1. Introducing the Navigate App

Welcome to the Navigate 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 can only be used by Group employees, secondees, approved contractors and third party suppliers who are issued with a LAN ID by the Group (Group Personnel). If you are not a member of the Group Personnel, you must cease using and uninstall this App.    

This App is designed for compatible smart phones (Device), and is the primary method of entry to Group commercial premises.

Group Personnel can install and register this App on more than one Device, whether issued by the Group (Group Device) or owned by the individual (Individual 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 Group Device or Individual 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 on your Individual Device 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 login to this App using your Group Personnel LAN ID and password. You will also be required to set a PIN for use in accessing this App. We may reject the use of any email address or password or PIN for any reason in our sole discretion.

You must keep your login details, password and PIN for the App confidential in accordance with the Group Conduct Policy (which is available here), and not disclose them to any person, or authorise or permit any other person to use the App using your login details, password or PIN, including other Group Personnel. You must not use another person’s email address, identity or contact details when creating your login details.

You must promptly notify us by contacting the Service Desk on 1800 694 873 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 password or PIN for the App. 

We are under no obligation to monitor any transmissions made or content submitted or (where applicable) published using the App. However, we have the right to monitor, edit, disclose, delete and (where applicable) refuse to transmit or post any such transmissions and content. 

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 access, transmit, publish or communicate material which: 
i is false, inaccurate, defamatory, offensive, inflammatory, obscene, unsuitable for minors, abusive, indecent, threatening, or otherwise unlawful; 
ii is xenophobic, racist, abusive, harassing or hateful; or
iii is invasive of a person’s privacy or constitutes personal abuse directed at other users. 
(c) to obtain unauthorised access to (or damage, disrupt or interfere with the operation of) any computer, system, application, network or service;
(d) to transmit, publish or communicate bulk or unsolicited messages; 
(e) in any way that may bring negative exposure or harm to us, our suppliers or other users of the App; or
(f) 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 viewed by clicking here, and any other applicable Group policies including, but not limited to the Group Commercial Asset and Car Space Access Procedure (which is available here) and Group Locker Procedure (which is available here). 

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) in-building location data;  
(e) error logs; 
(f) country and city based on IP address lookups; 

and information related to:

(g) visitors registered;
(h) reported property faults;
(i) unlocking your locker;
(j) coupons;
(k) notifications and messages;
(l) booking a workspace (where the functionality is available for a Group commercial building);
(m) finding a colleague; and
(n) finding a space (meeting room).

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. Notifications 

Certain functionality on this App may require you to elect to allow distribution of alerts from the Group which may be via a push notification service. Alerts will be sent to any Device on which you have installed and registered this App with notifications enabled. This may include where you have paired your Device to a smart watch. Alerts could be seen by others (including unauthorised persons) who use or access your Device or who are able to see your smart watch. Please check the notifications settings on all your devices to ensure the privacy and alerts settings are appropriate for your use.

Alerts may include:

(a) alerts when new versions or upgrades are available; and
(b) alerts which relate to functionality and policy directly supported by the App.

All alerts will be sent to you and managed in accordance with the Group's Privacy Policy. The Group reserves the right to suspend or discontinue its alerts services at any time without notice. 

12. Other things you should know 

12.1 Monitoring, Location Awareness and Surveillance 

If you grant this App permission, we may:

(a) 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; and 
(b) collect and log your real-time location information whilst you are in a location aware Group commercial premises for security purposes and to enable other App functionality where real-time location is required. The App will not retain any of your past logged real-time location information. The App only logs your real-time location information to conduct real-time workplace surveillance when you are in the range of a location aware Group commercial premises.

The Group is committed to protecting its customers, people and information. To assist with this, we monitor the use of Group technology (including this App). Group Personnel are expected to conduct themselves and use the App in a responsible and authorised way. 

The Group uses real-time workplace surveillance to monitor the App within Group commercial premises. Real-time workplace surveillance includes the use of electronic devices capable of being used to establish or monitor the real-time location of a person or the status of an object. Such devices include the Device on which this App is installed. The Group may use real-time workplace surveillance for any reason it considers appropriate from time to time including: 

(a) to determine whether you are using the App for an unacceptable purpose or you are accessing locations you are not authorised to access; and  
(b) to use location information obtained within the Group commercial premises that are “location awareness” enabled buildings, to provide anonymised data on how spaces are being utilised. 

Further information on the Group's workplace surveillance can be found in the Group Conduct Policy which is accessible here.

You acknowledge and agree that the Group will commence the real-time workplace surveillance mentioned in the above paragraphs immediately upon your use of the App. If you do not agree to this, you must cease using and uninstall the App immediately.

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. 

12.2 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/or 
(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.

12.3 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 internal Group communication. 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. 

12.4 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.  

12.5 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.  

12.6 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.  

12.7 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.

12.8 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. 

12.9 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.  

13. Contact 

If you have any questions or comments relating to this App or these Terms of Use please do not hesitate to contact the Service Desk on 1800 694 873.