Samsung Pay (Australia) -Terms and conditions.

1 Introduction

These Novatti Samsung 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 Samsung 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 Samsung Pay app on your eligible Samsung Device; or
• allowing and additional Cardholder to add a Novatti Card linked to your card account to the Samsung Pay app on their Samsung 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 Samsung Pay
You can add your Card to the Samsung Pay app on your eligible Samsung Device and the additional Cardholder can add the Card to their eligible Samsung Device, provided that:

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

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

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

4 Using your linked Card with Samsung Pay

Once the Card is added to the Samsung Pay app, the Cardholder can use Samsung Pay to authorise transactions on an account. This is done by using the relevant Samsung Device in place of the Card at a contactless terminal for in person transactions or by using the Card to pay using the Samsung Pay.

To authorise a Samsung Pay transaction at a contactless terminal the Cardholder will be required to initiate Samsung Pay on their Samsung Device (e.g., by opening the Samsung Pay application) and verify the Cardholder’s identity before presenting the Samsung Device at the contactless payment terminal.

Depending on the value of the transaction, contactless terminals may require the Cardholder to enter the Card PIN.

Your Card must be displayed in Samsung Pay on your Samsung Device at the time you present the Samsung Device at the contactless terminal in order for Samsung Pay to use the Card in making a transaction.

If you have another wallet selected as the default ‘tap and pay’ application on your Samsung Device, you may need to select Samsung Pay as the default ‘tap and pay’ application on your Samsung Device’s settings to make transactions on your account with Samsung Pay. If Samsung Pay is the default ‘tap and pay’ application on your Samsung Device’s settings, you may only be able to transact using Samsung Pay despite another ‘tap and pay’ application being open at the time you tap your Samsung Device at the contactless terminal.

Samsung Pay may not work when the Samsung Device is not within range of a cellular or wireless internet connection and if the Samsung Device has not had a cellular or wireless internet connection for an extended period of time there may be a delay in time before Samsung Pay works once reconnected.

5 Security and Liability
Any person who has access to your Samsung Device may be able to make transactions using your Card registered in Samsung Pay. If a Cardholder’s Card linked to your account is registered for the Samsung Pay app on any eligible Samsung 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 Samsung Device (and no other person’s biometric identifier is registered);
• the Samsung Pay wallet is not shared with anyone and is used only by the Cardholder;
• each Cardholder keeps the passcode for the Cardholder’s Samsung Device and, where applicable, the Samsung Pay PIN secure in the same
  • not sharing it with anyone,
  • not carrying a record of it within an Samsung Device or with anything capable of being stolen along with an Samsung Device (unless a reasonable effort is made to protect the security of it);
  • not choosing an easily guessable passcode and Samsung PIN 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 and Samsung Pay PIN.
• the Cardholder keeps the Samsung 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 Samsung Device before disposing of the Samsung Device;
• the Cardholder does not leave the Samsung Device unattended; and
• the Cardholder takes all other necessary steps to prevent unauthorised use of the Samsung 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 Samsung Pay app.

This means that any Samsung 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 Samsung Device or the Samsung 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 Samsung Device or the Samsung Pay PIN, you must ensure that the passcode and/or PIN are changed by you or Another Cardholder, as applicable. At any time, a Cardholder can delete or suspend their Card from Samsung Pay. You cannot suspend the use of Another Cardholder’s Card in Samsung 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 Samsung Device on which your Card has been added to Samsung Pay is lost or stolen;
• the mobile service of any Samsung Device on which your Card has been added to Samsung 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 Samsung Device on which your Card has been added to Samsung Pay or that an unauthorised person has used the passcode for a Samsung Device, Samsung PIN, Card PIN or your other credentials to access the Samsung Pay.

Based on your report, we will suspend use of your Card with the Samsung 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 Samsung 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 Samsung Pay.

If a Cardholder no longer wishes to use the Card with Samsung Pay on a particular Samsung Device, the Cardholder can delete the Card from Samsung Pay on that Samsung Device.

If a Cardholder no longer wishes the Card to be used with Samsung Pay on any Samsung Device that card has been added to, they should ensure the Card is deleted from Samsung Pay on each Samsung Device the Card has been added to.

If a Cardholder wants to ensure all cards (including the Novatti Card) added to Samsung Pay on a Samsung Device cannot be used with Samsung Pay on that Samsung Device, they can also:

• uninstall the Samsung Pay app from that Samsung Device;
• undertake a factory reset of the Samsung Device; or
• reset the Samsung Device or wipe Samsung Pay using Find My Mobile.

6 Fees and Charges
We do not impose any additional fees and charges for registering and using your Card with Samsung Pay. You are responsible for all third-party charges associated with the use of Samsung Pay (such as carriage or mobile data charges).

7 Suspension and Termination of the use of Samsung Pay

We may block, suspend, or terminate your Card in Samsung 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 Samsung or by the applicable card network (for example, in circumstances of suspected fraud);
• if Novatti’s arrangements with Samsung regarding the Samsung 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 Samsung Pay) are set out in the Card Terms and Conditions.

8 Data Collection and Privacy
We may collect information relating to your Samsung 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 Samsung 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 Samsung and service providers:

• to enable the use of your Card with Samsung Pay and to improve Samsung Pay generally; and
• to detect and address 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 Samsung Pay.

Once your Card is registered to your Samsung Device, Samsung may access your personal information regarding the use of the Card through Samsung Pay. Please see Samsung ‘s privacy policy at https://www.samsung.com/au/info/privacy/.

9 Samsung Pay
Samsung Pay and Samsung Devices are provided by Samsung, not by Novatti nor any of its Related Bodies Corporate.

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

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

10 Our Liability

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

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

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 Samsung 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

Samsung and Samsung Pay are trademarks or registered trademarks of Samsung Electronics Co., Ltd.

14 Definitions

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

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

‘passcode’ means anything required to unlock a Samsung 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.

‘Samsung’ is a trademark of and means Samsung Electronics Co. Ltd. and includes its related bodies corporate and affiliates

‘Samsung Device’ means a device such as a smartphone, tablet or smartwatch using a Samsung operating system, which Novatti determines is eligible for the registration of Novatti Cards to be used in Samsung Pay.

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

‘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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