PLEASE READ CAREFULLY BEFORE USING THE Qantas Cash App

Transcription

1 PLEASE READ CAREFULLY BEFORE USING THE Qantas Cash App This is a legal agreement ( Agreement ) between you (the person accessing, viewing, using, or installing the app, and later referred to as you ) and MasterCard Prepaid Management Services Australia Pty Ltd, (ABN , AFSL ) ( we, us or our ) for the use of the Qantas Cash mobile application ( App ). We do not charge you for using the App, although your network operator may charge you and these charges may vary if you use your device abroad. IMPORTANT NOTICES By accessing, viewing, using, or downloading the App you indicate that you accept the terms of this Agreement and that you agree to abide by them. The terms of the Agreement include the privacy policy at qantascash.com ( Privacy Policy ), which applies to information we receive under the App, and any terms and conditions relating to any specific product or service you access via the App. The App is a form of online service. The terms of this Agreement apply to the App and the use of the App Services (defined below), and supplement and are additional to the terms and conditions which apply to you when using any of our online services including the website terms and conditions and the online ordering terms and conditions (the Qantas Cash Online Terms and Conditions ). The Qantas Cash Online Terms and Conditions can be found at qantascash.com Qantas Cash is issued by Heritage Bank Limited ABN AFSL (the Issuer ), and the contract in respect of your use of the Qantas Cash is between you and the Issuer only and is subject to the Product Disclosure Statement and Terms and Conditions (the Qantas Cash Terms and Conditions ). The Qantas Cash Terms and Conditions apply to your use of the Qantas Cash via the App and can be found at qantascash.com In order to use this App you must: be using an iphone (Recommended platforms - iphone 4S, ipad or 4th Generation ipod Touch running ios 6.0, and above; Compatible platforms - iphone 3GS or above running ios 5.0 and above), or an Android device running Android (Recommended platforms - Galaxy Nexus (or equivalent handset) running Android 4.1 (Jellybean) and above; Compatible platforms - Galaxy Nexus (or equivalent handset) running Android (Ice Cream Sandwich) and above) (each a Device ); own and register a for Qantas Cash by completing the application process at qantascash.com ( Registration ); and be able to access the internet on each Device on which you wish to use the App (the Requirements ). If you satisfy the Requirements and agree to abide by the terms of this Agreement, the Qantas Cash Online Terms and Conditions and the Qantas Cash Terms and Conditions, we grant to you a personal, non-assignable, non-transferable, non-exclusive licence to use the App in accordance with those terms, as amended from time to time, and subject to any rules or policies applied by any appstore provider or operator from whose site ( Appstore ) you downloaded the App. If you do not satisfy the Requirements or do not agree to any of these terms, we will not license the App to you and you must delete the App.

2 TERMS AND CONDITIONS 1. USING THE APP 1.1 You may use the App to: Load funds via BPAY (subject to the Qantas Cash Online Terms and Conditions); allocate funds from one currency to another (subject to a currency transfer rate); transfer funds from your Qantas Cash facility to another Qantas Cash facility; view your transaction history and balance; view the number of Qantas Points you have earned in the previous 30 days and in the previous twelve months from using your Qantas Cash Facility; locate nearby ATMs and search for ATMs by location; update certain information we hold about you and the default currency for reloads at qantascash.com; and such other services as we may make available from time to time, together, the App Services ; 1.2 You may not use the App for any purpose other than the App Services. 2. DATA AND LOCATION SERVICES 2.1 By using the App or any of the App Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for services that are internet-based or wireless to improve our products and to provide any services to you, in accordance with the Privacy Policy. 2.2 Certain App Services will make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the App on the Device. If you use these App Services, you consent to us and our affiliates' and licensees' transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may withdraw this consent at any time by turning off the location services settings. 2.3 Access to third party maps through the App are subject to separate terms and conditions, available via the provider s website. 3. YOUR RESPONSIBILITIES 3.1 We are and remain the owner of the App at all times, and you must not otherwise copy, transmit, distribute, reproduce (for compensation or otherwise), license, alter, adapt or modify the whole or any part of the App in any way. 3.2 You acknowledge that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App or the technology used or supported by the App or any App Service other than the right to use each of them in accordance with the terms of this Agreement.

3 3.3 You may download the App to view, use and display the App on the Devices for your personal purposes only. You must delete the App from a Device if you change that Device or intend to dispose of it. 3.4 You must: (a) not remove or tamper with any copyright notice attached to or contained in the App; (b) not use the App or any App Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any App Service or any operating system; (c) not use the App or any App Service in a way that could damage, disable, overburden, impair or compromise the App, our systems or security or interfere with other users; (d) not carry out reverse engineering in respect of the App; and (e) comply with any applicable law and regulation relating to downloading, using or otherwise exporting the technology used or supported by the App or any App Service, which may include but is not limited to not using the App in a country where the use of the App or any App Services is unlawful. 4. SERVICE AVAILABILITY 4.1 We will not be liable or responsible for: (a) any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by any act or event beyond our reasonable control, including failure of or suspension of public or private telecommunications networks; (b) the App not meeting your individual requirements or the App containing defects or errors, as the App has not been developed specifically for you. It is your responsibility to ensure that the facilities and functions of the App meet your requirements; or (c) any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your Device, data or other proprietary material due to your use of the App or the App Services. 4.2 Additionally, by using the App or any App Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any App Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. 4.3 All content and services on or available through the App are provided on an "as is" basis and we do not make any representation or give any warranty or guarantee in respect of the App or its content.

4 4.4 As set out in the Qantas Cash Online Terms and Conditions, our maximum liability to you in respect of any order you make using the App shall be to refund the purchase price of that order. 4.5 Nothing in this Agreement shall limit or exclude our liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation, and any other liability that cannot be excluded or limited by law. 5. COPYRIGHT AND TRADEMARKS 5.1 Copyright in works contained in the App, including but not limited to all software, design, text, sound recordings and images, are owned, or licensed, except as otherwise expressly stated, by us. You may access the App for your own use of the facilities offered. You may not otherwise copy, transmit, display, perform, distribute (for compensation or otherwise), license, alter, store or otherwise use the App or any of its components. 5.2 MasterCard Prepaid Management Services is a registered trademark of MasterCard Prepaid Management Services Limited, an indirect fully owned subsidiary of MasterCard International Incorporated. Other featured words or symbols, used to identify the source of goods and services, are the trademarks of their respective owners. 6. THIRD PARTY ADVERTISING 6.1 The App may include advertising by third parties. Where the App contains third party advertising that links to websites and resources provided by third parties, these links are provided for your information only. 6.2 We have no control over the contents of those websites or resources. 7. TERMINATION 7.1 We may terminate this Agreement immediately at any time, with or without notice, if you have significantly broken this Agreement, the Qantas Cash Online Terms and Conditions or the Qantas Cash Terms and Conditions. 7.2 We reserve the right to cease operating the App or any of the App Services at any time without notice, and to terminate this Agreement. 7.3 On termination for any reason you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control and certify, if we so request, to us that you have done so. 7.4 You may terminate this Agreement at any time by deleting the App from all Devices that you have installed it on. 8. OTHER IMPORTANT TERMS 8.1 We can be contacted using the details in the Qantas Cash Terms and Conditions, and via qantascash.com 8.2 This Agreement shall be read and interpreted in accordance with the laws of New South Wales. Any dispute, which cannot be resolved between you and us, shall be resolved in the New South Wales courts.

5 8.3 If any open-source software is included in the App or any App Service, the terms of an open-source licence may override some of the terms of this Agreement. 8.4 From time to time updates to the App may be issued to you through the Appstore. Depending on the update, you may not be able to use the App or App Services until you have downloaded the latest version of the App and accepted any new terms. 8.5 We may change these terms at any time by sending you an with details of the change or notifying you of a change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App Services.