest website means a website that is branded "Bankwest"
  • Bankwest customer means a customer of our Bankwest division
  • the singular includes the plural and vice versa
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