1. The "App Terms" consist of:
2. these App-specific Terms;
3. if You have registered for My AMP the Account Access and Operating Terms and Conditions issued by AMP Bank as if references in those terms to ‘My AMP’ were a reference to the AMP apps; and
4. if You have registered for My AMPthe terms and conditions which apply to the use of My AMP/My Portfolio ("My AMP Terms") as if references in those terms to 'My AMP or 'website' were a reference to the AMP apps.
Where there is an inconsistency between the App-specific Terms and either the Account Access and Operating Terms and Conditions or the My AMP Terms, the App-specific Terms prevail in relation to the My AMP app.
1. Subject to the law and the ePayments Code, 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 My AMP app.
2. 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 My AMP app.
3. The My AMP 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 My AMP app if you have first registered and obtained login details and a Password for either My AMP, as required by AMP from time to time.
4. AMP Bank warrants that it will comply with the ePayments Code in relation to, and that the relevant provisions of the Code of Banking Practice apply to, the banking services provided through the My AMP app.
Fees and charges
1. Subject to the law and any applicable codes, AMP may charge fees for using the AMP apps. Any fees and charges that apply to your AMP products accessible through the AMP apps will continue to apply to transactions made using the My AMP app. Information on our current fees and charges applicable to the AMP apps is available on request.
2. AMP will give you at least 30 days prior notice of imposing or increasing any fee relating solely to the use of the AMP apps.
Intellectual Property and Licence
1. All copyright and other intellectual property rights in the My AMP app or Bett3r app are owned by AMP and/or its licensors.
2. AMP grants you a revocable, non-transferable, non-exclusive licence to download, install and use the software for the My AMP app or Bett3r app on your Mobile Device for your own purposes. This licence is subject to any limitations or restrictions on the permitted use of this app contained in the App Distributor Terms. You must not (and must not attempt to):
3. copy, distribute, translate, modify, tamper with, disassemble, decompile, reverse engineer the AMP apps or derive the AMP app's source code from its object code;
4. sell, rent, lease, sub-license, assign, exchange or otherwise transfer the AMP apps or your rights under the App Terms;
5. create derivative works of or from the AMP apps;
6. use the AMP apps in a manner which would contravene the App Distributor Terms; or
7. permit or assist any person to engage in any act described in paragraphs (a) to (d) above.
Use of the AMP apps
1. You must provide your own internet access and Mobile Device in order to download, install and use the My AMP app. You are solely responsible for all internet access, data download and other network charges arising from your downloading, installation or use of the My AMP app (including any global roaming charges where you use the My AMP app overseas) and you acknowledge and agree that AMP has no responsibility or liability for those charges.
2. 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 My AMP app.
3. You are responsible for the operation and maintenance of your Mobile Device and for ensuring the My AMP app operates correctly on your Mobile Device.
4. You must use a personal identification number ("PIN") to access the My AMP 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 My AMP app.
5. You must keep your PIN for the My AMP app confidential, and not disclose it to any person, or authorise or permit any other person to use the My AMP app on your Mobile Device. If you breach your obligations under this paragraph and another person:
6. uses the My AMP app on your Mobile Device; or
7. uses your PIN for the My AMP app,
You are responsible and liable for that use of the My AMP app or PIN, as if that use of the My AMP app was by you.
1. You should keep your Mobile Device safe. The security of the Mobile Device is very important because it may allow unrestricted access to your Accounts. 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 My AMP app or Bett3r app. Ensure that you lock your Mobile Device and take any reasonable steps to stop unauthorised use of the My AMP app or Bett3r app. If you fail to observe the reasonable security requirements set out in these App-specific Terms, you may incur liability for unauthorised use.
2. AMP has the right to monitor and, where applicable, refuse to transmit or post any transmissions made using the My AMP app or Bett3r app.
3. To use the My AMP app or Bett3r app and its features, you must grant the My AMP app or Bett3r 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 My AMP app or Bett3r app or some of its features.
4. The My AMP app and Bett3r app uses the internet to provide services and information. By using the My AMP app or Bett3r 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.
5. AMP does not warrant or guarantee the security of the My AMP app or Bett3r 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.
6. You must only install approved applications on your Mobile Device and never override the software lockdown (i.e. "jailbreak" your Mobile Device).
7. All software has security vulnerabilities. AMP may from time to time identify vulnerabilities in the My AMP app or Bett3r 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 My AMP app available from time to time, and will check regularly for updates to the My AMP app or Bett3r app.
Reporting unauthorised transactions or PIN revealed
1. You must tell us as soon as possible if:
2. You suspect that Your PIN is known to someone else;
3. You suspect any unauthorised use of Your Accounts; or
4. 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.
Performance of the My AMP app & Bett3r app
1. AMP will use reasonable endeavours to generally make the services provided through the My AMP app or Bett3r 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:
2. that You will be able to use the My AMP app or Bett3r app at any time; or
3. that Your use of the My AMP app or Bett3r app will be continuous, uninterrupted, secure or error-free.
4. You acknowledge and agree that the services provided through the My AMP app or Bett3r 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:
5. any network connection difficulties occur;
6. the systems providing those services are unavailable for any reason (including so that maintenance can be performed);
7. You breach any of the App Terms; or
8. AMP decides to terminate Your access to those services for any reason.
9. AMP makes no guarantee as to the speed, reliability or other performance of the My AMP app or Bett3r app. The performance of the My AMP app or Bett3r 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 My AMP app or Bett3r app.
10. The information provided in the My AMP app or Bett3r 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 My AMP app or Bett3r 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 My AMP app or Bett3r 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 My AMP app
1. AMP reserves the right to suspend, block access or terminate your use of an AMP 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 an AMP app and remove it (and all associated data) from your Mobile Device.
1. You must not use (or attempt to use) an AMP app:
2. for any unlawful or dishonest activity;
3. 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;
4. to obtain unauthorised access to (or damage, disrupt or interfere with the operation of) any computer, system, application, network or service;
5. to transmit, publish or communicate bulk and/or unsolicited messages;
6. in any way that may bring negative exposure or harm to AMP, its suppliers or other users of anAMP app; or
7. in any way that may cause AMP, its suppliers or other users of an AMP app to incur liability to a third party.
8. 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.
1. 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. However, certain statutory guarantees and implied warranties are conferred by the ASIC Act, the Australian Consumer Law and other similar legislation of Australian states and territories in relation to the supply of goods or services to a consumer (collectively, the "Consumer Guarantees"). The operation of the Consumer Guarantees is not excluded, restricted or modified under the App Terms.
1. Except for any liability under the Consumer Guarantees:
2. AMP is not liable for any Loss or other consequences arising from or in connection with:
3. Your downloading, installation and use of (or inability to download, install or use) an AMP 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;
4. any action taken or not taken by a third party in relation to a transaction that involves a third party;
5. any information provided to AMP that may be inaccurate; or
6. any damage to your Mobile Device as result of accessing or attempting to access an AMP app; or
7. You taking pictures of app screens in the course of using an AMP app; and
8. to the extent permitted by law, AMP's liability is limited to resupplying the services accessible through an AMP app or to paying for the resupply of an AMP app or any part of it to you.
4. If you use an AMP app, the information that AMP may collect and store includes, without limitation:
5. the type of operating system and/or other software or firmware used by your Mobile Device;
6. the data you send and receive using an AMP AMP app, and the type and quantity of that data;
7. the dates on which and times at which you use any AMP app; and
8. the IP and MAC address of your Mobile Device.
1. 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.
2. Any person defined as 'AMP' may exercise a right available to 'AMP' under the App Terms without reference to the other.
3. 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.
4. The App-specific Terms are governed by the laws of New South Wales. You submit to the non exclusive jurisdiction of the courts of New South Wales.
1. In the App-specific Terms: a reference to the "My AMP app or bett3r app" includes updates to any AMP 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:
"Account" means, unless the context otherwise requires, an AMP Bank deposit or loan account. The terms and conditions applying to an AMP Bank deposit account are set out in the Deposit Products Terms and Conditions, and the terms and conditions applying to an AMP Bank loan account are set out in the relevant loan terms and conditions.
"AMP" means AMP Life Limited ABN 84 079 300 379 AFSL 233671 ("AMP Life") and AMP Bank Limited ABN 15 081 596 009 AFSL 234517 Australian credit licence 234517 ("AMP Bank"), jointly and severally, except that You acknowledge and agree:
1. that the non-banking services (and the information obtained through them) are provided solely by AMP Life (or the other person that provides the relevant information under the My AMP Terms) under the My AMP Terms; and
2. that the banking services (and the information obtained through them) are provided solely by AMP Bank under the Account Access and Operating Terms and Conditions.
"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 an AMP app, as may be updated from time to time.
"Code of Banking Practice" means the Code of Banking Practice that has been adopted by AMP Bank.
"ePayments Code" means the ePayments Code, administered by the Australian Securities and Investments Commission, originally issued on 19 September 2011.
"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 3GS iPhone with iOS version 7.0 or later software, that is internet-enabled device for cellular or wireless connection or an equivalent device that is compatible with the AMP apps and has a current and working internet connection.
1. in relation to the My AMP and other banking services available through the AMP apps, has the meaning given in the Account Access and Operating Terms and Conditions; and
in relation to the My AMP services available through AMP apps, has the meaning given in the My AMP Terms