Citrus Innovations Pty Ltd (Citro) Mobile App Terms and Conditions
The Citro New Zealand (NZ) app is subject to terms and conditions. As the terms and conditions contain important rules of use, you should read them in deciding whether to use the app.
By pressing the 'Accept' button, and each time you use the Citro NZ app, you acknowledge and agree that you have read, understood and agree to the following terms and conditions of the Citro NZ app:
General
1. The "App Terms" consist of:
a. these App-specific Terms;
b. the terms and conditions which apply to the use of the Citro NZ App provided by Citrus Innovations Pty Ltd ("Citro Terms") as if references in those terms to 'Citro NZ App’ or 'website' were a reference to the Citro NZ app (where applicable).
Where there is an inconsistency between the App-specific Terms and the My CitroTerms, the App-specific Terms prevail in relation to the Citro NZ app.
2. Citro may change the App-specific Terms at any time without notice. We may require you to confirm your acceptance of changes to continue using the Citro NZ app.
3. You should consider any changes that we notify to you and regularly check the App Terms for any changes. If the App Terms are changed, you must comply with the updated App Terms. If you do not agree to the updated App Terms, you must immediately cease using the Citro NZ app.
4. The Citro NZ app is a special and additional feature of My Citro. It is not a stand-alone product or service. You may only use the My Citro services through the Citro NZ app if you have first registered and obtained login details and a password for My Citro, as required by Citro from time to time.
Fees and charges
5. Use of the Citro App is at no fee for users. Subject to the law and any applicable codes, Citro may however, charge fees for using the Citro NZ app in the future. Any fees and charges that apply to your Citro products accessible through the Citro NZ app will continue to apply to transactions made using the Citro NZ app.
6. Citro will give you at least 60 days’ prior notice of imposing or increasing any fee relating solely to the use of the Citro NZ app.
Intellectual Property and Licence
7. All copyright and other intellectual property rights in the Citro NZ app are owned by Citro and/or its licensors.
8. Citro grants you a revocable, non-transferable, non-exclusive licence to download, install and use the software for the Citro NZ app on your Mobile Device for your own purposes. This licence is subject to any limitations or restrictions on the permitted use of the Citro NZ app contained in the App Distributor Terms. You must not (and must not attempt to):
a. copy, distribute, translate, modify, tamper with, disassemble, decompile, reverse engineer the Citro NZ app or derive the Citro NZ app's source code from its object code;
b. sell, rent, lease, sub-license, assign, exchange or otherwise transfer the Citro NZ app or your rights under the App Terms;
c. create derivative works of or from the Citro NZ app;
d. use the Citro NZ app in a manner which would contravene the App Distributor Terms; or
e. permit or assist any person to engage in any act described in paragraphs (a) to (d) above.
Use of the Citro NZ app
9. You must provide your own internet access and Mobile Device in order to download, install and use the Citro NZ app. You are solely responsible for all internet access, data download and other network charges arising from your downloading ,installation or use of the Citro NZ app (including any global roaming charges where you use the Citro NZ app overseas) and you acknowledge and agree that Citro has no responsibility or liability for those charges.
10. Where another person is liable to pay those charges under the relevant internet service, mobile data or mobile telephone account used by your Mobile Device, you acknowledge and agree that you have obtained their consent to your downloading, installation and use of the Citro NZ app.
11. You are responsible for the operation and maintenance of your Mobile Device and for ensuring the Citro NZ app operates correctly on your Mobile Device. You must use a personal identification number ("PIN") to access the Citro NZ app. You must obtain (or register) the PIN as required by Citro and use it in the manner Citro directs in order to access the Citro NZ app.
12. You must keep your PIN for the Citro NZ app confidential, and not disclose it to any person, or authorise or permit any other person to use the Citro NZ app on your Mobile Device. If you breach your obligations under this paragraph and another person:
a. uses the Citro NZ app on your Mobile Device; or
b. uses your PIN for the Citro NZ app,
you are responsible and liable for that use of the Citro NZ app or PIN, as if that use of the Citro NZ app was by you.
13. You should keep your Mobile Device safe. The security of the Mobile Device is very important. You must make every effort to ensure that the Mobile Device is not breached, misused, lost, stolen or otherwise compromised. Do not leave your Mobile Device unattended and left logged into the Citro NZ app. Ensure that you lock your Mobile Device and take any reasonable steps to stop unauthorised use of the Citro NZ app. If you fail to observe the reasonable security requirements set out in these App-specific Terms, you may incur liability for unauthorised use.
14. Citro has the right to monitor and, where applicable, refuse to transmit or post any transmissions made using the Citro NZ app.
15. To use the CitroNZ app and its features, you must grant the Citro NZ app the permissions and access to your Mobile Device and other applications that it requires. If you do not grant these permissions and this access, you may be unable to use the Citro NZ app or some of its features.
16. The Citro NZ app uses the internet to provide services and information. By using the Citro NZ app, you acknowledge and agree to accept all risks associated with using the internet, including the potential exposure to viruses and harmful code which may affect your Mobile Device.
17. Citro does not warrant or guarantee the security of the Citro NZ app. You are solely responsible for the security of your Mobile Device (including any data stored on that device) and for using appropriate and up-to-date software on your Mobile Device to detect and manage the threat posed by viruses and other harmful code.
18. You must only install approved applications on your Mobile Device and never override the software lockdown (i.e. "jailbreak" or “root” your Mobile Device).
19. All software has security vulnerabilities. Citro may from time to time identify vulnerabilities in the Citro NZ app and make available updates to help address these vulnerabilities but is under no obligation to do so. You acknowledge and agree that you will use the most up-to-date version of the Citro NZ app available from time to time, and will check regularly for updates to the Citro NZ app.
Reporting unauthorised transactions or PIN revealed
20. You must tell us as soon as possible if:
a. you suspect that your PIN is known to someone else;
b. you suspect any unauthorised use of your accounts; or
c. your Mobile Device is lost or stolen.
If you do not notify us or you unreasonably delay in notifying us, you may be liable for unauthorised transactions.
Biometrics Access
21. If you have the Citro NZ App installed on a Mobile Device that has ‘Biometric Authentication’ available (eg, FaceID), you will be able to turn on Biometric Access for the Citro NZ App. Turning on Biometric Access for the Citro NZ App means that you can access the Citro NZ app using your face or fingerprint instead of your Citro NZ App PIN. For certain transactions on the Citro NZ App you may be prompted to enter your Citro NZ App PIN Login as an additional security measure. If turning on Biometric Access, you must only ever store your biometrics on your Mobile device.
You must never turn on Biometric Access for the Citro NZ App if you have any biometrics stored on your Mobile Device other than your own. If after turning on Biometric Access, you allow other people to use their biometric on your Mobile Device, you must turn off biometric Access for the Citro NZ App.
If you do allow anyone else’s biometric to be stored on your Mobile Device (despite this being against these App Terms):
i. they will be able to access your accounts and considered authorised to do so; and
ii. you will be responsible for their use of the services and features available through the Citro NZ App including but not limited to transactions.
Performance of the Citro NZ app
22. Citro will use reasonable endeavours to generally make the services provided through the Citro NZ app available during its usual business hours. However, the availability of those services depends on various third-party suppliers of both you and Citro, and accordingly, Citro does not warrant or guarantee:
a. that you will be able to use the Citro NZ app at any time; or
b. that your use of the Citro NZ app will be continuous, uninterrupted, secure or error-free.
23. You acknowledge and agree that the services provided through the Citro NZ app may not be available for use from time to time, and that you may be disconnected from your use of those services at any time for any reason, including if:
a. any network connection difficulties occur;
b. the systems providing those services are unavailable for any reason (including so that maintenance can be performed);
c. you breach any of the App Terms; or
24. Citro decides to terminate your access to those services for any reason. Citro makes no guarantee as to the speed, reliability or other performance of the Citro NZ app. The performance of the Citro NZ app depends on various factors, including the functions, capacity and configuration of your Mobile Device, the speed of your internet connection, and the number of users accessing the systems which support the Citro NZ app.
25. The information provided in the Citro NZ app has been sourced from information believed to be accurate and reliable at the time it was sourced. Citro does not give any guarantee, representation or warranty as to the accuracy, completeness or currency of the information made available through the Citro NZ app nor does it accept any responsibility or liability for or in connection with any loss or damage arising from any inaccuracies, errors or omissions in the information made available through the Citro NZ app. However, Citro will endeavour to ensure that the information is updated as soon as practicable when it becomes aware that material changes have occurred.
Suspension or termination of Citro NZ app
26. Citro reserves the right to suspend, block access or terminate your use of the Citro NZ app, the services provided through it and/or any of its features or components at any time and for any reason, without notice to you. If requested by Citro, you must immediately cease use of the Citro NZ app and remove it (and all associated data) from your Mobile Device.
Your obligations
27. You must not use (or attempt to use) the Citro NZ app:
a. for any unlawful or dishonest activity;
b. to access, transmit, publish or communicate material which is defamatory, offensive, unsuitable for minors, abusive, indecent, menacing, or otherwise unlawful, or which contains a virus or other harmful code;
c. to obtain unauthorised access to (or damage, disrupt or interfere with the operation of) any computer, system, application, network or service;
d. to transmit, publish or communicate bulk and/or unsolicited messages;
e. in any way that may bring negative exposure or harm to Citro, its suppliers or other users of the Citro NZ app; or
f. in any way that may cause Citro, its suppliers or other users of the Citro NZ app to incur liability to a third party.
28. Citro may ask you to cease any conduct which it believes is contrary to your obligations under the App Terms. You must immediately comply with any such request.
Liability
29. To the extent permitted by law, Citro excludes from the App Terms all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom.
30. Except for any liability that cannot be excluded by law:
a. Citro is not liable for any Loss or other consequences arising from or in connection with:
i. your downloading, installation and use of (or inability to download, installer use) the Citro NZ app, including, without limitation, any and all actual or anticipated loss of profits, revenue, goodwill, savings, data, business opportunity, or expectation, and any and all indirect, special, consequential, punitive or exemplary Losses;
ii. any action taken or not taken by a third party in relation to a transaction that involves a third party;
iii. any information provided to Citro that may be inaccurate; or
iv. any damage to your Mobile Device as result of accessing or attempting to access the Citro NZ app; or
v. you taking pictures of app screens in the course of using the Citro NZ app; and
b. to the extent permitted by law, Citro's liability is limited to resupplying the services accessible through the Citro NZ app or to paying for the resupply of the Citro NZ app or any part of it to you.
c. If you do allow anyone else’s fingerprints to be stored on your MobileDevice (despite this being against these App Terms):
i. they will be able to access your accounts and considered authorised to do so; and
ii. you will be responsible for their use of the services and features available through the Citro NZ App including but not limited to transactions.
Privacy policy
31. Citro may handle your personal information.
You agree that Citro(or other members of the Citro Group) may collect, use, share and store your personal information as set out in the CitroPrivacy Policy. You acknowledge that you have rights of access to, and correction of, your personal information under the Privacy Act 2020.
32. You acknowledge and agree that Citro may use and disclose your personal information to keep you informed about financial products and services, other offerings that it considers are of interest to you and for insight research purposes. You consent to receiving electronic messages from Citro, from members of the Citro group or trusted partners via the contact methods you have shared with Citro including email and SMS. You can opt out of receiving direct marketing information from us at any time by emailing us at privacy@joincitro.co.nz.
Sometimes we share information to entities located overseas. When we send your personal information to overseas recipients, we make sure appropriate data handling and security arrangements are in place. We may provide you withdetails of additional outsourcing arrangements, if applicable. Pleaserefer to the CitroPrivacy Policy formore information.
Miscellaneous
33. Citro does not waive a right, power or remedy in connection with the App Terms if it fails to exercise or delays in exercising the right, power or remedy.
34. Any person defined as 'Citro' may exercise a right available to 'Citro' under the App Terms without reference to the other.
35. If the whole or any part of a provision of the App-specific Terms are void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of the App-specific Terms have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected.
36. The App-specific Terms are governed by the laws of New Zealand. You submit to the nonexclusive jurisdiction of the courts of New Zealand.
Interpretation
37. In the App-specific Terms: a reference to the "Citro NZ app" includes updates to the Citro NZ app; a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them; a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time; and:
"Citro"means Citrus Innovations Pty Ltd.
"App-specificTerms" means the terms and conditions of use set out in this document.
"AppDistributor Terms" means the terms applying to the website or online store from which you downloaded the Citro NZ app, as may be updated from time to time.
"Biometric Authentication" means a security feature using biometric technology that allows users to confirm their identity with a single touch fingerprint or facial identification.
"Losses" means any liabilities, losses, damages, costs and expenses (including legal costs and expenses, regardless of whether incurred or awarded) arising in contract, tort (including negligence) or otherwise.
"Mobile Device" means at least.
· Android:
· Any smartphone or tablet released with Android 7.0 or newer.
· Devices from manufacturers like Google (e.g., Pixel series),Samsung, Huawei, LG, Sony, Motorola, and others that were released in 2016 or later.
· iOS:
· iPhone 15, 15 Plus, 15 Pro, 15 Pro Max
· iPhone 14, 14 Plus, 14 Pro, 14 Pro Max
· iPhone 13, 13 mini, 13 Pro, 13 Pro Max
· iPhone 12, 12 mini, 12 Pro, 12 Pro Max
· iPhone 11, 11 Pro, 11 Pro Max
· iPhone SE (2nd generation and later)
"Privacy Policy" means the Citro privacy policy, as amended from time to time and published on the Citro website.
"Related Company" has the meaning given to it in the Companies Act 1993 and includes an equivalent entity incorporated in Australia.