MOBILE BANKING TERMS AND CONDITIONS EFFECTIVE DATE: 19 SEP 2019
These terms and conditions govern your use of our mobile banking services, including use of our mobile banking app on an eligible mobile phone, tablet or other device. You should read these terms and conditions carefully together with other applicable documents, including the relevant fee schedule(s) and any other applicable specific terms and conditions.
A glossary of certain key words and phrases is included at section 6.
Unless otherwise specified by us, these Terms govern the use of all Mobile Banking Services we provide to you (now or in the future). Please read these Terms carefully as they place certain requirements and obligations on you. By registering for and/or using any Mobile Banking Service you acknowledge your acceptance of these Terms.
These Terms should be read together with:
If there is a conflict with our general terms and conditions, these Terms will prevail in relation to any Mobile Banking Service. Terms may also be implied by law.
You must also comply with any terms and conditions of use of your Device and any relevant app store or electronic store front from which you have installed an application or programme for the use of Mobile Banking Services.
We may at any time:
These changes will be communicated to you indirectly through the internet or the media, or directly by mail or email, or otherwise as we see fit.
Some words and phrases that are used in these Terms are defined in the glossary at section 6.
To register for or use any Mobile Banking Service, you must:
We may restrict or refuse registration for or use of any Mobile Banking Service (whether or not that Mobile Banking Service or a similar Mobile Banking Service has been provided in the past), and we may not (and do not need to) provide a reason for doing so.
You may cancel any Mobile Banking Service at any time by notifying us in writing or by phone. You will remain responsible for any transactions made through a Mobile Banking Service before such cancellation becomes effective.
We may suspend or cancel any Mobile Banking Service at any time in accordance with clause 1.3. Without limitation, this may include situations where a threat is posed to our online systems, or the purposes of carrying out periodic maintenance.
You agree to pay to us any fees and other charges relating to the use of each Mobile Banking Service as stated on our relevant fee schedule(s) from time, any amounts for which you indemnify us under these Terms, and all other amounts you have agreed to pay us under any other terms and conditions with us.
You must:
Without limiting your obligations above, you must:
You must notify us immediately if:
You acknowledge that there are risks involved with any breach of security relating to Mobile Banking Services, including risks that third parties may gain access to your confidential personal information.
You are liable, and you indemnify us, for all loss, including loss suffered by us, any of our customers, or any other person, if:
To the extent permitted by law, we are only liable for loss arising as a direct result of our fraud or negligence in relation to any Mobile Banking Service and (notwithstanding the foregoing) we are not liable and accept no responsibility for any loss:
To the extent permitted by law, the provisions of the Consumer Guarantees Act 1993 will not apply to any Mobile Banking Service provided to you where you receive the relevant Mobile Banking Service for business purposes.
From time to time we may provide updates to an application or programme from which a Mobile Banking Service may be accessed. We may require that you apply any such update to continue use of a Mobile Banking Service. We may also cease to support Devices from time to time. Subject to these Terms, you may continue to access Mobile Banking Services by updating your application or programme or using another eligible Device (as applicable).
We own or have obtained a valid licence to use all intellectual property, including copyright, used in relation to the Mobile Banking Services. Information you receive as part of any Mobile Banking Service may only be used for personal use and reference only, and may not be reproduced, distributed or transmitted to any person or incorporated into any other document without our prior written consent.
All rights of ownership over or in respect of the Mobile Banking Services and the hardware, software and other equipment used to provide them (other than rights to use the Mobile Banking Services pursuant to these Terms) shall remain solely ours.
5.3Enforceability If any of these Terms are held to be invalid, illegal or unenforceable that term will be severed and the remaining Terms will be enforceable.
These Terms will continue to apply notwithstanding the cancellation of any Mobile Banking Service
These Terms are governed by New Zealand law and are subject to the non-exclusive jurisdiction of the New Zealand courts.
In these Terms:
Customer or you means the recipient of any Mobile Banking Services provided by us, and includes your successors, assigns and transferees;
Device means an eligible mobile phone, tablet or other device;
Mobile Banking Services means all services and products provided by us to you through an application or other programme on a Device;
Security Details means any username, password, PIN and/or other authentication identifiers used to access any Mobile Banking Service, and includes any fingerprints or other relevant biometric information stored on your mobile phone, table or other eligible device;
Terms means these mobile banking terms and conditions;
The Bank of China Group means us, our related entities, and our associates;
We, us or our means each of Bank of China (New Zealand) Limited and Bank of China Limited, Auckland Branch and includes their respective officers, employees, agents and representatives, and their respective successors, assigns and transferees; and
A reference in these Terms to:
Headings will be ignored in the interpretation of these Terms.