These Terms of Use apply to NAB’s Kids’ Banking App. The Kids’ Banking App is designed to be downloaded and managed by an Adult parent or guardian and used by juniors generally aged between 5 and 12 years old through linked childrens’ profiles. Registered Users can then access the Application via any connected devices.

1. Acceptance

By downloading and using this Application, you agree to accept these Terms of Use each time you or any Registered User access or use the Application. NAB may change these Terms of Use at any time. You should periodically visit this page by accessing Terms of Use within the Apple App Store or Google Play. You will be informed from time to time of version upgrades to the Application. If you do not agree to these Terms of Use (as amended from time to time with future upgrades to the Application), you must immediately exit the Application and delete the Application from your device.

2. Use

You may only use this Application as an Account Administrator if you are an Australian resident aged 18 years or older. Participants aged under 18 years who may be linked to the Administrator Account as Registered Users must obtain the consent of their parent or guardian to access and use the Application and provide Personal Information about themselves.

The Application may only be used in the Territory and NAB makes no representation that it is appropriate or available for use in all locations.

NAB reserves the right to modify, suspend or terminate the Application at any time without notice to you.

As the Account Administrator you are responsible and liable for access or use of the Application by Registered Users in addition to your own use of the Application.

3. Mobile and internet data

To use all features of the Application and for updates, you must enable 3G or 4G or Wi-Fi data connection and location services on your compatible mobile device.

Downloading, accessing and using the Application and accessing and using mobile content including web-based content may incur data charges. The costs of doing so will depend on the service provider, usage plan or mobile carrier used (as applicable).

Any external links (such as links clicked through the Apple App Store or Google Play) and Application features that require Internet or mobile Internet connection may also incur data charges.

You are responsible for all costs of downloading, installing, accessing and using this Application.

4. Account and communication

You must register an Administrator Account by following the prompts on the Application in the manner required. You must log-in to your Administrator Account in order to receive, access, use or redeem virtual Rewards. To register an Administrator Account, you will be required to provide a login and password.

You are only able to register and maintain one (1) Administrator Account and the Administrator Account must be in your own name.

Registration and participation is via Internet or mobile Internet (carrier’s standard data charges apply) enabled Apple iPhone (iPhone 6 or above is fully supported) and Android (Samsung Galaxy S5 or above is fully supported) compatible mobile devices (minimum iOS10 and Android 5.0, respectively) and Apple iPad (iPad Air or above is fully supported) and Android Tablet (Samsung Galaxy Tab S2 8 is fully supported) devices only (minimum iOS10 and Android 5.0, respectively). The Application is compatible for other Android devices but depending on the device may not be fully supported.

You are responsible for maintaining the strict confidentiality of your Administrator Account details and for any activity under your Administrator Account.

You agree to immediately notify NAB of any unauthorised use of your Administrator Account or password or any other breach of security. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your Administrator Account and to notify NAB when you desire to cancel your Administrator Account.

You agree to NAB communicating with you (including providing passwords, replacement passwords, information, assistance or reporting on use of the Application by you or any Registered Users) by email to the address provided on registration for the Administrator Account..

5. Linked profiles

You may create child profiles within the Application which can be linked to the Administrator Account as Registered Users. The juniors for whom the child profile(s) are created may access and use the Application from any connected device. Where a Registered User links their NAB savings account to their child profile within the Application, that Registered User must enter their own NAB ID and password for NAB Internet Banking to complete registration of their account to the Administrator Account.

6. Virtual Rewards

The Application may include the ability to receive virtual, in-game currency, or use codes to redeem various items in the Application (“Rewards”).

The Application is for fun only and Rewards cannot be sold, purchased, redeemed or transferred for real currency or any other item of monetary value from NAB or any other person.

You will lose all Rewards if your Administrator Account is terminated, suspended or if any Rewards are removed or revoked from your Administrator Account.

NAB reserves the right to refuse your request to receive, use or redeem Rewards for any reason.

7. Privacy

NAB may collect your Personal Information to allow you to register for an Administrator Account. To the extent necessary to enable registration of children’s profiles to the Administrator Account, NAB may collect Personal Information of such Registered Users (for which consent has been given under clause 2 of these Terms of Use). If the Personal Information requested by NAB is not provided, you may not be able to use certain parts of this Application.

NAB will endeavour to take all reasonable steps to keep secure, accurate, up-to-date, complete and relevant any Personal Information recorded and will do so in accordance with its Privacy Policy.

By using the Application, you agree:

(a) that you have accessed and agree to NAB’s handling of Personal Information recorded under this clause in accordance with NAB’s Privacy Notification; and

(b) to share results of Rewards allocated in the Application with Registered Users linked to the Administrator Account.

8. Licence and restrictions

NAB grants to you a non-exclusive, non-transferable, non-sublicensable limited licence to access and use the Application in the Territory, solely for your personal use and access and use by Registered Users.

You must not, or encourage any person or entity to:

(a) decompile, disassemble, reverse compile or otherwise reverse engineer all or any portion of the Application, including any source code, object code, algorithms, methods or techniques used or embodied in the Application;

(b) modify, duplicate or create any derivative works based upon the Application;

(c) distribute, resell, commercialise, disclose, market, publish, rent, lease, assign, incorporate into any database, sublicense or otherwise transfer any part of the Application in any form to any third party, or use the Application on behalf of or for the benefit of any third party;

(d) remove or alter any copyright, trademark, logo or other proprietary notice or label appearing on or in the Application;

(e) infringe upon, harm or contest the validity of the Intellectual Property Rights contained or embodied within the Application

(f) data mine, scrape, crawl, email harvest or use any process or processes that send automated queries to the Application;

(g) incorporate any portion of the Application into any other materials, products or services that are not intended for Your personal use; and

(h) use, or offer to use, the Application for direct marketing activities or with the intention of encroaching upon the privacy of an individual or otherwise breaching the Privacy Act.

9. Intellectual Property

You acknowledge and agree that NAB is the sole and exclusive owner of all rights, title and interest in and to the Application, including any and all Intellectual Property Rights contained or embodied within the Application.

Your use of this Application (or that of Registered Users) does not constitute a transfer, assignment or grant of any ownership rights in any of the Intellectual Property Rights or the Application.

10. Limited warranty

To the fullest extent permissible by Consumer Law, the Application and its entire contents are provided on an "as is" and "as available" basis without any warranties of any kind either expressed or implied. NAB disclaims all warranties of merchantability, non-infringement and fitness for a particular purpose.

NAB does not make any guarantees and does not provide any undertaking that the Application will be available at all times or that it will be error free, reliable or secure or free from viruses or other harmful components or that any defects will be corrected.

11. Limitation of liability

To the maximum extent permitted by Law, NAB is not liable for:

(a) any special, consequential, indirect, incidental, punitive or exemplary damages of any kind; or

(b) damages for any loss of profits or revenue, loss resulting from interruption of business or loss of use or data, arising out of or relating to these Terms, however caused.

You assume the risk in using the Application as well as total responsibility for establishing such procedures for data backup and virus checking as you consider necessary.

12. Miscellaneous

These Terms are governed by and shall be construed and applied in accordance with the laws of Victoria, Australia and you irrevocably consent and submit to the jurisdiction of the courts sitting in Victoria.

Nothing contained or implied in these Terms constitutes one Party the partner, agent, or legal representative of the other Party for any purpose or creates any partnership, agency or trust, and neither Party has any authority to bind the other Party in any way.

13. Definitions and interpretation

Definitions

In these Terms of Use, unless the context otherwise requires, the following words will have the following meaning:

Account Administrator means the Adult parent or guardian who downloads the Application and registers an Administrator Account in their own name.

Administrator Account means the account for the Application for which the Account Administrator registers on downloading the Application under clause 4 of these Terms of Use.

Application means the NAB Kids’ Banking App which NAB makes available to You.

Apple App Store or Google Play means the app stores where the NAB Kids’ Banking App is available to download.

Consumer Law includes any Consumer Guarantee under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Intellectual Property Rights means all industrial and intellectual property rights throughout the world including current and future registered and unregistered rights in respect of trade marks, copyright, source-code, databases, circuit layouts, designs, patents, inventions and discoveries, trade secrets, know-how and confidential information and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967 and Intellectual Property has the corresponding meaning.

Law means common law, principles of equity, and laws made by parliament (laws made by parliament include State, Territory and Commonwealth laws and regulations and other instruments under them, and consolidations, amendments, re-enactments or replacements of any of them).

NAB means National Australia Bank Ltd ABN 12 004 044 937 and any of its Related Bodies Corporate.

Party and Parties means NAB and You.

Personal Information means information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a material form or not.

Privacy Act means the Privacy Act 1988 (Cth).

Privacy Notification means the document available from NAB at https://www.nab.com.au/privacynotification.

Privacy Policy means NAB’s privacy policy as updated from time to time and located at https://www.nab.com.au/common/privacy-policy.

Registered Users means any children for whom the Account Administrator has created a children’s profile linked to the Administrator Account within the Application.

Related Body Corporate has the meaning given to that term under the Corporations Act 2001 (Cth).

Terms of Use means these terms and conditions for the NAB Kid’s Banking App which are made available in the Apple App Store or Google Play with the Application and updated versions issued from time to time by NAB.

Territory means Australia.

You means any person who has set up an Administrator Account within the Application.

Interpretation

The headings in these Terms are for convenience of reference only and do not affect interpretation.

The words “include” and “including” when introducing an example, do not limit the meaning of the words to which the example relates to that example or examples of a similar kind.

A clause is a reference to a clause to these Terms.

Words importing the singular number will include the plural and vice versa, and

Words importing the masculine gender include all other genders.

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