My AMP

Mobile app

Terms and Conditions of use of the AMP NZ app

The AMP NZ app is subject to terms and conditions. As the terms and conditions contain important rules of use, you should read them in deciding whether to use the app. The terms and conditions are also available at http://amp.co.nz/apptc.

By pressing the 'Accept' button, and each time you use the AMP NZ app, you acknowledge and agree that you have read, understood and agree to the following terms and conditions of the AMP NZ app:

General

1. The "App Terms" consist of:

a. these App‐specific Terms;

b. the terms and conditions which apply to the use of My AMP provided by AMP (Services) NZ Limited ("My AMP Terms") as if references in those terms to 'My AMP' or 'website' were a reference to the AMP NZ app (where applicable).

Where there is an inconsistency between the App‐specific Terms and the My AMP Terms, the App‐specific Terms prevail in relation to the AMP NZ app.

2. AMP may change the App‐specific Terms at any time without notice. We may require you to confirm your acceptance of changes to continue using the AMP NZ app.

3. You should consider any changes that we notify to you and regularly check the App Terms for any changes. If the App Terms are changed, you must comply with the updated App Terms. If you do not agree to the updated App Terms, you must immediately cease using the AMP NZ app.

4. The AMP NZ app is a special and additional feature of My AMP. It is not a stand‐alone product or service. You may only use the My AMP services through the AMP NZ app if you have first registered and obtained login details and a password for My AMP, as required by AMP from time to time.

Fees and charges

5. Subject to the law and any applicable codes, AMP may charge fees for using the AMP NZ app. Any fees and charges that apply to your AMP products accessible through the AMP NZ app will continue to apply to transactions made using the AMP NZ app. Information on our current fees and charges applicable to the AMP NZ app is available on request.

6. AMP will give you at least 30 days’ prior notice of imposing or increasing any fee relating solely to the use of the AMP NZ app.

Intellectual Property and Licence

7. All copyright and other intellectual property rights in the AMP NZ app are owned by AMP and/or its licensors.

8. AMP grants you a revocable, non‐transferable, non‐exclusive licence to download, install and use the software for the AMP NZ app on your Mobile Device for your own purposes. This licence is subject to any limitations or restrictions on the permitted use of the AMP NZ app contained in the App Distributor Terms. You must not (and must not attempt to):

a. copy, distribute, translate, modify, tamper with, disassemble, decompile, reverse engineer the AMP NZ app or derive the AMP NZ app's source code from its object code;

b. sell, rent, lease, sub‐license, assign, exchange or otherwise transfer the AMP NZ app or your rights under the App Terms;

c. create derivative works of or from the AMP NZ app;

d. use the AMP NZ app in a manner which would contravene the App Distributor Terms; or

e. permit or assist any person to engage in any act described in paragraphs (a) to (d) above.

Use of the AMP NZ app

9. You must provide your own internet access and Mobile Device in order to download, install and use the AMP NZ app. You are solely responsible for all internet access, data download and other network charges arising from your downloading, installation or use of the AMP NZ app (including any global roaming charges where you use the AMP NZ app overseas) and you acknowledge and agree that AMP has no responsibility or liability for those charges.

10. Where another person is liable to pay those charges under the relevant internet service, mobile data or mobile telephone account used by your Mobile Device, you acknowledge and agree that you have obtained their consent to your downloading, installation and use of the AMP NZ app.

11. You are responsible for the operation and maintenance of your Mobile Device and for ensuring the AMP NZ app operates correctly on your Mobile Device.You must use a personal identification number ("PIN") to access the AMP NZ app. You must obtain (or register) the PIN as required by AMP and use it in the manner AMP directs in order to access the AMP NZ app.

12. You must keep your PIN for the AMP NZ app confidential, and not disclose it to any person, or authorise or permit any other person to use the AMP NZ app on your Mobile Device. If you breach your obligations under this paragraph and another person:

a. uses the AMP NZ app on your Mobile Device; or

b. uses your PIN for the AMP NZ app,

you are responsible and liable for that use of the AMP NZ app or PIN, as if that use of the AMP NZ app was by you.

13. You should keep your Mobile Device safe. The security of the Mobile Device is very important. You must make every effort to ensure that the Mobile Device is not breached, misused, lost, stolen or otherwise compromised. Do not leave your Mobile Device unattended and left logged into the AMP NZ app. Ensure that you lock your Mobile Device and take any reasonable steps to stop unauthorised use of the AMP NZ app. If you fail to observe the reasonable security requirements set out in these App‐specific Terms, you may incur liability for unauthorised use.

14. AMP has the right to monitor and, where applicable, refuse to transmit or post any transmissions made using the AMP NZ app.

15. To use the AMP NZ app and its features, you must grant the AMP NZ app the permissions and access to your Mobile Device and other applications that it requires. If you do not grant these permissions and this access, you may be unable to use the AMP NZ app or some of its features.

16. The AMP NZ app uses the internet to provide services and information. By using the AMP NZ app, you acknowledge and agree to accept all risks associated with using the internet, including the potential exposure to viruses and harmful code which may affect your Mobile Device.

17. AMP does not warrant or guarantee the security of the AMP NZ app. You are solely responsible for the security of your Mobile Device (including any data stored on that device) and for using appropriate and up‐to‐date software on your Mobile Device to detect and manage the threat posed by viruses and other harmful code.

18. You must only install approved applications on your Mobile Device and never override the software lockdown (i.e. "jailbreak" or “root” your Mobile Device).

19. All software has security vulnerabilities. AMP may from time to time identify vulnerabilities in the AMP NZ app and make available updates to help address these vulnerabilities, but is under no obligation to do so. You acknowledge and agree that you will use the most up‐to‐date version of the AMP NZ app available from time to time, and will check regularly for updates to the AMP NZ app.

Reporting unauthorised transactions or PIN revealed

20. You must tell us as soon as possible if:

a. you suspect that your PIN is known to someone else;

b. you suspect any unauthorised use of your accounts; or

c. your Mobile Device is lost or stolen.

If you do not notify us or you unreasonably delay in notifying us, you may be liable for unauthorised transactions.

Fingerprint Access - If you have the AMP NZ App installed on a Mobile Device that has ‘Fingerprint Authentication’ available, you will be able to turn on Fingerprint Access for the AMP NZ App. Turning on Fingerprint Access for the AMP NZ App means that you can access the AMP NZ app using your fingerprints instead of your AMP NZ App PIN. For certain transactions on the AMP NZ App you may be prompted to enter your AMP NZ App PIN Login as an additional security measure. If turning on Fingerprint Access, you must only ever store your fingerprints on your Mobile device.

You must never turn on Fingerprint Access for the AMP NZ App if you have any fingerprints stored on your Mobile Device other than your own. If after turning on Fingerprint Access, you allow other people to use their fingerprints on your Mobile Device, you must turn off Fingerprint Access for the AMP NZ App.

If you do allow anyone else’s fingerprints to be stored on your Mobile Device (despite this being against these App Terms):

i. they will be able to access your accounts and considered authorised to do so; and

ii. you will be responsible for their use of the services and features available through the AMP NZ App including but not limited to transactions.

Performance of the AMP NZ app

21. AMP will use reasonable endeavours to generally make the services provided through the AMP NZ app available during its usual business hours. However, the availability of those services depends on various third party suppliers of both you and AMP, and accordingly, AMP does not warrant  or guarantee:

a. that you will be able to use the AMP NZ app at any time; or

b. that your use of the AMP NZ app will be continuous, uninterrupted, secure or error‐free.

22. You acknowledge and agree that the services provided through the AMP NZ app may not be available for use from time to time, and that you may be disconnected from your use of those services at any time for any reason, including if:

a. any network connection difficulties  occur;

b. the systems providing those services are unavailable for any reason (including so that maintenance can be performed);

c. you breach any of the App Terms; or

23. AMP decides to terminate your access to those services for any reason.AMP makes no guarantee as to the speed, reliability or other performance of the AMP NZ app. The performance of the AMP NZ app depends on various factors, including the functions, capacity and configuration of your Mobile Device, the speed of your internet connection, and the number of users accessing the systems which support the AMP NZ app.

24. The information provided in the AMP NZ app has been sourced from information believed to be accurate and reliable at the time it was sourced. AMP does not give any guarantee, representation or warranty as to the accuracy, completeness or currency of the information made available through the AMP NZ app nor does it accept any responsibility or liability for or in connection with any loss or damage arising from    any inaccuracies, errors or omissions in the information made available through the AMP NZ app. However, AMP will endeavour to ensure that the information is updated as soon as practicable when it becomes aware that material changes have occurred.

Suspension or termination of AMP NZ app

25. AMP reserves the right to suspend, block access or terminate your use of the AMP NZ app, the services provided through it and/or any of its features or components at any time and for any reason, without notice to you. If requested by AMP, you must immediately cease use of the AMP NZ app and remove it (and all associated data) from your Mobile Device.

Your obligations

26. You must not use (or attempt to use) the AMP NZ app:

a. for any unlawful or dishonest activity;

b. to access, transmit, publish or communicate material which is defamatory, offensive, unsuitable for minors, abusive, indecent, menacing, or otherwise unlawful, or which contains a virus or other harmful code;

c. to obtain unauthorised access to (or damage, disrupt or interfere with the operation of) any computer, system, application, network or service;

d. to transmit, publish or communicate bulk and/or unsolicited messages;

e. in any way that may bring negative exposure or harm to AMP, its suppliers or other users of the AMP NZ app; or

f. in any way that may cause AMP, its suppliers or other users of the AMP NZ app to incur liability to a third party.

27. AMP may ask you to cease any conduct which it believes is contrary to your obligations under the App Terms. You must immediately comply with any such request.

Liability

28. To the extent permitted by law, AMP excludes from the App Terms all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom.

29. Except for any liability that cannot be excluded by law:

a. AMP is not liable for any Loss or other consequences arising from or in connection with:

i. your downloading, installation and use of (or inability to download, install or use) the AMP NZ app, including, without limitation, any and all actual or anticipated loss of profits, revenue, goodwill, savings, data, business opportunity, or expectation, and any and all indirect, special, consequential, punitive or exemplary Losses;

ii. any action taken or not taken by a third party in relation to a transaction that involves a third party;

iii. any information provided to AMP that may be inaccurate; or

iv. any damage to your Mobile Device as result of accessing or attempting to access the AMP NZ app; or

v. you taking pictures of app screens in the course of using the AMP NZ app; and

b. to the extent permitted by law, AMP's liability is limited to resupplying the services accessible through the AMP NZ app or to paying for the resupply of the AMP NZ app or any part of it to you.

c. If you do allow anyone else’s fingerprints to be stored on your Mobile Device (despite this being against these App Terms):

i. they will be able to access your accounts and considered authorised to do so; and

ii. you will be responsible for their use of the services and features available through the AMP NZ App including but not limited to transactions.

Privacy

30. AMP Services (NZ) Limited of Level 21, AMP Centre, 29 Customs Street West, Auckland 1010 will collect, use and store your personal information in accordance with the App Terms, the Privacy Policy and the Privacy Act 1993, including for the purposes of delivering the services provided through the AMP NZ app, complying with its legal obligations, and optimising the AMP NZ app's usage and user experience. We may also use it for related purposes, for example, providing you with ongoing information about financial services that may be useful for your financial needs through direct marketing. These services may include investment, retirement, financial planning, banking, credit, life and general insurance products and enhanced customer services that may be made available by us, other members of the AMP group, or by your adviser. Please contact us if you do not want your personal information used for direct marketing purposes. Your personal information may be shared with other business areas or companies within the AMP group, and your employer, adviser or adviser's employer. We may also provide information to local and overseas entities which provide AMP with administrative, financial, research or other services, other insurers and credit providers, advisers, brokers and other organisations authorised by AMP to assist in reviewing customer needs. We may also disclose personal information to courts, tribunals and dispute resolution bodies, government agencies and other bodies we are required to provide information to under the law.

31. The Privacy Policy provides more information about how we use, manage and protect the personal information we hold about individuals and it sets out how you can access and correct the information that AMP holds about you.

32. If you use the AMP NZ app, the information that AMP may collect and store includes, without limitation:

a. the type of operating system and/or other software or firmware used by your Mobile  Device;

b. the data you send and receive using the AMP NZ app, and the type and quantity of that data ;

c. the dates on which and times at which you use the AMP NZ app; and

d. the Internet Protocol and Media Access Control addresses of your Mobile Device.

Miscellaneous

33. AMP does not waive a right, power or remedy in connection with the App Terms if it fails to exercise or delays in exercising the right, power or remedy.

34. Any person defined as 'AMP' may exercise a right available to 'AMP' under the App Terms without reference to the other.

35. If the whole or any part of a provision of the App‐specific Terms are void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of the App‐specific Terms have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected.

36. The App‐specific Terms are governed by the laws of New Zealand. You submit to the nonexclusive jurisdiction of the courts of New Zealand.

Interpretation

37. In the App‐specific Terms: a reference to the "AMP NZ app" includes updates to the AMP NZ app; a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re enactments or replacements of any of them; a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time; and:

"AMP" means AMP Services (NZ) Limited or any Related Company of AMP Services (NZ) Limited.

"App‐specific Terms" means the terms and conditions of use set out in this document.

"App Distributor Terms" means the terms applying to the website or online store from which you downloaded the AMP NZ app, as may be updated from time to time.

"Fingerprint Authentication" means a security feature using biometric technology that allows users to confirm their identity with a single touch fingerprint for Android 6.0 (or above) device, or with Touch ID on iPhone 5S (or above) device.

"Losses" means any liabilities, losses, damages, costs and expenses (including legal costs and expenses, regardless of whether incurred or awarded) arising in contract, tort (including negligence) or otherwise.

"Mobile Device" means at least a 4S/3GS iPhone with iOS version 9.0 or later software or alternatively, an Android with version 5.0 (Lollipop) or later software, that is internet‐enabled device for cellular or wireless connection or an equivalent device that is compatible with the AMP NZ app and has a current and working internet  connection.

"Privacy Policy" means the My AMP privacy policy, as amended from time to time and published on the My AMP website.

"Related Company" has the meaning given to it in the Companies Act 1993 and includes an equivalent entity incorporated in Australia.