Wizitcard Apple Pay Terms and Conditions

1. These terms
   • 1.1 By adding a Wizitcard for use in Apple Pay on your eligible Apple Device you agree to these Apple Pay Terms.
   • 1.2 These Apple Pay Terms apply in addition to the Wizitcard Terms associated with your Wizitcard and should be read together.
2. Using and managing Apple Pay
   • 2.1 Apple Pay is a payment platform made available by Apple through the Wallet app, not by Wizit.
   • 2.2 To add a Wizitcard to Apple Pay on your eligible Apple Device we must be able to verify your identity and you must not be in default under your Wizitcard Credit Card Contract.
   • 2.3 Once you have added a Wizitcard to Apple Pay, you can use Apple Pay to authorise transactions on your Wizitcard at a contactless terminal or in an application on an Apple Device. Your ability to use Apple Pay may be subject to use of a Wizitcard PIN and your Apple Device being unlocked.
   • 2.4 You can remove a Wizitcard linked to Apple Pay on your Apple Device at any time.
   • 2.5 Instructions on how to add or remove a Wizitcard to or from Apple Pay can be found here.
3. Security requirements
   • 3.1 You must ensure that only your Biometric Identifier is registered on the Apple Device and that your Wizitcard once added to Apple Pay is not used by any other person.
   • 3.2 You must not:
     • (a) permit any other person’s Biometric Identifier to be registered on your Apple Device;
     • (b) share your Apple Device passcode with any other person; or
     • (c) register a Biometric Identifier on your Apple Device in circumstances where you are aware that another person is or may be able to use their biometric information to access the Apple Device.
   • 3.3 If you do any of the above you will be taken to have authorised such other person to transact on your Wizitcard using Apple Pay.
   • 3.4 If an Apple Pay transaction is initiated by a person by using the Biometric Identifier, the transaction is taken to have been authorised by you.
   • 3.5 If you suspect that any other person knows the passcode for the Apple Device, you must change the passcode on the Apple Device.
   • 3.6 If you are aware that another person is or may be able to access the Apple Device using their biometric information, you must use a passcode instead of a Biometric Identifier to initiate transactions using the Wizitcard on Apple Pay, otherwise you are taken to have authorised the other person to transact on your Wizitcard using Apple Pay pursuant to clause 3.3.
   • 3.7 You can delete or suspend a Wizitcard from Apple Pay at any time.
   • 3.8 You are generally liable for unauthorised transactions conducted using Apple Pay. You must contact MasterCard Emergency Card Services or block your Wizitcard via the Wizitcard app immediately in any of the following circumstances:
     • (a) you become aware that an Apple Device on which a Wizitcard has been added to Apple Pay is lost or stolen;
     • (b) you become aware that the mobile service of any Apple Device on which a Wizitcard has been added to Apple Pay is suddenly disconnected without your permission (which may indicate the occurrence of mobile phone porting); or
     • (c) you suspect that someone other than you has used your Wizitcard or may have accessed your Apple Device or has knowledge of your security credentials.
   • 3.9 If you notify us of any of the matters referred to in clause 3.8 above, we may suspend use of the Wizitcard with Apple Pay. However, if you have contributed to the loss by unreasonably delaying reporting to us the loss or theft of the Apple Device or the unauthorised use of your Wizitcard, you may be liable for transactions which you did not authorise and incurred prior to notification to us.
4. Fees and charges
   • 4.1 Wizit does not charge you any fees for adding or using a Wizitcard with Apple Pay. Any third party charges associated with the use of Apple Pay (such as carriage or mobile data charges) are your responsibility.
5. Our rights
   • 5.1 Wizit may block, suspend or terminate use of your Wizitcard in Apple Pay without notice at any time:
     • (a) if your Wizitcard is cancelled, blocked or suspended;
     • (b) if Wizit reasonably suspects fraud;
     • (c) if you are in default under the Wizitcard Credit Card Contract;
     • (d) if required by law (such as laws relating to anti-money laundering, counter terrorism financing or sanctions), or required by a regulatory or government body;
     • (e) if directed to do so by Apple or by Mastercard;
     • (f) if Wizit’s arrangements with Apple regarding Apple Pay cease or are suspended; or
     • (g) for any other reason if Wizit considers it reasonably necessary to protect its legitimate interests and provided Wizit acts reasonably.
6. Our liability
   • 6.1 Wizit is not liable for the use, functionality or availability of Apple Pay, any Apple Device, the availability of compatible contactless terminals or the quality or availability of services provided by third party communications and network providers.
   • Wizit will not be liable for any loss arising from your use of Apple Pay to the extent the loss was caused by:
     • (a) conduct by you amounting to fraud or a breach of these Apple Pay Terms or Wizitcard Terms;
     • (b) your use of Apple Pay or the Apple Device in a manner not permitted by Apple; or
     • (c) matters beyond our reasonable control.
7. Data collection and privacy
   • 7.1 Wizit collects 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 a variety of reasons including to ensure that your Wizitcard properly functions in Apple Pay, for security purposes and to identify fraud.
   • 7.2 The Wizitcard Terms and Privacy Policy contains more general information about collection and handling of your personal information.
   • 7.3 Once a Wizitcard is registered to your Apple Device, Apple may access your personal information regarding the use of that Wizitcard through Apple Pay. Please see Apple’s privacy policy at www.apple.com/au/privacy.
8. Changes to terms
   • 8.1 We can make changes to these terms by giving you notice as described below and in doing so may require you to accept such changes to continue using your Wizitcard in Apple Pay.
   • 8.2 If we consider a change is unfavourable to you, we will give you prior notice of at least 30 days. Otherwise, we may give you a shorter notice period, which may include notice on the day the change takes effect.
   • 8.3 You agree that we may give you notice of the change by any notification method allowed by these terms including by letter or by electronic means as set out in clause 9 below or by advertisement in a national newspaper or in two or more major metropolitan newspapers that in combination circulate generally in each State and Territory of Australia.
   • 8.4 You agree that we may transfer or assign our rights under these Apple Pay Terms, or novate these Apple Pay Terms to any of our Related Bodies Corporate, without your consent, provided we reasonably believe you will not suffer any material detriment by reason of the transfer, assignment or novation.
   • 8.5 Despite this clause, we will always give you notice in accordance with any applicable laws or industry codes, or any other terms and conditions applicable to your account, which require any minimum notice periods or specific methods of notification.
   • 8.6 To view the current version of these terms you can find them by visiting https://www.wizit.money/legal-stuff/wizitcard-apple-pay-terms-and-conditions.
9. Communication with you
   • 9.1 You agree that for the purposes of communicating with you in relation to these terms, we may send you an SMS to your Apple Device, send you an email to the email address you have provided to us or write to you at the address you have provided to us. This clause does not limit the ways in which we may communicate with you under the Wizitcard Terms.
10. Severability and governing law
    • 10.1 A provision must be read down to the extent necessary to be valid. If it cannot be read down to that extent, it must be severed.
    • 10.2 These terms are governed by the law of New South Wales, Australia.
    • 10.3 You and Wizit irrevocably submit to the non-exclusive jurisdiction of the courts in New South Wales and the division of the Federal Court of Australia in that jurisdiction, and the courts of appeal from them.
    • 10.4 You and Wizit may not object to the jurisdiction of any of the courts referred to in clause 10.3 on the ground that it is an inconvenient forum or that it does not have jurisdiction.
11. Meanings of words
    • 11.1 In these terms:
    • (a) “Apple” means Apple Pty Limited ABN 46 002 510 054 and/or its related bodies corporate and affiliates.
    • (b) “Apple Device” means a device such as an iPad, iPhone or Apple Watch, manufactured by Apple, which Wizit determines is eligible for the registration of Wizitcard to be used in Apple Pay.
    • (c) “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.
    • (d) “Apple Pay Terms” means these terms and conditions.
    • (e) “Biometric Identifier” includes fingerprint, faceprint or similar biometric identifier.
    • (f) “Related Bodies Corporate” has the meaning given to it in the Corporations Act 2001 (Cth).
    • (g) “Wizit”, “we” or “us” means Credit Corp Financial Services Pty Limited ABN 39 146 525 706 and its successors and assigns, and “our” has a corresponding meaning.
    • (h)“Wizitcard” means a Wizitcard digital or physical credit card issued to you pursuant to the Wizitcard Credit Card Contract which is not expired, blocked, suspended or cancelled.
    • (i) “Wizitcard Account” means the account associated with the Wizitcard.
    • (j) “Wizitcard Credit Card Contract” means the credit contract between you and Wizit pursuant to which Wizit offered you a Wizitcard credit card facility.
    • (k) “"Wizitcard PIN” means the personal identification number or word which has been selected by you, or which has been allocated to you by Wizit, for use with your Wizitcard at contactless terminals.
    • (l) “Wizitcard Terms” means the Wizitcard Credit Card Terms and Conditions which relate to the Wizitcard Account associated with the Wizitcard registered on an Apple Device.
    • (m) “You” means the holder of the Wizitcard Account related to the Wizitcard which has been added to the Apple Pay wallet, and “your” has a corresponding meaning.
12. Trademarks
    • 12.1 Apple and Apple Pay are trademarks of Apple Inc.