Apple Pay – Terms and Conditions

Apple Pay Terms and Conditions (Apple T&Cs) apply when you, or an additional card holder, add an eligible card to Apple Pay on a supported device. 

The Capricornian Conditions of Use (Conditions of Use) relating to your eligible card and The Capricornian Account apply to the use of your eligible card via Apple Pay.

Apple may impose additional terms and conditions in relation to your use of Apple Pay.

Apple Pay Services

  1. Apple Pay is a Digital Wallet provided by Apple. You or an additional cardholder can add an eligible card to Apple Pay on supported devices to make purchases where Apple Pay is accepted.
  2. Apple Pay is a service provided by the Apple Pay provider, and not by us.  The Apple Pay provider is responsible for the functionality and operation of Apple Pay.  We are not liable to you for any loss or damage you suffer as a result of any malfunction, failure or unavailability of Apple Pay, or the failure or refusal of any merchant to process payments using Apple Pay.

Apple Pay and your Security Responsibilities

  1. You, and each additional card holder, agree to protect and keep confidential your User ID, phone lock pass code, passwords and all other information required for you to make purchases with your eligible card using Apple Pay.
  2. At all times, you agree to protect your pass code by using a unique number that is secure and not easily guessed or deciphered. You agree, at all times, to take precautions when using Apple Pay. You must, at all times, protect your pass code.
  3. You, and each additional card holder, must:
    • not allow any other person’s biometric identifier (for example, Face ID and fingerprint) to remain or be registered, on the supported device;
    • not share any PIN or other pass code registered to the supported device with any person; or
    • remove or unlink the eligible card from a supported device before disposing of that supported device.
  4. If you, or an additional card holder, allow another person’s biometric identifier to remain or be registered on the supported device, or share any PIN or pass codes registered to the supported device with any person, then you are taken to have authorised that person to carry out transactions using the supported device and you will be responsible for their use of the eligible card. If your device has been lost or stolen, or you believe your security credentials have been compromised, you must immediately report it to The Capricornian Contact Centre Customer Service on 1300 314 900.
  5. You should immediately remove or unlink your eligible card from Apple Pay if your supported device is lost or stolen, or you believe your security credentials have been compromised.
  6. You should immediately contact us if your eligible card is lost or stolen, or you believe your security credentials have been compromised, including suspicions of any fraud activity.
  7. You may be liable for any unauthorised transactions should you delay notifying us and the delay is unreasonable.

Using Apple Pay

  1. Before allowing you or an additional cardholder to add an eligible card to Apple Pay, we will take steps to verify your and/or the additional card holder’s identity. The addition of the eligible card to Apple Pay is at the discretion of us.
  2. If your eligible card is a dual network debit card with Apple Pay, depending on the network available to you, you may have the option to choose the network by which to process your payment – Visa or eftpos. Eftpos may not be available for Apple Pay payments within apps, on the web or for use overseas.
  3. As Apple Pay is provided by Apple, we are not responsible or liable for its functionality or availability or any refusal by a merchant to process a transaction using Apple Pay except to the extent caused by the mistake, fraud, negligence or wilful misconduct of us, our agents or employees.
  4. We are not responsible for any security breach affecting any information stored in Apple Pay or sent from Apple Pay. This is the responsibility of the Apple Pay provider.

Your Information

  1. We can provide Apple and any card scheme networks with information required for the purpose of operating and generally improving Apple Pay. Each party’s data collection and handling practices are in accordance with their respective privacy policies (Please refer to the providers’ websites for their respective privacy policies)
  2. By registering your eligible card with Apple Pay and agreeing to these Apple Pay T&Cs, you consent to us sharing your information with Apple, Visa and eftpos. Do not register your eligible card with Apple Pay if you don’t want us to collect or share this information with Apple Pay.
  3. We are not responsible for any loss, injury or other harm you suffer in connection with Apple, Visa or eftpos’s use of your information except to the extent caused by the mistake, fraud, negligence or wilful misconduct of us, our agents or employees.

You Agree to Allow Us to Contact You Electronically

You acknowledged that we may contact you electronically (via sms, email or app notifications) and that this is considered written notice for the purpose of these terms.

Changes to these T&Cs

  1. We may amend these Apple Pay T&Cs at any time and will notify you in accordance with the Conditions of Use.
  2. By continuing to keep your eligible card in Apple Pay, you agree to the amendments.

Fees and Charges

  1. The Apple Pay T&Cs and any relevant Product Schedules describe the fees and charges which apply to your eligible card. We do not charge you additional fees for adding or using Apple Pay.
  2. You are responsible for any third-party charges associated with the use of Apple Pay (such as carrier or mobile data charges).

Privacy

To allow you to use the eligible card via Apple Pay, we may share and exchange with the Apple Pay provider your personal information relevant to the setup and use of Apple Pay.

Removing your eligible card from Apple Pay

If you no longer wish to use your eligible card through Apple Pay, remove your eligible card from Apple Pay by following Apple Pay’s card removal process (this process can be found on the Apple website).

Suspension or Removal of a card from Apple Pay by us

We may suspend or terminate the use of an eligible card in Apple Pay without notice and at any time, including if:

  • you, or an additional card holder, breach the Conditions of Use or these Apple T&Cs;
  • we suspect a security issue/breach including if an unauthorised transaction has occurred; or
  • we are required to do so under the instructions of a regulatory or governmental body.

Devices with the same Digital Wallet provider Account

If you add an eligible card to one of your devices and have other devices sharing the same account, this may permit the card to be added to the other devices and permit users of the other devices to see card information.

Definitions

  • Account means your account with us to which an eligible card is linked.
  • Account holder means the person who holds the account under the Conditions of Use.
  • eligible card means a debit or credit card issued by us that can be added to Apple Pay.
  • Apple is a trademark of and means Apple Inc. and includes its related bodies corporate and facilities including Apple Pty Limited ABN 46 002 510 054. 
  • Apple Pay means the mobile digital wallet service provided by Apple.
  • supported device means the device you use to access Apple Pay (such as an iPhone, Apple Watch or an iPad).
  • Conditions of Use means The Capricornian’s Conditions of Use (as supplemented, amended, updated or replaced from time to time) available on The Capricornian website.
  • Visa means Visa Inc. or any Visa Inc. group company (including Visa Worldwide Pte. Limited).
  • Visa Debit Card has the meaning given to that term in the Conditions of Use.
  • we, us, our, Capricornian or The Capricornian means The Capricornian Limited ABN 54 087 650 940 and our successors and assigns.
  • you or your means the account holder and/or the additional cardholder.