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APPLE PAY TERMS & CONDITIONS

Effective 23 October 2017

1. These terms

These terms apply in addition to the Conditions of Use associated with each ANZ Card, and the ANZ Electronic Banking Conditions, available at anz.co.nz or from any branch. Where inconsistent with the Conditions of Use or the ANZ Electronic Banking Conditions, these terms apply. It is important that you read these terms, the Conditions of Use, and the ANZ Electronic Banking Conditions together.

You must agree to, and comply with, Apple's terms and conditions in order to use Apple Pay.

2. Adding and removing an ANZ Card

You can add an ANZ Card to Apple Pay on your Apple Device and any Additional Cardholder can add an ANZ Card to the Additional Cardholder's Apple Device, provided that:

  • we can verify you or the Additional Cardholder's identity; and
  • the account is in good standing.

You can remove an ANZ Card linked to your card account from Apple Pay at any time and an Additional Cardholder can remove their ANZ card from Apple Pay at any time. Instructions on how to add an ANZ Card to Apple Pay, or remove one, are set out at www.anz.co.nz/ApplePay.

3. Using Apple Pay

Once an ANZ Card is added to Apple Pay, the cardholder can use Apple Pay to authorise transactions on that ANZ Card. This is done by using the relevant Apple Device in place of an ANZ Card at a contactless terminal or in an application on an Apple Device.

You need to use Biometric ID or the passcode for your Apple Device to activate Apple Pay.

You must nominate a card in Apple Pay to make contactless transactions. This will be your default card in Apple Pay. Transactions will be debited from the card account for your default card in Apple Pay unless you select a different card for that transaction.

In New Zealand, if the contactless transaction is over NZD $80, you may also need to enter your ANZ card PIN at the contactless terminal to authorise the payment. Some contactless terminals may require you to sign for transactions over NZD $80 and, if you are overseas, where the terminal does not recognise authorisation by means of Biometric ID. Apple Pay may work at some contactless terminals and ATMs overseas. The transaction limits at which a PIN is required may vary overseas.

4. Security requirements

You must ensure that:

  • no one else's Biometric ID is registered on your Apple Device
  • you only provision ANZ Cards for use with Apple Pay where you are the Cardholder or an Additional Cardholder
  • you only use Apple Pay on your own Apple Device, or an Apple Device you are authorised to use, for example, by your employer. You must not enable your ANZ Cards for use with Apple Pay on a shared Apple Device
  • no one else uses your Apple Device to make payments with Apple Pay
  • you take all possible care to keep your Apple Device passcode secure, and to stop other people from finding out your Apple Device passcode, including by:
    • choosing a passcode that's hard for other's to work out and different from your other PINs and passcodes
    • memorising your passcode and not writing it down
    • not telling others your passcode, including your family or anyone who appears to be in authority, people who claim to be ANZ staff, a merchant or the Police
    • using good judgment when using Apple Pay, and taking all reasonable care so that no one sees your passcode when you enter it
    • changing the passcode on your Apple Device regularly, and immediately if you think another person knows it
  • you protect the security of your Apple Device, including by:
    • taking steps to protect your Apple Device from unauthorised use. This includes regularly updating its operating system, keeping it secure and not left unattended, and locked when not in use
    • only installing applications on your Apple Device from either the Apple App Store or the Google Play Store
    • not doing anything fraudulent or malicious to your Apple Device such as reverse engineering or hacking into its software; overriding its hardware or software or enabling jail breaking
  • you remove any ANZ Cards from your Apple Device, before selling or giving your Apple Device to someone else
  • you follow the requirements in the Conditions of Use for the PIN on your ANZ Card.

You must call us immediately on 0800 658 044, or +64 9 522 3010 from overseas, if:

  • your Apple Device or the SIM card for your Apple Device are lost or stolen
  • someone else has used, or might have used, Apple Pay without your authority
  • someone else knows, or may know, the passcode on your Apple Device or your ANZ Card PIN
  • the telephone number for your Apple Device is transferred to someone else without your permission, and you are suddenly disconnected from the mobile service on your Apple Device. This may indicate you have been subject to mobile phone fraud
  • you suspect a security breach has occurred in relation to your Apple Device or Apple Pay.

Based on your report, we can suspend all use of your ANZ Card in Apple Pay, or remove your ANZ Card from Apple Pay, and we may also suspend use of your physical ANZ Card. This helps protect you as much as possible from additional loss or liability.

For more information and advice on how to protect yourself and your information when using electronic banking services see anz.co.nz/personal/ways-bank/protect-banking/ and the ANZ Electronic Banking Conditions of Use, available at www.anz.co.nz.

5. Responsibility for unauthorised use, other losses and damage

You accept that ANZ's authority to process instructions on your ANZ Card through Apple Pay comes from the transmission of a transaction using Apple Pay. You agree to that authority whether or not you have actually given authority for the instruction.

Any person who can unlock your Apple Device will be able to make transactions using an ANZ Card registered in Apple Pay.

If Apple Pay is enabled on your Apple Device, and another person can unlock your Apple Device, 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 will be authorised by you and you will be responsible for such transactions. The provisions in these terms and the Conditions of Use which deal with unauthorised transactions, will not apply to such transactions.

 

This could result in significant loss or liability to you in relation to such transactions.

We've explained in the table below what losses and costs you'll be responsible for if someone uses your ANZ Card without your authority:

Responsibility

What's happened

Your responsibility before you tell us

Your responsibility after you tell us

You've acted in a way we believe was fraudulent or negligent

You're responsible for all losses and costs

You're responsible for all losses and costs

We believe you contributed to the unauthorised use of your ANZ Card.

For example, you'll have contributed to the unauthorised use of your ANZ Card in Apple Pay if you breached these terms, such as not following the security requirements set out in section 4 above.

You're responsible for the lower of:

  • the loss existing when you told us
  • the maximum amount you were entitled to withdraw or access from your ANZ Card account between the time your ANZ Card was lost or stolen and the time you told us

No responsibility

You weren't fraudulent or negligent and didn't contribute to the unauthorised use of your ANZ Card

No responsibility

No responsibility

You promise to reimburse us for any amount we pay to our customers or third parties as damages or reimbursement for loss they suffer from your misuse of Apple Pay, or failure to stop unauthorised use of Apple Pay.

ANZ liability

You agree that, to the extent permitted by law, ANZ will not be liable for any direct or indirect loss or damage arising from your use of Apple Pay to the extent that:

  • the loss was caused by your fraud or negligence
  • we believe you've contributed to the loss. For example, you have breached these terms or used Apple Pay or your Apple Device in a manner not permitted by Apple, such as obtaining root access to your Apple device
  • the loss was caused by situations outside of our control, such as a malfunction of any equipment supporting Apple Pay.

You agree that, to the extent permitted by law, ANZ won't be responsible for any direct or indirect loss or damage:

  • to your Apple Device from any use or attempted use of Apple Pay
  • if you can't access or use Apple Pay
  • arising from the goods or services which you have purchased using Apple Pay
  • if any transaction fails or is declined when you use Apple Pay.

Apple Pay provided by Apple

Apple Pay and Apple Device are provided by Apple, not by ANZ. ANZ's 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 an ANZ Card through Apple Pay.

We are not otherwise liable for the use, functionality or availability of Apple Pay, any Apple Device, including the availability of compatible contactless readers at merchant locations, or a reduced level of service caused by the failure of third party communications and network providers.

6. Fees and charges

The Conditions of Use and the ANZ Fees and charges brochure, available at anz.co.nz or from any ANZ branch, describe the fees and charges which apply to each relevant account. Any fees and charges we charge for your physical ANZ Card and ANZ accounts will also apply if you use Apple Pay. ANZ does not charge you any additional fees for adding or using an ANZ Card with Apple Pay in New Zealand. You may be charged fees for using Apple Pay overseas. You are responsible for all third party charges associated with the use of Apple Pay (such as carriage or mobile data charges).

7. Availability of Apple Pay

If your physical ANZ Card is cancelled or blocked for any reason, including a temporary block, we will also cancel or block your wallet card in Apple Pay.

ANZ may delay, refuse to let you do a transaction, or suspend and cancel your ANZ Card in Apple Pay whether or not we do the same with your physical ANZ Card:

  • if you breach these terms or the Account Terms
  • if directed to do so by Apple or the relevant card scheme
  • if ANZ's arrangements with Apple regarding Apple Pay cease or are suspended
  • in any of the situations that ANZ may delay, refuse to let you do a transaction, or suspend and cancel your physical ANZ Card under the Conditions of Use. This includes:
    • if delaying, or refusing, the transaction will help prevent fraud, money laundering, or other crimes happening in New Zealand or overseas
    • if the transaction involves, directly or indirectly, certain countries, types of business, or people which New Zealand or overseas laws prevent you or us from dealing with, or which we're not prepared to do business with, for any reason
    • if we believe we'll suffer a loss if you continue to use your ANZ Card.

We can do this at any time and without letting you know first. We won't be responsible for any losses or costs you or anyone else incur because we've refused to complete any transaction in accordance with these terms and the Conditions of Use.

If we replace your physical ANZ Card for any reason, you may have to set it up again in Apple Pay.

Temporary service disruptions may occur.

8. Data collection and privacy

ANZ may collect information from Apple and from your Apple Device relating to your Apple Device (including phone number, device type and model, operating system and security information such as whether you have obtained root access):

  • to ensure that your ANZ Card properly functions in Apple Pay
  • for security purposes and to identify fraud
  • for ANZ to better provide assistance to you
  • unless you have opted-out, to tell you about other products or services that may be of interest to you, including through Apple Pay.

We also receive information from Apple when you add an ANZ Card to Apple Pay about your location if you have location services enabled on your Apple Device, and about your iTunes and App Store account activity, such as whether you have a long history of transactions within iTunes. We use this information to help determine whether to approve adding your ANZ Card to Apple Pay.

We may also exchange information with Apple and third party service providers we rely on to provide Apple Pay, including Visa Worldwide Pte. Limited, and mobile network operators. This includes:

  • giving Apple your ANZ Card transaction history for Apple to display in your Apple Wallet
  • information about persons involved in suspected security breaches or fraud.

The information we exchange with Apple and service providers can be used by them to:

  • enable the use of the ANZ Card with Apple Pay
  • improve Apple Pay and the user experience with Apple Pay generally
  • help prevent and detect security breaches and fraud.

If you do not want us to collect or disclose this information as described, you should not register an ANZ Card for use in Apple Pay. If you do not want to receive marketing information, phone us on 0800 269 296.

The Conditions of Use contain more general information about our collection and handling of your information.

Once an ANZ Card is registered to your Apple Device, Apple may access your personal information regarding the use of that ANZ Card through Apple Pay. Please see Apple's privacy policy at apple.com/privacy.

9. Changes to these terms

ANZ can change these terms and our fees at any time by giving you notice as described below. Such changes will not increase your liability for transactions already conducted using an ANZ Card in Apple Pay.

ANZ will let you know what's happening at least 14 days before we make any changes in any one of the following ways:

  • writing to you, sending you an email or calling you by telephone
  • posting messages in the electronic banking services
  • putting up information in our branches or on our website
  • advertising the changes, for example in newspapers, or on radio or television.

The current terms re available for you to view at anz.co.nz.

10. Communicating with you

Without limiting any other means of communicating with you under the Conditions of Use, you agree that ANZ may communicate with you by:

  • sending an SMS to your Apple Device
  • sending an email to the email address you have provided to us
  • writing to you at the address you have provided to us
  • sending a push notification to your Apple Device.

These communications may include a link to detailed information on our website.

11. 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. New Zealand law applies to these terms.

12. A glossary of the terms we use

In these terms:

Additional Cardholder means the holder, other than you, of an ANZ Card who is able to access your card account in accordance with the Credit Card Conditions of Use.

ANZ, we or us means ANZ Bank New Zealand Limited and its successors and assigns, and 'our' has a corresponding meaning.

ANZ Card means a personal ANZ Visa Credit card or an ANZ Visa debit card that ANZ has approved for use in Apple Pay, which is not expired, blocked, suspended or cancelled.

Apple means Apple, Inc. and/or its related bodies corporate and affiliates.

Apple Device means a device such an iPad, iPhone or an Apple Watch, manufactured by Apple, which ANZ and Apple determine is eligible for the registration of ANZ Cards to be used in Apple Pay.

Apple Pay means the mobile payment and digital wallet service created by Apple that lets users make payments using certain Apple Devices and credit cards or debit cards registered on such Apple Devices.

Biometric ID means identity verification using a person's unique physical and other traits, such as voice or facial recognition or fingerprint log-on using Touch ID fingerprint identity sensor.

Card Account means the account in the cardholder's name, which the cardholder and any joint cardholders or additional cardholders use to access the credit limit for the cardholder's ANZ Credit Card.

Conditions of Use means the ANZ Credit Card Conditions of Use for each ANZ Credit Card, and the ANZ EFTPOS card and ANZ Visa Debit Card Conditions of Use for each ANZ Visa Debit Card, registered on an Apple Device.

We or our means ANZ Bank New Zealand Limited.

You and your means the person or people named as the cardholder on the ANZ Card summary for the ANZ Card which has been added to Apple Pay. Where more than one person is the cardholder, 'you' means each person individually, and any two or more of those people.

13. Trademarks

Apple, Apple Pay and Touch ID are trademarks of Apple Inc. iPhone, iPad, iTunes and Apple Watch are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc.

© Copyright ANZ Bank New Zealand Limited.

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