Licence for use.
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 as set out in the App Store Terms of Service will also apply. You are responsible for the use of the Westpac One App on your device, including any use by another person.
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.
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.
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.
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.
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.
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.
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.
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.
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:
- 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
- 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.
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.
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 “State Sponsor of Terrorism” and that you are not listed on any U.S. Government list of prohibited or restricted parties.
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.
iPhone, iPad, Apple 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.
These Terms are governed by New Zealand law and the courts of New Zealand shall have non-exclusive jurisdiction.
Open Source Software.
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
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.