Google Pay (Australia) -Terms and conditions.

1 Introduction

These Novatti Google Pay Terms and Conditions together with the Prepaid Card Terms and Conditions and associated Product Disclosure Statement govern your use of your Visa Prepaid Card (‘Card’) with the Google Pay. It’s important you read this document carefully.

Your Card is issued by the Novatti Group ABN 98 606 556 183 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 the Google Pay app on your eligible Android Device; or
• allowing an additional Cardholder to add a Novatti Card linked to your card account to the Google Pay app on their Android Device.

These terms apply in addition to your Visa Prepaid Card Terms associated with each Card. It is important that you read these terms and the Product Disclosure Statement together.

3 Adding/Removing your Card on Google Pay
You can add your Card to the Google Pay app on your eligible Android Device and the additional Cardholder can add the Card to their eligible Android Device, provided that:

• we have verified the relevant Cardholder’s identity;
• each Cardholder has agreed to the Card being added to the Google Pay app on the relevant Cardholder’s eligible Android Device;
• if the Card is a Novatti Corporate Card, the Principal has agreed to the Card being added to the Google Pay app on the relevant Cardholder’s eligible Android Device; and
• the balance of your card account is in good standing.

Cardholders can remove the Card linked to their account from the Google Pay app on the Cardholder’s Android Device at any time.

Instructions to unlink your card are available on the Google Pay website and the Wallet App.

4 Using your linked Card with Google Pay

Once the Card is added to the Google Pay app, the Cardholder can use the Google Pay app to authorise transactions on an account. This is done by using the relevant Android Device in place of the Card at a contactless terminal for in-person transactions or by using the Card to pay using the Google Pay app in an application on an Android Device. Depending on the value of the transaction, transactions in applications may require the Android Device to be unlocked prior to making the transaction, and contactless terminals may require:

• the Cardholder to verify their identity (e.g., by entering the Card PIN); or
• the Cardholder to have unlocked the phone at a point prior to attempting a transaction; or
• the Cardholder to awaken the Android Device (for some Android Devices, carrier specific software settings may override the Google Pay app settings so that you may need to unlock the Android Device prior to attempting a transaction).

You must have selected Google Pay as the default ‘tap and pay’ application on your Android Device’s settings to make transactions on your account with the Google Pay app. You must have your Card selected as your default card within the Google Pay app in order for the Google Pay app to use the Card in making a transaction. If the Google Pay app is the default ‘tap and pay’ application on your Android Device’s settings, you may only be able to transact using the Google Pay app despite another ‘tap and pay’ application being open at the time you tap your Android Device at the contactless terminal. The Google Pay app may not work when the Android Device is not within range of a cellular or wireless internet connection and if the Android Device has not had a cellular or wireless internet connection for an extended period of time there may be a delay in time before the Google Pay app works once reconnected.

5 Security and Liability
Any person who has access to your Android Device may be able to make transactions using your Card registered in the Google Pay app. If a Cardholder’s Card linked to your account is registered for the Google Pay app on any eligible Android Device, you are responsible for ensuring that:

• where applicable, only the Cardholder’s biometric identifier (including, but not limited to, a fingerprint) is registered on the Android Device (and no other person’s biometric identifier is registered);
• the Google Pay wallet is not shared with anyone and is used only by the Cardholder;
• each Cardholder keeps the passcode for the Cardholder’s Android Device secure in the same way as a Cardholder would a banking password or PIN secure, including by:
  • not sharing it with anyone,
  • not carrying a record of it within an Android Device or with anything capable of being stolen along with an Android Device
    (unless a reasonable effort is made to protect the security of it);
  • not choosing an easily guessable passcode such as the Cardholder’s date of birth or a recognisable part of the Cardholder’s name; and
  • not acting with extreme carelessness in failing to protect the security of the passcode.
• the Cardholder keeps the Android 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);
• the Cardholder removes any Cards from the Cardholder’s Android Device before disposing of the Android Device;
• the Cardholder does not leave the Android Device unattended; and
• the Cardholder takes all other necessary steps to prevent unauthorised use of the Google Pay app.

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 the Google Pay app.

This means that any Google Pay transaction initiated by that person in these circumstances will be authorised by you. This could result in significant loss or liability in relation to such transactions.

Where applicable, if another person’s biometric identifier is registered on your Android Device or the Android Device of Another Cardholder you must ensure that it is removed. If you or Another Cardholder think any other person knows the passcode for the Android Device, you must ensure that the passcode is changed by you or Another Cardholder, as applicable. At any time, a Cardholder can delete or suspend their Card from the Google Pay app. You cannot suspend the use of Another Cardholder’s Card in the Google Pay app, 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 Android Device on which your Card has been added to Google Pay is lost or stolen;
• the mobile service of any Android Device on which your Card has been added to Google Pay is suddenly disconnected without your permission (which may indicate the occurrence of mobile phone porting); or
• you or Another Cardholder suspect a security breach in relation to any Android Device on which your Card has been added to the Google Pay app or that an unauthorised person has used the passcode for an Android Device, Card PIN or your other credentials to access the Google Pay app.

Based on your report, we will suspend use of your Card with the Google Pay app. 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 Android 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 the Google Pay app.

It may be possible to make transactions using the Google Pay app with your Android Device after deleting/uninstalling the Google Pay app on your Android Device. As a result, if you no longer wish to use your Card with the Google Pay app, you should remove the Card from the Google Pay app prior to deleting/uninstalling the Google Pay application on your Android Device. Other ways you can ensure that your Card cannot be used with the Google Pay app on your Android Device include:

• removing the Google account to which the Card was added in the Google Pay app;
• undertaking a factory reset of your Android Device; or
• erasing your Android Device on Android Device Manager.

Your Card may also be removed from the Google Pay app where your Android Device has not connected to Google’s servers for at least 90 days.

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

7 Suspension and Termination of the use of Google Pay

We may block, suspend or terminate your Card in the Google Pay app:

• 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 Google or by the applicable card network (for example, in circumstances of suspected fraud);
• if Novatti’s arrangements with Google regarding the Google Pay app 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 the Google Pay app) are set out in the Card Terms and Conditions.

8 Data Collection and Privacy
We may collect information relating to your Android 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 the Google Pay app;
• 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 Google and service providers:

• to enable the use of your Card with the Google Pay app and to improve the Google Pay app 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 in the Google Pay app.
Once your Card is registered to your Android Device, Google may access your personal information regarding the use of the Card through the Google Pay app. Please see Google’s privacy policy at www.google.com.au/intl/en/policies/privacyx

9 Google Pay
Google Pay is provided by Google, not by Novatti nor any of its Related Bodies Corporate.

Our obligation to you in relation to the functionality of Google Pay is limited to securely supplying information to Google in order to allow the use of your Card through the Google Pay app.

We are not otherwise liable for the use, functionality or availability of Google Pay, any Android 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 Google’s terms and conditions in order to use the Google Pay app.

10 Our Liability

Novatti and its Related Bodies Corporate will not be liable for any loss arising from your use of the Google Pay app to the extent the loss was caused by:

• your fraud; or
• your use of the Google Pay app or the Android Device in a manner not permitted by Google (for example, by obtaining root access to your Android 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).

11 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:
  • immediately restore or maintain the security of a system or individual facility;
  • avoid or reduce a material increase in our credit risk or loss; or
  • 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 each State and Territory of Australia.

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/googlepay

12 Communications

Without limiting any other means of communicating with you under the Card Terms and Conditions, we may communicate with you by sending an SMS to your Android 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.

13 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 Victoria, Australia and you and Novatti agree to submit to the exclusive jurisdiction of the courts of that State.

13 Trademarks

Google and Google Pay are trademarks of Google LLC.

14 Definitions

‘additional Card holder’ means a person nominated by you and to whom we have issued a Card to operate the card account.

‘Android Device’ means a device such as a smartphone, tablet or smartwatch using an Android operating system, which we determine is eligible for the registration of your Card to be used in the Google Pay app.

‘Corporate Principal’ means, in respect of a Novatti Corporate Card, the holder of the Novatti Corporate Card facility account.

‘Google’ means Google Asia Pacific Pte. Ltd. ABN 54 341 015 381 and/or its related bodies corporate and affiliates.

‘Google Pay’ means the mobile payment and digital wallet service created by Google that lets users transact using certain Android Devices and credit, debit or prepaid cards registered on such Android Devices.

‘Novatti Corporate Card’ means a Novatti prepaid card which allows a Cardholder to transact on a Corporate Principal’s corporate card facility account.

‘passcode’ means anything required to unlock an Android 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 the Novatti Group ABN 98 606 556 183 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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