1. Google Assistant-enabled devices – ‘Action’

These Terms govern your use of the Google Assistant service with your NAB Accounts, via the Action. The Google Assistant is a voice assistant service made available by Google on certain devices (e.g. Google Home, certain smartphones) to communicate principally by voice about your Accounts.

Refer to the following link for more information on the Google Assistant and devices that work with the Google Assistant.

To use this Action, you must:

(1) have an active Account with us;

(2) be registered for internet banking with us;

(3) have a Google Assistant-enabled device with an internet connection; and

(4) have a Google account.

2. Registration and security for Google Assistant

Registration

You must register an account with Google by following the prompts on the relevant Google app or website. You may be required to accept Google’s terms and conditions as part of this registration. You are responsible for maintaining the strict confidentiality of your Google account details and for any activity under your Google account, including in relation to the Action.

Action PIN different to your Accounts with us

You will be required to set a 4 digit PIN with Google to access your Accounts through the Action. To protect your Accounts, this PIN must not be the same as the PIN you use with your debit or credit cards, internet banking, telephone banking or NAB mobile app. Using a different PIN for Google Assistant means that if it is overheard, your Accounts with us are not compromised. Although you may not be required to change this PIN, we recommend you change the password on your Google account every 60 days.

Authorising the Action on NAB mobile app

We will ask you to authorise the Action and allow Google Assistant to access information about your Accounts. You will be able to do this when you next open your NAB mobile app after requesting the use of the Action with your NAB Accounts.

3. How does it work?

Access

To access your NAB Accounts using the Action, you will have to speak commands and questions aloud to the Google Assistant service (or you may type them in, if using a compatible device). You will then receive responses aloud or in some instances via the inbuilt graphical display of your Google Assistant-enabled device, where supported.

Communications

Any communication to us via the Google Assistant will be treated by us as a communication authorised by you. Similarly, any communication from us via Google Assistant in response to a request received from your Google Assistant-enabled device will be treated by us as a communication to you.

4. Confidentiality and security

It is possible that someone could overhear you interacting with us via the Action and learn information about your NAB Accounts. In addition, Google may retain information when you make a request using the Action.

You must take reasonable care in the use of your PIN, NAB ID, password and access details for your Accounts with us. You must not speak your NAB ID or password for internet banking or telephone banking to Google Assistant. We also recommend you do not use your full name when interacting with Google Assistant.

5. Information about precautions you must take

Please see the following precautions you must take when accessing a mobile application.

You must notify us of any unauthorised use of your Account, PIN, NAB ID or password or any other breach of security concerning your NAB Account or Google account.

6. Accuracy

We are not responsible for the accuracy of your interactions in using the Action or Google Assistant. Google Assistant may not hear you correctly, may incorrectly translate what you said, or may say something to you that is different from what we asked it to say. Google Assistant may also not work correctly, or not work at all at times.

If you have any issues or doubts about the accuracy of your interactions with us via the Action, you can still access your Account details by using your NAB mobile app, accessing internet banking or telephone banking, or by speaking to us in person at a branch.

7. Your information

When you use the Action to get information about your Accounts with us, the information will be obtained by Google from us. Google will convert that information into a Google Assistant voice interaction which will then be retained by Google to improve the quality of Google Assistant’s voice interactions. By using the Action, you are authorising us to share your NAB Account information with Google.

We do not have control over how Google handles the information it receives from you or from us. Accordingly, we are not able to assure you that the information will be handled in accordance with the Australian Privacy Principles (set out in the Privacy Act 1988 (Cth)). You should consult your agreements with Google to learn more about how Google handles information it receives from us.

8. NAB Privacy and sharing

NAB may collect your Personal Information to allow you to register for the use of the Google Assistant service via the Action. If the Personal Information requested by NAB is not provided, you may not be able to use certain parts of the Action.

NAB may use and disclose Action usage information to its service providers for the purposes of analytics or as set out in NAB’s Privacy Policy.

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 our Privacy Policy.

By using the Action, you agree:

(a) for us to pass on limited information and share your requests and interactions using the Action with Google; and

(b) that any information you communicate via the Action, or any share functionality, with a third party, may become publicly available and that NAB is not responsible for the conduct of others who may hear, view, collect or use this information.

9. Cost

The Action is provided to you free of charge.

Unless you are using a WiFi connection, you may be charged according to your mobile plan for the use of data to enable and activate the Action through the relevant Google app.

10. Accepting these Terms

These Terms apply to your use of the Action. By using the Action, you agree to be bound by these Terms.

You do not have to agree to these Terms. If you do not accept these Terms, you may not use the Action.

These Terms do not replace any other agreement we have with you, including your Account terms and conditions and internet banking terms and conditions (“Account Terms”). If there is any inconsistency between these Terms and the Account Terms, the Account Terms apply to the extent of that inconsistency.

11. Ending or changing the Action

You can stop using the Action at any time and if you wish you can deactivate the Action, by unlinking the Action from the Google Assistant, using the relevant Google app, or removing access to the Action from Google Assistant, using the NAB mobile app.

We may withdraw, suspend or change the Action immediately for any reason, including where repair or maintenance work is needed. We may add new capabilities from time to time and have no obligation to offer any particular features in relation to the Action.

12. Licence and restrictions

NAB grants to you a non-exclusive, non-transferable, non-sublicensable limited licence to access and use the Action in Australia, solely for personal use.

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

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

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

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

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

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

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

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

13. Intellectual Property

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

Your use of this Action does not constitute a transfer, assignment or grant of any ownership rights in any of the Intellectual Property Rights or the Action.

14. Limited warranty

To the fullest extent permissible by Consumer Law, the Action 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 Action 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.

15. 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 Action as well as total responsibility for establishing such procedures for data backup and virus checking as you consider necessary.

16. 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.

17. Definitions

In these Terms, unless the context otherwise requires, the following words will have the following meaning.

Account or NAB Account means the account or accounts you have with us that are connected to your NAB mobile app.

Account Terms means your Account terms and conditions and includes the embedded internet banking terms and conditions.

Action means the use of Google Assistant with one or more of your NAB Accounts, enabled where you have linked such NAB Accounts to the Google Assistant service.

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

Google means Google LLC, located at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States.

Google Assistant means the voice assistant developed by Google for the purposes of voice interaction and control using Google Assistant-enable devices.

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, we, us, our 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 Policy means NAB’s privacy policy as updated from time to time.

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

Terms and references to these Terms are references to these terms and conditions for the use of Google Assistant with your NAB Accounts.

You or you means any person who has an Account, and your and yourself have the corresponding meanings.

18. Interpretation

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

The words “include”, “including” and “e.g.” 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.

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

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