MyBonusBonds Conditions of Use

These Conditions of Use form a legal contract between you and us in relation to your use of MyBonusBonds. It is important that you read and understand them before you proceed with registering for MyBonusBonds. Each time you access MyBonusBonds you agree to be bound by these Conditions of Use. These Conditions of Use specify:

• Your authorisation (mandate) to us to process transactions received via MyBonusBonds, including crediting your Accounts;
• Your obligations, rights and responsibilities when using MyBonusBonds;
• Our obligations, rights and responsibilities in relation to the provision of MyBonusBonds;
• The extent of your potential liability when using MyBonusBonds; and
• Other important matters including privacy, termination of access to MyBonusBonds, amendments to MyBonusBonds and these Conditions of Use and how you may receive notices.

Terminology & Glossary of Terms

"Accounts" means your Cash in Account/s.

"ANZ" is ANZ Bank New Zealand Limited.

"bondholding" means one or more Bonus Bonds owned by the same person or persons which are given a distinct and identifiable bondholding number.

"Business Day" is any day excluding a Saturday, Sunday, or any day on which ANZ is not open for business.

"Cash in Account/s" is the bank account/s nominated from which funds will be credited from the redemption of Bonus Bonds via MyBonusBonds."eCertificates" or "electronic certificates" are Bonus Bonds certificates in an electronic format.

"eCertificates" or "electronic certificates" are Bonus Bonds certificates in an electronic format.

"Operating Authority" means the right to provide instructions to us in respect of a bondholding whether or not you have ownership of the Bonus Bonds held under that bondholding. For example, a parent or guardian of a child aged less than 15 years may have Operating Authority over Bonus Bonds owned by that child.

"We", "us" and "ANZIS" refers to ANZ Investment Services (New Zealand) Limited.

“Wind-up Account” is a bank account nominated for each bondholding to which funds will be credited from the wind up of Bonus Bonds.

"You" and "your" means the person or persons who have Operating Authority on a bondholding, and if a bondholding has more than one person with Operating Authority means any one of you.

MyBonusBonds access number and password

You acknowledge and agree that:

• Use of your access number and password, provide sufficient authority for us to accept instructions for each individual bondholding received via MyBonusBonds, including crediting your Wind-up Account, whether or not you have authorised the instruction; and
• We will accept instructions received via MyBonusBonds to credit one bank account per bondholding. The bank account may be the same or different for each bondholding but for the avoidance of doubt we will only accept one bank account per bondholding.
• We may act on instructions received via MyBonusBonds using your access number and password and are not obliged to make any further enquiries.

Operating Authority

Only persons with Operating Authority over a bondholding may access and use MyBonusBonds in respect of that bondholding. For the avoidance of doubt ownership of a bondholding without Operating Authority is not sufficient to allow access to MyBonusBonds in respect of that bondholding.

Where a bondholding has more than one person with Operating Authority then each such person:

• Must be able to exercise that Operating Authority alone without the agreement or consent of the other(s) to be able to access and use MyBonusBonds for the following purposes:
  • Change any personal details provided in respect of that bondholding, including address for communications.
• Must individually register to be able to access MyBonusBonds and when accessing MyBonusBonds must use their own access number and password.
• Is jointly and severally liable for the performance of their own and each other’s obligations under these Conditions of Use including for any wind-up instructions received in respect of that bondholding.

Bonus Bonds Governing Document

In addition to these Conditions of Use any payment of proceeds of Bonus Bonds under wind-up using instructions communicated by MyBonusBonds is subject to the terms and conditions of the Bonus Bonds Scheme. These are set out in the online register entry and the governing document. When you use MyBonusBonds you agree to be bound by those terms and conditions.

Availability of MyBonusBonds

MyBonusBonds is generally available (but we do not warrant or represent access will be available) 24 hours, 365 days a year, except for any necessary downtime to allow for maintenance of the system and unexpected outages.

To the extent permitted by law, neither we nor ANZ will be liable for any refusal or omission to follow instructions or any other failure to fulfil our obligations, due to causes beyond our reasonable control (including without limitation, the failure or default of any third party network provider or any system not owned or directly controlled by us, or any other electronic, telecommunications, power or computer processing failure).

Communications

Communications with you will be electronic, via Bondmail through MyBonusBonds and email. We may not always provide a functional unsubscribe facility within an email communication if the email is for information purposes only.

We and ANZ may monitor and/or record telephone conversations for training and verification purposes.

Your Obligations

You represent and warrant to us that:

• You can meet all obligations and commitments arising from or connected to any instructions received via MyBonusBonds including instructions for payment of proceeds of Bonus Bonds under wind-up;
• When you give an instruction for payment of proceeds of Bonus Bonds via MyBonusBonds that you have free and clear ownership of those Bonus Bonds, unencumbered by any security or other interest and that you have Operating Authority over that Bond that can be exercised without the consent or agreement of any other person.

You will be bound by any instruction received for the payment of proceeds of Bonus Bonds under wind-up via MyBonusBonds using your access number and online password and you authorise us to credit your Wind-up Account accordingly.

It is your responsibility to safeguard your password and commit your password to memory, to guard against the possibility that others may use that password to gain unauthorised access to MyBonusBonds.

You agree you will not:

• Choose a password that is easily able to be guessed or identified as relating to you, or is an obvious combination of letters and numbers (e.g. sequential numbers, birthday etc);
• Make your password known to any other people;
• Keep any records of your password in a form that can be easily identified;
• Store your password anywhere in written or electronic form;
• Choose a password that is directly related to information that can be easily identified; or
• Leave your computer unattended and left logged into MyBonusBonds.

If your password has been or may have been disclosed, you must contact us immediately on toll free number 0800 266 374. We encourage you to change your password on a regular basis using the 'Change Password' option in MyBonusBonds.

You agree to ensure all information provided to us in relation to MyBonusBonds and any bondholding that you have Operating Authority over is accurate.

Your Liability

You will not be liable for:

• Fraudulent or negligent conduct by our employees or agents;
• Faults that occur in the MyBonusBonds system or software, unless the faults are obvious or advised by message, alerts or notice on display; or
• Unauthorised instructions occurring before you (or any other persons who has Operating Authority over the bondholding) have been notified that your (or their) registration for MyBonusBonds has been activated.

You are liable for all the loss if you have acted fraudulently or negligently, either alone or together with any other person.

If you have not acted fraudulently or negligently you may still be liable for some or all of the loss from unauthorised instructions if you or any other person with Operating Authority over the bondholding have contributed to or caused that loss by, for example:

• Selecting an unsuitable password;
• Keeping a written record of their password, or disclosing any password to any other person;
• Failing to take all reasonable steps to prevent disclosure to any other person when keying in a password, or
• Unreasonable delay in notifying us of the actual or possible disclosure to any other person of your password or unauthorised use.

If you have promptly reported the actual or possible disclosure of your password to us, you are not liable for loss occurring after notification to us unless you have acted fraudulently or negligently.

If you let anyone else use your access number and password, you will be liable for any action taken on instructions received through MyBonusBonds by or with the consent of that person.

You agree to give us all available information as to the circumstances of any actual or possible password disclosure or unauthorised use of your access number and password. In addition, you agree to assist us to recover unauthorised amounts paid out in respect of a bondholding.

Your Indemnity to us

You agree to indemnify and hold us and ANZ harmless for any loss we or ANZ may incur or suffer as a result of:

• Any breach of these Conditions of Use by you or any other persons who has Operating Authority over the relevant bondholding; or
• Any security breach caused or permitted by you or any other persons who has Operating Authority over the relevant bondholding.

You acknowledge that any unauthorised reproduction by you of any proprietary information provided or available via MyBonusBonds may result in legal action being taken.

Security of MyBonusBonds

We will endeavour to ensure that MyBonusBonds is a secure system within which you can provide instructions for the payment of proceeds of Bonus Bonds under wind-up and retrieve and request changes to any bondholding that you have Operating Authority over. You acknowledge that MyBonusBonds require that your web browser supports 128-bit encryption.

Processing instructions

We may delay acting upon an instruction received through MyBonusBonds or may ask for further information before acting on any instruction at our complete discretion.

Purchasing Bonus Bonds

Any purchases made after 7pm on Tuesday 25 August 2020 (via automatic payment, bill payment, direct credit or through MyBonusBonds) were stopped and the money was returned to the purchase account.

Last prize draw

October 2020 was the last monthly prize draw.

Cashing in Bonus Bonds

From 9pm Saturday 31 October 2020, ANZ Investment Services (New Zealand) Ltd (ANZIS) stopped accepting new cash-in applications and announced the Bonus Bonds Scheme is in wind-up and will begin the process of returning funds to bondholders.

Valid redemption requests received prior to the wind-up announcement will be processed. Normally we pay within two business days if your request is made through MyBonusBonds. This timeframe may vary if we are experiencing higher than normal transaction volumes, although, unless we exercise our right to suspend or delay cash in requests, we must pay out within twenty-eight business days of receiving a request.

Helpdesk

We will provide a helpdesk to assist you in your use of MyBonusBonds. The helpdesk will generally be available 24 hours, 365 days a year (but we do not warrant or represent access will be available), except for necessary downtime to allow maintenance of the system. This service is provided on the understanding that neither we nor our employees will be liable for any direct or indirect loss suffered by you, resulting from your use of the helpdesk service unless that loss results from fraudulent or negligent conduct of our employees.

Withdrawal of Service

We may at any time withdraw or suspend your access to MyBonusBonds in our absolute discretion without prior notification to you and without being responsible for any loss which you may suffer as a result. We will suspend or withdraw your access to MyBonusBonds if:

• You or any other person who has Operating Authority over the relevant bondholding breach any of these Conditions of Use;
• We learn of death, bankruptcy or lack of legal capacity of you or any other person who has Operating Authority over the relevant bondholding; or
• You or any other person who has Operating Authority over the relevant bondholding have acted fraudulently.

You may at any time cancel your access to MyBonusBonds by contacting the MyBonusBonds helpdesk or visiting any ANZ Branch (New Zealand only).

Changes to MyBonusBonds and the Conditions of Use

We may at any time and without being responsible for any loss which you may suffer as a result modify, add, suspend or delete:

• Any features of the MyBonusBonds services; or
• Any of these Conditions of Use.

We will give you at least 14 days’ notice of any change to these Conditions of Use by either:

• Direct communications with you including email and MyBonusBonds log on messages;
• Display on bonusbonds.co.nz; or
• Media advertisements.

Any change is binding from the day we advise it takes effect. Any change in your liability for losses will be notified to you in writing and will be sent to your last known email address or your last known physical address at least 30 days before the change takes effect.

Fees and Charges

There are no fees or charges associated with your access to MyBonusBonds.

Use of Information

Your transactions and other personal information are held securely by ANZ.

Any personal information which is held by us will be used in accordance with the ANZ Privacy Statement.

Bondmail

Bondmail is a messaging service which allows you to send us, and receive back, messages within the MyBonusBonds environment.

Bondmail can be used to make enquiries about the bondholding you have Operating Authority over or Bonus Bonds generally. We expect to deal with a message within one Business Day of its receipt by either actioning it or contacting you if we need further details (but we do not warrant or represent these timeframes). However, if your request is urgent, you should contact the helpdesk on free phone number 0800 266 374.

These Conditions of Use apply to Bondmail. In addition:

• You are responsible for the accuracy and content of all information contained in your messages;
• To the extent permitted by law, neither we nor ANZ are liable for any loss or damage you or any other person may suffer arising from any act or omission by us in relation to your message.

Country of Residence

You can only activate your MyBonusBonds registration in person in New Zealand. Wind-up Account details input into MyBonusBonds are required to be a New Zealand bank account.