These terms and conditions contain important information, including information about:
? use of WISH Business Online;
? responsibility for protection of Security Details;
? Your rights, responsibilities and obligations once You are registered for WISH Business Online;
? WISH's rights, responsibilities and obligations as the provider of WISH Business Online; and
? Your grant of authority to WISH to act as instructed on Your Nominated Accounts through WISH Business Online.
Your and Your Authorised Persons’ access and use of WISH Business Online is subject to these terms and conditions;any terms and conditions that apply to Your Nominated Accounts; and WISH’s General Terms and Conditions,as may be amended from time to time, and use of WISH Business Online by You or Your Authorised Persons signifies both Your and Your Authorised Persons’ acknowledgement and acceptance of the above terms and conditions. With this in mind, We ask You and each Authorised Person to please read these terms and conditions carefully before You or they access and use WISH Business Online.
Conflict of Terms
To the extent that any of these terms and conditions conflict with the WISH General Terms and Conditions,then these terms and conditions apply.
Some accounts, transactions, or other services are covered by additional and separate terms and conditions (for example, terms contained in loan agreements, mortgages etc.). To the extent such additional terms and conditions conflict with the terms and conditions set out here, the additional terms and conditions apply.
If any provision in these terms and conditions conflicts with any other provision, WISH will decide which shall apply.
WISH may amend these terms and conditions at any time by giving You at least 14 days’ notice by way of notice on the WISH Website, press advertisement or notices in Our branches. We may also advise You of the changes via the Internet upon Your log-in to WISH Business Online.
While We endeavour to minimise any service outages, We may stop, suspend or alter access to WISH Business Online at any time without notice.
3. Authorised Persons
WISH Business Online is structured so that there are different levels of Authorised Persons authorised to act on Your behalf. Those Authorised Persons and their authorities are as follows:
When setting up Your WISH Business Online facility You must appoint at least one Administrator to act on Your behalf (this could be You). Your Administrator has the highest level of rights and responsibilities in regard to the WISH Business Online facility, with complete access to all Nominated Accounts.
? You can select either single or dual administration for Your WISH Business Online facility. Dual administration requires two Administrators to approve every Administrator function in relation toYour WISH Business Online facility. If You have a multiple authorisation rule (see below under‘Authorisers’) then We strongly recommend dual administration. To change to dual administration You need to complete the Making Changes Form.
? In the event that there is no Administrator allocated to Your WISH Business Online facility,WISH may, in its discretion, act as a temporary Administrator and/or suspend or withdraw Youraccess to the WISH Business Online facility.
? Every Administrator is also an Authoriser of Your WISH Business Online facility (see below under‘Authorisers’).
? The functions of Your Administrator include:
o administering the set up of other Authorised Persons;
o designating levels of access rights for each Authoriser and Creator/Viewer;
o resetting Passwords for Authorised Persons;
o disabling or restricting access for Authorisers and Creators/Viewers; and
o receiving all notices from WISH in relation to WISH Business Online.
Due to this high level of responsibility we strongly recommend that one Administrator should be the business owner, or in the case of companies, not for profit organisations or clubs, be nominated by the board or other relevant governing body.
Access rights granted to Authorisers and Creator/Viewers by Your Administrator are at Your Administrator’s sole discretion, unless You have dual administration (see above) set up on Your WISH Business Online facility, in which case such access rights are at the discretion of the Administrators acting jointly.
WISH may take instructions from any Administrator acting alone, unless dual administration is set up on Your WISH Business Online facility, in which case WISH will only take instructions from any two Administrators acting jointly.
WISH is not responsible for any fraudulent acts or disclosure of information occurring due to an inappropriate allocation of these rights by Your Administrator.
You can select either a single or multiple authorisation rules. A multiple authorisation rule requires at least two Authorisers to authorise any payment. We strongly recommend a multiple authorisation rule as a means of minimising the risk of fraud in Your WISH Business Online facility.
? Upon receipt of all required documentation, each Authoriser will be set up by WISH and will have the ability to authorise transactions on Nominated Accounts within the limits (if any) established by Your Administrator and any limits set by WISH from time to time.
? The functions of each Authoriser include:
o viewing Nominated Accounts;
o setting up Value Transactions; and
o authorising transactions on WISH Business Online based on the authorisation rule selected by You.
? Creator/Viewers are set up by Your Administrator.
? Each Creator/Viewer is able to view and/or create (but not authorise) transactions on WISH
Business Online, within the limits established by Your Administrator.
? Each transaction must be separately authorised by an Authoriser or Authorisers in accordance with the authorisation rule selected by You.
WISH Business Online is only available for the Nominated Accounts.
WISH reserves the right to specify which accounts can be Nominated Accounts, to vary the accounts available for nomination and to restrict access to Nominated Accounts.
Adding and removing Authorised Persons and Nominated Accounts in WISH Business Online You can add and remove Administrators, Authorisers and Nominated Accounts by completing and submitting the relevant form and providing the required documentation or by otherwise instructing WISH in a manner deemed acceptable by WISH.
All instructions provided to WISH by You or Your Administrator in regard to the loading of Nominated Accounts and/or the adding of new Authorised Persons or Administrators must be confirmed to WISH in writing. WISH may, in its discretion, agree to action certain requests on the basis of verbal instructions.
However, should We not receive confirmation of instructions in writing within 10 Business Days from (and including) the date the instructions were initially received by WISH, We are entitled to cancel those instructions.
You initially tell us Your authorisation rule in the WISH Business Online application form. You can change that rule by completing the Making Changes Form.
Only one authorisation rule will be applied to all Nominated Accounts. That authorisation rule will apply to all Nominated Accounts when they are accessed using WISH Business Online, notwithstanding any different (including more limited) signing/authorisation rules that may apply to such Nominated Accounts when accessed other than via WISH Business Online.
Your responsibility for Authorised Persons
You are responsible for:
? ensuring that all Authorised Persons are aware of, and comply with, these terms and conditions; and
? all acts and omissions of all Authorised Persons in respect of WISH Business Online.
You must ensure that any Authorised Person who is no longer authorised to access WISH Business Online is immediately disabled from accessing and using WISH Business Online. WISH is not responsible for any Loss arising from You not disabling an Authorised Person’s access immediately upon that Authorised Person no longer being authorised.
You must ensure that only those people authorised by You can use WISH Business Online and/or access the
Nominated Accounts through WISH Business Online. In connection with this, You must:
? ensure that Your business or financial records are reconciled with Your bank transactions at least monthly (including without limitation checking payee names against account numbers to ensure thepayment has gone to the correct account) so that transactions conducted through Your WISH Business Online facility can be effectively monitored;
? ensure that Your accounts are regularly audited;
? as soon as an Authorised Person is no longer authorised by You, or You become aware of any breach of these terms and conditions by the Authorised Person, an Administrator must remove their access to Your WISH Business Online facility, or alternatively contact the WISH Business Online Helpdesk on 0800 337 522; and adopt appropriate best practice internal controls to ensure unauthorised, forged or fraudulent instructions are not given to WISH.
We also strongly recommend that You adopt the following security measures to reduce the risk of fraud:
? at least one Administrator should be a business owner, or in the case of companies, not for profit to organisations or clubs, be nominated by the board or other relevant governing body;
? You should set up dual administration in Your WISH Business Online facility so that any Administrator functions require the approval of two Administrators; and
? You should set up multiple authorisation so that all payments conducted through Your WISH Business Online facility require the authorisation of at least two Authorised Persons.
4. Details about Your Business ID, Login IDs, Passwords and Administrator Verification
You gain initial access to WISH Business Online by completing the WISH Business Online application which can be found by visiting the WISH Website and downloading and completing the application form.
Once the WISH Business Online application has been processed and accepted, the Administrators nominated by You and set out in the WISH Business Online application form will be issued with a unique Business ID, and each will be issued with a Login ID and Initial Password. Each Administrator will also be provided with, or will provide WISH with, an additional unique means of Administrator Verification. This will be used by WISH to identify Your Administrator when communicating with them by telephone.
Each Authoriser and Creator/Viewer nominated in the WISH Business Online application form will also be provided with a Login ID and Initial Password by Your Administrator. Your Administrator must ensure that each Authorised Person is assigned a separate Login ID and Password. Use of the same Login ID and Password by more than one person is not permitted.
Each Authorised Person will be prompted to change their Password as part of their first login to WISH Business Online and following any Password reset.
Once an Authorised Person has changed their Password, he or she must memorise this and use it with the Business ID and their Login ID to access WISH Business Online. The Password each Authorised Person chooses must be a minimum of 8 characters and must include at least 1 letter and 1 number. It may also include some special characters and spaces. This will be that person’s own confidential Password to access WISH Business Online.
Safety of Security Details
You must, and must ensure that each Authorised Person:
? takes responsibility for, and takes steps to reasonably safeguard, Security Details;
? does NOT leave a WISH Business Online session unattended while logged in;
? does NOT allow anyone to obtain, observe or overhear password or other banking security details;
? subject to any permissible disclosure in accordance with these terms and conditions, does NOT disclose or allow Password or Administrator Verification to become known to anyone else, including any other Authorised Person, other employees, family or those in apparent authority such as management, the Police or WISH staff;
? does NOT write down, record or store Your or their Password or Administrator Verification details anywhere in written or electronic form, including in a file on Your or their computer(e.g. in a sent items folder), including any password saving facility (unless it is a Secure Password Facility); and
? chooses Security Details that are unique and/or are not the same as or similar to passwords used for any other services (including any non-banking services), equipment or cards.
Each Authorised Person is responsible for the security of their respective Security Details.If You or any Authorised Person believe for any reason that Your or their Security Details could be known or accessible by someone else, or if You or an Authorised Person discover any unauthorised use of Security Details has taken place, You or they must change the affected Security Details immediately or disable the login and then call the WISH Business Online Helpdesk (on 0800 337 522) or contact Your WISH business manager.
Each Authorised Person may change their Password at any time. We will also prompt each Authorised Person to change their Password every 90 days.
Anyone accessing WISH Business Online by using Your Security Details, or the Security Details of an Authorised Person, may be able to effect transactions on Your Nominated Accounts. WISH will have no obligation to verify or take any steps to verify any instruction received from You or an Authorised Person, or which appear to be sent from You or from an Authorised Person, through WISH Business Online. WISH has no way of checking, and shall not be held liable for ensuring, payee names entered in WISH Business Online are matched to the payee account number.
Please note: There is no legitimate reason for You or an Authorised Person to disclose Your or their Security Details to anyone, including WISH staff, other employees or management, Police, etc. If anyone from WISH or claiming to be from WISH asks for this information, You or the Authorised Person should refuse to provide Your or their Security Details and let Us know immediately (by calling Us on 0800 337 522).
If requested by WISH, You agree to
? provide all available information of any actual or possible disclosure of Security Details or unauthorised access to Your Nominated accounts;
? assist WISH to recover unauthorised amounts withdrawn or paid from any of Your Nominated Accounts or otherwise transferred to or from any other account(s); and
? notify the Police of any unauthorised access to Your Nominated Accounts.
Online Guardian Challenge Service
To complete some banking activities online and reset Passwords, Authorised Persons may be prompted to answer Challenge Questions or enter a Verification Code that We send to their Registered Mobile Phone Number by txt as part of the Online Guardian Challenge Service.Txts sent as part of this service may also contain certain information relating to a proposed transaction to enable You to confirm the transaction by entering the Verification Code during Your WISH Business Online session.You confirm that WISH may use the Registered Mobile Phone Number for the purposes of WISH Business Online and that You have obtained the consent from the owner of the Registered Mobile Phone Number to such use.We may require Authorised Persons to choose and answer Challenge Questions when accessing WISH Business Online. We may permit an Authorised Person to reset their forgotten Password by answering Challenge Questions correctly. The replacement password will be emailed to the Authorised Person at the email address that has been registered with WISH Business Online, and the Authorised Person by giving their email address consents to receiving this communication by email.
Your liability to WISH What You are not liable for Regardless of any other provision in these terms and conditions, so long as You notify WISH of the Loss,have not wilfully or fraudulently caused or contributed to the Loss, and have not failed to comply with these terms and conditions or any other applicable terms and conditions, You will not be liable for:
? any amounts payable to You under WISH’s Online Banking Guarantee (details of which are available on the WISH Website);
? any reasonably foreseeable Losses which result from the fraudulent or negligent conduct of a WISH employee or agent;
? any unauthorised transaction on Your Nominated Accounts where You could not have contributed to the Loss, including Losses connected with:
o Your Security Detail(s) being known, or potentially being known by another party; or
o unauthorised access to Your Nominated Accounts accessible by using WISH Business Online; or
o faults that occur in the WISH Business Online system or software, excluding any fault that is obvious or has been advised to You by messages or notices displayed in WISH Business Online; or
o unauthorised transactions occurring prior to any Authorised Person accessing Your Nominated Accounts via WISH Business Online for the first time.
What You are liable for Without limiting the duties You owe to WISH at law, You are liable to WISH and indemnify WISH for all Losses arising from or relating to Your Nominated Accounts and Your (and Your Authorised Persons’) access or use of WISH Business Online. Your liability and indemnity is subject only to Your specific exclusions of liability under these terms and conditions as set out above.
You agree to indemnify WISH against:
? all Losses suffered by WISH and/or other people that are caused by You or Your Authorised Persons acting fraudulently, either alone or together with any other person;
? some or all Losses arising from unauthorised access to Your Nominated Accounts if You or Your Authorised Persons have wilfully or fraudulently caused or contributed to such Losses or have failed to comply with these terms and conditions or any other applicable terms and conditions;
? all Losses WISH incurs in acting on unauthorised, forged or fraudulent instructions given by You or on Your behalf that WISH could not reasonably detect; and
? all Losses suffered by WISH, WISH’s customers or a third party, or for any claim or action brought against WISH by a customer or third party which results either from Your or Your Authorised Persons’ misuse of WISH Business Online or failure to comply with these terms and conditions or any other applicable terms and conditions.
WISH's liability to You What WISH is liable for WISH will be liable to You for:
? any amounts payable to You under WISH’s Online Banking Guarantee (the terms of which are available on the WISH Website); and
? any reasonably foreseeable Losses which result from the fraudulent or negligent conduct of a WISH employee or agent.
What WISH is not liable for Irrespective of any other term or condition in any agreement between You and WISH, WISH will not under any circumstances be liable for:
? any Losses arising as a result of WISH acting in accordance with these terms and conditions or any other applicable terms and conditions;
? Losses due to You, or anyone acting on Your behalf, providing WISH with incorrect information;
? Losses due to user error;
? Losses arising out of unauthorised access to Your Nominated Accounts or services or fraud committed by You or Your employee, officer or agent (including any Authorised Person);
? Losses caused by unauthorised, forged or fraudulently given instructions that WISH could not reasonably have detected from the instructions;
? the accuracy of the information You enter in the payment information fields on the transaction instruction. You will be solely responsible for ensuring such information, including the other party’s bank account number, is accurate. We accept no responsibility or liability if the information is incorrect;
? any Losses resulting from Your failure to advise WISH immediately of any inaccurate information about payments shown on Your bank statements or transaction records;
? Losses caused by circumstances beyond WISH’s control, machine or system failure, or any strike or dispute;
? Losses arising from Your or Your Authorised Persons’ use or inability to access WISH Business
Online at any time, inaccurate content or information in WISH Business Online, or any failure or delay in providing the WISH Business Online service;
? any Loss, delay or error in the transmission of an International Payment;
? Losses arising from faults in, or a malfunction of, any equipment (including telecommunications equipment) which supports WISH Business Online; or
? paying or delivering the balance of an account or other property to a joint account holder(s) on the death of a joint account holder.
6. Value Transactions
Any transactions You or any Authorised Person complete via WISH Business Online are subject to WISH's terms and conditions, authorities, specified Cut-Off Times and any fees or charges applying at that time. When You or any Authorised Person uses Your unique Business ID, and an Authorised Person’s Login ID and Password to set up a Value Transaction this is Your authority to Us to carry out transactions in accordance with Your instructions.We reserve the right to impose or change maximum or minimum transaction values or daily transaction limits from time to time as We see fit.Over time new or varied functionality may be added to WISH Business Online. You must ensure that You are satisfied for Value Transactions to be carried out using this service. If any new or existing functionality involving Value Transactions causes You concern please advise Us straight away so that We can discuss other alternatives that may suit Your needs.
We will be entitled to rely on Your authority to affect Value Transactions through WISH Business Online,notwithstanding Your death or bankruptcy or any other revocation of this authority, unless notice of Your death or bankruptcy, or other revocation is received by Us.It is Your responsibility to make sure there is enough money in Your accounts to ensure all Value Transactions can be made. We may refuse at Our sole discretion to action a Value Transaction if We believe there is not (orwill not be) enough available money in Your account.
Unless we inform You otherwise, You or an Authorised Person cannot cancel an instruction made by using WISH Business Online once it has been fully authorised and WISH has acknowledged that it has processed it. Prior to processing instructions for direct debits, You must be approved as, and execute the necessary documentation required to become, a direct debit initiator in accordance with the requirements of the rules issued by Payments NZ Limited from time to time.
7. Transaction information
Information provided through WISH Business Online will in normal circumstances reflect the state of an account as at the close of business on the previous banking day. However, all information obtained through WISH Business Online is subject to verification and authorisation by WISH in accordance with normal banking practice and, in particular, the proceeds of cheques will not be available until cleared.You or any Authorised Person will be able to obtain historical transaction and account balance information through WISH Business Online (subject to availability). If You require more information You can contact Your branch or relationship manager.
You acknowledge that third party providers of services to WISH, who are involved in delivering WISH Business Online, may store transaction and account balance information for future reference in the event of disputes.Exchange rate information provided by Us to You via WISH Business Online is indicative only unless expressly specified otherwise.
8. International Transactions
When You use the International Transactions functionality in WISH Business Online the terms in this section apply in addition to all other applicable terms and conditions and prevail over such other terms and conditions to the extent of any inconsistency.WISH New Zealand is the provider of WISH Business Online. WBC NZ Branch is the provider of International Transactions made through WISH Business Online and foreign currency exchange services.International Payments rely on third parties, including Other Banks, and may take longer to be credited, or fail to be credited, to a payee if any such third party or Other Bank delays or fails to process the payment.
WISH is not responsible for any Loss, delay or error in the processing of an International Transaction.International Transactions are subject to a specific daily transaction limit which WISH New Zealand can amend at its discretion.
International Transactions cannot be amended or cancelled once they have been fully authorised (except for Scheduled International Transactions - see ‘Dealing Customers using WISH Business Online’ below).
When You request an International Payment through WISH Business Online You can nominate up to two email addresses to which an automated notification will be sent regarding the payment. Notification email(s) contain details of the payment (including Your details, the beneficiary’s details and the relevant bank account details of You and the beneficiary). We have no way of monitoring whether any email is received by the intended recipient and accept no liability for non-receipt by the intended recipient. You are responsible for ensuring the accuracy of any email address entered and consent to the disclosure of such payment information by WISH to the email address nominated by You.
International Payment Fees WISH Fees WISH New Zealand will charge You a fee for International Payments. The fees will be charged monthly and reported in Your WISH Business Online Charge Report.
Other Bank Fees WISH processes International Payments through Other Banks. Payment and handling charges and commissions are often levied by Other Banks.
WISH has no control over the charges levied by Other Banks and these charges are subject to change.Please note these charges can be substantial, particularly for payments in a currency other than that of the receiving country. You can choose whether to pay these charges Yourself or if they are to be borne by the payee and deducted from the International Payment but for the avoidance of doubt WISH will in no circumstances be liable for any charges levied by Other Banks in respect of International Payments.
Some currencies and countries do not have a ‘today’ Value Date option. When processing Your International Transaction instruction, WISH will provide You with the earliest Value Date available for the currency and country chosen, dependant on applicable Cut-Off Times.
Foreign Currency Exchange Rates
Where You request Us to make an International Transaction the rate used will be derived by WBC NZ Branch from current foreign exchange market rates (unless a Deal is attached - see below).Your exchange rate will not be finalised until the International Transaction has been fully authorised (unless a Deal is attached - see below). Until such time as the International Transaction has been fully authorised the exchange rate displayed is indicative only and WISH is not obliged to transact at this rate.
Cut-Off Times and Hours of Availability
You must fully authorise Your International Transaction before the Cut-Off Time to receive the Value Date,otherwise the International Transaction will roll to the next available Value Date.There are both currency and country Cut-Off Times (dependent on the currency being used and the destination country for the International Transaction). The hours of availability for International Transactions are designated by WISH and these Cut-Off Times may vary from time to time. The relevant Cut-Off Time for a proposed International Transaction will be displayed via WISH Business Online during the payment creation and authorisation processes.
International Transactions not processed
When a fully authorised International Transaction does not proceed, irrespective of the reason (e.g.insufficient cleared funds), WBC NZ Branch may need to cancel the underlying foreign exchange contract(s).Depending on market movements in the relevant foreign exchange rates, a Loss or a gain may occur as a result of the cancellation. We will pass on to You any such Loss or gain.Dealing Customers using WISH Business Online Existing Deals can be viewed in WISH Business Online and attached to an International Transaction. When You attach a Deal to an International Transaction the amount of the Deal will determine the payment amount.It is Your responsibility to check that the amount of Your International Transaction is correct before the transaction is fully authorised.Dealing Customers do not have to attach an existing Deal when using WISH Business Online to carry ou International Transactions but if they do, the terms of the Deal will apply.
When attaching a Deal You can ask Us to make Scheduled International Transactions up to 90 days in the future. Cleared funds must be available at 9am New Zealand standard time the day the Scheduled International Transaction is due. A Scheduled International Transaction may not be processed if there are insufficient cleared funds available.
Scheduled International Transactions may be cancelled by any Authorised Person up until 9am New Zeal and standard time on the Value Date, however the underlying Deal still remains in place which You are obliged to use. Depending on market movements in the relevant foreign exchange rates, a Loss or a gain may occur in the event You cancel the Deal. We will pass on to You any such Loss or gain.
You are responsible for using, having or obtaining equipment that is compatible with the WISH Business Online service. Complying with any conditions of use, including paying any charges associated with Your use of that equipment, is Your responsibility. You are responsible for remedying any trojans, key logging software, viruses, spyware or other forms of malicious software that You or any Authorised Person know are on any computer before using that computer to access WISH Business Online.
WISH recommends that You always adhere to manufacturers’ software and support guidance to ensure Your equipment is covered by the latest software and security updates available from the manufacturer. If You are connecting to WISH Business Online via a Wi-Fi network, WISH recommends You use a trusted network.
You agree to pay any and all fees and charges relating to using WISH Business Online. WISH will debit these fees and charges from the account You have nominated, together with any relevant taxes, charges or duties levied by any government body.Fees change from time to time. Details of the fees and charges applicable to You are available in the list available at www.WISH.co.nz/business/specialists/resources/fees/online-banking-solutions.
11. Transaction disputes
If You dispute any transaction completed via WISH Business Online, for assistance either contact Your business manager or Your branch, with the following information:
? Your name and relevant account number(s)
? the amount of the disputed transaction
? what sort of transaction it was e.g. payment, transferring money etc.
? the transaction number(s), if these are available
? the date and approximate time (if known) on which the disputed transaction occurred.
Other than where there is an obvious error, Our records of WISH Business Online transactions will be evidence of these transactions.
12. Removing Access, Suspension or Cancellation of Your WISH Business Online Facility
Removing Authorised Persons
Access to WISH Business Online by individual Authorised Persons can be cancelled at any time by Your Administrator removing them as an Authorised Person or by You completing the relevant form.
Suspension or cancellation of Your WISH Business Online facility Your Administrator can suspend or cancel Your WISH Business Online access by calling Us at the Business Online Support team (on 0800 337 522) or by contacting Your relationship manager or branch, either in person or in writing. Once Your Administrator has suspended or cancelled Your WISH Business Online access, all access by Authorised Persons will also be suspended or cancelled. You will remain responsible for any transactions made on Your Nominated Accounts via WISH Business Online until the time of cancellation or suspension.
WISH’s right to suspend or cancel Your access to WISH Business Online We may suspend or withdraw Your access to WISH Business Online upon seven days’ written notice.
We can also suspend indefinitely or cancel Your access to WISH Business Online without prior notice, and without responsibility for any Loss You may suffer, for any reasonable grounds including, but not limited to:
? lack of legal capacity;
? insufficient funds to cover payments or payment instructions given;
? protect against any threats to the security of Your Nominated Accounts or to WISH Business
? where, in Our reasonable opinion, You or any Authorised Person have misused any WISH Business Online service or otherwise breached any of these terms and conditions or any other terms and conditions from time to time applicable to WISH Business Online; or
? a reasonable period of inactivity (determined at the sole discretion of WISH) on Your WISH
Business Online facility.
Where access to WISH Business Online has been suspended to protect against any threats to the security of Your Nominated Accounts or to WISH Business Online (e.g. if the existence of any trojans, key logging software, viruses or spyware is confirmed or suspected), We may refuse to reinstate access until We are satisfied that such threats have been remedied and no longer exist. This may include seeking assurances from You that any offending software has been removed or that a specific item of equipment will no longer be used to access WISH Business Online.
13. WISH Property
Any unauthorised reproduction or modification by You or any Authorised Person of any proprietary information contained in WISH Business Online, or any part of such information, may result in legal action being taken.
A waiver by WISH of any provision of these terms and conditions shall be effective only if given in writing,and then it shall be effective only to the extent that it is expressly stated to be given. A failure, delay or indulgence by WISH in exercising any power or right shall not operate as a waiver of that power or right. A single exercise or partial exercise of any power or right by WISH shall not preclude further exercises of that power or right or the exercise of any other power or right.
If any part of these terms and conditions is held to be unenforceable, that will not affect the enforceability of the remaining parts of these terms and conditions.These terms and conditions and the contract arising between You and Us through Your or any Authorised Persons’ use of WISH Business Online are governed by New Zealand law. Your Authorised Persons and WISH submit to the exclusive jurisdiction of the Courts of New Zealand.
Unless specifically stated otherwise or the context otherwise requires, the following definitions apply to the use of the defined terms in these terms and conditions and anywhere else on the WISH Business Online web pages: account–means the bank account(s) You hold with WISH.
Administrator – means the person or persons appointed as Administrator of Your WISH Business Online facility in the application form completed by You, and as may be amended from time to time by You completing the relevant form.
Administrator Verification– means an additional way of confirming the identify of Your Administrator in addition to a Password (for instance, a “Keyword” provided by Your Administrator to WISH).
Authorised Person– means each Administrator, Authoriser and Creator/Viewer.
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