Terms & Conditions
References to the "NZRT Terms" are to all terms and conditions applicable to the New Zealand Retirement Trust ("NZRT"), including the then current trust deed, and product disclosure statement (including applicable Member Booklet).
References to "you" and "your" are references to the Employer and/or each of its staff. Terms having a meaning in the NZRT Terms have the same meaning where used in the Employer Central Terms and Conditions.
We will use and disclose any personal information relating to you and/or your employees that is supplied to us on Employer Central in accordance with the Employer Central Terms and Conditions.
References to "AMP", "AMP Financial Services", "we, "us" and "our" are references to AMP Life Limited ABN 84 079 300 379 (incorporated in New South Wales, Australia), AMP Services (NZ) Limited, AMP Wealth Management New Zealand Limited (as the Manager and Issuer of NZRT) and any and all members of the AMP group of companies.
By accessing Employer Central, you agree to be bound by the Employer Central Terms and Conditions.
If you are a staff member of an Employer, you agree that you will only use Employer Central and use and disclose information (including Member membership, account, contract, policy or other personal information) accessed through Employer Central:
- in a manner consistent with the Employer's obligations under the NZRT Terms;
- in compliance with all privacy statements provided to the Member at the time that Member's personal information was collected; and
- in compliance with all relevant legislation, including the Privacy Act 1993.
You agree to treat all information about Members as commercially sensitive and strictly confidential.
You acknowledge that, subject to the NZRT Terms, AMP retains ownership of all Member information and records provided to you via Employer Central.
To the extent that there is any conflict between the Employer Central Terms and Conditions and the NZRT Terms, the NZRT Terms shall prevail.
AMP reserves the right to change the content of Employer Central (including product and investment information, in accordance with its obligations in respect of NZRT), and the Employer Central Terms and Conditions at any time without notice. Your continued use of Employer Central following any changes to the Employer Central Terms and Conditions indicates your acceptance of those changes.
The content on Employer Central, including tools and calculators, is for information purposes only and is provided to you to enable you to perform your obligations as a participating Employer. The information is of a general nature only and does not constitute personalised financial advice or other professional advice. To the extent that any content on Employer Central constitutes financial advice, it is class advice only.
AMP disclaims, to the fullest extent permitted by law, all liability or responsibility to anyone for any direct or indirect loss or damage that may result from the action or failure to act by anyone in reliance on the content of Employer Central or any errors or omissions on Employer Central, including reliance on information contained on Employer Central, reliance on the tools and calculators provided on Employer Central, or access to, or use of, or inability to use, Employer Central .
Whilst care has been taken to supply up to date and accurate information on Employer Central, AMP does not give any guarantee of the accuracy, correctness, adequacy or completeness of such information (including tools and calculators) or its suitability for your intended use. Any projections or predictions or calculations provided by the tools and calculators included on Employer Central are not guaranteed.
All forms of investment involve risk. None of AMP, The New Zealand Guardian Trust Company Limited as Supervisor of NZRT (âSupervisorâ), any related company or any director of them, or any other person guarantees the performance or obligations of the NZRT or Employer Central, gives any warranty of reliability or accuracy, or accepts any responsibility arising in any way from any error or omission. Past performance is not indicative of future performance and is not guaranteed by any party. Returns over different periods may differ. For further information about NZRT (including fees) or Employer Central, you should refer to the NZRT Terms or alternatively, contact us.
Where unit prices are shown, while reasonable efforts have been made to ensure the accuracy of unit price information, you should check the current unit price with AMP (by contacting us on 0800 800 267) before buying or selling units in NZRT or otherwise relying on unit price information. Please refer to the important notes shown on Employer Central regarding the use or display of unit prices.
User Acknowledgements and Indemnities
You agree to follow any instructions supplied to you in relation to the use of Employer Central and you agree not to use, or permit the use of Employer Central for any illegal or improper purpose. AMP is not liable for refusing to accept any instruction, or for good faith acceptance of any instruction believed on reasonable grounds to have been appropriately authorised (whether or not it was so authorised). This includes each instruction to credit an account of the Employer or credit any Member's or other NZRT account, each as specified in any "Payroll Upload" or similar via Employer Central. AMP's records relating to all instructions received and other matters appearing on Employer Central are conclusive. You agree that should you, or any other person claiming to be you, act fraudulently, AMP and its related companies are not liable for following those instructions.
You agree to:
- release, discharge, and indemnify AMP Life Limited, AMP Services (NZ) Limited, AMP,the Supervisor the underlying fund managers, any related company and each director of them (the 'Indemnified Parties') from and against all actions, claims and liabilities arising from or in relation to instructions that you or another person submit to us on Employer Central using your Employer Central log-in account (including instructions that result from any unauthorised or fraudulent use of your Employer Central log-in); and
- indemnify the Indemnified Parties for any loss incurred or damage suffered by the Indemnified Parties, or for any claim or action which may be brought against the Indemnified Parties by a Member, customer or third party, which is in any way the result of you or another person's use (including any unauthorised or fraudulent use) of Employer Central using your Employer Central log-in.
Access to and use of Employee Information
If you are a staff member of an Employer, you may be asked to provide us with personal information about yourself or another staff member of the Employer ('Staff Information') for the purposes of granting that staff member access to use Employer Central. You may also be provided with Staff Information of staff members who already have access to Employer Central. You agree that you will only modify any Staff Information via Employer Central or disclose any Staff Information in accordance with:
- the terms of any employment agreement between the relevant staff member and the Employer;
- any other terms or conditions to which the relevant staff member has consented in relation to the use and disclosure of that staff member's Staff Information; and
- the Privacy Act 1993.
Security and Unauthorised Access
While all reasonable care is taken by AMP to provide a secure website, AMP will not, under any circumstances, be held liable for any loss, damage or liability caused by any breach of security including unauthorised access to or use of Employer Central website. You acknowledge that you are aware of, and agree to accept, any risks associated with transmitting information via the Internet, including without limitation the possibility that third parties may gain access to information that is confidential.
You agree to take all reasonable steps to ensure that all information in relation to any passwords and security arrangements relating to your Employer Central account and your access to Employer Central are kept confidential to you and you will notify AMP immediately if you suspect any breach of such confidentiality. You must not keep a written or electronic record of your security details or disclose your password to anyone. Other staff members who are not authorised to access Employer Central or other persons should not be given access to your user name and password. Should you forget this information we will use appropriate procedures to authenticate you and then reset your password.
Information Supplied by You
You are responsible for and must take all reasonable care to ensure the information you supply to AMP is accurate. You must let AMP know as soon as possible if you observe any incorrect or inaccurate information.
The use of Employer Central and the Employer Central Terms and Conditions are governed by New Zealand law and are subject to the exclusive jurisdiction of the New Zealand courts.
The information on Employer Central has been prepared in accordance with New Zealand law for the supply of products and services in New Zealand only. Unless otherwise indicated, any products and services referred to on Employer Central are offered only to New Zealand residents living in New Zealand.
Suspension of Website
AMP does not guarantee the continued availability of Employer Central or the continuation of any services provided on it.
You acknowledge that AMP has the right to suspend operation of Employer Central at any time (including if, in the opinion of AMP, some threat is posed to any system or part of any system). You also acknowledge that AMP may suspend the operation of Employer Central at regular intervals for periodic maintenance and administration tasks.
While care has been taken to prevent the introduction of viruses on to Employer Central, AMP does not guarantee that Employer Central is free from viruses. You are responsible for protecting your own computer(s) and/or network from being affected by viruses, bugs, etc. whilst using Employer Central. AMP is not responsible if you are unable to access or use Employer Central due to any virus, bug, etc. nor for any loss or damage you may suffer as a result of a virus, bug, etc. affecting your computer(s) and/or network.
Third Party Content and Hyperlinks
Employer Central may contain material produced by third parties or links to other sites. AMP does not accept any responsibility or liability in relation to such third party content or for any information contained in any website accessed via a hypertext link from Employer Central or any other website that is linked to Employer Central. The content, accuracy and opinions expressed in such websites are not necessarily checked, monitored or endorsed by AMP.
AMP or its suppliers own copyright of the information, images, text, screens and web pages appearing on Employer Central. This includes, but is not limited to, all of Employer Central's content, code, look and feel, text, graphics, logos, button icons, images, audio and video clips and software. They are protected by New Zealand and international copyright law.
The information and materials appearing on Employer Central may not be copied, modified, published, reposted, reused or used to create a derivative work without the express written permission of AMP or the relevant supplier. For any copyright enquiries, please contact AMP.
Collection of your personal information on Employer Central
If you submit an online query form to us on the "contact us" page, you must provide certain personal details in order for AMP to process your query.
If you are a staff member of an Employer, we will have collected your personal details from the Employer to provide you with access to this website. The Employer can also use Employer Central to give us your updated personal details and help ensure the information we hold is accurate.
You acknowledge that you are responsible for the correctness and accuracy of the information you supply to us. Please also see the section "Information supplied by you" in the terms and conditions above.
Your personal information is collected and held by AMP Services (NZ) Limited, Level 21, AMP Centre, 29 Customs Street West, Auckland 1010. You can contact our Privacy Officer at AMP Services (NZ) Limited, PO Box 55, Auckland 1140.
When you use Employer Central, we also collect other information about your website use. This is described in the section on "Cookies and online collection of other information".
Consequences if personal information is not provided
If we request personal information from you, and you do not provide it, or the information you provide is not accurate, we may not be able to help you with your queries, act on your instructions or provide you with access to Employer Central.
Use and disclosure of your personal information
We collect, hold and use your personal information for the purposes of:
- contacting you to assist you with your queries;
- facilitating the mutual provision of services and performance of obligations under the NZRT Terms;
- providing the Employer Central website to you;
- maintaining relevant statistical records;
- providing you with information about other products and services offered, managed or distributed by members of the AMP group of companies;
- market research; and
- conducting credit control and debt collection activities (including logging overdue debts owed to AMP with credit reference agencies).
In certain circumstances, AMP may be obliged to disclose your personal information to a regulatory or governmental authority or court to the extent to which such disclosure is required to be made by applicable law or regulation, or court order, or under the rules of any regulatory body.
- use your personal information for the purposes set out above; and
- disclose your personal information to third parties (including but not limited to the Employer, the Supervisor or insurer of your Members' products (if any) or another intermediary or distributor) to the extent necessary for one or more of the purposes set out above, where otherwise required by law, or as otherwise authorised by you.
AMP will treat your personal information which we collect from you in the same way that we treat our other confidential information. Your personal information will only be disclosed to a third party in accordance with this section.
Access to and correction of your personal information
The Privacy Act 1993 gives you the right to access and correct the personal information that AMP or the Supervisor holds about you. We provide you with access to some of your personal information on Employer Central, and access to other personal information can be obtained on request.
If you are a staff member of an Employer, the Employer may change the details of your Staff Information by submitting a request using Employer Central. If you want to change the details of your Staff Information, please contact AMP. You cannot update your personal details on Employer Central.
To access or correct any personal information that AMP holds about you please contact us during normal working hours. We will permanently attach details of your request to your personal information if we are unable to make the change requested.
How AMP protects your information
When personal information is collected, we take reasonable steps to keep that information secure and to protect that information from loss, misuse, and unauthorised access, modification or disclosure. Access to information received in relation to you is subject to strict security arrangements to maintain the appropriate levels of confidentiality. Please note however that no data transmission over the Internet can be guaranteed to be completely secure. Consequently, to the extent permitted by law, we do not represent, warrant or guarantee that your personal information is protected against misuse, loss or alterations and have no liability in respect of the personal information submitted to us (including liability for accuracy, misuse or security) nor for your or third parties' use or misuse of personal information. You acknowledge that any information that you transmit to us over the Internet is provided at your own risk.
AMP maintains industry IT security standards and regularly updates its technology to provide protection for your personal and other information. All the information sent to AMP via Employer Central is secured with 128 bit encryption to protect your personal identifiable information on the Internet.
Cookies and online collection of other information
We automatically collect the name of your Internet Service Provider and IP address when you visit Employer Central , if this information is available to us and your session is logged. This information is used to audit the use of Employer Central and carry out on going improvements to website design and content.
Cookies must be enabled to use Employer Central . A cookie is a small data file stored on your computer by our website to give your computer a unique ID. It does not contain any personal information about you and it cannot be used to personally identify you. Cookies do not read your hard drive, nor can they be used to reveal new information about you. Cookies are widely used to help with navigation, help personalise your experience and prevent unauthorised access when you visit a website. If cookies are disabled, you will not be able to use Employer Central.
The Office of the Privacy Commissioner (http://www.privacy.org.nz) provides further details of the Privacy Act 1993 and how it protects personal information in New Zealand.
Unsolicited Electronic Messages Act 2007
The Unsolicited Electronic Messages Act 2007 aims to stop people sending you unsolicited electronic emails marketing or promoting goods and services. If AMP sends you emails about our products, services or promotions it is because we believe you have provided either express or inferred consent for us to send these emails. Of course AMP would like to continue to keep in contact with you, however, should you not want to receive these emails, please contact us.