About the Investup Mobile App: 

1. The App will be available on the Apple Store and Google Play. 

2. The Investup Mobile App will be rendered for Mobile use only, the App will not be available on Tablets, desktop version or mobile web version. 

3. This App is owned and operated by IJ. IJ may in its sole discretion choose to vary or modify these Terms & Conditions without notice to you. IJ will ask that you accept these new Terms & Conditions prior to accessing the App. Any subsequent access to or use by you of the App following the acceptance of the amended Terms & Conditions will constitute your acceptance of any amendments made by IJ to these Terms & Conditions. 

4. The App is an application that is available through both the App Store and Google Play allowing you to view information about IJ's investment products. These T&Cs and any other Terms and Conditions you have entered into with IJ in relation to your contract form a legal contractual relationship between IJ and you. If there are any inconsistencies between these T&Cs and any other Terms and Conditions between IJ and you, these T&Cs will prevail. 

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Copyright and Trademarks 

5. IJ is either the owner or licensed user of the copyright of the material in this App. You must not reproduce, adapt, upload, link, frame, broadcast, distribute or in any way transmit the material on this App without IJ's written consent, except to the extent necessary for you to view or print individual pages for your own personal use. a

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Transmission of Information 

6. IJ draws your attention to the fact that information transmitted via the Internet is susceptible to monitoring and interception. IJ notes that the App relies on the internet to transmit the information in the App. IJ will take all reasonable measures to ensure that the information and data held by the App is not monitored or intercepted however, you will bear all risk of transmitting information in this manner. IJ will not be liable for any loss, harm or damage suffered by you as a result of transmitting information to us or through the App. 

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General Terms 

7. To be eligible to use the App your mobile device must have access to either the App Store and/or Google Play, and must have the appropriate software required of the App Store or Google Play to download the App. 

8. To use the App you must ensure that you know the relevant passwords, including your PIN, for your account/contract. 

9. The App is subject to these T&Cs and any other agreements between IJ and you. To the extent there are inconsistencies between these T&Cs and the other agreements these T&Cs will prevail. 

If you do not agree to the T&Cs, you must cease using the App immediately. 

11. If an account/contract has an instruction requiring two signatories, the App may only be used in the event where both signatories can sign through the App to ensure payment is made. 

12. You acknowledge that if and when processing payments through the App you are authorising an IJ's member to process that transaction. Once the authorisation from you to the member has been confirmed this authorisation becomes irrevocable. You will not be able to cancel or revert the authorisation once it has been confirmed. You acknowledge that it is your responsibility to ensure that the correct data and information is inputted into the App when authorising/processing payments to be made through the App. Any failure to ensure that the correct data and information has be inputted, will be the sole responsibility of the you and you indemnify IJ in accordance with clause 25 of these T&Cs. 

If the App provides or promotes a product or service, there may be additional terms and conditions relating to that product or service. In the event you use or access the product or service, you acknowledge that you agree to the additional terms and conditions. 

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Functionality of the App 

14. The App's features may include: 

(1) Viewing information regarding IJ's products including, but not limited to: 

(i) Wholesale fund products; 

(ii) Retail fund products; 

(iii) Any other new or related products of IJ. 

(2) Accessing and viewing statements relating to IJ's products. 

(3) Accessing and viewing information related to IJ's products or similar products owned by IJ's competitors. 

(4) Subscription to IJ's products (payment processed via PAYID). 

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Australian Privacy Principles 

15. IJ will ensure all data and/or information collected through the App, by IJ, is dealt with in accordance with the Australian Privacy Principles as governed by the Act and the IJ Privacy Policy, a copy of which can be found on the IJ website (https://ijcapital.com.au/files/privacy%20_policy.pdf) 

Security of Information 

16. IJ will ensure that it regularly reviews recent developments in security and encryption technologies to ensure that the best form of security and encryption is provided within the App. IJ also acknowledges that any data that is transmitted over the internet cannot be guaranteed as totally secure. IJ will take all reasonable measures to ensure that the data and information that is inputted into the App is not subject to misuse, interference, loss or any unauthorised access, modification or disclosure to other parties. 

17. Once IJ no longer requires the data or information that you inputted into the App, IJ will, as permitted by law, take reasonable steps to destroy and/or de-identify any data or information that it no longer requires. 

 

Fees and Charges 

18. Using the App will not incur any additional fees charged by IJ. You may however incur fees and/or charges from your mobile service provider for downloading and using the App. Any such charges are your sole responsibility and any matters regarding these charges should be raised with your mobile service provider. You will continue to be liable for any fees and charges disclosed to you in your terms and conditions or contract/s with IJ. 

 

Biometric Authentication 

19. A user with an eligible mobile device may choose to permit biometric authentication to log on to the App using a Biometric Identifier registered on the user’s mobile device. A Biometric Identifier includes a fingerprint, facial data and any other means by which a mobile device manufacturer allows a user to authenticate their identity for the purposes of unlocking their mobile device. IJ will not collect or store this Biometric Identifier, it will be stored on your mobile device. 

Important: If you enable or use a Biometric Identifier to access the App, you must ensure that your Biometric Identifier is the only Biometric Identifier stored on your mobile device/s you choose to access the App. However if another person has stored their Biometric Identifier on the mobile device you choose to access the App and there is a breach of these terms and conditions, you acknowledge that that person will be able to access your accounts, including to view and conduct certain transactions on the App, if a breach occurs these transactions will be treated as having been authorised by you and conducted with your knowledge and consent for the purposes of the Electronic Banking Conditions of Use and any terms and conditions and/or agreements/contracts you have executed with IJ. 

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Multiple Device Registration 

20. You may choose to use the App on multiple mobile devices. To log into multiple mobile devices, you must use your relevant account/contract details, relevant passwords and/or any PIN associated with that account/contract. IJ suggests only using one mobile device to ensure security of your account. 

Note: IJ may impose limits, at its sole discretion, on the number of accounts/contracts you can have active at any one time, to ensure the security of the accounts/contracts are maintained. IJ will notify you once you have reached your limit of accounts/contracts for the App. 

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Multiple Profile Registration 

21. IJ acknowledges that some users of the App may have multiple accounts/contracts with IJ. You will be eligible to register each account/contract as a new account/contract within the App. Each account/contract will be its own individual account/contract and will not be linked to the other. It is important that when you register each new account/contract that you consider a different password and/or PIN for each of these accounts/contracts. 

Joint Account Holders using the Investup Mobile App 

22. Joint Account Holders of any accounts/contracts may both be granted access to the App, however, must ensure that they have different passwords and/or PINs for each of the accounts/contracts on the App. Each Joint Account Holder must ensure that they register for the App separately to maintain the security of the account/contract. 

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Obligations of the IJ Customer 

23. As a user of the App you agree to: 

(1) not leave your Mobile Device unattended and/or left logged into the App where others would have access; 

(2) ensure your mobile device is locked or take other reasonable steps necessary to stop unauthorised access to your mobile device and any unauthorised use of the App; 

(3) immediately notify IJ if your mobile device is lost or stolen, or if your mobile device service is suddenly disconnected without your permission and you believe your account/contract may be subject to unauthorised use or access; 

(4) not use the App for any purpose other than the purpose of what the App features include as outlined at clause 15 of these Terms and Conditions; 

(5) not act in a fraudulent or malicious manner regarding the App or any of the software of the App, including but not limited to, not copying, modifying, adversely effecting, reverse engineering, hacking into or inserting malicious code and/or viruses into the App; 

(6) ensure that only approved applications are downloaded on your mobile device which do not override any software lockdown on your mobile device; 

(7) ensure that all operating systems and security software for your mobile device are maintained and kept up to date when released by the relevant system/software or the system provider; 

(8) ensure no other person stores their Biometric Identifier or any associated data on your mobile device; 

(9) prior to disposing of your mobile device ensure the App has been deleted and any Biometric Identifier and/or saved passwords are removed from the mobile device and removed from the App (e.g. disable TouchID or FaceID); and 

(10) ensure all applicable laws are upheld whilst using the App. 

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Liability and Indemnity 

24. Without limiting any liability obligations of the party's outlined in any other agreement between the party's the below sets out the liability of each party: 

(1) To the maximum extent permitted by law, IJ will not be liable for any damage or loss resulting from your use of or inability to use this App, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, whether arising out of contract, statute, tort or otherwise, except to the extent that IJ's actions or negligence contributed to the damage or loss; 

(2) IJ will not be liable for any loss arising from your use of the App, including loss arising from any such security breach, if you have acted fraudulently, if you have installed other applications on your mobile device other than those available from the App Store and/or Google Play, or if you have caused or contributed to that loss, for example, by failing to comply with any of these Terms and Conditions or other applicable terms and conditions imposed on you by IJ; 

(3) You warrant that you voluntarily downloaded and installed the App. IJ will not be liable for any such loss or damage, including consequential loss, or consequences to you whatsoever that result from your decision to download and use the App, including in the event that the App fails to process any transaction request or delays in doing so, whether intentionally or unintentionally and you wholly indemnify IJ for any such loss or damage that may arise from your use of the App. 

(4) You acknowledge that any unauthorised reproduction by you of any proprietary information provided 

or available via the App or any portion of it may result in legal action being taken; and 

(5) You further warrant that the App is for the convenience of you as a Consumer of IJ and wholly indemnify IJ for any claims brought by third parties against you which resulted from your use of the App. 

25. Where there are inconsistencies between the above clause 25 and any other liability provisions in any other agreements between the parties the above clause 25 shall prevail to the extent of the inconsistency. 

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Customer Support 

26. IJ notes that its customer service team will not be responsible for any advice in relation to your mobile device and the ability of your mobile device to use the App. The IJ customer service team is solely there to troubleshoot any problems you may have with the App itself. 

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