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CashNav terms & conditions.
Terms & Conditions:
1. These terms and conditions (which include the “Summary”) (Terms) apply to your use of the CashNav app provided by Westpac New Zealand Limited (Westpac, we, us, our). References to you or your mean any individual using CashNav on your iPhone or Android smartphone or other mobile device (device).
2. By using CashNav and agreeing to these Terms, you also indicate your agreement to Westpac’s General Terms and Conditions (General Terms & Conditions), Westpac’s Privacy policy and any other terms and conditions that apply to your Westpac accounts, products and services. If we use any terms not defined in these Terms, they will have the meaning given in the General Terms & Conditions (unless that would not make sense in context).
3. If your device is an iPhone then the App Store Terms of Service Usage Rules will also apply. If your device uses the Android operating system, then the Google Play Terms of Service will apply.
4. You need internet access to use CashNav. Your ability to access and use CashNav may be interrupted from time to time for various reasons, including to enable us or our service providers to carry out routine maintenance and administration work, because of the malfunction of equipment or unavailability of an internet connection, if we become aware of any threat to any system that supports or relates to CashNav or because of other actions that Westpac, in its sole discretion, may elect to take. We’ll do our best to give you advance notice of any interruption.
5. Because we are always working to improve and maintain CashNav, we sometimes may ask you to install updates and upgrades. Unless we specify otherwise, these Terms will apply to any such updates or upgrades. We may collect and use information about your device, operating system and application software to facilitate the provision of software upgrades, product support and other services related to CashNav.
6. Your operating system provider (i.e. Apple or Google) has no obligation to provide any maintenance or support services with respect to CashNav.
7. Westpac grants you a limited, non-transferable licence to use CashNav on a device that you own or control in accordance with these Terms. You are responsible for the use of CashNav on your device, including any use by another person.
8. Only software approved by the relevant operating system provider (i.e. Apple or Google) should be installed on your device - unapproved software could contain malware designed to damage or gain unauthorised access to your device without your knowledge.
9. You agree that you won’t interfere with or use CashNav in an unauthorised manner, including agreeing that you won’t:
a) use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tool, program, algorithm or methodology to access, copy or monitor CashNav without Westpac’s express written consent; or
b) do anything that interferes with the proper working of CashNav, including posting or transmitting any file containing any virus, worm, Trojan horse or other contaminating or destructive feature.
10. You may only use CashNav for non-commercial, personal use. CashNav is not intended to provide any specific legal, accounting, financial or tax advice to individuals or entities and you should not rely on or use CashNav for those purposes.
11. There is no charge for downloading or using CashNav but you will need an internet connection. You are responsible for all associated charges from your internet or mobile network providers.
12. If you want to terminate your agreement with Westpac in relation to CashNav and stop your anonymous transaction data being sent to our third party service provider, Movencorp Inc. (Moven), you can do so at any time by:
a) emailing cashnav_support@westpac.co.nz and providing the following information:
- First and last names
- Contact phone number; and
b) deleting the app from your device.
13. Westpac may block or restrict your access to CashNav if you fail to comply with these Terms or any other applicable terms and conditions or if we are required to do so by law. If we block your access, the licence granted to you under these Terms will immediately terminate.
14. All intellectual property rights in and to CashNav, including copyright, belong to Westpac and/or our licensors. Except as expressly set out in these Terms, you do not have any intellectual property rights in or to CashNav or any improvements or variations. Nothing in these Terms or otherwise should be construed as granting any right to use any trade mark appearing within or in relation to CashNav without the express written permission of Westpac or such other applicable party.
15. You must not copy, reverse engineer, decompile, disassemble, attempt to derive the source code of, modify, create derivative works of, re-post to other web sites, frame, deep link to, change, or otherwise distribute, license, sub-licence or transfer in any form any aspect of CashNav.
16. Westpac, and not your operating system provider, is responsible for the content of CashNav. If your use of CashNav is challenged as a result of a claim relating to an infringement of third party intellectual property rights, you must immediately notify Westpac and allow Westpac to defend and settle any such claim on your behalf. Westpac may, at its discretion, modify or replace CashNav to the extent necessary to avoid or minimise this challenge. You acknowledge that your operating system provider will not be responsible for any such claim.
17. Westpac provides CashNav on an “as is” and “as available” basis and, except as required by law, neither Westpac nor Moven makes any warranty (either express or implied) about CashNav, including that use of CashNav will be uninterrupted or error-free or that the information provided is accurate, adequate, current or complete.
18. To the fullest extent permitted by law, neither Moven nor Westpac (or any other member of the Westpac group of companies) are liable for any loss arising from or in relation to:
a) use of CashNav, by either you or anyone using your device, that is not accordance with these Terms;
b) your reliance on the information provided in CashNav;
c) your internet access (or lack of access) or any device problems relating to your use of CashNav;
d) our inability to provide CashNav or carry out our obligations because of anything beyond our control, including the malfunction of any equipment or system associated with CashNav (including the internet), act of God, terrorist act or industrial strike; or
e) use of CashNav resulting in lost data or profits suffered by you or any other person.
19. You acknowledge that your operating system provider has no warranty obligations under these Terms and is not responsible for any claims made by you or any third party relating to CashNav, including product liability claims, any claim that CashNav fails to conform to any applicable legal or regulatory requirement, or any claim arising under consumer protection legislation.
20. We will give you 14 days’ notice if we need to change these Terms by Westpac One app message and/or by posting the notification on our website. If you keep using CashNav after the expiry of that notice period, then we’ll assume you have accepted the changes. If you don’t accept any changes, please uninstall and stop using CashNav.
21. You represent and warrant that you are not located in a country that is subject to a U.S Government embargo, or that has been designated by the U.S Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
22. If your device uses Apple’s operating system, you agree and acknowledge that Apple, and Apple’s subsidiaries are third party beneficiaries of these Terms, and that Apple will have the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
23. Apple and App Store are trademarks of Apple Inc. and may be registered in the US and other countries. Android is a trademark of Google Inc., use of which is subject to Google Permissions.
24. These Terms are governed by New Zealand law and the courts of New Zealand shall have non-exclusive jurisdiction.
25. You can contact us by:
- email using the form at westpac.custhelp.com/app/ask;
- calling us on 0800 400 600 (7am to 8pm weekdays, 8am - 5pm weekends) or +64 9 912 8000 from overseas (international charges apply).
Westpac New Zealand Limited.
Key things you need to know
1. To access the CashNav mobile application (CashNav), you must read and accept this Summary and the full CashNav Terms and Conditions, indicating your agreement to both by ticking "I agree to the CashNav Terms and Conditions" below. Please don't use CashNav if you don't agree to all of the terms.
2. CashNav provides insight into your spending patterns at a glance. To do this, we need to share your anonymous transaction history with our third party service provider, Movencorp Inc. (Moven). Your acceptance of these terms and conditions includes your agreement that Westpac will share your transaction data with Moven, who will only use it to provide the CashNav services.
3. Your account details will only be accessible by Westpac. We won't share your personal information with Moven and your transaction data will be anonymous at all times. Moven will store that data in a secure Australia data centre owned by a third party service provider.
4. The privacy provisions in the General Terms and Conditions and our online Privacy policy apply to Westpac's use of your personal information associated with CashNav. We may use that information for any purpose associated with your use of CashNav and our digital banking services generally.
5. You can only use CashNav if you are a Westpac customer registered to use our digital banking with at least one eligible Westpac transaction, debit or credit card account or a Choices Everyday account.
6. You may receive various alerts from CashNav about your spending behaviour, as well as notifications about upgrades, maintenance, new features and other relevant information. We are always looking at how to improve CashNav and so we may add, change or delete alerts from time to time.
7. The information in CashNav is made available for general information purposes only and isn't intended to provide any recommendations or opinions about your financial activity. You should speak to an authorised financial adviser if you'd like advice that takes account of your personal financial situation or goals.