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OFX Apple Pay Terms and Conditions

These OFX Apple Pay Terms and Conditions (“Terms”) apply from 26 March 2025.

1. These Terms

In these Terms, “OFX” “we” “us” or “our” mean CanadianForex Limited doing business as OFX.. 

“You” and/or “your” refers to the primary authorized OFX Client that applies for and is approved for an OFX Business Account and has been issued an OFX Card in accordance with the OFX Card Agreement (Business), and when the Client adds an Additional Cardholder, and in turn, adds their OFX Card to an eligible Apple Device, “you” or “your” will also mean the Additional Cardholder.

These Terms apply to your use of the OFX Card enrolled 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 Business Account, including by all Additional Cardholders.

These Terms are in addition to the OFX General Terms and Conditions (Business), the OFX Card Agreement (Business), the Fee Schedule, the OFX Privacy Policy, and any other agreement which the Client has entered 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.

ed terms not defined in these Terms have the meanings set forth in the Client Card Terms. The Client agrees to these Terms when your OFX Card linked to the Client’s OFX Business 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 Business Account for use in Apple Pay on the Additional Cardholder’s Apple Device.

2. Adding and Removing an OFX Card

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

  1. the Client has an OFX Business Account that is open, active and in good standing and the Client’s OFX Business Account is not blocked, restricted, terminated or otherwise suspended,
  2. we can verify you, the Client’s, or relevant Additional Cardholder’s identity (as applicable), and
  3. the enrollment 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, you can use Apple Pay to make transactions and drawdown on the available Balance within the connected OFX Business Account where the applicable merchant supports Apple Pay. 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 transactions may also require the applicable Apple Device to be unlocked and or connected to the internet.

4. Security and your Liability

a) You, the Client and/or any Additional Cardholder (as applicable), acknowledge that any person who can unlock, or is provided access to, or can use your Apple Device may be able to make transactions using an OFX Card registered in Apple Pay and you remain entirely responsible for any misuse.

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

  1.  where applicable, only you, the relevant OFX Card 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 on your 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.  your 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,
  5.  you take all other necessary steps to prevent unauthorised use of Apple Pay, and
  6.  where your OFX Card or your Apple Device becomes missing or stolen, you are arisk of being missing or stolen, you take immediate and appropriate measures to remotely disable or wipe the device.

c) If you fail to comply with any of the requirements in this clause 4, and as a result the OFX Card is used for a transaction by someone other than yourself, the Client and/or the Applicable Cardholder is taken to have authorised that transaction 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). You acknowledge that this could result in significant loss to the Client, or liability incurred by the Client in relation to such transaction.

d) The Client cannot suspend the use of an Additional Cardholder’s OFX Card within Apple Pay, and the Client can lock and unlock an OFX Card by logging into its OFX Business Account and actioning the lock. Locking a card will have an immediate effect. The Client and Additional Cardholders acknowledge and agree that the Client has control over the locking and unlocking of an OFX Card via its OFX Business Account. The Client and/or Additional Cardholders may request OFX to lock or unlock their and OFX Card on their behalf. OFX is not liable for any loss or damage incurred by the locking or unlocking of an OFX Card.

e) You should contact us immediately by calling: +1 855 680 0745 (Free call), or emailing business@ofx.com, if any of the following circumstances occur:

  1.  An Apple Device linked to an OFX Card is lost or stolen or is at risk of being lost or stolen,
  2.  If any OFX Card cardholder knows or 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 cancel the applicable OFX Card once your notify us 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

You are 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 Fee Schedule at www.ofx.com.

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

a)  You can unlink or remove your 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 Business Account within the OFX Business Account platform, including cancellation and/or termination of the OFX Card.

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

  1.  if we suspect fraud or any other Illegal Activities,
  2.  if the OFX Card is cancelled, blocked, or suspended or is otherwise not in good standing,
  3.  if the Client or any Additional Cardholder breach these Terms or any other OFX Client Card Terms,
  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 payment card network (for example, in circumstances of suspected fraud),
  6.  if our arrangements with Apple regarding Apple Pay end or are suspended,
  7.  if it is necessary to protect our legitimate business interests, and/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 your 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. Please refer to the OFX Privacy Policy at www.ofx.com for more information on how we handle your personal information.

b) Once an OFX Card is registered to your Apple Device, Apple may access your personal information regarding the use of that OFX Card through Apple Pay. Please see Apple’s privacy policy at www.apple.com/ca/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 you in relation to the functionality of Apple Pay is limited to securely supplying information to Apple to allow use of an eligible OFX Card through the Apple Pay service.

You will need to agree to Apple’s terms and conditions to use Apple Pay.

9. OFX’s liability

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

  1.  Client’s and/or Additional Cardholder’s fraud, negligence, or intentional misuse of an OFX Card, an Apple Device or Apple Pay,
  2.  Client’s and/or Additional Cardholder 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), and/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 the Province of Ontario, Canada and in the city of Toronto apply to these Terms and using the Apple Pay app, you agree to these terms and exclusive jurisdiction of Toronto, Ontario, Canada.

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

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

Terms means these Apple Pay Terms and Conditions.

You or your has the meaning set out at the beginning of these Terms.