Pay by Vivacom third party digital wallet – Apple Pay terms and conditions

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These terms and conditions (Terms and Conditions) are an agreement between you and Vivacom, acting as an agent of Paynetics, e-money licensed institution (we, or us) that governs your access to and use  of Apple Pay of your eligible Pay by Vivacom payment card linked to accounts domiciled in Bulgaria (Card, or Cards). Apple Pay is a payment platform /the Wallet/  made available by Apple through the Apple Wallet app, not by us. The term, Apple Pay, shall include the Apple Pay branded payment functionality, the Card provisioning functionality, and transaction history displayed by the Wallet application, the Apple Watch application, Apple Pay on the Web, the Apple Watch, and on any other Eligible Device (as defined below). We will determine, in our sole discretion, which Cards will be eligible for use through Apple Pay.

These terms are in addition to your agreement with us that applies to use your Paynetics account and Paynetics CARD and Pay by Vivacom  services which can be found in our “General Terms and Conditions”/ Pay by Vivacom General terms and conditions/. If there is any overlapping or conflict between the “PAY BY VIVACOM THIRD PARTY DIGITAL WALLET – APPLE PAY TERMS AND CONDITIONS” and our “General Terms and Conditions” our “General Terms and Conditions” will take precedence.

Please review these Terms and Conditions before you decide whether to accept them and continue with the addition of your Cards to Apple Pay. By adding or using a Card in Apple Pay you agree to use your Card through Apple Pay in accordance with these Terms and Conditions. If you do not agree to these Terms and Conditions, then you must not add your Card to, or use your Card in connection with Apple Pay. Use of Apple Pay is at your discretion. You are not obliged to use Apple Pay in connection with any of your Cards.  

Your use of Apple Pay to purchase goods and services with your Card is governed by the applicable terms and conditions between you and us in connection with each account to which the Card is linked (Account). The terms, agreements, and disclosures that govern your Card, your Account, and use of the services associated with your Account continue to apply when you add your Card to a Wallet. The applicable Pay by Vivacom General terms and conditions are incorporated by reference as part of these Terms and Conditions.

You also acknowledge that your use of Apple Pay is subject to the terms and conditions set forth by Apple Inc. and/or its affiliates (Apple) or another third party supporting Apple Pay with respect to the use of Apple Pay.

The Wallet simply provides another way for you to make purchases with the Card. Any applicable fees and charges that apply to your Card will also apply when you use the Wallet to access your Card.

We will not charge you any additional fees for adding your Card to the Wallet or using your Card in the Wallet. The Wallet Provider and other third parties such as wireless companies or data service providers may charge you fees.

Your use of the Wallet will be subject to agreements or Terms of Service with the Wallet provider or other third parties such as wireless companies or data service providers.

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‍ELIGIBILITY / ENROLLMENT

You can add an eligible Card to the Wallet by following the instructions of the Wallet provider  and any further procedures we adopt. Only Cards that we indicate are eligible can be added to the Wallet. If your Card or the Account tied to your Card (“Account”) is not in good standing, that Card will not be eligible to enroll in the Wallet. We have the discretion to approve or reject the addition of any Card to Apple Pay and  need not   give you any reason for our approval or rejection.

When you add a Card to the Wallet, the Wallet allows you to use the Card to enter into transactions where the Wallet is accepted. The Wallet may not be accepted at all the places where your Card is accepted.

Apple Pay is available to cardholders for the purposes of purchasing goods and services or for other permitted transactions with a compatible Apple device as determined by Apple (Eligible Device) at merchants that accept Apple Pay as a form of payment through near field communication (NFC) enabled payment terminals, for in-app purchases and authorized merchant websites when using a compatible Safari-browser or compatible MacBook Pro. Apple Pay allows you to use your Eligible Device to access and use your Cards to make such purchases in place of presenting or using your physical Card. To add your Card to Apple Pay, you must register your Card with Apple Pay by linking (provisioning) your Card to an Eligible Device. You may be required to take additional steps to authenticate yourself before your Card is added to Apple Pay, including by providing additional identifying information.  When provisioning your Card through Apple Pay to an Eligible Device that contains a secure element, a unique numerical identifier different from your Card number (Token) will be added to such secure element, for the purpose of making purchases and receiving refunds through Apple Pay. To stop using your card with ApplePay go to the Wallet app on your device and remove your card. Due to the manner in which Apple Pay operates, you may need to present your Eligible Device at a merchant when you return an item purchased using Apple Pay on such Eligible Device

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YOUR USE OF PAY BY VIVACOM CARDS THROUGH APPLE PAY

Purchases you make with Apple Pay using your Card are governed by the Pay by Vivacom  General terms and conditions. Please review the Pay by Vivacom General terms and conditions for important information on your rights and responsibilities when making purchases or performing transactions.

Any limits we place on the frequency or amount of your Card transactions will also apply to Wallet transactions. We can also block a Card in the Wallet from purchases at any time for the reason set forth in Pay by Vivacom General terms and conditions .

You must keep your Eligible Device safe (including ensuring that the device is not modified contrary to the software or hardware guidelines of the manufacturer) and ensure that where your passcode or personal identification number is required to allow you to use your Eligible Device to access and use your Cards to make purchases for Apple Pay, your passcode or personal identification number is not disclosed to any one and you must take all steps and prevent any fraud, loss or theft in respect of your Eligible Device or any Card in connection with the use of Apple Pay.  If you enroll/opt for biometric verification/authentication such as finger print identity (Touch ID), Face ID, personal identification number or passcode on Apple Pay, the collection, storage, enrollment and access to Apple Pay using your biometric information, personal identification number or passcode will be made using the technology on your Eligible Device.

Accordingly, when you log into Apple Pay and choose to be verified using the technology on your Eligible Device, your finger print or any other biometric information, personal identification number or passcode will be matched and verified against your Eligible Device’s technology. Accordingly, you acknowledge that we have no control over the technology on your Eligible Device, the availability, capability, verification method, security and integrity of your Eligible Device and cannot be held responsible for transactions effected using Apple Pay and authorised using any biometric information or personal identification number or passcode. You should therefore assess if your Eligible Device’s manner of verification/authentication and risks associated with such use is acceptable to you.  

Where you have enrolled/opted for biometric verification/authentication as detailed above, you are responsible to ensure that only your biometric data is stored in your Eligible Device. Accordingly, you must not save a third party’s biometrics such as finger print or any other biometric information on your Eligible Device.  You agree not to activate the biometric verification/authentication function and to immediately de-activate such biometric verification/authentication function in the event a third party’s biometrics is saved on your Eligible Device, whether now or in the future. In the event a third party’s biometric data is saved on your Eligible Device and you continue to use your Eligible Device to access and use your Cards in connection with the use of Apple Pay using the biometric/verification authentication method above despite the caution above, you understand that such third party, using his or her biometric data, will be able to use your Eligible Device to access and use your Cards to make purchases or perform transactions with Apple Pay. You agree that any such purchases or transactions with Apple Pay using your Cards by such third party will be considered as authorised by you and you shall be responsible and liable for these purchases. Use of Apple Pay is at your discretion. You are not obliged to use Apple Pay in connection with any of your Cards. Accordingly, you agree that the access and use of your Cards on Apple Pay will be considered as authorized by you and you shall be responsible and liable for the same.  If your Eligible Device is lost or stolen, any biometric information or personal identification number or other passcode is compromised or used or Card has been used through Apple Pay without your permission, you must notify us immediately and if we so require, furnish to us a statutory declaration in such form as we specify and/or a police report and/or any other information we may reasonably require. You should immediately unlink your eligible Card/s from Apple Pay if your supported Apple device is stolen or lost. Instructions to unlink your card are available on the Apple Pay website and the Wallet App. You are liable for all unauthorised use of your Card in connection with Apple Pay as defined in the Pay by Vivacom General terms and conditions  

You agree and acknowledge that the transaction history displayed in Apple Pay in connection with use of your Card in Apple Pay solely represents our authorisation of your Apple Pay transaction using that particular Eligible Device and does not reflect any post-authorisation activity, including but not limited to clearing, settlement, foreign currency exchange, reversals, returns or chargebacks. Accordingly, the purchase amount, currency, and other details for your Apple Pay transaction history in connection with use of your Card in Apple Pay may not match the transaction amount that is ultimately cleared, settled, and posted to your Card statement of account. You will remain liable to us for the amounts set out on your statements.

You consent to receive electronic communications and disclosures from us in connection with your Card, your Digital Wallet and/or your Device.

As a condition to using your Card in connection with Apple Pay, you acknowledge and consent to us sending notifications to the Eligible Device which may or may not be the same device as your mobile phone number on record with us. If at any time you revoke this consent, we may suspend or cancel your ability to use your Cards in connection with Apple Pay.

Devices modified contrary to the software or hardware guidelines of a manufacturer, including by disabling hardware or software controls, sometimes referred to as jailbreaking are not Eligible Devices. You acknowledge that the use of a modified device to use your Card in connection with Apple Pay is expressly prohibited, constitutes a violation of these Terms and Conditions, and is grounds for us to deny your access to your Cards through Apple Pay.  

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FEE AND CHARGES

Please note that Apple or another third party supporting Apple Pay may charge a fee for using your Cards in Apple Pay. Your telecommunications carrier or provider, Device provider, wireless company or other third parties  may charge you fees such as  web-enablement, data usage or text messaging fees or other charges for your use of Apple Pay.

You are solely responsible for all such fees and agreements set forth by any other third party providers.

 

RIGHTS WE HAVE

We may suspend or terminate use of your eligible Card (including the card of any additional cardholder) with Apple Pay without notice at any time and need not give you any prior notice or reason for doing s, including but not limited if:

 

a. you ask us to suspend or close your account that the card is linked to;

 

b. either you or any additional cardholder breach these terms and conditions;

 

c. we suspect unauthorised transactions have occurred; or

 

d. we are required by a regulatory or government body. We have the right to impose a limit on the transaction amount charged to your Card through Apple Pay. The limit will be such amount as determined by us and notified to you.

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AUTHORIZATION TO COLLECT AND SHARE DATA

You agree that Paynetics may collect, transmit, store, and use technical, location, and login or other information about you and your use of the Cards through Apple Pay. You acknowledge that (i) Apple, the provider of Apple Pay technology that supports the Cards in Apple Pay, as well as its sub-contractors, agents, and affiliates, or other third parties supporting Apple Pay and (ii) the applicable payment network branded on your Card (e.g., MasterCard International Incorporated ) as well as sub-contractors, agents, and affiliates of such payment networks, will have access to certain details of your transactions made with merchants via use of your Cards through Apple Pay. You acknowledge that the use and disclosure of any personal information provided by you directly to Apple, the applicable payment network branded on your Card, or other third parties supporting Apple Pay, will be governed by the privacy policy of such party.

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MERCHANT RELATIONSHIPS AND DISCLAIMERS  

Merchants may present to you certain discounts, rebates or other benefits (e.g. free shipping) (Offers) in Apple Pay. Such Offers are subject to certain terms and conditions and may change at any time without notice to you. We will not be liable for any loss or damage as a result of any interaction between you and a merchant with respect to such Offers. Subject to applicable law and your Account terms and conditions, all matters, including delivery of goods and services, returns, and warranties, are solely between you and the applicable merchants. You acknowledge that we do not endorse or warrant the merchants that are accessible through Apple Pay or the Offers that they provide. Any dispute that you have in connection with the good or services purchased using your Cards through Apple Pay should be resolved between you and the applicable merchant.

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CHANGES TO PARTICIPATION IN THE APPLE PAY AND TERMS AND CONDITIONS  

Subject to applicable law, at any time we may (i) terminate your use of Cards in connection with Apple Pay, (ii) modify or suspend the type or  amounts of transactions allowed using Cards in connection with Apple Pay, (iii) change the eligibility of a Card for use with Apple Pay, and (iv) change the Card authentication process.

We can terminate the Service and these Terms and conditions at any time. We can also change these Terms at any time. We will provide notice if required by law. We can also assign these Terms and conditions. You cannot change these Term and conditions s, but you can terminate these Terms and conditions at any time by removing all Cards from the Wallet. You may not assign these Terms and conditions.

 

INTELLECTUAL PROPERTY

All intellectual property rights including all patents, trade secrets, copyrights, trademarks and moral rights (collectively, Intellectual Property Rights) in Apple Pay (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned either by Apple, us, our licensors or third parties. Nothing in these Terms and Conditions gives you any rights in respect of any intellectual property owned by Apple, us, our licensors or third parties and you acknowledge that you do not acquire any ownership rights by adding your Card to, or using your Card in connection with, Apple Pay.

 

DISCLAIMERS OF WARRANTY

We are not affiliated with Apple as Wallet Provider, nor do we endorse or promote Apple. We are not the Provider of the Wallet, and we are not responsible for providing the Wallet service to you. We are only responsible for your Card and your Account. We are not responsible for any failure of the Wallet or the inability to use the Wallet for any transaction. We are not responsible for the performance or non-performance of the Wallet Provider or any other third parties regarding any agreement you enter into with the Provider or associated third‐party relationships that may affect your use of the Wallet.

Apple Pay is provided by Apple and other third parties that support Apple Pay, and without warranty from us. You acknowledge and agree that from time to time, your use of your Card in connection with Apple Pay may be delayed, interrupted or disrupted for an unknown period of time for reasons we cannot control. Neither we nor our affiliates will be liable for any claim arising from or related to use of your Card through Apple Pay due to such delay, interruption, disruption or similar failure.  

You acknowledge that we are not party to the terms and conditions for Apple Pay between you and

Apple or the other third parties supporting Apple Pay and we do not own and are not responsible for Apple Pay. We are not providing any warranty for Apple Pay. We are not responsible for maintenance or other support services for Apple Pay and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to Apple Pay, including, without limitation, any third party product liability claims, claims that Apple Pay fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of Apple Pay, including those pertaining to Intellectual Property Rights, must be directed to Apple or the other third parties supporting Apple Pay.

We do not recommend, endorse or make any representation or warranty of any kind regarding the performance or operation of your Eligible Device. You are responsible for the selection of an Eligible Device and for all issues relating to the operation, performance and costs associated with such Eligible Device.

 

LIMITATION OF LIABILITY

Тo the maximum extent permitted by applicable law, in no event shall we, our processors, suppliers, or licensors (or their respective affiliates, agents, directors, and employees) be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, inability to use, or unavailability of Apple Pay, including your use of your card in connection with apple pay. Тo the maximum extent permitted by applicable law, we, our processors, suppliers, and licensors (and their respective affiliates, agents, directors, and employees) assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of apple pay, including your use of your card in connection with apple pay; (iii) any interruption or cessation of transmission to or from Apple Pay; (iv) any bugs, malicious software, or the like that may be transmitted to or through apple pay by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through apple pay; and/or (vi) user content or the defamatory, offensive, or illegal conduct of any third party.

 

INDEMNITY  

You will indemnify, defend, and hold us harmless (and our employees, directors, agents, affiliates and representatives) from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in this Terms and Conditions, including any violation of our policies; (b) your wrongful or improper use of Apple Pay, including wilful misconduct or fraud; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of Republic of Bulgaria or any other country; (e) any access or use of Apple Pay by any other party with your biometric data (including Touch ID or Face ID) or personal identification number or passcode or other appropriate security code, and (f) any change in law, regulation or official directive which has an effect on the Card or Apple Pay, and the same may be debited to your Card and/or shall be paid by you on demand.

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REPRESENTATION AND WARRANTY  

You represent and warrant to us that: (i) all Cards you add to Apple Pay is or are, your Card(s); (ii) you and all transactions initiated by you or using any of your Cards added to Apple Pay will comply with all rules, and regulations applicable to you, including any applicable tax laws and regulations; (iii) you will not use any of your Cards through Apple Pay for any fraudulent undertaking or in any manner so as to interfere with the operation of Apple Pay; (iv) you will not permit any use of your Card(s) through Apple Pay by any third party; and (v) your use of your Card in connection with Apple Pay will comply with these Terms and Conditions.

 

GOVERNING LAW  

The same laws that govern your Pay by Vivacom General Terms and conditions shall govern these Terms and Conditions.