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OFX Google 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 Android Device by the Client 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 Android 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 Google Pay on the Additional Cardholder’s Android Device.

2. Adding and Removing an OFX Card

a) A Cardholder can add an eligible OFX Card to Google Pay on their eligible Android 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 identity or the relevant Additional Cardholder’s identity (as applicable); and
  3. the enrolment meets the criteria set out by Google.

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

b) We may remove or disable any OFX Card provisioned to Google 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 Google Pay

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

b) Depending on the Android Device, carrier-specific software settings may override Google Pay settings so that the Cardholder may need to unlock the Android Device before the contactless terminal will allow them to initiate a transaction.

c) The Cardholder must have selected Google Pay as the default ‘tap and pay’ application on their Android Device’s settings to transact using Google Pay. The Cardholder must have their OFX Card selected as their default card within Google Pay in order for Google Pay to use the particular OFX Card when making a Payment. If Google Pay is the default ‘tap and pay’ application on the Cardholder’s Android Device’s settings, the Cardholder may only be able to pay using Google Pay despite another ‘tap and pay’ application being open at the time they tap their Android Device at the contactless terminal.

d) Google Pay 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 been connected to cellular or wireless internet for an extended period of time, there may be a delay before Google Pay is reconnected.

4. Security and Liability

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

b) If an OFX Card is registered f or Google Pay on any eligible Android Device, the Client and Additional Cardholder are responsible for ensuring that:

  1. where applicable, only the relevant Cardholder’s biometric identifier (including a fingerprint or facial detection) is registered on the Android Device (and no other person’s biometric identifier is registered);
  2. any password of the Cardholder’s Android 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 Android Device is not left unattended and is locked when not in use;
  4. any OFX Cards are unlinked/removed from the applicable Android Device before disposing of it; and
  5. the Cardholder takes all other necessary steps to prevent unauthorised use of Google 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 a Cardholder, the Client is taken to have authorised that Payment using the OFX Card within Google Pay. This means that any Google 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 Google 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 Cardholder 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 Android Device is lost or stolen;
  2. If any Cardholder suspects a PIN, passcode or other security credentials have been used to access Google Pay without authorisation;
  3. Unauthorised disconnection or interruption to mobile service on an Android Device; and / or
  4. Any actual or suspected security breach in relation to any Android Device which has an OFX Card added to Google 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 Android Device. Please see the OFX Card Agreement (Business) for further provisions on the Client’s liability in relation to unauthorised transactions.

g) It may be possible to make transactions using Google Pay after deleting or uninstalling the Google Pay application on an Android Device. If a Cardholder no longer wishes to use an OFX Card with Google Pay, the OFX Card should be removed from Google Pay prior to deleting or uninstalling it on the Android Device. Other ways to ensure that the OFX Card cannot be used with Google Pay on an Android Device include:

  1. Removing the Google account to which the OFX Card was added in Google Pay;
  2. Undertaking a factory reset of the Android Device;
  3. Erasing the Android Device on the Android Device Manager; and
  4. Removing the OFX Card from Google Pay where the Android Device has not connected to Google’s servers for at least 90 days.

5. Fees and charges

The Cardholder is responsible for all third-party charges associated with the use of Google Pay (such as carriage or mobile data charges). For information on all other applicable fees and charges related to your 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 Google Pay

The Cardholder can unlink or remove their OFX Card from Google Pay at any time. The Client cannot remove or suspend the use of an Additional Cardholder’s OFX Card within Google 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 Google 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 Google or by the applicable card network (for example, in circumstances of suspected fraud);
  6. if our arrangements with Google regarding Google 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 Android 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 to the Cardholder’s personal information.

c) Once an OFX Card is registered to the Cardholder’s Andriod Device, Google may access the Cardholder’s personal information regarding the use of that OFX Card through Google Pay. Please see Google’s privacy policy at https://policies.google.com/privacy.

8. Google Pay provided by Google

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

Each Cardholder will need to agree to Google’s terms of service in order to use Google 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 Google Pay to the extent that the loss was caused by:

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

Android and Google Pay are trademarks of Google LLC.

12. Governing Law and Severability

The laws of New South Wales, Australia apply to these Terms and using the Google 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 issued or permitted to use an OFX Card linked to the Client’s OFX Global Account in accordance with the OFX Card Agreement (Business).

Android Device means a device such as a phone, tablet or smartwatch which uses the Android operating system, and on which OFX determines is eligible for the registration of OFX Cards to be used in Google Pay.

Cardholder means the Client and any Additional Cardholder.

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 make payments using certain Android Devices and cards registered on such Android Devices.

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 Google Pay Terms and Conditions.