mymo Terms & Conditions

Introduction

Police & Nurses Limited ACN 087 651 876 (PNL) offers its members our mymo web based application and the services associated with it (mymo app) through a platform provided by our service provider, Frollo Australia Pty Ltd (Frollo) on the terms and conditions set out below.

The mymo app has been designed to be a secure and intelligent companion banking app that brings all of your money together in one place, making it easier to manage and grow.

PNL and its related entities (we, us, our) appreciate your use of the mymo app. When you use the mymo app you are also using applications, software, products and services which are owned and operated by Frollo and licensed by PNL, and when we refer to the mymo app in these terms and conditions we are also referring to those Frollo applications, software, products and services.

By accessing and/or using the mymo app, users (you, your) agree to these terms and conditions, the relevant provisions of the Customer Owned Banking Code of Practice which are also incorporated into these terms and conditions, the relevant provisions of the general Online Services Terms & Conditions (Online Terms) which are also incorporated into these terms and conditions, our Privacy Policy and our Consumer Data Right Policy (together the Policies) (together the Terms).

The mymo app will evolve over time. PNL reserves the right to amend the Terms at any time, in the manner specified in clause 27 of our Online Terms. It is your obligation to ensure that you have read, understood and agree to the most recent version of the Terms available on the mymo app. You should immediately cease using the mymo app if you do not agree to the Terms. Continued use of the mymo app indicates your acceptance of the amended Terms. We may advise you from time to time of any new functionality of the mymo app or methods of operation.

Open banking

Open banking refers to your Consumer Data Right (CDR) under Australian law to collect, share and use your banking information across different banking providers. It is intended to give you greater access to and control over your banking data and banking services.

If you consent, PNL (and Frollo) may collect, hold and use your CDR data in order to provide you with better ways to monitor and manage your finances. Over time we plan to make more open banking services available to you as the open banking system continues to be phased in.

If you consent to using the mymo app with some or all of your PNL bank account information, we will share that CDR data with Frollo for the purposes of providing you with the mymo app functionality. In order for you to see information from your accounts held with a third party financial institution within the mymo app, you will need to provide that other bank with your authorisation for PNL to receive your CDR data. PNL and/or Frollo will collect, access and store in Australia the information you consent to share about your bank accounts in order to provide you with the mymo app in accordance with our Policies.

You may withdraw your consent to sharing some or all of your CDR data at any time using functionality within the mymo app. If you do not consent to sharing your CDR data, or you want to withdraw your consent to sharing your CDR data, you may not be able to use some or all of the functionality of the mymo app.

No financial advice

PNL holds an Australian Financial Services Licence which allows it to give financial advice on basic deposit products and payment services. Frollo, which arranges for information to be collected and presented to you through the mymo app, does not hold an Australian Financial Services Licence and cannot give financial advice.

The mymo app is intended to assist you to manage your own finances, and is not intended to provide you with financial, legal or tax advice. Any information provided to you by us through the mymo app is general information only which, when prepared, does not take into account your individual circumstances, objectives, financial situation or needs. It is not intended to take the place of professional advice and you should not take action on specific issues in reliance on this information.

Before making a financial decision, you need to consider (with or without the assistance of an adviser) whether this information is appropriate to your needs, objectives and circumstances. You enter into any products or services presented by us at your own risk.

Third party provision of services

When PNL licences the mymo app from Frollo, it does so in acknowledgment that Frollo uses a third party software platform provided by Yodlee Inc (Yodlee) to allow users to access their bank account transactions.

By using the mymo app you authorise Frollo and its service providers (including Yodlee) to access third party sites designated by you, on your behalf, to retrieve information requested by you, and to register bank accounts as requested by you.

Within the mymo app, you may direct PNL to receive your own information maintained online by PNL or another third party financial institution with which you have a customer relationship, maintain accounts or engage in financial transactions (Account Information). PNL may work with Frollo, Yodlee or one or more other third party online services to access this Account Information. The protection of your Account Information is subject to strict security and privacy practices, as set out in the Policies.

To the extent permitted by law, PNL is not liable in respect of any technical or other difficulties which may result in failure to obtain data or Account Information or loss of data or Account Information, personalisation settings or other service interruptions. PNL does not assume any responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, Account Information, communications or personalisation settings.

Third party links and offers

PNL may also present information to you relating to third party offers, products or services. We do not endorse, warrant or guarantee these offers, products or services and we will always disclose when an offer, product or service is sponsored.

PNL does not guarantee nor represent that any third party offers, products or services presented to you via the mymo app are actually the terms that will be offered to you if you decide to pursue the offer, product or service or that they are the best terms, or lowest rates available.

All third party offers, products and/or services including names, services, company names and logos mentioned as part of the mymo app are trademarks of their respective owners, and are not associated or affiliated with PNL.

Direct Marketing

PNL may with your express consent use your personal information (including Account Information we collect from others) in accordance with the CDR to advertise or promote products, services, or business or investment opportunities we think may interest, including by:

• contacting you by telephone (notwithstanding registration at any time of your telephone number on the Do Not Call Register) or writing to you; and
• sending commercial electronic messages through online banking, the mymo app or to any email address or mobile phone number you have provided us.

You can unsubscribe from such messages by using the link or following the instructions provided in any commercial electronic message.

You can ask us not to contact you about products and services and not to disclose your information to others for that purpose by calling us on 13 25 77.

User information

In order for PNL to provide the best service you agree to provide true, accurate, current and complete information about yourself and your accounts maintained with PNL and with other third party financial institutions and you agree to not misrepresent your identity or your Account Information.

You agree and understand that you are responsible for maintaining the security and confidentiality of your password, which, together with your login ID email address, allows you to access the mymo app (User Information). You must comply with the requirements for use and security of your User Information set out in clauses 6 and 16 of our Online Terms. If your User Information has been lost or stolen, you must follow the requirements of clause 23 of our Online Terms.

By providing us with your email address, you agree to receive all required notices in respect of the mymo app electronically, to that email address. It is your responsibility to update or change that address, as appropriate.

You agree to notify PNL immediately if you become aware of any unauthorised use of your User Information.

Subscription fees

PNL may in the future offer users paid plans which may be subject to subscription fees (Fees). The applicable Fees will be listed on our website and/or within the mymo app. Fees may change from time to time but we will always give you at least 30 days’ notice of any fee increase. All amounts will be in Australian dollars and are inclusive of any applicable taxes. To the extent permitted by law, all Fees are non-refundable.

Cancellation

You may cancel your mymo app account at any time through the mymo app or by contacting us through the email address listed at the end of these Terms. Once you have asked us to cancel your mymo app account, all of your mymo app information will be deleted from our systems  , and no information will be retained by us other than as required by law. Simply deleting the mymo app will not give effect to termination and deletion of your account information.

We may cancel or suspend your mymo app account at any time if you breach these Terms or for any of the reasons specified, and in the manner described, in clause 22 or 26 of our Online Terms.

Use policy

By using the mymo app, you affirm that you are 18 years or older or an emancipated minor or possess legal parental or guardian consent, and are fully able and competent to enter into these Terms and to abide by and comply with these Terms.

By using the mymo app, you agree:

• that you have had reasonable opportunity to review these Terms;
• to use the mymo app in accordance with these Terms;
• that your right of access to and use of the mymo app is personal to you and is not transferable by you to any other person or entity;
• to only use the mymo app in respect of bank accounts held directly by you;
• that information about your accounts that you obtain via the mymo app may not always be completely up to date or correct at the time you obtain that information, and that the information about your accounts that can be viewed through the mymo app and the other services we provide through our other online banking services and apps may vary between each service;
• to keep your personal information up to date and accurate, including by promptly notifying us of any change to your mobile phone number, name, residential address or email address;
• to use the mymo app in good faith and in a way so as to not bring into disrepute or cause reputational or other damage to PNL, Frollo, the mymo app software or to the goodwill relating to PNL, Frollo, or the mymo app;
• to the use of the third party platforms provided by Frollo and Yodlee (or any other third party provider) which allows users to access their online banking accounts via the mymo app;
• to the transfer of de-identified, encrypted data between Yodlee, Frollo, PNL and other third party service providers for the purposes of providing you with the mymo app;
• to use the mymo app accordance with the technology and systems as provided;
• that PNL is not liable for content or any defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you; and
• that PNL may, in its sole discretion and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the mymo app and you agree that PNL is not liable to you or any third party for such variation, modification or discontinuance of the mymo app.

By using the mymo app you agree not to:

• distribute, lease, license, sell, rent or otherwise transfer or assign the mymo app, or any copies of the mymo app software;
• make a copy of the mymo app software or any part thereof;
• reverse engineer, decompile, disassemble, and/or prepare derivative works based on the mymo app software, in whole or in part;
• otherwise modify the mymo app software, in whole or in part;
• remove or modify any proprietary notices, marks or labels contained on or within the mymo app software;
• use the mymo app in a manner that is unlawful, fraudulent or deceptive or that encourages conduct that would constitute a criminal offence, or give rise to civil liability;
• use the mymo app in a way that terminates these Terms;
• use any technology or other means that are not authorised by us to access the mymo app;
• use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access the mymo app software;
  attempt to, or introduce viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of the mymo app, the mymo app software or any other computer software or hardware or telecommunications equipment;
• gain or attempt to gain unauthorised access to the mymo app software including the networks or user accounts; or
• attempt to or engage in conduct that damages, disables, overburdens, or impairs the mymo app software servers or networks.

Intellectual property

All content on the mymo app website and application is owned by PNL or its related entities or licensees. This includes but is not limited to copyrights, trademarks, trade secrets, patents, titles, graphics logos and other intellectual property rights. PNL or its related entities or licensees retain all right, title, and interest in and to the mymo app and all related content and intellectual property, and nothing you do on or in relation to the mymo app, or any of the related content will transfer any rights, in intellectual property or otherwise. You agree not to do anything that interferes with or breaches PNL’s or its related entities' or licensees' intellectual property rights. You are forbidden from copying, downloading, reproducing or distributing any information contained in the mymo app without prior written consent from PNL. You may view content or print a copy of material from the website for personal, non-commercial use, provided that you do not modify the content in any way.

Content

You are licensing to PNL and its service providers (including Frollo) any information, data, passwords, materials or other content you provide through or to the service (collectively, “Content”). PNL and its service providers (including Frollo) may use, modify, display, distribute and create new material using such Content to provide the mymo app to you.

PNL may also for its own internal use only, use, and/or reproduce, your identifiable information that is derived through your use of the mymo app.

By submitting Content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, PNL and its service providers (including Frollo) may use the Content for the purposes set out above. As between PNL and its service providers (including Frollo), PNL owns your confidential information.

Limitation of liability

To the maximum extent permitted by law, in no event will PNL, its related entities or service providers (including Frollo) nor any of their affiliates, employees or representatives be liable for any direct and indirect loss, damage or expense, irrespective of the manner in which it occurs, which may be suffered due to your use of the mymo app and or the information contained on our website and/or the mymo app. This includes but is not limited to any consequential loss or damage, including but not limited to relating to loss of profit, goodwill, use, data or other intangible losses resulting from:

• the use or access of or inability to use or access the mymo app;
• the cost of obtaining substitute goods or services;
• any products, data, information or services purchased or obtained or messages received or transactions entered into, through or from the mymo app;
• unauthorised access to or alteration of your transmission or data;
• the use, inability to use, unauthorised use, performance or non-performance of any third party account provider site, even if the provider has been advised previously of the possibility of such damages;
• errors, mistakes or inaccuracies of content;
• personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the mymo app;
• any unauthorised access to or use of our servers and/or all personal information and/or financial information stored therein;
• any interruption or cessation or transmission to or from the mymo app;
• any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the mymo app by any third party;
• any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the mymo app, whether based on warranty, contract, tort, or any other legal theory; or
• or any other material relating to the mymo app.

We understand that, in some jurisdictions, certain warranties, disclaimers and conditions cannot be legally excluded. If this is applicable in your jurisdiction, then, to the fullest extent permitted by law, PNL limits its liability for any claims under any such warranties or conditions to either:

• supplying the mymo app to you again, or the cost of supplying the mymo app to you again; or
• repairing or replacing the mymo app or the cost of repairing or replacing the mymo app.

Warranties and indemnification

To the extent permitted by applicable law, by using the mymo app, you agree that your use of the mymo app and all information, products and other Content (including that of third parties) included in or accessible from the mymo app is at your sole risk. The mymo app is provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, PNL and its service providers (including Frollo) expressly disclaim all warranties of any kind as to the mymo app, the service and all information, products and other Content (including that of third parties) included in or accessible from the mymo app, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

To the fullest extent permitted by applicable law, PNL and its service providers (including Frollo) make no warranties or representations of any kind that: (i) the mymo app will meet your requirements; (ii) use of the mymo app will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the mymo app will be accurate or reliable; (iv) that the information about your accounts that you obtain via the mymo app will be completely up to date or correct at the time you obtain that information; (v) the quality of any offers, products, services, information, or other material purchased or obtained by you through the mymo app will meet your expectations; (vi) any errors in the mymo app technology will be corrected; or (vii) the mymo app will be accessible from any location.

To the extent permitted by applicable law, any material downloaded or otherwise obtained through the use of the mymo app is done at your own discretion and risk and you are solely responsible for any damage to your computer system or any loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from PNL or its service providers (including Frollo) through or from the mymo app will create any warranty not expressly stated in these Terms or otherwise provided by law.

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless PNL, its related entities, partners, service providers (including Frollo), affiliates, contractors, officers, directors, employees and agents (Indemnified Parties) from and against any and all claims, liability, damages, losses, obligations, expenses (including but not limited to legal fees), costs or debt or actions of any kind brought against an Indemnified Party caused by or arising directly or indirectly from: (i) your use of and access to the mymo app; (ii) your violation of these Terms; (iii) your infringement, or infringement by any other user of your mymo app account, of any intellectual property or other right of anyone; or (iv) any claim that your content caused damage to a third party (including Frollo). This defense and indemnification obligation will survive these Terms and your use of the mymo app.

Jurisdiction and governing law

Your use of the mymo app and these Terms are governed by the law of Western Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Western Australia.

Assignment

These Terms may not be transferred or assigned by you, but may be assigned by PNL (or Frollo) without restriction.

General

These Terms, together with the Policies and any other legal notices published by PNL in relation to the mymo app, will constitute the entire agreement between you and PNL concerning the mymo app.

If any clause of these Terms is held to be invalid, void, unlawful or unenforceable for any reason, that clause will be severed from the Terms and it will not affect the validity and enforceability of the remainder of the Terms.

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and PNL’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

The provisions of these Terms which by their nature survive termination or the expiry of these Terms, will survive cancellation or your registration or termination of the mymo app.

Any one of these Terms which purport to exclude, limit or modify or has the effect of excluding, limiting or modifying our liability to you is subject to any non-excludable liability imposed on us by the Competition and Consumer Act 2010 (Cth).

Because the internet is not a secure medium, we cannot guarantee that every action performed using the mymo app is completely secure.

Disputes

We will follow the process set out in clause 21 of our Online Terms to resolve any dispute.

Contact us

For further information about these Terms or our practices, or to make a complaint or request access to or the correction of your information, please contact us using the details set out below or in our Privacy Policy or CDR Policy.

Email: mymo_support@pnbank.com.au

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