Terms of Use
Effective: 18 October 2024
Introduction
By registering on the Payap mobile application (“Payap”), you accept these terms of use, and also our Payap Privacy Policy and the BNZ Master Privacy Policy. Please read these terms, our Payap Privacy Policy and the BNZ Master Privacy Policy carefully. These terms make a legally binding contract between you (referred to as “you” in these terms) and us (Bank of New Zealand, New Zealand company number 428849, referred to as “we” or “us” in these terms).
Changes to these terms
We may change these terms from time to time, including as we change or update Payap. We will give you at least 14 days’ notice before those changes become effective, except for any changes made to protect the security of our systems or to comply with a change in law, which will take effect at the time those changes are made. We will provide notice by publishing these changes on the Payap website, and may also choose to notify you at the contact email address for your account.
By continuing to use Payap, you will be taken to have accepted the latest version of these terms, and it is your responsibility to check for any changes. If you are not happy with any changes, you can close your account on Payap at any time.
Communication with us
You may communicate with us through Payap. We may communicate with you through Payap, via email at the address we have associated with your account, or by text message or phone call to the number we have associated with your account.
If any of your contact details change, including your email address or phone number, you must let us know as soon as possible. You are responsible for keeping your contact details up to date on your profile on Payap, and for regularly checking your Payap notifications, mobile device and email inbox for communications from us.
Payap
Payap provides a digital wallet on your phone for your bank accounts. Payap enables you to:
pay money, where Payap is enabled;
quickly and easily send money to other New Zealand bank accounts;
receive payments made to you via Payap;
manage your money;
access insights about your money activity; and
access and utilise any other associated functionality enabled by Payap from time to time.
When you initiate a payment on Payap, your funds will transit to the payment recipient via an intermediary settlement account held by Bank of New Zealand. Payap does not otherwise receive or hold any of your funds when linking a bank account, adding a bank pass or a debit pass, or providing any other services.
Creating a Payap account
To use Payap, you must register for a Payap account. You must ensure that all information you provide to us during the registration process or at any time afterwards is complete and accurate. If any of that information changes, you must promptly update that information in your Payap account.
Security
You are responsible for maintaining the security of your Payap account and for protecting your pin-code, password and other login details. When selecting your pin-code, password and login details (“Login Details”), you must not:
choose Login Details that are obvious or can be easily guessed;
use sequential numbers or letters, or number or letter combinations that contain easily accessible information about you; or
select Login Details that are the same as or similar to Login Details you use for other services or purposes.
To maintain the security of your Payap account, you must not:
keep any written record of your Login Details, or store your Login Details on your mobile phone or any other electronic device;
voluntarily or recklessly disclose your Login Details to another person or allow another person to see these details (including when you enter them into Payap); or
leave your mobile phone or other electronic device unattended while logged into Payap.
You must take reasonable care to protect your mobile phone or any other device that you use to access Payap from loss or theft.
You are responsible for any use of your account using your login details, including via any customer device identification method (e.g. fingerprint identification or facial recognition) that your device manufacturer makes available and that you elect to use with Payap. You must not enable or allow any other person to access your mobile phone or other device using their customer device identification.
You must notify us and your bank account provider or debit card issuer as soon as possible if:
you become aware of any unauthorised access to or use of your Payap account;
you become aware that your Payap Login Details have (or may have) become known to another person; or
your mobile phone or other device that you use to access Payap is lost or stolen.
Making a payment
When you make a payment via Payap, you must ensure:
all details of the payment request or instruction are correct before you confirm that request or instruction; and
you have sufficient available funds in your selected bank account or on your selected debit card to apply to the payment request.
Payap provides functionality to enable you to send a payment instruction to your bank account provider or debit card issuer. Payap is not a means of payment in itself. We are not responsible for carrying out the transfer of funds from your bank account or debit card to the payment recipient, and we are not acting as your agent in relation to this transfer of funds.
Confirming a payment instruction on Payap is an authorisation from you for us to act upon that instruction, to contact your bank account provider or debit card issuer to initiate that payment, to transit the relevant funds via our intermediary settlement account, and to receive information from your bank account provider or debit card issuer in relation to that payment. You acknowledge that we will rely upon that request and instruction. We are not required to ask about or confirm any request or instruction with you, but we may choose to do so, and we are not required to take any additional steps to verify a request or instruction made using Payap.
Your bank account provider or debit card issuer may decline to act on a payment initiation request or instruction where they have good reason to do so or otherwise in accordance with their terms and conditions.
We will not be liable for any loss or damage you incur where (i) we act on a request or instruction made by you or via your account on Payap, (ii) we act on a request or instruction that is unauthorised, forged or fraudulent, or (iii) we decline to act or delay acting on a request or instruction for any reason.
Incorrect or unauthorised payment requests
We are not able to cancel or stop a transaction once a payment instruction has been delivered to a bank account provider or debit card issuer.
You must regularly review your list of payment instructions and payments received in Payap. If you identify an incorrect or unauthorised payment instruction or payment receipt, you must promptly contact your bank account provider or debit card issuer, and also notify us through Payap.
Your bank account provider or debit card issuer may be able to assist in the event an incorrect or unauthorised payment request has debited funds from your bank account or debit card, subject to their terms and conditions.
If you have received any funds in error via Payap, you must cooperate reasonably with us, your bank account provider or debit card issuer, and any relevant third party designated by us, to repay or refund those funds.
Other applicable terms
Personalised offers and rewards made available to you via Payap are subject to our Rewards Terms.
Payap uses technology provided by Centrapay Limited (Centrapay) to deliver payment initiation services. Personal information collected by Centrapay in the course of providing this technology will be collected, used and disclosed by Centrapay in accordance with the Centrapay privacy policy, available here.
The terms and conditions of your bank account provider or debit card issuer are applicable to payments made to and from your bank account or via your debit card, including via Payap. We have no responsibility for the products and services provided to you by your bank or debit card issuer.
Complaints
If we have made a mistake or if you are unhappy with Payap, we will try to put it right quickly and fairly. You can send us a message using the ‘Report Issue’ functionality on Payap.
If you are unhappy with how your complaint is being handled, please write to us at BNZ Customer Resolution, PO Box 995, Shortland Street, Auckland 1140, New Zealand. We offer a free complaints review procedure for handling complaints about any of our products or services. Further information about our complaints procedure can be found on our website.
If you are unhappy with our investigation into your complaint, and want to refer a matter to the Banking Ombudsman, you can call +64 4 915 0400 (or freephone 0800 805 950), email help@bankomb.org.nz or write to PO Box 25-327, Featherston Street, Wellington, New Zealand.
If you are unhappy about actions or conduct of your bank account provider or debit card issuer in connection with Payap, please contact your bank account provider or debit card issuer using their complaints process.
Interruptions and errors
We do not warrant or guarantee that Payap will be uninterrupted or error free. You are responsible for taking any precautions necessary to ensure you do not incur losses or costs in the event that Payap is affected by an interruption or error. We are not liable for losses or costs you incur in those circumstances, or for any loss or corruption of data.
Restrictions on use
You must not use Payap in a way that infringes intellectual property, defames someone, breaks the law, or violates the privacy or other rights of any person.
You must not use Payap to:
upload, transmit or distribute any malware or spyware, or otherwise attempt to undermine the security or integrity of Payap;
interfere with or disrupt any servers, systems or networks connected to Payap;
attempt to gain unauthorised access to any Payap servers or networks, or another person’s account or information; or
do anything that would expose us to any liability or cause us to be in breach of any law or regulation of New Zealand or any other jurisdiction.
You must not engage in any commercial exploitation of Payap, or access or use Payap for any purpose other than that for which it is provided by us. You must not decompile, disassemble, reverse engineer or otherwise attempt to derive the source code of Payap. Unless we specifically agree otherwise in writing, you must not say or do anything that may lead others to believe that you are endorsed by or associated with us.
You must not support or enable any other person to use Payap in a way that breaches any of the restrictions set out in this section or any of these terms.
Changes to Payap
We may at any time make changes to the functionality, format, content, means of accessing, or operating system specifications of Payap. We may make these changes without prior notice to you. However, where the change is significant, we will give you prior notice in accordance with section 2 of these terms.
Intellectual property
We own or hold rights to use all intellectual property rights in Payap, including all components of the app, and all content made available by us through the app from time to time. You may use Payap as made available by us from time to time, subject to these terms. This permission does not give you any rights in the app, or any of its components or content, and you must not copy, modify, adapt, reproduce or republish them.
If we make available to you any images via Payap, including to depict Payap accounts or payees, you may use those images only for the purpose for which we make those images available, and you must not download, share, print or copy those images. If we allow you to upload any images to Payap, including to depict Payap accounts or payees, you grant us an irrevocable, non-transferable, non-exclusive, royalty-free licence to use, copy, modify and store the images within Payap. You must own or have the legal right to use any images you upload to Payap. You must not upload any image or other content to Payap that is illegal, obscene, libellous, defamatory, culturally insensitive or indecent in any way. We may remove or replace any images you upload or we provide on Payap at any time.
Use of information
Closing or suspending your account
You may close your account at any time by following the instructions provided in Payap.
We may close your account at any time, with or without a reason, by giving 30 days’ notice to the contact email address we have associated with your account.
We may close or suspend your account any time with or without giving you notice, if:
we consider closure or suspension to be necessary to protect the security of Payap or any other systems or networks;
we consider there is a risk of unauthorised or fraudulent activity on your Payap account; or
you breach these terms or we have a reasonable suspicion you have breached these terms.
Sections 14 to 22, together with the last paragraph of section 7, of these terms will survive and continue indefinitely, despite the closure of your Payap account.
Consumer Guarantees Act and Fair Trading Act
To the extent that you are in trade, and are using Payap in trade, you agree that the Consumer Guarantees Act 1993 does not apply to your use of Payap. We do not provide any guarantees in respect of Payap users that are in trade, other than those expressly set out in these terms.
To the extent that you are in trade, and are using Payap in trade, you agree that: (i) in accepting these terms you have not relied on any representations or other conduct of ours, whether prior to accepting these terms or at any subsequent time; (ii) along with our Payap Privacy Policy, the BNZ Master Privacy Policy and the Rewards Terms, these terms are the entire agreement between you and us regarding your use of Payap; and (iii) to the extent necessary to give effect to (i) and (ii) above, you agree to contract out of sections 9, 12A, and 13 of the Fair Trading Act 1986.
The two paragraphs above will apply only if and to the extent that it is legally permitted to contract out of the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. In all other respects, your rights under those Acts remain unchanged.
Indemnity
As far as permitted by law, and without limiting any other rights we may have under these terms or at law, you agree to indemnify us against all costs, losses, expenses and liabilities that we suffer or reasonably incur as a result of or in connection with your breach of these terms. However, you will not be liable to the extent that we cause or contribute to those losses through our breach of these terms or our unlawful conduct.
Liability
We are not responsible for any loss or damage that you may suffer in connection with your use of Payap, except to the extent that we cause or contribute to the loss or damage through our breach of these terms or our unlawful conduct.
We will not be liable to you for any loss of profits, revenue, opportunity, business or contract, any loss of data, any indirect or consequential loss, or any exemplary, incidental, special or punitive damages, arising from or in connection with Payap or these terms.
To the extent that our liability cannot be excluded, our total liability for any loss or damage you suffer in connection with Payap or these terms will not in any circumstance exceed NZ$10,000.
The limitations and exclusions above apply to all liability (including for negligence), regardless of the legal basis of the claim, to the extent permitted by law. However, unless you are using Payap in the course of your business, nothing in these terms takes away from your rights under New Zealand’s Fair Trading Act 1986 and Consumer Guarantees Act 1993.
Governing law and jurisdiction
These terms are governed by New Zealand law. Any disputes relating to these terms or Payap may be brought by you or us only in the courts of New Zealand.
General
If we do not do, or we delay doing, something we are allowed to do under these terms, that does not mean we have waived our right to do it, and it will not prevent us from being able to do it later if we wish. If any part of these terms is illegal or not able to be enforced, that does not affect the rest of these terms. You cannot assign your rights under these terms to any third party, except with our prior written consent.