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Up Terms and Conditions of Use

This is an important document.

It sets out the terms and conditions that will apply to you if you sign up for and use Up.

BY USING UP YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OFUSE.

If you do not wish to be bound by these Terms you should cease using and uninstall Up immediately.

About Up

Up is a software application (“Up”) provided by Up Money Pty Ltd ACN 624 373 084 (“we”, “us” and “our”) of The Bendigo Centre (PO Box 471) Bendigo VIC 3550.

We are a subsidiary of Bendigo and Adelaide Bank Limited ABN 11 068 049 178 (“the Bank”) and a member of the Bendigo and Adelaide Bank Group (“the Bendigo and Adelaide Bank Group”) which includes the Bank and each of its subsidiaries.

Although we are a member of the Bendigo and Adelaide Bank Group, we are a separate company, are not an authorised deposit taking-institution and, except to the extent that we provide financial services as an authorised representative of the Bank, our obligations are not guaranteed by any other member of the Bendigo and Adelaide Bank Group. If we fail to comply with our obligations to you, you will only have recourse against us, and not the Bank or any other member of the Bendigo and Adelaide Bank Group.

Banking and Financial Services relating to Up

All banking and financial products and services relating to Up and described in these Terms and Conditions of Use are issued or provided by the Bank. To the extent to which we provide any financial services in respect of Up, we do so as authorised representative of the Bank.

If you apply for any financial product or financial service through or in relation to Up, you will enter into a separate contract with the Bank in relation to the financial product or financial service. This includes any bank accounts or payment facilities you open and/or access through Up. When you set up a new “Target” in Up an Up Saver Account will be established in your name, the account will be displayed in the Up Money App as a “Target”. The current terms and conditions that apply to bank accounts and payment facilities provided by the Bank in relation to Up can be accessed during sign up or on the Up website - up.com.au/terms.

To the extent to which Up is a non-cash payment facility, the Bank is responsible to you for the non-cash payment facility and your use of Up is governed by the Bank’s Up Personal Accounts Terms & Conditions. If there is any inconsistency between these Terms and Conditions of Use, and the Bank’s Up Personal Accounts Terms & Conditions in relation to your use of Up, the Bank’s Up Personal Accounts Terms & Conditions prevail.

Accessing Up

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.

Privacy

We are committed to ensuring your privacy is protected and understand your concerns regarding the confidentiality and security of personal information you provide to us. Our privacy policy in relation to the application, accounts and payment facilities to which these terms and conditions apply is available on our website: up.com.au/privacy

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.

Applicable Fees

We do not charge you any fees for downloading and using Up. The details of the fees, charges and interest payable by you to the Bank in relation to the accounts the Bank provides to you for use with Up and payment facilities associated with such accounts (including using Up to make payments to or from the account) are set out in the Bank’s Up Personal Account Terms & Conditions and in Up.

License and Intellectual Property

Subject to these Terms & 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 & Conditions of Use.

The App is the proprietary property of the Developers. You may not: (a) sublicense, assign, or transfer this license for the App; (b) sell, lease, license or otherwise distribute the App to any third party; or (c) reverse assemble, reverse compile, or otherwise obtain or attempt to obtain the source code of the App, except as specifically permitted by law.

With respect to any idea, know-how, concept, technique, invention, discovery or improvement, whether or not patentable, to the Developers, you grant to each of the Developers 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.

Warranty

To the maximum extent permitted by law, Up (including its content and output) and all Up-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 issued or provided to you by the Bank in relation to Up does not have any impact on your or the Bank’s 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 this Application 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 & Conditions of Use.

Liability

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.

All banking and financial products and services issued or provided through Up are issued or provided by the Bank. The Bank, and not us, is responsible to you in respect of those banking and financial products and services.

Indemnity

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.

Set off

You agree that we may set off or deduct any amount you owe us in relation to these Terms & Conditions of Use against or from any other amounts we owe you. You also authorise the Bank to pay to us any amount you owe us in relation to these Terms & Conditions from any Up-related account you hold with the Bank.

Changes to these Terms and Conditions of Use

We may change these Terms & 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 & 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 & Conditions of Use, you will be deemed to have accepted the change.

Suspension and termination

We may suspend your use of 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 & Conditions of Use.

We may also disable, remove or terminate your ability to access Up, or cease to offer 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).

Notifications

We may give you any information, notices or other documents (each a \“Communication”) related to Up by:

  1. notification (including a push notification) or message sent to you or your Device through Up;
  2. displaying the Communication or making the Communication available to you in Up;
  3. by letter to the address recorded for you in Up;
  4. by email to the email address recorded for you in Up;
  5. by SMS text message to the mobile number recorded for you in Up; or
  6. in any other manner allowed by law.

You agree that the Bank may also give you Communications related to any banking or financial products and services it provides to you in relation to Up in the same ways.

Depending on your Device settings, where we sent 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.

Communication

You may give us a Communication by using any facility we provide in Up for contacting us or by email to support@up.com.auor by post to The Bendigo Centre (PO Box 471) Bendigo VIC 3550 or in any other manner allowed by law.

Severability

Each provision and part of these Terms & Conditions of Use must be read down to the extent necessary to be valid and enforceable. If any provision or part of these Terms & Conditions of Use cannot be so read down, or is deemed invalid or unenforceable, the provision is severed from these Terms & Conditions of Use without affecting the validity or enforceability of the remaining provisions or parts these Terms & Conditions of Use, which will remain in full force and effect.

Waiver

A failure by us to assert any right under these Terms & 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.

Assignment

You cannot assign or otherwise transfer any of your rights granted under these Terms & 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 & Conditions of Use at any time without your prior consent.

Applicable Law

The laws of Victoria, Australia apply to these Terms & 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 & Conditions of Use.