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EMPLOYER TOOLBOX TERMS AND CONDITIONS OF USE


By accessing Employer Toolbox, you agree to these terms and conditions of use (“Employer Toolbox Terms of Use”).
References to "you" and "your" in the Employer Toolbox Terms of Use are references to the Employer and/or each of its staff who have access to Employer Toolbox.
Terms having a meaning in the NZRT Terms have the same meaning where used in the Employer Toolbox Terms of Use.
References to the "NZRT Terms" are to all terms and conditions applicable to the New Zealand Retirement Trust ("NZRT"), including the then current trust deed and product disclosure statement (including the applicable Member Booklet).
A reference, in the Employer Toolbox Terms of Use, to any statute is to that statute as amended, supplemented or varied from time to time and includes any re-enactment or substitution thereof under any statute in New Zealand or under any other principle of law or equity.
To the extent that there is any conflict between the Employer Toolbox Terms of Use and the NZRT Terms, the NZRT Terms shall prevail. AMP reserves the right to change the content of Employer Toolbox (including product and investment information, in accordance with its obligations in respect of NZRT), and the Employer Toolbox Terms of Use, at any time without notice. Your continued use of Employer Toolbox following any changes to the Employer Toolbox Terms of Use indicates your acceptance of those changes.

AMP


AMP Limited ABN 49 079 354 519 (incorporated in Australia) together with its subsidiaries (the "AMP group of companies") conducts business in New Zealand through various companies including, amongst others, AMP Life Limited ABN 84 079 300 379 (incorporated in Australia), AMP Services (NZ) Limited, and AMP Wealth Management New Zealand Limited (as the Manager and Issuer of NZRT). Unless otherwise specified, references to "AMP", “AMP Financial Services", "we, "us" and "our" are references to any and all members of the AMP group of companies. Employer Toolbox is provided by AMP Services (NZ) Limited

Ownership of Member information


You acknowledge that, subject to the NZRT Terms, AMP retains ownership of all Member information and records provided to you via Employer Toolbox.
 

Use of information


If you are a staff member of an Employer, you agree that you will only use Employer Toolbox and use and disclose information (including Member membership, account, contract, policy or other personal information) accessed through Employer Toolbox:
1.    in a manner consistent with the Employer's obligations under the NZRT Terms;
2.    in compliance with all privacy statements provided to the Member at the time that Member's personal information was collected; and
3.    in compliance with all relevant legislation, including the Privacy Act 1993.

You agree to treat all information about Members as commercially sensitive and strictly confidential.

Purpose


The content on Employer Toolbox, including tools and calculators, is for information purposes only and is provided to you to enable you to perform your obligations as a participating Employer. The information is of a general nature only and does not constitute personalised financial advice or other professional advice. To the extent that any content on Employer Toolbox constitutes financial advice, it is class advice only.

Disclaimer


AMP disclaims, to the fullest extent permitted by law, all liability or responsibility to anyone for any direct or indirect loss or damage that may result from:
•    the action or failure to act by anyone in reliance on the content of Employer Toolbox or any errors or omissions on Employer Toolbox, including reliance on information contained on Employer Toolbox, reliance on the tools and calculators provided on Employer Toolbox; or
•    access to, or use of, or inability to use, Employer Toolbox.
Whilst care has been taken to supply up to date and accurate information on Employer Toolbox, AMP does not give any guarantee of the accuracy, correctness, adequacy or completeness of such information (including tools and calculators) or its suitability for your intended use.  Any projections or predictions or calculations provided by the tools and calculators included on Employer Toolbox are not guaranteed.
All forms of investment involve risk. None of AMP, The New Zealand Guardian Trust Company Limited as Supervisor of NZRT (”Supervisor”), underlying fund managers, any related company or any director of the foregoing, or any other person guarantees the performance or obligations of the NZRT or Employer Toolbox, guarantees the performance of any investment in the NZRT (including the returns on that investment), gives any warranty of reliability or accuracy, or accepts any responsibility arising in any way from any error or omission. Past performance is not indicative of future performance and is not guaranteed by any party.  Returns over different periods may differ.  For further information about NZRT (including fees) or Employer Toolbox, you should refer to the NZRT Terms or alternatively, contact us.

User Acknowledgements and Indemnities


You agree to follow any instructions supplied to you in relation to the use of Employer Toolbox and you agree not to use or permit the use of Employer Toolbox for any illegal or improper purpose.  AMP is not liable for refusing to accept any instruction, or for good faith acceptance of any instruction believed on reasonable grounds to have been appropriately authorised (whether or not it was so authorised). This includes each instruction to credit an account of the Employer or credit any Member's or other NZRT account, each as specified in any "Payroll Upload" or similar via Employer Toolbox. AMP's records relating to all instructions received and other matters appearing on Employer Toolbox are conclusive. You agree that should you, or any other person claiming to be you, act fraudulently, AMP and its related companies are not liable for following those instructions.

You agree to:

1.    release, discharge, and indemnify AMP, the Supervisor, the underlying fund managers, any related company and each director of them (the 'Indemnified Parties') from and against all actions, claims and liabilities arising from or in relation to instructions that you or another person submit to us on Employer Toolbox using your Employer Toolbox log-in account (including instructions that result from any unauthorised or fraudulent use of your Employer Toolbox  log-in); and
2.    indemnify the Indemnified Parties for any loss incurred or damage suffered by the Indemnified Parties, or for any claim or action which may be brought against the Indemnified Parties by a Member, customer or third party, which is in any way the result of you or another person's use (including any unauthorised or fraudulent use) of Employer Toolbox using your Employer Toolbox log-in.

Access to and use of Employee Information


If you are a staff member of an Employer, you may be asked to provide us with personal information about yourself or another staff member of the Employer ('Staff Information') for the purposes of granting that staff member access to use Employer Toolbox.  You may also be provided with Staff Information of staff members who already have access to Employer Toolbox.  You agree that you will only submit a request via Employer Toolbox to AMP to modify any Staff Information or disclose any Staff Information in accordance with:
1.    the terms of any employment agreement between the relevant staff member and the Employer;
2.    the terms of any privacy policy applicable to the Employer;
3.    any other terms or conditions to which the relevant staff member has consented in relation to the use and disclosure of that staff member's Staff Information; and
4.    the Privacy Act 1993.

Security and Unauthorised Access


While all reasonable care is taken by AMP to provide a secure website, AMP will not, under any circumstances, be held liable for any loss, damage or liability caused by any breach of security including unauthorised access to or use of Employer Toolbox. You acknowledge that you are aware of, and agree to accept, any risks associated with transmitting information via the Internet, including without limitation the possibility that third parties may gain access to information that is confidential.
You agree to take all reasonable steps to ensure that all information in relation to any passwords and security arrangements relating to your Employer Toolbox account and your access to Employer Toolbox are kept confidential to you and you will notify AMP immediately if you suspect any breach of such confidentiality.  You must not keep a written or electronic record of your security details or disclose your password to anyone. Other staff members who are not authorised to access Employer Toolbox or other persons should not be given access to your user name and password. Should you forget this information we will use appropriate procedures to authenticate you and then reset your password.

Information Supplied by You


You are responsible for and must take all reasonable care to ensure the information you supply to AMP is accurate. You must let AMP know as soon as possible if you observe any incorrect or inaccurate information.
 

Jurisdiction


The use of Employer Toolbox and the Employer Toolbox Terms of Use are governed by New Zealand law and are subject to the exclusive jurisdiction of the New Zealand courts.
The information on Employer Toolbox has been prepared in accordance with New Zealand law for the supply of products and services in New Zealand only.  Unless otherwise indicated, any products and services referred to on Employer Toolbox are offered only to New Zealand residents living in New Zealand.

Suspension of Website and User Access


AMP does not guarantee the continued availability of Employer Toolbox or the continuation of any services provided on it.
You acknowledge that AMP:
•    Has the right to suspend operation of Employer Toolbox at any time (including if, in the opinion of AMP, some threat is posed to any system or part of any system).
•    May suspend the operation of Employer Toolbox at regular intervals for periodic maintenance and administration tasks.
•    May suspend or terminate your access to Employer Toolbox, at any time, at its absolute discretion (including if you breach these Employer Toolbox Terms of Use).

Viruses


While care has been taken to prevent the introduction of viruses on to Employer Toolbox, AMP does not guarantee that Employer Toolbox is free from viruses.  You are responsible for protecting your own computer(s) and/or network from being affected by viruses, bugs or other information technology related issues whilst using Employer Toolbox. AMP is not responsible if you are unable to access or use Employer Toolbox due to any virus, bug or other information technology related issue nor for any loss or damage you may suffer as a result of a virus, bug or other information technology related issue affecting your computer(s) and/or network.

Third Party Content and Hyperlinks


Employer Toolbox may contain material produced by third parties or links to other sites.  AMP does not accept any responsibility or liability in relation to such third party content or for any information contained in any website accessed via a hypertext link from Employer Toolbox or any other website that is linked to Employer Toolbox. The content, accuracy and opinions expressed in such websites are not necessarily checked, monitored or endorsed by AMP.

Copyright


AMP or its suppliers own copyright of the information, images, text, screens and web pages appearing on Employer Toolbox. This includes, but is not limited to, all of Employer Toolbox's content, code, look and feel, text, graphics, logos, button icons, images, audio and video clips and software. They are protected by New Zealand and international copyright law.
The information and materials appearing on Employer Toolbox may not be copied, modified, published, reposted, reused or used to create a derivative work without the express written permission of AMP or the relevant supplier.  For any copyright enquiries, please contact AMP.

To change the details of your Staff Information, please contact AMP.  You cannot update your personal details on Employer Toolbox.
 

Privacy


For more information on how AMP deals with personal information collected through Employer Toolbox, please refer to the Employer Toolbox Privacy Policy.