As of 1 November 2018
Application of these terms and conditions
- These terms and conditions (Terms) apply to your use of the beContento application (beContento) developed by Westpac New Zealand Limited (Westpac, we, us, our).
- Where we refer to you or your in these Terms, we mean any individual that is using beContento. Reference to a device means any iOS or Android device that you use to access beContento, including any smart-phone, tablet, iPad or smart watch.
- If your device is an iPhone then the App Store Terms and Service Usage Rules will also apply. If your device uses the Android operating system, then the Google Play Terms of Service will apply.
- Subject to our General T&Cs, Westpac may immediately suspend, modify or withdraw the operation of beContento or any functionality at any time, at our sole discretion and for any reason, including if any threat is posed to any system or part of any system, or for the purposes of carrying out routine periodic maintenance and administration work. Where reasonably possible or required, we will give you notice in advance of any such addition, modification or suspension. To the extent permitted by law, we are not liable for any suspension, modification, withdrawal or unavailability of beContento or any functionality of it.
Availability and use of beContento
To download and use beContento, you must:
a. be living in New Zealand;
b. be at least 16 years old;
c. have an internet-enabled eligible mobile device which uses a software version that supports beContento.
You need internet access to use beContento. Your ability to access and use beContento 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. You are responsible for all associated charges from your internet or mobile network provider.
By consenting to the Terms, you agree that:
a. you represent only you and no other person;
b. you will provide accurate information to Westpac, including, but not limited to, information required to register for beContento;
c. you will not use beContento to reproduce, duplicate, copy, sell, resell, distribute, publish, or exploit for any commercial purpose the software, content, offers, experiences, products, or services provided by Westpac or obtained through beContento without obtaining the express, prior written consent of Westpac including any attempt to incorporate any information from www.becontento.com into any other directory, product, or service;
d. you will provide for your own access to use beContento, including, but not limited to, obtaining and maintaining all telephone, computer hardware and software, and other equipment and paying all related charges;
e. you will not use beContento in any manner that adversely affects its availability to or enjoyment by other users or in any manner that could damage, disable, overburden, or impair Westpac’s or its service providers’ servers or networks; and
f. you will not use beContento for any purpose that is unlawful or prohibited by the Terms.
You may only use beContento for non-commercial, personal use. beContento is not intended to provide any specific legal, accounting, financial or insurance advice to individuals or entities and you should not rely on or use beContento for those purposes.
Registering for beContento
You must register for beContento via your smart phone application. To register for beContento, you will need to provide the following:
a. full name;
c. email address.
Further information will be required from you should you choose to proceed with in-app options (such as requesting a quote in relation to a contents insurance policy).
- You will also be invited to provide your residential address upon registration. This is not mandatory for registration, but if you choose to provide it we will be able to provide you with a more personalised service.
- You may be able to use a PIN number, fingerprint or facial recognition identification for security purposes. Any person whose fingerprint identification information is stored on your device will be able to access beContento. Accordingly, you must ensure that only your fingerprint or facial recognition identification information is stored on your device if you wish to use biometric device login. Biometric login details are stored on your device and not by Westpac, so we cannot verify the identity of any person who uses biometric login to access your beContento account.
- You may also log into beContento by linking your existing Facebook or Google account. If you choose to do so, you will also be invited to provide us with your residential address in order to enable a more personalised service. If you choose to use your Facebook or Google account for creating or logging into your beContento account, we may access information about you via Facebook or Google. Information we receive may include your public profile information, such as your profile picture, gender, birthday, email address, phone number, profile ID and your name (if you have made that information available on your public profile).
- You must exercise every possible care to ensure the safety of your device by taking all reasonable care to prevent loss, theft and unauthorised or fraudulent use including, but not limited to, locking your device when not in use, not leaving your device unattended and not letting anyone else use your device whilst beContento is enabled.
- If you sell, upgrade or otherwise dispose of your device, you are responsible for ensuring you delete beContento prior to such disposal.
- To improve and maintain beContento, from time to time we may request that you install updates and upgrades. When new updates or upgrades are available we will make you aware of this by way of push notifications. Unless we specify otherwise, these Terms, and the licence granted under these Terms, will apply to any updates and upgrades to beContento. Failure to install any update or upgrade may impact your use of beContento.
- We may suspend or terminate your use of beContento without notice at any time where we suspect unauthorised or fraudulent use has occurred or been attempted, or where we believe there has been a breach of these Terms or the General T&Cs. We will provide you notice of such suspension or termination where reasonably practical.
Limitation of liability
- Westpac does not represent or warrant that the use and operation of beContento will be without disruption, interruption or error or that beContento will not impair the functionality of a device. In addition to the exclusions of liability contained in the General T&Cs, to the fullest extent permitted by law, Westpac will not be liable for any direct or indirect damage, disruption or interference to any property or service as a result of the installation or use of beContento, except in the case of our negligence. Nothing in these terms operates to limit or exclude liability that cannot by law be limited or excluded. In particular, the Consumer Guarantees Act 1993 may confer rights, guarantees and remedies on you in relation to the provision of goods and services by Westpac, which cannot be excluded, restricted or modified. Subject to clause the next sentence, we do not exclude, restrict or modify those rights. To the fullest extent permitted by law, our liability for failure to comply with any guarantee that cannot be excluded but may be limited is limited to remedying the failure within a reasonable time.
- Westpac grants you a limited, non-transferable licence to use beContento on a device that you own or control, subject to these Terms.
- All intellectual property rights in and to beContento, 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 beContento, or in any improvements or variations that may be made to beContento. Nothing contained in these Terms or otherwise contained within beContento should be construed as granting, by implication or otherwise, any right to use any trade mark appearing within beContento without the written permission of Westpac or such other applicable party.
- To the extent any intellectual property rights subsist in anything you upload to or process using beContento (such as your photos), you grant us a perpetual, irrevocable, non-exclusive licence to copy, modify, use and reproduce that material for the purposes of providing beContento and related functionality to you. You warrant that you have the right to grant this sublicence in respect of material you upload to or process using beContento.
- 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 beContento.
- Westpac, and not your operating system provider, is responsible for the content of beContento. If your use of beContento 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 beContento 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.
- BeContento provides insight into your insurance needs and product maintenance needs at a glance, based on the information you share with us.
- Users are required to create and register an account in order to use beContento. In order to facilitate your use of beContento, Westpac collects and stores personal information from you including your name, password, email address and other personal information you choose with us. You may also choose to provide your address in order to receive a more personalised service.
- We may use beContento to send you push notifications about upgrades, maintenance, features, services or other information. You may opt out of receiving these notifications at any time by changing the settings within the beContento app.
- Westpac may collect and use information about your device, systems and application software to facilitate the provision of software upgrades, product support and other services related beContento, including any of its features or tools. Westpac may also collect and use information about how you use the app (e.g. the number of items you add, whether these are personalised etc.).
- Westpac works with trusted third party service providers in order to provide the beContento app. Any information we share with these third party providers is either de-identified or anonymised or transmitted using encryption.
- Any information we hold about you will be deleted immediately if you delete beContento from your device. Your information will not be recoverable.
Warranties, liability and disclaimers
Except as required by law, Westpac does not make any warranty (either express or implied) about beContento, including any warranty as to the beContento’s fitness for a particular purpose, and/or that beContento will be uninterrupted or error-free. Without limiting the foregoing, although beContento is intended to assist in tracking the personal belongings you own and their value, Westpac does not make any warranty that information stored on or generated by beContento will be sufficient evidence for any insurance claim, even if your insurance policy is with us or one of our underwriters.
You acknowledge that your operating system provider has no warranty obligations under these Terms, and that your operating system provider is not responsible for any claims made by you or any third party relating to beContento, including product liability claims, any claim that beContento fails to conform to any applicable legal or regulatory requirement, or any claim arising under consumer protection legislation.
The information appearing on beContento is for preliminary and general information only, does not constitute personalised financial advice, is subject to change and is not to be relied on as being complete, accurate and up-to-date. Full details of up-to-date terms and conditions, product information, charges and interest rates are available from any Westpac branch in New Zealand. You can also get a copy of the current disclosure statement for Westpac New Zealand Limited and a copy of any applicable term sheet from any Westpac branch in New Zealand free of charge.
In addition to the exclusions of liability contained in the General Terms & Conditions, to the fullest extent permitted by law, Westpac and other members of the Westpac group of companies are not liable under any duty at common law or in contract:
a. for any direct, indirect or consequential loss or damage of any kind;
b. for any loss or damage resulting from you, or any third party, using beContento otherwise than in accordance these Terms, including without limitation any loss or damage that results from the unauthorised use of beContento; and
c. for any loss or damage caused by any failure or delay in receiving beContento, any loss of access to beContento or any malfunction of any equipment or system that supports beContento, regardless of whether the equipment or system is Westpac’s or used by us to provide beContento.
You indemnify and will keep indemnified Westpac against all actions, proceedings, losses, liabilities, damages, claims, demands, costs and expenses (including all legal costs and expenses) suffered or incurred by Westpac or for any claim brought against Westpac by a third party that arises out of or is in connection with your use of beContento.
If you want to terminate your agreement with Westpac in relation to beContento and stop your de-identified, anonymous or encrypted data being shared with third parties, you can do so at any time by:
a. deleting the app from your device
b. Emailing email@example.com and providing the following information:
- First and last names;
- Email address.
- Westpac may block or restrict your access to beContento 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.
- You may not assign any of your rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of Westpac. To the extent permitted by law, Westpac may assign, novate or otherwise transfer these Terms (in whole or in part), to any other person. You must do all things necessary or convenient to give effect to the assignment, novation or transfer and you consent to any such transfer or assignment.
- 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.
- iPhone, iPad, Apple, Apple Watch and App Store are trade marks of Apple Inc. and may be registered in the US and other countries. Android is a trade mark of Google Inc, use of which is subject to Google permissions.
- These Terms are governed by New Zealand law and the courts of New Zealand shall have non-exclusive jurisdiction.
We can change these Terms at any time. Notices of any such changes will be given at least 14 days in advance in at least one of the following ways:
a. by direct communication to you, for example by letter, electronic communication or via beContento;
b. by displaying information in our branches;
c. by notice on the beContento Website; or
d. by notice in the media (including public notices).
If you continue to use beContento after the expiry of any notice period, you will be deemed to have accepted any change to these Terms. If you do not accept any changes to these Terms, please uninstall and stop using beContento.
- Our contact details are:
Westpac New Zealand Limited
Westpac on Takutai Square
16 Takutai Square
Call us on 0800 888 111 (7am – 11pm 7 days a week) or +64 9 914 8026 from overseas (international charges apply).