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Terms Of Use

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Please read these terms and conditions (“Terms of Use“). They apply to your use of the BetterMoney service made available to you through the BetterMoney website, and BetterMoney mobile application. In these Terms of Use any references to “us”, “we” or “our” or “AMP” means AMP Services (NZ) Limited and any of its related companies. Your access and use of the Service is subject to these Terms of Use.

From time to time we may need to update these Terms of Use. We will provide you with reasonable notice of any significant changes. Your continued use of the Service after notification of such a change means that you accept the changed Terms of Use.

Your Account

You must set up a BetterMoney account (an “Account”) in order to access and use the BetterMoney service.  An Account can only relate to a single, named individual. Any information you provide to us when setting up your Account must be true and correct.  You must update us if any of this information changes.

In order to set up an Account, you must be:
• an AMP customer; and
• aged 18 years or more.

You are responsible for keeping your Account password and other details secure and confidential.  If you think your Account has been accessed by an unauthorised third party, or there has been some other breach of security, you must immediately notify us by sending an email to support@better-money.co.nz.

Your use of the BetterMoney service

You must not:
• use the BetterMoney service for any unlawful purpose or in any way that breaches the rights of any third party;
• access the BetterMoney service in an unauthorised or unlawful manner;
• do anything that could place a disproportionately large or unreasonable load on the BetterMoney website or BetterMoney mobile application;
• make any modifications to, or attempt to reverse-engineer or decipher any of the software making up the BetterMoney service, the BetterMoney website or BetterMoney mobile application;
•  use any automated data gathering or extraction tools programmes or methodologies to access, acquire, copy or monitor the BetterMoney website;
• test, scan or circumvent the security of the BetterMoney service, website or mobile application;
• knowingly transmit any virus, worm, defect, Trojan horse or any other malicious code to the BetterMoney website or mobile application.

No warranties

If you are a consumer, you have rights under the Consumer Guarantees Act 1993 and other consumer protection legislation.  Nothing in these terms will exclude, limit or otherwise affect your statutory rights  

If you choose to use the BetterMoney service, you do so at your own risk.  Any information provided to you by us through the BetterMoney service is provided for your general information purposes only, and does not take into account your individual circumstances, objectives, financial situation or needs. The BetterMoney service is not intended to take the place of professional advice and you should not take action on specific issues in reliance on any information provided to you through, or in connection with, the BetterMoney service. Before making a financial decision, you need to consider (with or without the assistance of an adviser) whether this information is appropriate to your needs, objectives and circumstances.

From time to time, we may modify or enhance the Better Money service. We will provide you with reasonable notice of these changes if they have a significant effect on your use of the BetterMoney service.

We attempt to keep all information contained in, or connected to, the BetterMoney service accurate, complete and up-to-date. However, to the extent permitted by law, we make no representations and give no warranties (express or implied) that the information is free from errors, omissions or other inaccuracies or is up-to-date. AMP does not accept any liability for any reliance of any person on information provided through, or connected to, the BetterMoney service. Any currency references are references to New Zealand dollars unless otherwise specified.

AMP does not warrant that the BetterMoney service (or any of its functions), the BetterMoney website or the BetterMoney mobile application will always be available to you, that your access will be uninterrupted or error-free, that defects will be corrected, or that the BetterMoney website or the BetterMoney mobile application, or its servers, will be free of viruses or other harmful components.

AMP takes no responsibility for any third party sites linked to in connection with provision of the BetterMoney service. You acknowledge that you must obtain AMP’s permission prior to linking to the Service. Any use of third party links is at your own risk.

Terminating your Account

You may cancel your Account at any time by accessing the delete account option available through the BetterMoney website or mobile application.

We may cancel or suspend your Account at any time with immediate effect if you breach these Terms of Use. Upon cancellation of your Account, we will:
• immediately disable your Account and cease providing you with the BetterMoney service;
• immediately cease using your Account Credentials as your agent, and disconnect any connection or access we have to your Account Information; and
• delete all of the personal information we hold about you, including your Account Credentials and Account Information.

Intellectual property rights

AMP or its licensors own the copyright and all other intellectual property rights in all materials and content (including all text, graphics, images and logos) associated with the BetterMoney service, including in the BetterMoney brand, the BetterMoney website and the BetterMoney mobile application.

You may not copy, download, publish, distribute or reproduce any of the information or content contained in the BetterMoney service in any form without the prior written consent of AMP or the relevant licensor.

Privacy and security

We take your privacy seriously. Our Privacy Policy sets out how we collect, use, disclose and manage your personal information.

Our Security Policy explains in more detail what types security safeguards we have in place for protecting information we hold about you including your Account Credentials.

Your Account Credentials and relationship with your financial institutions

If you choose to make full use of the BetterMoney service you will be required to provide us with your account credentials (such as your usernames and passwords) used to log in to your accounts with various third party financial institutions, including banks, mortgage brokers and superannuation funds (“Account Credentials“).

By providing us with your Account Credentials, you consent to us using your Account Credentials as your authorised agent for the purpose of accessing information about your accounts with those third party institutions, including account balances and transaction records (“Account Information“) in order to provide you with the BetterMoney services you request.

You acknowledge that when we use your Account Credentials we can access your Account Information with third party financial institutions on your behalf and in doing so you may not be in compliance with the terms and conditions of your financial institution’s internet or online service.

Limitation of liability and indemnity

If you are a consumer, nothing in the limitations of liability in these Terms of Use, will exclude, limit or otherwise affect any rights or remedies you might have under the Consumer Guarantees Act 1993 or other consumer protection laws.

AMP will not be liable to you or any third party (whether or not we were advised of, or knew of, the possibility of such losses) in relation to any claim, loss, or damage arising out of or in connection with your use of the BetterMoney service or these Terms of Use, including without limitation, under any tort (including negligence), breach of contract, misrepresentation (other than fraudulent misrepresentation), intellectual property infringement, under any statute or otherwise, for any:
• indirect, special or consequential losses; or
• losses or damages arising out of changes made to the BetterMoney service, website or mobile application by unauthorised third parties; or
• loss of profit, revenue or business; or
• loss of your, or any third parties’, data or records; or
• loss arising from unauthorised transactions arising from the use of your Account Credentials or Account Information.

You agree to indemnify and hold harmless AMP, it officers, employees and agents, from and against any and all claims, liabilities, losses, costs and expenses arising from your use of the BetterMoney services, or any breach by you of these Terms of Use.

General

These Terms of Use are governed by the law in force in New Zealand, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New Zealand for determining any dispute arising from these Terms of Use.

If the whole or any part of a provision of these Terms of Use is held by a competent authority to be void, unenforceable or illegal, that provision or part of a provision is severed and the remaining provisions of these Terms of Use will continue in full force and effect.

Important information

Your use of BetterMoney is governed by our terms of use, and any personal information you share with us will be handed in accordance with our privacy policy. We work with Yodlee, the industry leader in account aggregation services, to provide BetterMoney to you. Details on Yodlee’s practices for data security, regulatory compliance, and privacy can be found here.

This communication was authorised by AMP Wealth Management New Zealand Limited and sent by AMP Services (NZ) Limited.