BY USING UP YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.
If you do not wish to be bound by these terms and conditions you should cease using and uninstall Up immediately.
Up is a brand of Bendigo and Adelaide Bank Limited ABN 11 068 049 178 AFSL/Australian Credit Licence 237879 of The Bendigo Centre PO Box 471 Bendigo Vic 3550 (“we”, “us” and “our”).
The Up software application is published by Up Money Pty Ltd ACN 624 373 084 on our behalf. By using Up and agreeing to these Terms and Conditions of Use you agree that we, and not Up Money Pty Ltd, are providing Up to you and Up Money Pty Ltd is not responsible or liable to you in relation to your use of Up or any services provided to you through Up.
Banking and Financial Services relating to Up
All Up-branded banking and financial products and services described in these Terms and Conditions of Use are issued and provided by us.
All Wise-branded international money transfer products and services that may be accessed or used through Up are issued and provided by Wise Australia Pty Ltd ACN 616 463 855 AFSL 513764 (“Wise”).
If you apply for any Up-branded financial product or financial service through or in relation to Up, you will enter into a separate contract with us in relation to the Up-branded financial product or financial service. This includes any bank accounts you open and/or access through Up and any domestic transfers or payments you make from such accounts. When you set up a new “Saver” in Up an Up Saver Account will be established in your name and the account will be displayed in Up as a “Saver”. The current terms and conditions that apply to Up accounts and payment facilities provided by us in relation to Up are set out in our Up Personal Accounts Terms and Conditions which can be accessed during sign up or on the Up website at https://up.com.au/terms.
Your use of Up to make domestic transfers and payments is governed by our Up Personal Accounts Terms and Conditions. If there is any inconsistency between these Up Terms and Conditions of Use and our Up Personal Accounts Terms and Conditions in relation to your use of Up to make transfers or payments from your Up-branded accounts, our Up Personal Accounts Terms and Conditions prevail.
If you apply for a Wise account through Up, or you link an existing Wise account to Up, your use of Wise through Up will be governed by the contract between you and Wise in relation to the Wise services. Wise’s terms and conditions are contained in its current Product Disclosure Statement (PDS) which can be accessed during Wise account sign up or on the Wise website.
Any instructions you give in relation to a Wise transfer, whether through Up or otherwise, are given to Wise. Wise, and not us, is responsible to you in respect of your Wise account and any Wise transfer.
Up is only available to Australian residents aged 16 years or older who have a mobile device capable of accessing the internet (“Device”) that is compatible with Up. Not all Devices may be capable of accessing and using Up. You are responsible for obtaining your own Device and mobile data plan to use Up and any associated costs including any telecommunications network charges are at your own expense. You will also need to maintain adequate back-up of your mobile device, including its content and applications.
The features, access, transactions and actions you can conduct using Up may differ depending on the type of Device, the features released, and the version of Up you are using and, may change from time to time without notice to you. If we release a new version or update to Up, we may require that you download or update to the new version before you can continue to access and use Up.
Security and logging into your device
When you sign up for Up you will need to designate a secret to use and authenticate with Up in the future.
You must take all reasonable precautions to keep your secret confidential. You must not disclose your secret to any other person.
You must also take all reasonable precautions to keep any Device on which you install Up secure including, without limitation, by using a Device passcode, password or personal identical number to lock and secure your Device when you are not using it or by using such other security functionality as is provided by your Device. You must not allow any other person to use Up on your Device or to impersonate you in Up.
If your secret becomes known to anyone, you must immediately change your secret. If you become aware or suspect that another person may have used your secret to login to Up, you must tell us as soon as possible. You must also tell us immediately if your Device is compromised, lost or stolen.
You must not do anything in relation to Up that could threaten the integrity and security of Up or any Up-related system or arrangement. Without limitation, you must not seek to introduce any virus or other malware to any Up-related system and if you become aware your Device has or made be infected with a virus or malware you must not use Up on the Device until the virus or malware has been completely removed and your Device is secure.
We warrant that we will comply with the requirements of the ePayments Code.
Advice and information
Before you make any decision or act on any advice or information provided to you in Up (such as information based on an analysis of the transactions on your Up-related accounts), you must consider whether the advice is appropriate for you based on your financial objectives, situation and needs.
We do not charge you any fees for downloading and using Up. Details of the fees, charges and interest payable by you to us in relation to Up deposit accounts and domestic transfers and payments are set out in our Up Personal Account Terms and Conditions and in Up. If you have an Up credit product, the applicable fees and charges will be set out in your credit contract or otherwise notified to you in writing.
The details of the fees and charges payable by you to Wise in relation to any Wise services Wise provides to you are set out in Wise’s Product Disclosure Statement (PDS)
License and Intellectual Property
Subject to these Terms and Conditions of Use, we grant you a personal, non-exclusive, non-transferable, limited and revocable license to use Up for personal and/or non-commercial use on a compatible Device owned by you or owned by your employer. Any use of Up (in whole or part) in any other manner, including but not limited to, resale, transfer, modification or distribution of Up is prohibited.
You do not have any right, title or interest in or to any proprietary rights relating to Up or the information contained in Up and you will not reproduce information obtained by using Up except where such reproduction is for your own personal non-commercial use in accordance with these Terms and Conditions of Use.
The Up software application is our proprietary property. You may not: (a) sublicense, assign, or transfer this license for the application; (b) sell, lease, license or otherwise distribute the application to any third party; or (c) reverse assemble, reverse compile, or otherwise obtain or attempt to obtain the source code of the application, except as specifically permitted by law.
With respect to any idea, know-how, concept, technique, invention, discovery or improvement, whether or not patentable, expressed or given to us, you grant to us an irrevocable, non-exclusive, worldwide, unrestricted, and paid up license to include the foregoing in any product or service, and to use, manufacture and market any such product or service.
To the maximum extent permitted by law, the Up application (including its content and output) and all Up application-related documentation and technical support are provided "as is" and “as available” without any express or implied warranties, including any warranties of merchantability, fitness for a particular purpose or non-infringement. Any inaccurate display of information relating to a banking or financial product in relation to Up does not have any impact on your or our rights and obligations in relation to the banking or financial product.
Except to the extent (if any) required by mandatory provisions of applicable Australian law, our sole warranty obligation concerning the Up app will be to use our reasonable efforts to respond during business hours to any problem reported by you. Other than the foregoing obligation, we do not provide technical support for Up under these Terms and Conditions of Use.
To the maximum extent permitted by law, we and the other members of the Bendigo and Adelaide Bank Group are not liable to you in respect of any loss or damage you suffer in respect of your use or access or attempted use or access of or reliance on Up. Without limitation, this includes any loss or damage you suffer as a result of damage to a Device caused by your access or use or attempted access or use of Up.
Where our liability to you cannot be excluded, our liability is limited to correcting any mistake or error and, where necessary, re-performing our obligations or re-supplying any relevant services correctly.
In no circumstances will we or any other member of the Bendigo and Adelaide Bank Group be liable to you for any special, incidental, exemplary, consequential or indirect damages or any lost profits, business, revenue, goodwill, or anticipated savings or loss of, or damage to, data.
You must reimburse and indemnify us and each member of the Bendigo and Adelaide Bank Group against and in respect of any loss, expense, damage, claim or demand suffered or incurred as a result of you breaching these Terms and Conditions of Use. However, you will not be liable to us to the extent any loss, expense, damage, claim or demand is suffered or incurred as a result of the fraud, negligence or wilful misconduct of us or our officers, employees, contractors or agents or any receiver appointed by us.
You agree that we may set off or deduct any amount you owe us in relation to these Terms and Conditions of Use against or from any other amounts we owe you including from the balance of any Up-related account you hold with us.
Changes to these Terms and Conditions of Use
We may change these Terms and Conditions of Use at any time. We will notify you of any changes and may require that you accept the change or re-accept the changed Terms and Conditions of Use before continuing to use Up. If you continue to use Up after we have notified you of any change to these Terms and Conditions of Use, you will be deemed to have accepted the change.
Suspension and termination
We may suspend your use of Up, or a feature within Up, without prior notice at any time, including (without limitation) if we suspect that Up is being accessed or used otherwise than in accordance with these Terms and Conditions of Use.
We may also disable, remove or terminate your ability to access Up, or cease to offer Up or a feature within Up, at any time for any reason. We will give you reasonable prior notice before doing so unless we believe that doing so is necessary to protect the integrity or security any Up-related systems or arrangements or to protect us from suffering damage or loss (in which case we will notify you as soon as practicable afterwards).
Complaints and Disputes
You should contact us through Up if you have any complaints or disputes. You agree to raise any Up-related complaint or dispute with us, and to give us a reasonable opportunity to consider, respond to and resolve to your complaint or dispute, before you initiate any legal proceedings (other than legal proceedings for urgent or injunctive relief).
We may give you any information, notices or other documents (each a “Communication”) related to Up by:
- notification (including a push notification) or message sent to you or your Device through Up;
- displaying the Communication or making the Communication available to you in Up;
- by letter to the address recorded for you in Up;
- by email to the email address recorded for you in Up;
- by SMS text message to the mobile number recorded for you in Up; or
- in any other manner allowed by law.
Depending on your Device settings, where we send you a Communication by notification in or through Up, the Communication may be seen by other people (including unauthorised people) who are able to see your Device. Please ensure that you check your notification settings on your Devices to ensure the privacy and notification settings are appropriate and acceptable to you.
You must ensure that the contact details recorded for you in Up (including your address, email address and mobile number) are correct and up-to-date and promptly change your contact details in Up to reflect any change to your contact details.
You may give us a Communication by using any facility we provide in Up for contacting us or by email to email@example.com or by post to The Bendigo Centre (PO Box 471) Bendigo VIC 3550 or in any other manner allowed by law.
Each provision and part of these Terms and Conditions of Use must be read down to the extent necessary to be valid and enforceable. If any provision or part of these Terms and Conditions of Use cannot be so read down, or is deemed invalid or unenforceable, the provision is severed from these Terms and Conditions of Use without affecting the validity or enforceability of the remaining provisions or parts these Terms and Conditions of Use, which will remain in full force and effect.
A failure by us to assert any right under these Terms and Conditions of Use will not constitute a waiver of that right nor will any such failure be taken to be a further or continuing waiver of that term or right.
You cannot assign or otherwise transfer any of your rights granted under these Terms and Conditions of Use without our prior written consent. We may assign or otherwise transfer or deal with any of our rights and obligations under these Terms and Conditions of Use at any time without your prior consent.
The laws of Victoria, Australia apply to these Terms and Conditions of Use and you and us agree that the Courts of Victoria and Courts hearing appeals from them have non-exclusive jurisdiction in relation to these Terms and Conditions of Use.