BNZ Convert It terms and conditions

Thank you for downloading BNZ Convert It.  

These Terms apply to your access to and use of BNZ Convert It.  It is important you read these Terms carefully.   If you would like more information on how to get the most out of BNZ Convert It, please go to Answers to frequently asked questions about BNZ Convert It are available in the ‘FAQ’ section of the app.

1. Interpretation

1.1 Definitions

Anonymous Data:means data about your download and/or use of BNZ Convert It that does not identify you or any other individual.

BNZ, us or our: means Bank of New Zealand.

BNZ Convert It: means the application known as BNZ Convert It, provided by BNZ.

Electronic Message: means a message sent by electronic means, including a push message, text message and/or email (to the extent you have provided the relevant contact information to us).

FAQs: means frequently asked questions and answers about BNZ Convert It, as updated from time to time and available under the FAQ section of the app.

Intellectual Property Rights: means all current and future registered and unregistered intellectual property rights, including rights in respect of patents, trade marks, trade names, logos, designs, copyright, rights in each of know-how, confidential information, data and trade secrets and all analogous rights and pending applications.

Loss: means any costs; loss of profits, opportunity or anticipated savings (in each case, whether direct or indirect) or any indirect or consequential loss howsoever suffered or incurred by you or any third party.

Personal Information:has the meaning given to that term in the Privacy Act 1993.

Related Company: has the meaning given to that term in section 2 of the Companies Act 1993 provided that the reference to ‘company’ shall include a body corporate wherever incorporated.

Terms: means these Terms of Use and any additional terms brought to your attention when you are downloading or using BNZ Convert It, in each case as amended by BNZ from time to time.

you: means the end user that is accessing and using BNZ Convert It (and "your”has a corresponding meaning). 

1.2  Interpretation

In these Terms:

(a) headings are for convenience only and do not affect interpretation;

(b) a reference to a statute includes all regulations under and amendments to that statute and any statute passed in substitution for that statute;

(c) a word importing the singular includes the plural and vice versa;

(d) a reference to a party to these Terms includes that party’s successors and permitted assigns and substitutes;

(e) the word person includes an individual, a body corporate, an association of persons (whether corporate or not), a trust or government agency, in each case, whether or not having a separate legal personality; and (e) references to “including” shall be construed as “including, without limitation”.

2. Introduction

2.1 Thank you for using BNZ Convert It. BNZ Convert It is provided by BNZ.

2.2 Please read these Terms carefully. By downloading BNZ Convert It, and each time you use BNZ Convert It, you confirm that you have read, understand and agree to these Terms in full.  If you do not agree to these Terms, you must not use BNZ Convert It. 

2.3 BNZ may update these Terms (or any part of them) at any time upon 14 days’ notice.  However, where changes are made to protect the security of BNZ’s systems or to comply with a change in law, BNZ can tell you after the change has become effective.  If the update will have a material effect (in BNZ’s reasonable opinion) on your use of BNZ Convert It, BNZ will notify you by Electronic Message.  Any other updates may be notified by Electronic Message or by publishing an updated version of these Terms in BNZ Convert It.  By continuing to use BNZ Convert It, you will be deemed to agree to the updated Terms.  You are responsible for checking the Terms published in BNZ Convert It and reviewing these Terms regularly to ensure that you are aware of any updates.  

3. Eligibility

3.1 You can download BNZ Convert It from the App Store (for iOS) or the Google Play Store (for Android).

3.2  To download and use BNZ Convert It, you must:

(a) be living in New Zealand (BNZ Convert It is intended for use by New Zealand residents when they are travelling overseas);

(b) be at least 18 years old; and

(c)  have an internet-enabled eligible mobile device which uses a software version that supports BNZ Convert It.  

If you move out of New Zealand after you have downloaded BNZ Convert It, you will not be eligible to use BNZ Convert It and you must delete the app from your mobile device.

3.3  BNZ Convert It is not accessed through individual user accounts and accordingly you are not required to set up an individual account in order to use BNZ Convert It.  You do not need to be a BNZ customer.

4. Security

4.1  BNZ may implement, add and enforce any security measures it deems appropriate for BNZ Convert It at any time.

4.2  BNZ may, but is not obliged to, monitor your use of BNZ Convert It and may terminate or suspend your access to BNZ Convert It at any time.

5. Intellectual property

5.1  All Intellectual Property Rights in BNZ Convert It are owned exclusively by BNZ or its licensors.

5.2  BNZ grants you a limited, non-exclusive, non-transferable, revocable, licence to access and use BNZ Convert It in accordance with these Terms strictly for your personal use. 

5.3 These Terms do not grant you any right to modify, copy, reproduce, create derivative works or adaptations based on BNZ Convert It or to publish, transmit, market, distribute, rent, loan, lease, sell, sublicense, or otherwise transfer all or any part of BNZ Convert It or any rights granted by these Terms to any other person.

6. Your obligations

6.1  You must not:

(a) use BNZ Convert It in any way which may impair or damage the underlying systems or the ability of any other user to enjoy or use BNZ Convert It;

(b) introduce any viruses, content or code which is technologically harmful, or do anything that may disable, overburden or impair the proper working of BNZ Convert It;

(c) use BNZ Convert It in any way which breaches any applicable law or infringes any third party rights;

(d) take any steps to disassemble, decompile, or reverse engineer all or any part of BNZ Convert It (or permit any other person to do so);

(e) facilitate or encourage any breach of these Terms; or

(f) attempt to do any of the above.

7.  Anonymous Data collection

7.1 When you download and use BNZ Convert It, BNZ may collect, process and store Anonymous Data, for the purposes set out in clause 7.5 below.  This may include information relating to the version of BNZ Convert It you are using, as well as information relating to your mobile device (such as the type and model, operating system, IP address and security information).  BNZ also collects Anonymous Data relating to the location of your mobile device, using software and your IP address. 

7.2  The Anonymous Data that BNZ collects may include unique identifiers relating to you, such as your IP address and device ID.  However, this data does not identify you and BNZ does not link this information to you. 

7.3  BNZ may disclose Anonymous Data to third parties, and permit third parties to collect Anonymous Data, for the purposes set out in clause 7.5 below.  For example, BNZ may disclose Anonymous Data to our data analytics providers and social media platforms that we advertise on.

7.4  The Anonymous Data that BNZ permits third parties to collect may include unique identifiers relating to you, such as your IP address and device ID.  However, this data does not identify you and BNZ does not permit any third parties to link this information to you.  However, nothing in these Terms limits any authorisation that you have or may provide to a third party at any time, such as a social media platform, under their separate terms and conditions.  

7.5  BNZ may use, and permit third parties to use, Anonymous Data:

(a) to enable you to enjoy the benefits of BNZ Convert It.  For example, information about your location enables BNZ Convert It to default to a conversion from the currency of the country in which you are located;

(b) for security purposes, to monitor and manage any end user issues with BNZ Convert It and required upgrades, for customer support and to further develop BNZ Convert It;

(c) together with analytics software to improve our advertising and deliver you content and offers that BNZ thinks are more relevant to you both inside and outside of BNZ Convert It – refer to paragraph 7.6 below; and

(d) to generate insights, for BNZ’s and BNZ’s Related Companies’ internal use.

7.6 BNZ may display advertising information to you, from time to time, both inside and outside of BNZ Convert It.  For example, BNZ may display information to you about:

(a) BNZ products and services that might be of interest to you;

(b) events, fundraising or organisations that BNZ supports;

or (c) products and services from persons or organisations that BNZ has partnered with (BNZ only partners with organisations that meet BNZ’s high standards).  BNZ will not use any information that identifies you for this purpose, however the information that is displayed to you may be tailored to your Anonymous Data.  Please refer to the FAQs for further information about unsubscribing from tailored advertising.

7.7  Nothing in these Terms limits any rights or obligations that we may have under applicable data protection and privacy laws, including under the Privacy Act 1993.

8.  Information about you

8.1 In general, BNZ will not collect Personal  Information when you use BNZ Convert It.  However, to the extent that any Anonymous Data is Personal Information, or if you choose to provide any Personal Information to us (for example, if you contact us with any questions), you agree that the provisions of BNZ’s Standard Terms and Conditions from time to time (available here) that relate to Personal Information (currently section 9) are incorporated into these Terms as if set out in full in this section.  For the purposes of that section, if you are not a current customer of BNZ, you will be deemed to be a customer on the basis of you downloading BNZ Convert It.

9. Third party terms

9.1  BNZ Convert It contains third party software and services.  When you use BNZ Convert It, you are agreeing to BNZ’s use of such third party software and services.  You are also agreeing to, and must comply with, any applicable third party terms, including terms of use, license or privacy policy, that are notified to you on BNZ Convert It.  A breach of any such third party terms will be deemed a breach of these Terms.

10. Termination, suspension and changes to BNZ Convert It

10.1 BNZ may terminate access to, or the availability of, BNZ Convert It, or any functionality of BNZ Convert It, with or without cause at any time.  BNZ will endeavour to (but is not required to) provide you with reasonable notice of the termination of access to, or the availability of, BNZ Convert It (which notice may be provided by any means, including notice on BNZ Convert It). 

10.2 BNZ may temporarily suspend your access to BNZ Convert It if BNZ determines (at its discretion) that there has been a breach of any of these Terms or there is a threat or attack on BNZ Convert It or other event that may create a risk to the integrity, security and/or proper operation of BNZ Convert It, BNZ or any user of BNZ Convert It.

10.3 BNZ may change the format, content and/or functionality of all or any part of BNZ Convert It at any time.

10.4 BNZ is not liable for any Loss that you suffer or incur as a result of any termination or suspension of, or changes to, BNZ Convert It.

10.5 You may delete BNZ Convert It at any time.

10.6 Updates to BNZ Convert It may be issued from time to time (in BNZ’s discretion).  Depending on the update, you may not be able to use all or part of BNZ Convert It until you have downloaded the latest version of BNZ Convert It and accepted any new terms.

11. Disclaimer and limitation of liability

11.1  BNZ will not be liable for any Loss:

(a) arising as a result of us acting in accordance with these Terms;

(b) caused by circumstances outside our control, including any machine failure or problems with any system or network; or

(c) arising as a result of your use of, or inability to use, BNZ Convert It. 

11.2  Nothing in these Terms excludes or limits:

(a)  BNZ’s liability for acting fraudulently;

(b)  BNZ’s liability under the Consumer Guarantees Act 1993 (unless you are using BNZ Convert It for a business purpose, in which case, you agree that the Consumer Guarantees Act 1993 does not apply); or

(c) any other liability that cannot be excluded by law.  

11.3  You acknowledge that, while BNZ has endeavoured to ensure that the information available on BNZ Convert It (including currency rates) is accurate and free from error:

(a) BNZ Convert It is provided on an “as is” and “as available” basis for general information and indicative purposes only;

(b) BNZ does not warrant the accuracy, adequacy, timeliness, reliability or completeness of any information on BNZ Convert It, or that it is suitable for your particular purpose;

(c) BNZ relies on, and does not independently verify, any information provided to us by third parties or accessed from third parties using APIs; and

(d) BNZ disclaims all representations, warranties and conditions of any kind, under or in connection with these Terms and/or BNZ Convert It. 

11.4  Without limiting this clause 11:

(a) all calculations are intended only as a guide;

(b) the foreign exchange rates used by BNZ Convert It are indicative only and are subject to change without notice and to internet connectivity - further information about the rates used by BNZ Convert It is available on the FAQs (including information about the frequency of rate updates); and

(c) the calculations do not include additional costs that may apply to foreign transactions, such as fees, charges and any applicable taxes and duties.

11.5 BNZ takes the security of your information seriously.  However, despite BNZ’s best efforts, BNZ cannot guarantee that BNZ Convert It or the transmission of data over the internet will be 100% secure or uninterrupted.

11.6 You are solely responsible for any third party charges you may incur in connection with your use of BNZ Convert It (including any charges from your mobile phone network operator for downloading, installing and using BNZ Convert It, which may include global roaming charges where you download, install or use BNZ Convert It overseas).

11.7 BNZ Convert It may include links to other applications and websites that are not owned and controlled by BNZ.  Any links to third party applications or websites are provided for convenience only.  BNZ does not endorse, and are not responsible or liable for any loss or damage incurred by you as a result of your access to those applications and websites.

11.8 There may be important terms and conditions that are displayed only when you click on information icons or links within BNZ Convert It.  You must access and read those terms and conditions, and by using BNZ Convert It, those terms and conditions apply to your use of BNZ Convert It, in addition to these Terms.

11.9 You acknowledge that the disclaimers and limitations on liability set out in this clause 11 are fair and reasonable in light of the fact that BNZ Convert It is provided to you free of charge.

12. Notices from BNZ

12.1  You agree that you will receive all notices required under these Terms by Electronic Message.

13.  Assignment

13.1  Subject to the next sentence, no party may assign any of its rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld).  BNZ may assign or novate these Terms (in whole or in part), without notice, to its related bodies corporate or in connection with a merger, acquisition, corporate reorganisation, or sale of all or substantially all of its assets, and you hereby give consent to any such assignment or novation.

14. Miscellaneous

14.1 These Terms are the entire agreement between the parties and supersede and cancel any previous representations, agreements, understandings or arrangements (whether written or oral) between you and BNZ relating to your access to and use of BNZ Convert It.

14.2 Any part or all of any clause of these Terms that is found by a court or other competent authority to be illegal or unenforceable must be severed from these Terms and will not affect the continued operation of the remaining provisions of these Terms.

14.3 Waiver of any power or right under these Terms must be in writing signed by the party entitled to the benefit of that power or right.

14.4 The rights under these Terms expressed to be for the benefit of any Related Company of BNZ are intended to be enforceable by that party in accordance with Part 2, Subpart 1 (Contractual Privity) of the Contract and Commercial Law Act 2017.

15. Governing law

15.1 These Terms are governed by the laws of New Zealand.  Each party irrevocably submits to the exclusive jurisdiction of the courts of New Zealand.

These Terms were last updated on 20 July 2018.