ANZ – Your HomeLoan 360°

App Terms and Conditions and Licence Agreement.

June 2015

1. Introduction

Your HomeLoan 360° is an iOS application which allows ANZ Mobile Lenders to collect information from consumers and present potential loan scenarios using an iPad (the App). The App is only available for download following approval by ANZ and via the ANZ app store using a third-party platform (Platform).

To use the App you must comply with the following Conditions of Use:

be an ANZ Mortgage Solutions Franchisee or an Additional User;
as an ANZ Mortgage Solutions Franchisee, enter into an ANZ ‘Franchise Agreement’ with ANZ comprising:
A valid ANZ Mortgage Solutions Franchise Agreement;
These Your HomeLoan 360° App Terms and Conditions and License Agreement (Terms and Conditions);
The ANZ Mobile Lending Operations Manual as updated from time-to-time; and
Any special conditions agreed in writing;
as an Additional User, comply with the terms of your employment contract and any Deed or Agreement entered into with ANZ;
complete and remain up-to-date with all ANZ training requirements as advised by ANZ from time-to-time;
complete all training in relation to the App and comply with all guidelines and materials issued by ANZ from time-to-time (App Training Materials);
only use the App on an Electronic Device which is owned by an ANZ Mortgage Solutions Franchisee or by you (as an Additional User);
configure the App and iPad settings to send emails from your Mortgage Solutions email address and ensure emails are using/displaying your approved Mortgage Solutions signature (and are not sent from any other email address);
download the App to an iPad, with iOS 8.0 or later software, that is enabled for cellular or wireless internet connection or an equivalent device (Electronic Device).

2. Legal Terms and Conditions

These Terms and Conditions are binding on the ANZ Mortgage Solutions Franchisee and the Additional User. All liability under these Terms and Conditions is joint and several.

It is important that you read and understand these Terms and Conditions before downloading the App. By downloading the App and accepting these Terms and Conditions, you agree to receive these Terms and Conditions and any amendments to them electronically via the App, email, the Platform or your Electronic Device. You acknowledge that ANZ will not send you a paper copy.

3. Fees and charges

You will not incur any ANZ fee solely for downloading and using the App. You may incur charges from your mobile service provider for downloading, updating and using the App. Any such charges are your sole responsibility and any matters regarding these charges should be raised with your mobile service provider.

The ANZ Mortgage Solutions Franchisee will be liable for all fees and charges set out in the ANZ Mortgage Solutions Franchise Agreement and the ANZ Mobile Lending Operations Manual.

4. Use of the Platform

ANZ uses a third-party platform provider to allow you to download the App. You must comply with any ANZ Terms and Conditions relating to the Platform.
You agree that you will not:
disclose your Platform username or password to any other person (including an Additional User as referred to below); or
allow any other person to see you entering your Platform user name or password; or
record your Platform user name or password in writing, especially in a manner that is liable to theft at the same time as the Electronic Device (unless you make a reasonable attempt to protect the security of the user name and password); or
act with carelessness in failing to protect your Platform user name or password.

You must immediately cease using the App, including to access customer information, where:

in the case of Additional Users, your employment with an ANZ Mortgage Solutions Franchisee is terminated (voluntarily or not) or your accreditation with ANZ is cancelled; or
the ANZ Mobile Lender's Franchise Agreement is surrendered, expires or is terminated (subject to any holding over period);
ANZ advises you to do so (verbally or in writing) for any reason;
you have breached any of these Terms and Conditions or any ANZ Terms and Conditions relating to the Platform.

5. Additional Users

You are an Additional User if you:

are an officer or employee of an ANZ Mobile Lending business who is accredited by ANZ (in accordance with the terms of the ANZ Franchise Agreement) or otherwise approved by ANZ to download and use the App; and
have completed all ANZ training requirements, including training on the use of the App.

The ANZ Mortgage Solutions Franchisee must ensure that all Additional Users strictly comply with these Terms and Conditions.

6. Security issues

You must not allow anyone else to use or access the App at any time.

You must implement a device code for your Electronic Device (ie, a PIN to open your Electronic Device). You must not disclose your device code to any other person or act with carelessness in failing to protect your Device Code.

You must protect customer personal information and ANZ information stored on your Electronic Device at all times. You must only use the personal information collected via the App in connection with the relevant ANZ Mobile Lending business and for ANZ Mortgage Solutions Franchisees, in accordance with the terms of the ANZ Franchise Agreement.

You must not use the App on an Electronic Device on which you have overridden the software or security lockdown (commonly referred to as ‘jail breaking’ your Electronic Device).

You must not load any software or code onto your Electronic Device which is designed to upload viruses or otherwise damage ANZ computer systems, or attempt to hack into ANZ computer systems.

You must immediately report to ANZ if:

You become aware or suspect that your device code or Platform password is compromised, disclosed, used without your authority or is lost or stolen;
The App appears to be malfunctioning or your Electronic Device appears to be damaged, misused, lost or stolen, has a virus or similar on it, or has been jail broken.
You suspect someone else has had access to the App; or
You suspect there has been any other security breach or breach of these Terms and Conditions.

You must also immediately cease using the App in the circumstances listed above until ANZ provides confirmation that the security issue has been resolved.

You can report this to ANZ by advising your Regional Manager.

7. Privacy

The ANZ Mortgage Solutions Franchisee and each Additional User must comply with the Privacy Act (including the Australian Privacy Principles), all other applicable Laws and ANZ's privacy policy (as they apply to ANZ, as though they apply to the ANZ Mobile Lending business), when collecting, storing, disclosing or using, in any manner, all personal information collected via the App. All customer information collected via or stored in the App must be kept confidential.

The ANZ Mortgage Solutions Franchisee must comply with, and must ensure that it’s Additional Users comply with, the obligations regarding ‘customer information’ under and in accordance with the Franchise Agreement and any relevant provisions of the App Training Materials.

8. Suspension or Termination of Use and deletion of data

ANZ may terminate your use of the App, and/or withdraw access to the App, at any time.

You acknowledge that ANZ may, at its sole discretion, and without notice to you, remotely wipe any information residing in the App at any time, including if ANZ terminates your use of the App.

If you are an Additional User and your employment with an ANZ Mortgage Solutions Franchisee is terminated (voluntary or not), you must immediately transfer to the relevant ANZ Mortgage Solutions Franchisee all App CSV files (in accordance with any policy of the Franchisee) relating to customer conversations which have taken place in the last 3 months which have not proceeded to an application for ANZ lending.

9. Your obligations

You agree:

not to leave your Electronic Device unattended and left logged in;
to lock your Electronic Device or take other steps necessary to prevent damage to your Electronic Device, and to stop unauthorised use and access to the App and customer information;
not to disclose your device code or Platform username and password to any other person or act with carelessness in failing to protect these;
not to use the App for any purpose other than a legitimate purpose in connection with the relevant ANZ Mobile Lending business;
not to act fraudulently or maliciously in relation to the App or software;
only to install Apple Inc approved applications on your Electronic Device, and you agree that you will not override the software lockdown on your Electronic Device (i.e. jailbreak your Electronic Device);
to delete the App from the Electronic Device before transferring ownership of the Electronic Device to any third party;
to comply with these Terms and Conditions and any ANZ Terms and Conditions relating to the Platform.

All use of the App is subject to:

ANZ’s “Use of Systems, Equipment and Information policy”;
ANZ’s “Information Security policy”;
ANZ’s “Code of Conduct and Ethics”;
Any Terms and Conditions relating to the Platform;
Telecommunications Act 1997 (Cth); and
any other law, regulation, guideline or policy applicable to the your use of the Electronic Device, including but not limited to privacy laws, as amended from time to time.

There will be minimum software requirements for your Electronic Device (eg, particular versions of your Electronic Device’s operating system) that will need to be met to ensure ongoing access to the App from time to time. You agree to update your Electronic Device’s software as required at your expense. ANZ’s minimum requirements will be notified to you over time.

10. Liability and Indemnity

Your liability in connection with the App is set out in these Terms and Conditions, and in the case of the ANZ Mortgage Solutions Franchisee, is also set out under the ANZ Mortgage Solutions Franchise Agreement and Operations Manual.

ANZ is not liable for any loss or damage that you or your customers may suffer as a result of any unauthorised person accessing and using the App on your Electronic Device. It is your responsibility to ensure that your Electronic Device is secure at all times.

ANZ makes no warranties that the App is error free or that use of the App will be uninterrupted, nor that the App will be free of a computer viruses or other harmful data, code, components or other materials.

To the extent permitted by law, ANZ will not be liable for any direct or indirect loss or damage:

to your Electronic Device or other applications on your Electronic Device resulting from your access or use, or your attempted access or use, of the App, except to the extent such loss or damage is attributable to the gross negligence or wilful default of ANZ,
as a result of reduced level of service or the inability to access the App (including, without limitation, due to your internet service provider),
caused by any other inability of your Electronic Device to access or use the App, or
caused by any malfunction or in operation of the App, including loss of customer data from the App,
and you should satisfy yourself as to these matters before attempting to access or use the App.

To the extent permitted by law, ANZ will not be liable for any direct or indirect loss or damage that may arise from your use of the App, including without limitation, loss or damage arising:

from any security breach, including disclosure of your Platform username and password or your device code,
if you have acted fraudulently (either alone or together with any other person),
if you have installed applications on your Electronic Device other than those approved by Apple Inc and available from the App Store,
if you have caused or contributed to that loss, for example, by failing to comply with any of these Terms and Conditions; or
as a result of a reduced level of service.

The use of the App is subject to the reliability and availability of third party service providers, including software providers and network service providers.

You acknowledge that:

all information collected via the App is and remains the sole property of ANZ;
ANZ is not required to update, maintain or provide, or continue to provide, access to the App;
any unauthorised reproduction by you of any proprietary information provided in the App may result in legal action being taken.

11. Support

You can contact ANZ to request support for the App. ANZ is unable to provide support for your Electronic Device, any other software and its interoperability with the App, or your telecommunications service.

12. Changes to the App and these Terms and Conditions

ANZ may alter the functionality available in the App, or suspend or delete the App, at any time.

ANZ can change these Terms and Conditions at any time by giving you notice no later than the day on which the change is due to take effect. ANZ will notify you of the above changes by:

posting information on the Mobile Lending portal; or
written or electronic notice to you (including via email, the App, the Platform or your Electronic Device).

Notice provided on the Mobile Lending portal will be taken to have been received on the third day after the posting of the notice on that website.

13. Other matters

You acknowledge that these Terms and Conditions are between ANZ and you, and not Apple Inc (“Apple”). You are given a non-transferable licence to use the App on your Electronic Device in accordance with these Terms and Conditions and the App Store Terms of Service. Subject to these Terms and Conditions, ANZ is solely responsible for the App, and Apple Inc is not responsible for the App in any way. To the maximum extent permitted by law, Apple has no warranty obligations whatsoever with respect to the App. You agree that ANZ, and not Apple, is responsible for:

addressing any claims by you or a third party in relation to the App, including but not limited to product liability claims, claims that the App fails to conform to legal or regulatory requirements or consumer protection claims;

investigating any claim that the App breaches third party intellectual property rights, and for defending, settling or discharging such claim;
maintenance and support services for the App.
ANZ does not admit any liability in respect of these issues.

You warrant that you are not located in a country that is subject to a US Government embargo or is designated by the US Government as a “terrorist supporting” country, and you are not listed on any US Government list of prohibited or restricted parties.

You must comply with all third party service providers’ terms of use (for example, software providers and network service providers) when using the App.

You agree that Apple and its subsidiaries are third party beneficiaries of these Terms and Conditions and that Apple has the right to (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary.

Apple, the Apple logo, iPhone and iPad are trademarks of Apple Inc., registered in the U.S. and other countries.

Australia and New Zealand Banking Group Limited (ANZ) ABN 11 005 357 522. ANZ’s colour blue is a trade mark of ANZ. 89931 08.2014 W408107