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OFX Apple Pay Terms and Conditions

These terms and conditions apply from 15 October 2024

1. These Terms

In these Terms, “OFX”, “we”, “us” or “our” mean OzForex Limited (ABN 65 092 375 703). “Client” refers to the legal entity that has registered as a Client with us.  “Additional Cardholder”means any employee or Authorised User who has been issued or permitted to use an OFX Card linked to the Client’s OFX Global Account in accordance with the OFX Card Agreement (Business).

These Terms apply to the use of the OFX Card on an eligible Apple Device by the Client and/or any Additional Cardholder (as applicable). The Client is responsible for the use of all OFX Cards connected to the Client’s OFX Global Account, including by all Additional Cardholders.

These Terms are in addition to the OFX General Terms and Conditions (Business), the OFX Card Agreement (Business) and any other agreement which the Client has entered into with OFX and which may apply to the use of the OFX Card, including any Additional Terms (together the “Client Card Terms”).  The Client must ensure that Additional Cardholders use OFX Cards in accordance with the Client’s obligations under the Client Card Terms.

Capitalised terms not defined in these Terms have the meanings set forth in the Client Card Terms.

The Client agrees to these Terms when an OFX Card linked to the Client’s OFX Global Account is added to an eligible Apple Device.

Each Additional Cardholder agrees to these Terms (to the extent they apply to Additional Cardholders) when the Additional Cardholder adds an OFX Card linked to the Client’s OFX Global Account for use in Apple Pay on the Additional Cardholder’s Apple Device.

2. Adding and Removing an OFX Card

a) A Cardholder can add an eligible OFX Card to Apple Pay on their eligible Apple Device provided that:

  1. the Client has an active OFX Global Account and the Client’s Business Account is not blocked, terminated or otherwise suspended; and
  2. we can verify the Client’s or relevant Additional Cardholder’s identity (as applicable); and
  3. the enrolment meets the criteria set out by Apple.

b) An OFX Card can be removed from Apple Pay at any time by the person who added it to Apple Pay on the applicable Apple Device.

c) We may remove or disable any OFX Card provisioned to Apple Pay at any time in accordance with our internal policies or rights to do so under the Client Card Terms, or where we have determined we have a reasonable basis to do so.

3. Using an OFX Card with Apple Pay

Once an OFX Card is added to Apple Pay, the Cardholder can use Apple Pay to make Payments and drawdown on the available Balance within the connected OFX Global Account where Apple Pay is supported by the applicable merchant. This is done by using the relevant Apple Device in place of a physical OFX Card at a contactless point-of-sale terminal or in an application on an Apple Device, or other online platforms. Some contactless terminals may require the PIN to be entered. Some Payments may also require the applicable Apple Device to be unlocked and or connected to the internet.

4. Security and your Liability

a) Any person who can unlock the Cardholder’s Apple Device may be able to make transactions using an OFX Card registered in Apple Pay.

b) If an OFX Card is registered for Apple Pay on any eligible Apple Device, the Client and Additional Cardholder must ensure that:

  1. where applicable, only the relevant Cardholder’s biometric identifier (including a fingerprint or facial detection) is registered on the Apple Device (and no other person’s biometric identifier is registered);
  2. any password of the Cardholder’s Apple Device is kept secret and secure, not easily guessed or deciphered (e.g. a date of birth), and not shared with any other person;
  3. the Cardholder’s Apple Device is not left unattended and is locked when not in use;
  4. any OFX Cards are unlinked/removed from the applicable Apple Device before disposing of it; and
  5. the Cardholder takes all other necessary steps to prevent unauthorised use of Apple Pay.

c) If any Cardholder fails to comply with any of the requirements in this clause 4, and as a result the OFX Card is used for a Payment by someone other than the Cardholder, the Client is taken to have authorised that Payment using the OFX Card within Apple Pay. This means that any Apple Pay transaction initiated by that other person in these circumstances will not be considered an unauthorised transaction under the OFX Card Agreement (Business). Note that this could result in significant loss to the Client, or liability incurred by the Client in relation to such Payment.

d) The Client cannot suspend the use of an Additional Cardholder’s OFX Card within Apple Pay, the Client can freeze and unfreeze an OFX Card by logging into its Business Account and actioning the freeze. Freezing a card will have immediate effect. The Client and Additional Cardholders acknowledge and agree that the Client has control over the freezing and unfreezing of an OFX Card via its Business Account. OFX is not liable for any loss or damage incurred by the freezing or unfreezing of an OFX Card.

e) The Cardholder should contact us immediately by calling 1300 300 524 (Local call) or +61 2 8667 8091 (International), or emailing business@ofx.com , if any of the following circumstances occur:

  1. An Apple Device is lost or stolen;
  2. If any Cardholder suspects a PIN, passcode or other security credentials have been used to access Apple Pay without authorisation;
  3. Unauthorised disconnection or interruption to mobile service on an Apple Device; and / or
  4. Any actual or suspected security breach in relation to any Apple Device which has an OFX Card added to Apple Pay.

f) We will suspend the applicable OFX Card following receipt of a notification under clause (e) above to help protect against unauthorised transactions. However, the Client will remain liable for any unauthorised transactions on an OFX Card where the Client and/or any Additional Cardholder has contributed to any loss by breaching any clause of these Terms, including but not limited to any delay in notifying us of a lost or stolen Apple Device. Please see the OFX Card Agreement (Business) for further provisions on the Client’s liability in relation to unauthorised transactions.

5. Fees and charges

The Cardholder is responsible for all third-party charges associated with the use of Apple Pay (such as carriage or mobile data charges). For information on all other applicable fees and charges related to  use of the OFX Card please refer to the Subscription Agreement and PDS at www.ofx.com.

6. Block, suspension and termination of OFX Cards in Apple Pay

a) The Cardholder can unlink or remove their OFX Card from Apple Pay at any time. The Client cannot remove or suspend the use of an Additional Cardholder’s OFX Card within Apple Pay, however it can control an Additional Cardholder’s use of an OFX Card connected to its OFX Global Account via its Business Account.

b) We may block, suspend or cancel an OFX Card in Apple Pay:

  1. if we reasonably suspect fraud or any other Illegal Activities;
  2. if the OFX Card is cancelled, blocked or suspended;
  3. if the Client or any Additional Cardholder breach these Terms or any other OFX terms and conditions;
  4. if we determine that such block, suspension or cancellation is required by applicable laws (such as anti-money laundering and counter-terrorism financing laws, or sanctions laws);
  5. if directed to so by Apple or by the applicable card network (for example, in circumstances of suspected fraud);
  6. if our arrangements with Apple regarding Apple Pay cease or are suspended;
  7. if reasonably necessary to protect our legitimate business interests; or
  8. if the Client or Additional Cardholder requests us to do so.

c) More circumstances in which an OFX Card may be blocked, suspended or terminated are set out in the OFX Card Agreement (Business).

7. Data Collection and privacy

a) We may collect and disclose information relating to the Cardholder’s Apple Device (including app version, device type and model, operating system and security information such as whether you have obtained root access) for the purposes and reasons set out in the OFX Privacy Policy.

b) Please refer to the OFX Privacy Policy for more information on how we handle Cardholder’s personal information.

c) Once an OFX Card is registered to the Cardholder’s Apple Device, Apple may access the Cardholder’s personal information regarding the use of that OFX Card through Apple Pay. Please see Apple’s privacy policy at www.apple.com/au/privacy.

8. Apple Pay provided by Apple

We are not responsible for the functionality or availability of Apple Pay, its compatibility with contactless terminals, or the availability of Apple’s third-party communications and network providers. OFX’s obligation to the Cardholder in relation to the functionality of Apple Pay is limited to securely supplying information to Apple in order to allow use of an eligible OFX Card through the Apple Pay service.

Each Cardholder will need to agree to Apple’s terms and conditions in order to use Apple Pay.

9. OFX’s liability

a) Without limiting the OFX General Terms and Conditions (Business) or the OFX Card Agreement (Business), we will not be liable for any loss arising from a Cardholder’s use of Apple Pay to the extent that the loss was caused by:

  1. a Cardholder’s fraud, negligence or intentional misuse of an OFX Card, an Apple Device or Apple Pay; or
  2. a Cardholder’s use of Apple Pay or the Apple Device in a manner that is not permitted by Apple (for example, by obtaining root access to the relevant Apple Device); or
  3. 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 to these Terms

We may change these Terms from time to time. Any changes will be made in accordance with OFX General Terms and Conditions (Business).

11. Trademarks

Apple, Apple Pay, Apple Wallet, iPhone, iPad and MacBook are trademarks of Apple Inc., registered in the U.S. and other countries.

12. Governing Law and Severability

The laws of New South Wales, Australia apply to these Terms and using the Apple Pay app, you agree to these terms and exclusive jurisdiction of New South Wales, Australia.

If any term under these Terms, whether in full or in part, is found to be illegal, invalid or unenforceable, under any law or enactment, it will no longer form part of these Terms. That will not affect the legality, validity or enforceability of the rest of these Terms which will otherwise remain in full force and effect.

13. Glossary

Additional Cardholder means any employee or Authorised User who has been permitted to use an OFX Card linked to the Client’s OFX Global Account in accordance with the OFX Card Agreement (Business).

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 OFX determines is eligible for the registration of OFX 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 cards or debit cards registered on such Apple Devices.

Cardholder means the Client and any Additional Cardholder.

OFX Card Agreement (Business) means the OFX Card Agreement (Business) available on the legal page of www.ofx.com.

OFX General Terms and Conditions (Business) means the OFX General Terms and Conditions (Business) available on the legal page of www.ofx.com.

Terms means these Apple Pay Terms and Conditions.