Contract Forcing Agreement of Third Party Contracts

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Frog

Member
14 May 2024
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Hi,

Macquarie bank T&Cs require me to use 'enhanced security measures'. The only way to do this is by using the Macquarie Authenticator app. In order to download and use the app, I have to accept the Google Play Store T&Cs.

Is Macquarie in their right to force the other party (me) to agree to the Google Play Store T&Cs on the basis that Macquarie has created a situation in which I must agree to the Google T&Cs to fulfil my obligation to Macquarie?

Thanks in advance.
 

Tim W

Lawyer
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28 April 2014
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...fulfil my obligation to Macquarie?
What obligation is that?
And, what's your problem with the Play Store T&Cs?
 

Frog

Member
14 May 2024
3
0
1
Obligation - to use enhanced security measures, ie. the Macquarie Authenticator app.
My issue with the Google Play T&Cs is with regards to their use of my personal data. I have started to take my privacy and security very seriously and do not feel I can agree to Google's T&Cs any more. (I understand this viewpoint may appear odd)

I am posting here more to learn if there is a legal precedent which restricts one party from 'snookering' the other party into doing something which they do not want to do. On the face of Macquarie's contract, it looks fair. But, it seems like they have engineered a situation which forces me to take on unnecessary burden (Google Play T&Cs).
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
5,025
829
2,894
Sydney
I am posting here more to learn if there is a legal precedent which restricts one party from 'snookering' the other party into doing something which they do not want to do. On the face of Macquarie's contract, it looks fair. But, it seems like they have engineered a situation which forces me to take on unnecessary burden (Google Play T&Cs).
Not of the kind you think you want, no.

Also, I'm not clear on how you think
that you are obliged (in the legal sense, of having a duty)
to use the Macquarie banking app at all.
You can always use only a computer if you want.

Can you not just create a Google account with fictional persona,
purely for the purpose of installing the app on your (presumably...) phone?
 

Frog

Member
14 May 2024
3
0
1
Also, I'm not clear on how you think
that you are obliged (in the legal sense, of having a duty)
to use the Macquarie banking app at all.
You can always use only a computer if you want.
I should have explained better. The Macquarie Authenticator app is used to generate those one time security pins. It is different from the bank app. Even if I were to use my computer, I would need the Authenticator app to generate a security pin in order to process a transaction.

Can you not just create a Google account with fictional persona,
purely for the purpose of installing the app on your (presumably...) phone?
I cannot use fictional data because the Google Play Store app automatically records and reports data from my phone (eg. location, IMEI, SIM card details, etc.) which cannot be faked.