About these Terms
1. These terms and conditions (Terms) apply to your use of the Westpac One banking application (Westpac One App) developed by Westpac New Zealand Limited (Westpac, we, us, our).
2. Where we refer to you or your in these Terms, we mean any individual that is using the Westpac One App. Reference to a device means any iOS or Android device that you use to access the Westpac One App, including any smart-phone, tablet, iPad or Apple Watch.
3. By downloading and/or using the Westpac One App, you agree that you (and anyone else using the Westpac One App on your device) will comply with these Terms, Westpac’s General Terms and Conditions (General Terms & Conditions), Westpac’s Privacy Statement and any other terms and conditions that apply to your Westpac accounts or to products and services provided by Westpac.
4. Any terms used but not defined in these Terms have the meaning given in the General Terms & Conditions unless the context otherwise requires.
5. If we change these Terms we will notify you of the changes in accordance with the Code of Banking Practice, copies of which are available at any Westpac branch or online at westpac.co.nz. If you continue to use a Westpac One App after the expiry of any notice period, you will be deemed to have accepted any change to these Terms. If you do not accept any changes to these Terms, please uninstall and stop using the Westpac One App.
Availability and use of the Westpac One App
6. The Westpac One App is only available to Westpac customers who are registered users of the Westpac Online Banking services. Anyone who is not a Westpac customer is not entitled to use or access the Westpac One App.
7. Westpac may suspend, modify or withdraw the operation of the Westpac One App, any functionality (including fingerprint login) and/or the Westpac Online Banking platform at any time, at our sole discretion and for any reason, including if any threat is posed to any system or part of any system, or for the purposes of carrying out routine periodic maintenance and administration work. Where reasonably possible, we will give you notice in advance of any such addition, modification or suspension.
PIN and fingerprint login
8. PIN: You can set up a five-digit PIN to access the Westpac One App in place of a Password. The most recent PIN set up will apply regardless of device.
9. Fingerprint login: You may be able to use any fingerprint stored on your device as your preferred login credentials to access the Westpac One App instead of a Password or PIN (fingerprint login).
10. Any person whose fingerprint is stored on your device will be able to access your accounts through the Westpac One App. Accordingly, you must ensure that only your fingerprint is stored on the device if you wish to use fingerprint login. Fingerprint login details are stored on your device and not by Westpac, so we cannot verify the identity of any person who uses fingerprint login to access your account(s) from your device.
11. You agree that you will be responsible for all actions on your accounts following successful fingerprint login to the Westpac One App. In particular, you agree that each time your device registers a fingerprint login to authorise any transaction through the Westpac One App, you instruct us to perform that transaction in accordance with these Terms and the General Terms & Conditions.
12. Fingerprint login is only available on eligible devices running the minimum required software version.
13. You can de-register from fingerprint login on your device by calling 0800 400 600.
14. You must exercise every possible care to ensure the safety of your device by taking all reasonable care to prevent loss, theft and unauthorised or fraudulent use. That includes:
- not enabling or using fingerprint login if anyone else’s fingerprint is stored on your device;
- not allowing anyone else to use your device without your authority; and
- locking your device when it is not in use.
15.You must contact Westpac on 0800 400 600 as soon as you become aware or suspect that:
- your device has been lost or stolen;
- someone other than you has accessed, or is capable of accessing or opening, a device of yours that is registered for fingerprint login where there is any risk they may access your accounts; or
- your Password or PIN has been disclosed, used without your authority or may otherwise have become known to anyone else.
16. You must also immediately cease using the Westpac One App if you become aware or suspect that your login credentials have been compromised in any way.
17. You must not conduct or allow (a) “jailbreaking” of any device running Apple Inc’s iOS operating system or (b) “rooting” of any device running Google’s Android operating system. Jailbreaking or rooting is the process of removing software restrictions imposed by the operating system proprietor and could enable unauthorised access to your accounts.
18.Only software approved by the relevant operating system provider (ie Apple or Google) should be installed on your device. Unapproved software could contain malware or “malicious software” such as viruses, worms, trojan horses or spyware designed to damage or gain unauthorised access to your device without your knowledge.
19. Registration (including login) and information requests made using the Westpac One App are protected by a certified encrypted secure connection or SSL. The Online Guardian Challenge service and our Online Banking Guarantee apply to your use of the Westpac One App in the same way as they apply to the Westpac Online Banking services via a computer.
iPad – multiple users and profile photo
20. A maximum of four users can be set up when using the Westpac One App on an iPad. Each user can then access the Westpac One App using their own five-digit PIN.
21. You may select any photograph stored on your iPad to accompany your user name. That profile photo will only be saved to the device and will not be provided to Westpac.
Quick Access and Spending Meter
22. If you set up the Quick Access features, including Quick Accounts, Quick Transfer and Spending Meter (Quick Access), your available balance will be viewable by anyone who has access to your device, whether you lend it to someone else or it is lost or stolen. In addition, anyone accessing your device will be able to use Quick Transfer to transfer amounts up to a maximum of $500 per transaction between your nominated Quick Balance accounts. Your transfer limit can be amended at any time up to the maximum amount.
23. You can change or remove your Quick Access settings through the “More” section using your Customer ID and Password or PIN/fingerprint login.
24. The Quick Access settings on your Apple Watch will be the same as those settings on the device that is synched with your Apple Watch.
25. Spending Meter calculates your average monthly spend based on your average spending from the Quick Balance nominated account(s) registered on your device over the previous three calendar months.
26. The privacy provisions in the General Terms and Conditions and our online Privacy Statement govern Westpac’s use of any personal information you provide during your use of the Westpac One App. We may use such personal information for any purpose associated with your use of the Westpac One App and the Westpac Online Banking services generally.
27. Westpac may collect and use information about your device, systems and application software to facilitate the provision of software upgrades, product support and other services related to the Westpac One App, including any of its features or tools.
28. We may use the Westpac One App to send you push notifications about upgrades, maintenance, features, services or other information. You may opt out of receiving these notifications at any time by changing the settings on your device.
GPS location data
29. The ATM and Branch finder and the Global ATM finder help you to identify nearby Westpac ATMs and branches or ATMs around the world that are part of the Global ATM Alliance.
30. If you permit the Westpac One App to access location information from your device’s global positioning system (GPS), then the Westpac One App will use that information to determine your location. You may give or withdraw your permission for the Westpac One App to use your GPS location information at any time by changing your device’s “location services settings” (usually found in the “Privacy” settings). Westpac does not capture or store your location information, or use it for any other purpose other than to facilitate your use of the ATM and Branch finder or the Global ATM finder.
31. If you do not allow the Westpac One App to access your GPS location information, you can still use the ATM and Branch finder or the Global ATM finder tools by manually inputting your location information into the Westpac One App.
32. There is no charge for downloading the Westpac One App or using it to access your accounts (although all standard account and transaction fees and charges will continue to apply). You need an internet connection to download and use the Westpac One App and you will be responsible for all associated charges from your internet or mobile network provider(s).
Updates and maintenance
33. To improve and maintain the Westpac One App, from time to time we may request that you install updates and upgrades. Unless we specify otherwise, these Terms, and the licence granted under these Terms, will apply to any updates and upgrades to the Westpac One App.
34. Your operating system provider has no obligation to provide any maintenance or support services with respect to the Westpac One App.
Licence for use
35. Westpac grants you a limited, non-transferable licence to use the Westpac One App on a device that you own or control, subject to these Terms. If your device is an iOS device then Usage Rules will also apply as set out in the App Store Terms of Service. You are responsible for the use of the Westpac One App on your device, including any use by another person.
36. You may stop using the Westpac One App at any time and terminate the licence granted to you under these Terms simply by uninstalling the Westpac One App from your device.
37. If you fail to comply with these Terms or any other applicable terms and conditions, Westpac may block or restrict your access to the Westpac One App. If we block your access, the licence granted to you under these Terms will immediately terminate.
38. All intellectual property rights in and to the Westpac One App, including copyright, belong to Westpac and/or our licensors. Except as expressly set out in these Terms, you do not have any intellectual property rights in or to the Westpac One Apps, or in any improvements or variations that may be made to any Westpac One App. Nothing contained in these Terms or otherwise contained within any Westpac One App should be construed as granting, by implication or otherwise, any right to use any trade mark appearing within the Westpac One App without the written permission of Westpac or such other applicable party.
39. You must not copy, reverse engineer, decompile, disassemble, attempt to derive the source code of, modify, create derivative works of, re-post to other web sites, frame, deep link to, change, or otherwise distribute, license, sub-licence or transfer in any form any aspect of Westpac One or the Westpac One Apps.
40. Westpac, and not your operating system provider, is responsible for the content of the Westpac One App. If your use of the Westpac One App is challenged as a result of a claim relating to an infringement of third party intellectual property rights, you must immediately notify Westpac and allow Westpac to defend and settle any such claim on your behalf. Westpac may, at its discretion, modify or replace the Westpac One App to the extent necessary to avoid or minimise this challenge. You acknowledge that your operating system provider will not be responsible for any such claim.
Warranties, liability and disclaimers
41. Westpac provides the Westpac One App on an “as is” and “as available” basis and, except as required by law, does not make any warranty (either express or implied) about the Westpac One App, including any warranty as to the Westpac One App’s fitness for a particular purpose, and/or that the Westpac One App will be uninterrupted or error-free.
42. You acknowledge that your operating system provider has no warranty obligations under these Terms, and that your operating system provider is not responsible for any claims made by you or any third party relating to the Westpac One App, including product liability claims, any claim that the Westpac One App fails to conform to any applicable legal or regulatory requirement, or any claim arising under consumer protection legislation.
43. The information appearing on the Westpac One App is for preliminary and general information only, does not constitute personalised financial advice, is subject to change and is not to be relied on as being complete, accurate and up-to-date. Full details of up-to-date terms and conditions, product information, charges and interest rates are available from any Westpac branch in New Zealand. You can also get a copy of the current disclosure statement for Westpac New Zealand Limited and a copy of any applicable term sheet from any Westpac branch in New Zealand free of charge.
44. In addition to the exclusions of liability contained in the General Terms & Conditions, to the fullest extent permitted by law, Westpac and other members of the Westpac group of companies are not liable under any duty at common law or in contract for any direct, indirect or consequential loss or damage of any kind arising from:
- (a)you, or any third party, using the Westpac One App otherwise than in accordance these Terms, including without limitation any loss or damage that results from the unauthorised use of a Westpac One App; and
- (b) any failure or delay in receiving the Westpac One App, any loss of access to the Westpac One App or any malfunction of any equipment or system that supports the Westpac One App, regardless of whether the equipment or system is Westpac’s or used by us to provide the Westpac One Apps.
45. You indemnify and will keep indemnified Westpac against all actions, proceedings, losses, liabilities, damages, claims, demands, costs and expenses (including all legal costs and expenses) suffered or incurred by Westpac or for any claim brought against Westpac by a third party that arises out of or is in connection with your use of the Westpac One App.
46. You represent and warrant that you are not located in a country that is subject to a U.S Government embargo, or that has been designated by the U.S Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
47. If your device uses Apple’s operating system, you agree and acknowledge that Apple, and Apple’s subsidiaries are third party beneficiaries of these Terms, and that Apple will have the right (and is deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary.
48. iPhone, iPad, Apple, Apple Watch and App Store are trade marks of Apple Inc. and may be registered in the US and other countries. Android is a trade mark of Google Inc, use of which is subject to Google Permissions.
49. These Terms are governed by New Zealand law and the courts of New Zealand shall have non-exclusive jurisdiction.
Open Source Software
50. We have used various forms of Open Source ware (OSS) to create the Westpac One Apps. In accordance with the various licence agreements governing such OSS we are required to provide these notices:
- AutoNumeric: Copyright © 2011 Robert J. Knothe
- Backbone: Copyright © 2010-2015 Jeremy Ashkenas, DocumentCloud
- Cocktail: Copyright © 2013-2014 Maximiliano Fierro
- D3: Copyright © 2010-2015, Michael Bostock, All rights reserved
- Detectizr: Copyright 2013 Baris Aydinoglu
- Handlebars: Copyright © 2011-2014 by Yehuda Katz
- jQuery: Copyright jQuery Foundation and other contributors, http://jquery.org/
- jQuery Animate Enhanced: Copyright © 2012 Ben Barnett
- jQuery BA Post Message: Copyright © ‘Cowboy’ Ben Alman
- jQuery Browser: Copyright © 2008 Jonathan Neal
- jQuery Cookie: Copyright 2014 Klaus Hart1
- jQuery Custom Select: Copyright 2013 Adam Coulombe
- jQuery dotdotdot: Copyright © Fred Heusschen
- jQuery Flex Slider: Copyright 2012 WooThemes
- jQuery JSONOP: Copyright © 2012 Julian Aubourg
- jQuery Placeholder: Copyright Mathias Bynens http://mathiasbynens.be/
- jQuery ScrollTo: Copyright © 2007-2013 Ariel Flesler
- Marionette: Copyright © 2012- 2014 Derik Bailey; Muted Solutions, LLC
- Modernizr: Copyright © 2009-2015 Modernizr
- Paraseuri: © Steven Levithan
- Require-CCS (css.js): Copyright 2013 Guy Bedford
- RequireJS, text: Copyright © 2010-2015 The Dojo Foundation
- Underscore: Copyright © 2009-2015 Jeremy Ashkenas, DocumentCloud and Investigative Reporters & Editors
51. This OSS is provided by the copyright holders and contributors “as is”, without warranties of any kind, including, but not limited to, express or implied warranties of merchantability, fitness for purpose and non-infringement. In no event shall the authors or copyright holders’ be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) or other liability however caused on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of the applicable open source software or the use of other dealings in such software, even if advised of the possibility of such damage.
52. These Terms are between you and Westpac only (and not your operating service provider) our contact details are: Westpac on Takutai Square, 16 Takutai Square, Auckland, 1010, New Zealand. Westpac New Zealand Limited.