1. Introducing the Smart Entry App

Welcome to the Smart Entry App (App).

These Terms and Conditions (Terms of Use) apply to your use of the App.

This App is owned and operated by the Commonwealth Bank of Australia ABN 48 123 123 124 and its Related Bodies Corporate from time to time (Group, we, us, our). This App is intended to be used by visitors to the Group (External Visitor). If you are a Group employee, secondee, approved contractor or third party supplier who has been issued with a LAN ID by the Group, then you should download the Navigate App. If you are not an External Visitor, you must cease using and uninstall this App.

This App is designed for compatible smart phones (Device), and as we progressively upgrade Group

commercial offices to accept ‘smartphone based building entry’, it will become the primary method of entry to those premises.

External Visitors can install and register this App on more than one Device. However, only one Device can be used for building access at any one time.

The Group may limit or withdraw access to this App or any feature on this App at any time including for security reasons or to perform maintenance. Should this occur you acknowledge that your personal settings and other saved data may be lost, and the Group is not responsible for any such loss. 

By using this App you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use you must cease using and uninstall this App immediately.  

For the purposes of this clause 1, Related Body Corporate has the meaning given to that term in the Corporations Act 2001 (Cth).

2. Licence

Subject to these Terms of Use, the Group grants you a personal, non-exclusive, non-transferable, limited and revocable license to use this App for Group business purposes on your Device. You must not (and must not attempt to): 

(a) except as permitted by the licence set out above, use or copy any part of the App without our prior written consent; 

(b) distribute, translate, modify or tamper with any part of the App;

(c) create derivative works of or from any part of the App;

(d) sell, rent, lease, sub-license, assign, exchange or otherwise transfer your rights under these Terms of Use; or

(e) permit or assist any person to engage in any act described in paragraphs (a) to (d) above.

3. Intellectual Property

All copyright and other intellectual property rights in the App (including all registered and unregistered trade-marks appearing on the App) are owned by us or our licensors. By using this App you agree that you do not have any right, title or interest in or to any proprietary rights relating to the information contained in this App. 

4. Accessing and using this App

You are responsible for all internet access, data download and other network charges arising from your use of the App and you acknowledge and agree that we have no responsibility or liability for those charges. 

You are responsible for the operation and maintenance of your Device and for ensuring that the App is accessible from your Device. This includes a responsibility to ensure the installation of a compatible operating system for the operation and use of the App on your Device.

You must set up a login to this App using a PIN chosen by you. We may reject the use of any PIN for any reason in our sole discretion.

You must keep your PIN for the App confidential, and not disclose it to any person, or authorise or permit any other person to use the App using your PIN, including other External Visitors. You must not use another person’s identity or contact details when creating your login details.

You must promptly notify us by email to Navigate@cba.com.au if: 

(a) there is any change to any of the contact or other details you register with us; or

(b) you have reason to believe that another person is aware of your PIN for the App. 

5. Your obligations   

You must not use (or attempt to use) the App:

(a) for any unlawful or dishonest activity, or any activity prohibited by these Terms of Use;

(b) to obtain unauthorised access to (or damage, disrupt or interfere with the operation of) any computer, system, application, network or service;

(c) in any way that may bring negative exposure or harm to us, our suppliers or other users of the App; or

(d) in any way that may cause us, our suppliers or other users of the App to incur liability to a third party.

We may ask you to cease any conduct which we believe is contrary to your obligations under these Terms of Use, and you must immediately comply with any such request. We may immediately terminate and block your access to the App or the services provided by the App for any reason, in our absolute discretion.

6. Compliance with Group policies 

You must follow the Group Conduct Policy when using the App, which can be provided upon request, and any other applicable Group policies as provided by the Group. 

7. Performance of the App

We will use reasonable endeavours to make the App available at all times. However, the availability of the App depends on various third party suppliers of both you and us, and accordingly, we do not warrant or guarantee that: 

(a) you will be able to use the App at any time; or 

(b) your use of the App will be continuous, uninterrupted, secure or error-free. 

You acknowledge and agree that the App may not be available for use from time to time, and that you may be disconnected from your use of the App 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 these Terms of Use; or

(d) we decide to terminate your access to those services for any reason.

We make no guarantee as to the reliability or performance of the App. The performance of the App depends on various factors, including the functions, capacity and configuration of your Device, the speed of your internet connection, and the number of users accessing the App and the systems that support it.

8. Your information 

The Group collects and stores information when you download, install, register or login to use this App. The Group may disclose that information to its contractors, suppliers and agents to assist in maintaining this App. The Group's collection and use of your personal information is governed by the App's Privacy Notice (which can be viewed by clicking here) and the Group's Privacy Policy (which can be viewed by clicking here).  

When using the App, we will collect information about the Device and specific usage information, which may include: 

(a) Device manufacturer and model;

(b) hardware capabilities;

(c) operating system; 

(d) identifier and App version information;

(e) unique push notification identifier;

(f) unique application identifier; and

(g) carrier. 

When using the App, we will collect information about specific usage and analytics, which may include:

(a) application state, events and usage statistics;

(b) reader interaction logs (including reader identifiers and technical reader information);

(c) GPS data, in conjunction with presenting at a mobile ID reader;

(d) error logs; and

(e) country and city based on IP address lookups.

9. Security 

To use the App and its features as intended, you must:

(a) enable the App to use cookies; and 

(b) grant it any other permissions and access to your Device that it requires from time to time.

If you do not grant these permissions and this access, you may be unable to use the App or some of its features.

The App uses the internet to provide services and information. By using the 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 Device.

We do not warrant or guarantee the security of the App. You are solely responsible for the security of your Device (including any data stored on that Device) and for using appropriate and up-to-date software on your Device to detect and manage the threat posed by viruses and other harmful code.

10. Confidentiality

If you access any Confidential Information using the App, you must:

(a) keep such Confidential Information confidential;

(b) use such Confidential Information only in accordance with the Terms of Use; and

(c) not disclose such Confidential Information to any person (other than a director, officer, employee or partner of the Group, who is obliged to keep that information confidential).

The obligations in paragraphs (a) to (c) above will continue to apply even if your access to the App is disabled, terminated, suspended or withdrawn.

For the purposes of this clause 10, Confidential Information means: 

(a) the information obtained through the App; and 

(b) the identity of any user of the App,

except in each case for information which is in, or which enters, the public domain otherwise than as a consequence of a breach of these Terms of Use.

11. Other things you should know 

11.1 Location Awareness 

If you grant this App permission, we may collect and log your Device's GPS data for the sole purpose of allowing entry into or exit from Group commercial premises. This data may be retained by the Group for statistical purposes. The use of location services enhances the user experience and performance of certain App features. Should you choose not to use the location services, you may experience a lesser user experience. 

11.2 Suspension or termination 

We may suspend or terminate your use of this App without notice at any time in our sole discretion. If requested by us, you must immediately: 

(a) cease use of the App; and 

(b) destroy, expunge, disable or restrict access to any information from the App that you have printed or downloaded, and any information derived or generated from that information.

11.3 Amendments to these Terms of Use 

We may amend these Terms of Use at any time, without providing notice to you, by posting an updated version of the Terms of Use on the App. You should regularly check these Terms of Use for any amendments. We will notify you of any material changes by electronic notice to you via your Device or the App Store. If these Terms of Use are amended, you must comply with the updated Terms of Use. Your continued use of this App after any such variation or modification will be taken to be an acceptance of such variation or modification. However, we may also require you to confirm your acceptance of changes to continue using this App. If you do not agree to the updated Terms of Use, you must immediately cease using the App. 

11.4 Severability  

If any provision or part of any provision of these Terms of Use is deemed invalid, this will not affect the validity of the remaining provisions or the remaining part of the affected provision of these Terms of Use, which will remain in full force and effect.  

11.5 Waiver  

A failure by the Group to assert any right under these Terms of Use will not constitute a waiver of that right nor will any such failure be taken to be a further or continuing waiver of that term.  

11.6 Assignment  

You cannot assign or otherwise transfer any of your rights granted under these Terms of Use without the prior written consent of the Group. The Group can assign or otherwise transfer any of its rights under these Terms of Use at any time.  

11.7 Third party websites

The App may contain links to third party websites over which we have no control. Those links are provided for your convenience only, and we are not responsible for their use, effect or content. We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on those websites, nor do we endorse any information, opinions, goods or services referred to on them. Any links to third party sites appearing in this App are provided for your convenience only. Your access of third party sites using these links is done at your own risk.

11.8 Applicable law  

These Terms of Use are governed by, and will be construed according to, the laws of the State of New South Wales.  

By using this App you irrevocably submit to the jurisdiction of the courts of the State of New South Wales and the courts competent to determine appeals from those courts, with respect to any proceedings which may be brought at any time relating in any way to these Terms of Use. 

11.9 Acknowledgement and compliance 

This App is not provided by any other third party provider. Accordingly, any queries or complaints regarding this App (including but not limited to issues regarding intellectual property) should be directed to us. You also acknowledge the application of Australian anti-money laundering and counter terrorism financing and anti-bribery and corruption regulations, and agree that you are not in a location that is subject to a government embargo/sanctions.  

12. Contact 

If you have any questions or comments relating to this App or these Terms of Use please do not hesitate to contact the Group as follows: 

Navigate@cba.com.au