Terms and conditions

1. Introduction and overview

   1. These program terms and conditions (the Terms) apply to the AIA Apollo program (the Program) operated by AIA Services New Zealand Limited (AIA).
   2. The Program operates at an individual adviser (Adviser) level, rather than adviser group (Adviser Group) level, to support and educate Advisers and ensure good customer outcomes are achieved..
   3. The Terms may be amended or varied by AIA from time to time in accordance with clause 5.2. By submitting new business to AIA, each Adviser agrees to be bound by the Terms.
   4. If you hold an agency agreement with AIA (or are subject to an agency agreement from your principal), you will automatically gain access to the AIA Apollo program.

2. Participation in the program

   1. An Adviser can participate in the Program provided that:
      1. their participation is subject at all times to these Terms;
      2. they are authorised to sell AIA products under a current Financial Adviser Agreement with AIA. This may include an agreement between AIA and the Adviser, the Adviser's company, or the Adviser Group of which the Adviser is a member;
      3. they have an individual agency code or codes that identify and relate solely to the Adviser, under which they sell or service AIA products;
      4. they comply with AIA policies at all times, including AIA's good conduct framework or any similar policies as notified to Advisers from time to time; and
      5. they have not had their participation in the Program suspended or terminated under these Terms
   2. Participation in the Program does not alter Advisers' obligations to prioritise the interests of their clients and at all times focus on good customer outcomes. Advisers are also responsible for meeting any reporting and disclosure requirements in relation to their participation in the Program and their receipt of services (Services).

3. Administration of the Program

   1. AIA will be responsible for administering the Program and providing Services to Advisers. AIA will advise Advisers of key information in relation to the Program and inform them of any applicable Terms. Services include access to AIAHub, use of AIA Vitality marketing tools and the ability to obtain partner procurement offers.

4. Program Services

   1. To obtain a Service, an Adviser must follow the instructions and comply with any relevant criteria set out in any notification provided to the Adviser by AIA from time to time, and ensure that they obtain all Services within any relevant service period.
   2. Special conditions may also apply in relation to any Service, and all Services supplied by a third party will be subject to the supplier's terms and conditions. The Adviser is responsible for complying with any terms and conditions imposed by any supplier. AIA will endeavour to notify Advisers of any unusual or onerous terms and conditions applying to any Service.
   3. AIA is not responsible for replacing Services including vouchers or tickets that are lost or stolen after they have been issued or sent to the Adviser.
   4. AIA relies on third party suppliers to provide certain Services. Such Services are offered subject to availability and the suppliers' capacity to deliver them. If a supplier is unable or unwilling to supply a Service on terms acceptable to AIA, AIA may offer a substitute Service.
   5. Once a Service has been obtained by an Adviser, AIA does not represent or warrant that the Adviser will be able to subsequently cancel that Service and/or substitute it for a different Service. Where AIA receives any warranties from Suppliers in relation to goods and services provided as a Service, AIA will use its reasonable endeavours to pass on the benefit of such warranties to each Adviser who uses that Service.
   6. AIA makes no warranties or representations either express or implied with respect to type, quality, standard, fitness or suitability for any purpose, in respect of any and all Services provided by third party suppliers. Complaints or other issues related to such Services should first be directed to the supplier. If any supplier refuses to provide an Adviser with a particular Service or refuses to address a complaint or issue, the Adviser should contact AIA for assistance. AIA will use its reasonable endeavours to assist the Adviser in resolving that complaint or issue. Suppliers do not have any authority, express or implied, to make any representation, warranty or statement on behalf of AIA.
   7. Except for any Services provided in the form of vouchers or tickets to Advisers, Services have no cash or monetary value and cannot be redeemed for cash or exchanged for any other consideration. Services may not be transferred or assigned on the death or bankruptcy of an Adviser or otherwise.

5. Legal stuff

   1. AIA may, at its sole discretion, terminate or suspend any Adviser's participation in the Program and/or require any Adviser to forfeit any entitlement to Services by notice in writing to the Adviser where:
      1. the Adviser fails to comply with these Terms;
      2. the Adviser or their Adviser Group has committed a breach of the FAA, or the Adviser or their Adviser Group is under investigation or has had their agency suspended due to an actual or suspected breach of that FAA;
      3. the FAA which covers the Adviser is terminated for any reason whatsoever;
      4. the Adviser dies or is adjudicated bankrupt;
      5. the Adviser commits fraud or is reasonably suspected of operating fraudulently;
      6. the Adviser acts fraudulently or dishonestly in relation to the redemption of Services within the Program;
      7. if prior to 15 March 2021 the Adviser is a nominated representative of AIA's QFE, the Adviser fails to comply with any of its obligations under the QFE Addendum or to take any remedial action required by AIA in connection with its membership of AIA's QFE; or if on/after 15 March 2021 the Adviser is engaged by the AIA FAP and fails to comply with any of its obligations under the FAP Addendum or to take any remedial action required by AIA in connection with its engagement by the AIA FAP
      8. the Adviser fails to maintain any accreditation by AIA to sell Products which AIA considers reasonably necessary for the Adviser's participation in the Program;
      9. when an Adviser is the subject of a complaint by a customer, AIA has conducted an investigation and decided whether the complaint should be upheld and three complaints are upheld against an Adviser within 12 months; or
      10. the Adviser fails to comply with any AIA policy or any reasonable instruction from AIA.
   2. The Terms may be changed at any time by AIA. Any such changes will be notified in writing to Advisers. Notwithstanding the foregoing, any changes to Services will take effect at the end of the current year unless the changes are in response to any legal or taxation requirement or other matter outside AIA's reasonable control, in which case the changes will come into effect upon the expiry of a reasonable time period determined at AIA's sole discretion.
   3. AIA may suspend or terminate the Program by giving the Adviser notice in writing of its decision to do so. In this situation, any unused Services must be obtained within the time specified on such notice (which will be no less than 10 working days from the date of the notice) or forfeited. AIA, and any third party supplier will not be liable to Advisers for Services which are not used by the specified date. Unless the termination of the Program is required in response to any legal or taxation requirement or other matter outside AIA's reasonable control, the termination will take effect 10 working days after notification is provided.
   4. By participating in the Program, Advisers acknowledge that all intellectual property relating to the Program and any associated materials, resources and processes (Intellectual Property), is the property of AIA, and their respective licensors and suppliers. Advisers may use such Intellectual Property solely to the extent necessary to enable them to participate in the Program.
   5. 5. AIA collects information relating to each Adviser, including the Services used by each Adviser (Adviser Information) so that AIA can administer the Program and provide or perform services relating to the Program. For the purposes of the Privacy Act 2020, the following is noted:
      1. Adviser Information is collected and held by AIA at 74 Taharoto Road, Takapuna, Auckland. AIA also uses third party data storage providers, which includes related companies and cloud-based data storage providers (both in New Zealand and overseas);
      2. AIA may disclose any or all of the Adviser Information to third party suppliers solely for administrative, promotional, research, business support and marketing purposes directly related to the Program;
      3. AIA is entitled to request and receive any information provided by Advisers to any third party supplier in connection with the provision of any Service solely for administrative, promotional, research, business support and marketing purposes directly related to the Program, along with copies of all reports, findings and recommendations issued by the third party supplier to the Adviser in relation to such matters, and the Adviser authorises such suppliers to disclose the same to AIA;
      4. AIA may use Adviser Information to inform Advisers of products and services relating to the Program or other AIA products and services;
      5. Each Adviser has the right to access and correct all personal information of that Adviser which is held by AIA; and
      6. All Adviser Information will otherwise be held in accordance with clause 6 below and AIA's privacy statement, which can be viewed on our website or obtained from AIA by request.
   6. AIA will transmit all notices and correspondence to the most recent address provided by the Adviser and will not be liable for any lost or misdirected notices or correspondence.
   7. To the extent permitted by law, AIA and their respective employees and agents will not be liable for any claims, damages, injuries, costs and expenses (including liability for tax or other government charges, and for death, injury or any consequential loss) suffered, sustained or incurred in connection with the Program, any Service received by an Adviser or any Adviser's use of any Service.
   8. All questions or disputes regarding eligibility for the Program, the redemption of Services or any other matter related to an Adviser's participation in the Program should be addressed to AIA for resolution.

6. AIA Apollo privacy terms

   1. 1. AIA's privacy policy outlines how we collect, use, disclose and protect personal information, in accordance with the Privacy Act 2020. Please take the time to read our privacy policy. Below is a general overview of your rights and our obligations in terms of the personal information we collect from you in connection with the Program.
   2. We collect information from you, such as the Services used so that we can administer the Program and provide or perform services related to it.
   3. We may collect further information from you from time to time in order to provide you with additional services or Services related to the Program.
   4. The information we collect will be used for the above purposes. It may also be used to ensure that the services and Services you receive are meeting your needs and are improved where necessary, to identify and tell you about other products or services that we think may be of interest to you, or as otherwise specified in the privacy policy.
   5. We will take reasonable steps to protect your personal information from misuse, loss or unauthorised access, modification or disclosure. Where information is held by our third party data storage providers or overseas, we contractually require those providers to ensure that appropriate information handling and security arrangements are in place.
   6. We will retain your personal information until it is no longer needed for the Program, for other purposes connected to your relationship with AIA and/, or to meet any other relevant legislative requirements.
   7. We will share your personal information with third parties where necessary in order to provide you with relevant services and Services related to the Program, or where otherwise required or permitted by law.
   8. You have the right to access and correct any personal information held by AIA in accordance with the rights provided for under the Privacy Act 2020.
   9. We may update our privacy policy from time to time to reflect changes in business practice, legislation, and products or services offered. The latest version will always be available via our website.