Apple Pay (New Zealand) -terms and conditions.

1 Introduction

These Novatti Apple Pay Terms and Conditions together with the Debit Card Terms and Conditions and associated Product Disclosure Statement govern your use of your Visa Debit Card (‘Card’) with the Apple Pay. It’s important you read this document carefully.
Your Card is issued by Flexewallet (NZ) Limited NZBN 9429046405883 and its Related Bodies Corporate under AFSL 448066 (‘Issuer’). The Issuer can be contacted at Level 3, 461 Bourke Street, Melbourne, VIC 3000, and phone 03 9013 0066. In these terms and conditions any reference to ‘we’ or ‘us’ is a reference to the Issuer; ‘you’ are the Card purchaser/user of the Card.

2 Acceptance of Terms
You agree to these terms by:
* adding your Card for use in Apple Pay on your eligible Apple Device; or
* allowing an additional Cardholder to add a Novatti Card linked to your card account to Apple Pay on their Apple Device.
These terms apply in addition to your Visa Debit Card Terms associated with each Card. It is important that you read these terms along with the Product Disclosure Statement together.

3 Adding/Removing your Card on Apple Pay
You can add your Card to Apple Pay on your eligible Apple Device and the additional Cardholder can add the Card to their eligible Apple Device, provided that:
* we have verified the relevant Cardholder’s identity;
* each Cardholder has agreed to the Card being added to Apple Pay on the relevant Cardholder’s eligible Apple Device;
* if the Card is a Novatti Corporate Card, the Principal has agreed to the Card being added to Apple Pay on the relevant Cardholder’s eligible Apple Device; and
* the balance of your card account is in good standing.
Cardholders can remove the Card linked to their account from Apple Pay on the Cardholder’s Apple Device at any time.
Instructions to unlink your card are available on the Apple Pay website and through your Apple Device.
Once your Card is added to Apple Pay, the Cardholder can use Apple Pay to authorise transactions on an account. This is done by using the relevant Apple Device in place of the Novatti Card at a contactless terminal or in an application on an Apple Device. Some contactless terminals may require the Cardholder to enter the Card PIN.

4 Security and Liability
Any person who can unlock your Apple Device may be able to make transactions using the Card registered in Apple Pay.
If a Cardholder’s Card linked to your card account is registered for Apple Pay on any eligible Apple Device, you are responsible for ensuring that:
* only the Cardholder’s biometric identifier (and no other person’s biometric identifier is registered);
* the Apple Pay wallet is not shared with anyone and is used only by the Cardholder;
* each Cardholder keeps the passcode for the Cardholder’s Apple Device secure in the same way as a Cardholder would a banking password or PIN secure, including by:
o not sharing it with anyone,
o not carrying a record of it within an Apple Device or with anything capable of being stolen along with an Apple Device (unless a reasonable effort is made to protect the security of it);
o not choosing an easily guessable passcode such as the Cardholder’s date of birth or a recognisable part of the Cardholder’s name; and
o not acting with extreme carelessness in failing to protect the security of the passcode.
* the Cardholder keeps the Apple Device safe and secure (including by locking it when not in use or when it is unattended and by installing up-to-date anti-virus software on it); and
* the Cardholder removes the Card from the Cardholder’s Apple Device before disposing of the Apple Device.
If a Cardholder fails to comply with any of the requirements in this section 5, you are taken to have authorised that person to transact on your account using Apple Pay.
This means that any Apple Pay transaction initiated by that person using the Biometric Identifier, biometric information or passcode w will be authorised by you. This could result in significant loss or liability in relation to such transactions.
If another person’s Biometric Identifier is registered on your Apple Device or the Apple Device of and Additional Cardholder you must ensure that it is removed. If you or the additional Cardholder think any other person knows the passcode for the Apple Device, you must ensure that the passcode is changed by you or the additional Cardholder, as applicable. If a Cardholder becomes aware that another person is or may be able to access the Apple Device using their biometric information, the Cardholder must use a passcode instead of a Biometric Identifier to initiate transactions using their Card on Apple Pay and must remove their Biometric Identifier from the Apple Device.
At any time, a Cardholder can delete or suspend their Card from Apple Pay. You cannot suspend the use of an additional Cardholder’s Card in Apple Pay, but you can suspend or close the Card of an additional Cardholder by calling the designated number you can find at the back of your card (24 hours a day) or reach out to us by using the ‘Contact Us’ section in the mobile application or web browser.

Please call us immediately if:
* any Apple Device on which a Novatti Card linked to your card account has been added to Apple Pay is lost or stolen;
* the mobile service of any Apple Device on which a Novatti Card linked to your card account has been added to Apple Pay is suddenly disconnected without your permission (which may indicate the occurrence of mobile phone porting); or
* you or an additional Cardholder suspect a security breach in relation to any Apple Device on which a Novatti Card linked to your card account has been added to Apple Pay, or that an unauthorised person has used the passcode, Card PIN or other credentials to access Apple Pay.
Based on your report, we will suspend use of your Card with Apple Pay. This helps protect you as much as possible from additional loss or liability. If you have contributed to the loss by unreasonably delaying reporting to us the loss or theft of your Apple Device or the unauthorised use of your account details, you may be liable for transactions for which you did not give authority incurred before the report is received by us.
Generally, subject to protections under the Law, you are liable for unauthorised transactions conducted using Apple Pay.

5 Fees and Charges
We do not impose any additional fees and charges for registering and using your Card with Apple Pay. However, you will need to pay any third-party fees and charges associated with downloading, registering and using Apple Pay on a supported device (including carriage or mobile data charges).

6 Suspension and Termination of the use of Apple Pay
We may block, suspend or terminate your Card in Apple Pay:
* if we reasonably suspect fraud;
* if your Card is cancelled, blocked or suspended;
* if you are in breach of these terms;
* if required by applicable laws (such as anti-money laundering and counter terrorism financing laws, or sanctions laws);
* if directed to so by Apple or by the applicable card network (for example, in circumstances of suspected fraud);
* if Novatti’s arrangements with Apple regarding Apple Pay cease or are suspended; or
* for any other reason.
More circumstances in which electronic access may be removed in relation to your Card (including through Apple Pay) are set out in the Card Terms and Conditions.

7 Data Collection and Privacy
We may collect information relating to your Apple Device (including app version, device type and model, operating system and security information such as whether you have obtained root access):
* to ensure that your Card properly functions in Apple Pay;
* for security purposes and to identify fraud;
* for Novatti to better provide assistance to you; and
* to tell you about other products or services that may be of interest to you. We may also exchange information with Apple and service providers:
* to enable the use of your Card with Apple Pay and to improve Apple Pay generally; and
* about persons involved in suspected security breaches or fraud.
If you do not want us to collect or disclose this information as described, you should not register your Card for use with Apple Pay.
Once your Card is registered to your Apple Device, Apple may access your personal information regarding the use of that Card through Apple Pay. Please see Apple’s privacy policy at www.apple.com/au/privacy.

8 Apple Pay
Apple Pay and Apple Pay Devices are provided by Apple, not by Novatti nor any of its Related Bodies Corporate.
Our obligation to you in relation to the functionality of Apple Pay is limited to securely supplying information to Apple in order to allow the use of the Novatti Card through Apple Pay.
We are not otherwise liable for the use, functionality or availability of Apple Pay, any Apple Device, the availability of compatible contactless terminals, or a reduced level of service caused by the failure of third party communications and network providers.
You will need to agree to Apple’s terms and conditions in order to use Apple Pay.

9 Our Liability
Novatti and its Related Bodies Corporate will not be liable for any loss arising from your use of Apple Pay to the extent the loss was caused by:
* your fraud; or
* your use of Apple Pay or the Apple Device in a manner not permitted by Apple (for example, by obtaining root access to your Apple Device); or
* a reduced level of service caused by matters beyond our reasonable control (for example, those caused by third-party software and network providers).

10 Changes and Modifications
We can change these terms by giving you notice as described below.
If we reasonably consider a change is unfavourable to you, we will give you prior notice of at least 30 days.
We may give you a shorter notice period, which may include notice on the day the change takes effect, if we reasonably consider:
* the change has a neutral effect on your obligations;
* the change reduces your obligations; or
* providing a shorter notice period is necessary for us to:
o immediately restore or maintain the security of a system or individual facility;
o avoid or reduce a material increase in our credit risk or loss; or
o comply with legal or regulatory requirements.
You agree that we may give you notice of the change by any notification method allowed by these terms including by letter or by electronic means as set out in Section 12 below or by advertisement in a national newspaper or in two or more major metropolitan newspapers that in combination circulate generally in New Zealand.
Despite this clause, we will always give you notice in accordance with any applicable laws or industry, or any other terms and conditions applicable to your Card, which require any minimum notice periods or specific methods of notification.
The current terms will always be available for you to view at www.novatti.com/applepay

11 Communications
Without limiting any other means of communicating with you under the Card Terms and Conditions and associated Product Disclosure Statement, we may communicate with you by sending an SMS to your Apple Device, an email to the email address you have provided to us or by writing to you at the address you have provided to us. The SMS or notice may include a link to detailed information on our website.

12 Severability and Governing Law
If any provision or part of a provision of these terms is illegal, invalid or unenforceable, it will be severed from these terms and the remaining provisions (or parts of provisions) will continue in full force and effect.
These terms are governed by the law of New Zealand and you and Novatti agree to submit to the exclusive jurisdiction of the courts of that country.

13 Trademarks
Apple and Apple Pay are trademarks of Apple Inc.

14 Definitions
‘additional Cardholder’ means a person nominated by you and to whom we have issued a Card to operate the card account.
‘Apple’ means Apple Pty Limited ABN 46 002 510 054 and/or its related bodies corporate and affiliates.
‘Apple Device’ means a device such as an iPad, iPhone or Apple Watch, manufactured by Apple, which Novatti determines is eligible for the registration of Novatti Cards to be used in Apple Pay.
‘Apple Pay’ means the mobile payment and digital wallet service created by Apple that lets users transact using certain Apple Devices and credit, debit cards or prepaid cards registered on such Apple Devices.
‘Biometric Identifier’ includes fingerprint, faceprint or similar biometric identifier.
‘Corporate Principal’ means, in respect of a Novatti Corporate Card, the holder of the Novatti Corporate Card facility account.
‘Novatti Corporate Card’ means a Novatti debit card which allows a Cardholder to transact on a Corporate Principal’s corporate card facility account.
‘passcode’ means anything required to unlock an iOS Device, including a password, passcode, pattern or biometric identifier (where applicable).
‘Related Bodies Corporate’ means a related corporation for the purposes of the Corporations Act or the Companies Act.
“security credentials” means any personal identification number, password, biometric identifier or other measure used to ensure the security of your supported device.
“we”, “us”, “our”, or “Novatti” means Flexewallet (NZ) Limited NZBN 9429046405883 and its Related Bodies Corporate.
“you” or “your” means the holder of the Card (and each of you if there is more than one Card holder) which is loaded onto the supported device.

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