MyBonusBonds Conditions of Use
These Conditions of Use form a legal contract between you and us in relation to your use of MyBonusBonds. It is important that you read and understand them before you proceed with registering for MyBonusBonds. Each time you access MyBonusBonds you agree to be bound by these Conditions of Use. These Conditions of Use specify:
- Your authorisation (mandate) to us to process transactions received via MyBonusBonds, including debiting/crediting your Accounts;
- Your obligations, rights and responsibilities when using MyBonusBonds;
- Our obligations, rights and responsibilities in relation to the provision of MyBonusBonds;
- The extent of your potential liability when using MyBonusBonds; and
- Other important matters including privacy, termination of access to MyBonusBonds, amendments to MyBonusBonds and these Conditions of Use and how you may receive notices.
Terminology & Glossary of Terms
"Accounts" means your Purchase Account/s and/or Cash in Account/s.
"ANZ" is ANZ Bank New Zealand Limited.
"bondholding" means one or more Bonus Bonds owned by the same person or persons which are given a distinct and identifiable bondholding number.
"Business Day" is any day excluding a Saturday, Sunday, or any day on which ANZ is not open for business.
"Cash in Account/s" is the bank account/s nominated from which funds will be credited from the redemption of Bonus Bonds via MyBonusBonds.
"eCertificates" or "electronic certificates" are Bonus Bonds certificates in an electronic format.
"Operating Authority" means the right to provide instructions to us in respect of a bondholding whether or not you have ownership of the Bonus Bonds held under that bondholding. For example, a parent or guardian of a child aged less than 15 years may have Operating Authority over Bonus Bonds owned by that child.
"Purchase Account/s" is the bank account/s nominated from which funds will be debited for purchases of Bonus Bonds via MyBonusBonds.
"We", "us" and "ANZIS" refers to ANZ Investment Services (New Zealand) Limited.
"You" and "your" means the person or persons who have Operating Authority on a bondholding, and if a bondholding has more than one person with Operating Authority means any one of you.
MyBonusBonds access number and password
You acknowledge and agree that:
- Use of your access number and password, provide sufficient authority for us to process transactions received via MyBonusBonds, including debiting/crediting your Accounts, whether or not you have authorised the instruction; and
- We may act on instructions received via MyBonusBonds using your access number and password and are not obliged to make any further enquiries.
Only persons with Operating Authority over a bondholding may access and use MyBonusBonds in respect of that bondholding. For the avoidance of doubt ownership of a bondholding without Operating Authority is not sufficient to allow access to MyBonusBonds in respect of that bondholding.
Where a bondholding has more than one person with Operating Authority then each such person:
- Must be able to exercise that Operating Authority alone without the agreement or consent of the other(s) to be able to access and use
MyBonusBonds for the following purposes:
- Give instructions to cash in any Bonus Bonds held under that bondholding;
- Change prize payment details for that bondholding; and
- Change any personal details provided in respect of that bondholding including address for communications and receipt of marketing material.
- Must individually register to be able to access MyBonusBonds and when accessing MyBonusBonds must use their own access number and password.
- Is jointly and severally liable for the performance of their own and each others obligations under these Conditions of Use including for any purchase or redemption instructions received in respect of that bondholding.
Bonus Bonds Governing Document and Product Disclosure Statement
In addition to these Conditions of Use any purchase or cash in of Bonus Bonds using MyBonusBonds is subject to the terms and conditions of the Bonus Bonds Scheme. These are set out in the product disclosure statement, online register entry, the application form and the governing document. When you use MyBonusBonds you agree to be bound by those terms and conditions.
Availability of MyBonusBonds
MyBonusBonds is generally available (but we do not warrant or represent access will be available) 24 hours, 365 days a year, except for any necessary downtime to allow for maintenance of the system and unexpected outages.
To the extent permitted by law, neither we or ANZ will not be liable for any refusal or omission to follow instructions or any other failure to fulfil our obligations, due to causes beyond our reasonable control (including without limitation, the failure or default of any third party network provider or any system not owned or directly controlled by us, or any other electronic, telecommunications, power or computer processing failure).
Communications with you will be electronic, via Bondmail on MyBonusBonds and email, except where you opted to receive certificates and prize advices by mail. We may not always provide a functional unsubscribe facility within an email communication if the email is for information purposes only.
You may opt out of receiving eCertificates and electronic prize advices at any time and receive paper certificates instead. You can do this within MyBonusBonds by selecting the 'bondholding details' screen.
We and ANZ may monitor and/or record telephone conversations for training and verification purposes.
You represent and warrant to us that:
- You can meet all obligations and commitments arising from or connected to any instructions received via MyBonusBonds including instructions to purchase or cash in Bonus Bonds;
- When you give an instruction to cash in a Bonus Bond via MyBonusBonds that you have free and clear ownership of that Bonus Bond, unencumbered by any security or other interest and that you have Operating Authority over that Bond that can be exercised without the consent or agreement of any other person.
You will be bound by any purchase or cash in instruction received via MyBonusBonds using your access number and online password and you authorise us to debit and credit your Accounts accordingly.
It is your responsibility to safeguard your password and commit your password to memory, to guard against the possibility that others may use that password to gain unauthorised access to MyBonusBonds.
You agree you will not:
- Choose a password that is easily able to be guessed or identified as relating to you, or is an obvious combination of letters and numbers (e.g. sequential numbers, birthday etc);
- Make your password known to any other people;
- Keep any records of your password in a form that can be easily identified;
- Store your password anywhere in written or electronic form;
- Choose a password that is directly related to information that can be easily identified; or
- Leave your computer unattended and left logged into MyBonusBonds.
If your password has been or may have been disclosed, you must contact us immediately on toll free number 0800 266 374. We encourage you to change your password on a regular basis using the 'Change Password' option in MyBonusBonds.
You agree to ensure all information provided to us in relation to MyBonusBonds and any bondholding that you have Operating Authority over is accurate.
You will not be liable for:
- Fraudulent or negligent conduct by our employees or agents;
- Faults that occur in the MyBonusBonds system or software, unless the faults are obvious or advised by message, alerts or notice on display; or
- Unauthorised transactions occurring before you (or any other persons who has Operating Authority over the bondholding) has been notified that your (or their) registration for MyBonusBonds has been activated.
You are liable for all the loss if you have acted fraudulently or negligently, either alone or together with any other person.
If you have not acted fraudulently or negligently you may still be liable for some or all of the loss from unauthorised transactions if you or any other person with Operating Authority over the bondholding have contributed to or caused that loss by, for example:
- Selecting an unsuitable password;
- Keeping a written record of their password, or disclosing any password to any other person;
- Failing to take all reasonable steps to prevent disclosure to any other person when keying in a password, or
- Unreasonable delay in notifying us of the actual or possible disclosure to any other person of your password or unauthorised use.
If you have promptly reported the actual or possible disclosure of your password to us, you are not liable for loss occurring after notification to us unless you have acted fraudulently or negligently.
If you let anyone else use your access number and password, you will be liable for any transactions through MyBonusBonds by or with the consent of that person.
You agree to give us all available information as to the circumstances of any actual or possible password disclosure or unauthorised use of your access number and password. In addition, you agree to assist us to recover unauthorised amounts withdrawn in respect of a bondholding.
Your Indemnity to us
You agree to indemnify and hold us and ANZ harmless for any loss we or ANZ may incur or suffer as a result of:
- Any breach of these Conditions of Use by you or any other persons who has Operating Authority over the relevant bondholding; or
- Any security breach caused or permitted by you or any other persons who has Operating Authority over the relevant bondholding.
You acknowledge that any unauthorised reproduction by you of any proprietary information provided or available via MyBonusBonds may result in legal action being taken.
Security of MyBonusBonds
We will endeavour to ensure that MyBonusBonds is a secure system within which you can carry out purchases and cash ins of Bonus Bonds and retrieve and request changes to any bondholding that you have Operating Authority over. You acknowledge that MyBonusBonds require that your web browser supports 128-bit encryption.
We may delay acting upon an instruction received through MyBonusBonds or may ask for further information before acting on any instruction at our complete discretion.
Purchasing Bonus Bonds
So long as there are sufficient available funds in your Purchase Account we will endeavour to ensure instructions to purchase Bonus Bonds are processed within the following timeframes (but we do not warrant or represent these timeframes):
- Instructions received by us before 7pm (NZT) on a Business Day will be processed and appear in your 'My current transactions' the following Business Day; and
- Instructions received by us after 7pm (NZT) on a business day or on weekends or public holidays will be processed on the next Business Day and will appear in your 'My current transactions' the following Business Day.
First eligible prize draw
Purchases successfully made before 7pm (NZT) will have an issue date of that day, and those units will be first eligible for the monthly prize draws when they have been held for one complete calendar month. For example, Bonus Bonds purchased before 7pm (NZT) on Sunday 31 October will be eligible for the December prize draw.
Cashing in Bonus Bonds
We will endeavour to ensure instructions to cash in Bonus Bonds are processed within the following timeframes (but we do not warrant or represent these timeframes):
- Standard cash in requests made before 7pm (NZT) on a Business Day (e.g. Mon 6pm), will be processed the next Business Day (Tues), and you will receive payment the following Business Day (Wed morning).
- If the request is submitted after 7pm on a Business Day (e.g. Mon 8pm) or on a public holiday or weekend, it will be processed on the second Business Day following the request (Wed), and you will receive payment on the following Business Day (Thurs morning).
- If a request is made for cash in after the next prize draw, the payment will be received on the third Business Day of the following month.
Bonus Bonds not available for cashing in
The following types of Bonus Bonds are not available for cash in using MyBonusBonds:
- Bonus Bonds that have been purchased in the last 10 business days;
- Where funds identified to purchase the Bonus Bonds have not been cleared;
- Bonus Bonds where there are more than one person with Operating Authority and each person is not able to exercise that Operating Authority alone with out the agreement of the other person(s); and
- If the Bonus Bonds have been recorded as stolen or have lending secured against them.
We reserve the right to not complete a purchase or cancel issued Bonus Bonds in the event of unsuccessful or dishonoured payments.
We will provide a helpdesk to assist you in your use of MyBonusBonds. The helpdesk will generally be available 24 hours, 365 days a year (but we do not warrant or represent access will be available), except for necessary downtime to allow maintenance of the system. This service is provided on the understanding that neither we nor our employees will be liable for any direct or indirect loss suffered by you, resulting from your use of the helpdesk service unless that loss results from fraudulent or negligent conduct of our employees.
Withdrawal of Service
We may at any time withdraw or suspend your access to MyBonusBonds in our absolute discretion without prior notification to you and without being responsible for any loss which you may suffer as a result. We will suspend or withdraw your access to MyBonusBonds if:
- You or any other person who has Operating Authority over the relevant bondholding breach any of these Conditions of Use;
- We learn of death, bankruptcy or lack of legal capacity of you or any other person who has Operating Authority over the relevant bondholding; or
- You or any other person who has Operating Authority over the relevant bondholding have acted fraudulently.
You may at anytime cancel your access to MyBonusBonds by contacting the MyBonusBonds helpdesk or visiting any ANZ Branch (New Zealand only).
Changes to MyBonusBonds and the Conditions of Use
We may at any time and without being responsible for any loss which you may suffer as a result modify, add, suspend or delete:
- Any features of the MyBonusBonds services; or
- Any of these Conditions of Use.
We will give you at least 14 days notice of any change to these Conditions of Use by either:
- Direct communications with you including Bondmail, email and MyBonusBonds log on messages;
- Display on bonusbonds.co.nz; or
- Media advertisements.
Any change is binding from the day we advise it takes effect. Any change in your liability for losses will be notified to you in writing and will be sent to your last known email address or your last known physical address at least 30 days before the change takes effect.
Fees and Charges
There are no fees or charges associated with your access to MyBonusBonds. There may be fees your bank may charge associated with purchasing Bonus Bonds from your Purchase Account/s.
Use of Information
Your transactions and other personal information are held securely by ANZ.
Any personal information which is held by us will be used in accordance with the ANZ Privacy Statement.
Bondmail is a messaging service which allows you to send us, and receive back, messages within the MyBonusBonds environment.
Bondmail can be used to make enquiries about the bondholding you have Operating Authority over or Bonus Bonds generally. We expect to deal with a message within one Business Day of its receipt by either actioning it or contacting you if we need further details (but we do not warrant or represent these timeframes). However, if your request is urgent, you should contact the helpdesk on free phone number 0800 266 374.
These Conditions of Use apply to Bondmail. In addition:
- You are responsible for the accuracy and content of all information contained in your messages;
- To the extent permitted by law, neither we nor ANZ are liable for any loss or damage you or any other person may suffer arising from any act or omission by us in relation to your message.
Country of Residence
You can only activate your MyBonusBonds registration in person in New Zealand. Bonus Bonds can only be purchased through MyBonusBonds by customers residing in New Zealand or Australia. We cannot accept applications for Bonus Bonds from persons other than those residing in New Zealand and Australia. Both purchases and cash in requests submitted through MyBonusBonds require a New Zealand bank account.