Bankwest Fitbit Pay Terms of Use

Collection, use and disclosure of your personal information

By:

  • authorising an Additional Cardholder or other account signatory to operate, or continue to operate, an account with a Bankwest Card; or
  • loading a Bankwest Card onto Fitbit Pay as an account holder or Additional Cardholder,
     

you consent to Bankwest collecting, using and disclosing your personal information as described in the Bankwest Privacy Policy, including information about your use of Fitbit Pay and the Fitbit Device on which a Bankwest Card is loaded and disclosure of your transaction history to Fitbit to facilitate your Fitbit Pay experience.

Fitbit Pay is provided by Fitbit and you will need to agree to Fitbit’s Fitbit Pay terms of service in order to use Fitbit Pay. For more information about the types of personal information collected by Fitbit , please see Fitbit's privacy policy at www.fitbit.com/au/legal/privacy.

1. Fitbit Pay

Fitbit Pay is provided by Fitbit. Bankwest does not impose any additional fees and charges for registering and using your Bankwest Card with Fitbit Pay. You are responsible for all third party charges associated with the use of Fitbit Pay (such as carriage or mobile data charges).

Bankwest is not liable for any loss associated with the use, functionality or availability of Fitbit Pay or for any disruption arising from its availability whether through the failure of a telecommunications network or a contactless merchant terminal.

2. Definitions

The expressions below have the following meaning in these Terms of Use:

Account Terms
mean the terms and conditions applicable to each savings, transaction or credit card account linked to a Bankwest Card registered on a Fitbit Device including the Account Access Conditions of Use, Credit Cards Account Access Conditions of Use and the Commercial Credit Cards Account Access Conditions of Use.

Additional Cardholder has the meaning given in the Account Access Conditions of Use and the Credit Cards Account Access Conditions of Use but in relation to the Commercial Credit Cards Account Access Conditions of Use means a person nominated by you and to whom we have issued a Bankwest Card to operate the card account.

Bankwest Card means an eligible Bankwest credit or debit Mastercard® issued by us including the electronic microchip that may be embedded in the card.

Fitbit
means Fitbit, Inc. and/or its related bodies corporate and affiliates.

Fitbit Device
means a device such as a Fitbit watch or tracker which supports Fitbit Pay, and on which Bankwest determines, in its sole discretion, Bankwest Cards may be registered.

Fitbit Pay
means the payment service provided by Fitbit for making payments using a Fitbit Device and a credit or debit card registered on such a device.

Passcode
means a code, password or biometric identifier which unlocks a Fitbit Device.

we
, us, the Bank or Bankwest means Bankwest, a division of Commonwealth Bank of Australia ABN 48 123 123 124 AFSL/Australian credit licence 234945 and its successors and assigns. Any other grammatical form of the word 'we' has a corresponding meaning.

You
means the holder of the account (and each of you if there is more than one accountholder) linked to a Bankwest Card which is loaded onto the Fitbit Device.

3. Definitions under the ePayments Code

In the Account Access Conditions of Use and the Credit Cards Account Access Conditions of Use, which allocate liability for unauthorised transactions and which apply to the use of any Bankwest Card through Fitbit Pay:

  • any reference to a 'Secret Code' includes 'Passcode' despite the fact that where the Passcode is a biometric identifier, it may not be secret; and
  • any reference to a lost or stolen 'card' includes a lost or stolen Fitbit Device despite Bankwest not issuing the Fitbit Device.

4. Why have Fitbit Pay Terms of Use

When you or an Additional Cardholder register a Bankwest Card for Fitbit Pay on an eligible Fitbit Device, it is necessary to allocate certain rights and obligations in relation to the use of Fitbit Pay which may not be addressed in the Account Terms.

The Fitbit Pay Terms of Use will apply to your account any time a Bankwest Card, linked to your account is loaded on to a Fitbit Device, even where the Fitbit Device may not belong to you. Please refer to the security measures outlined in Clause 8 on how to keep a Bankwest Card and the Fitbit Device safe. A failure to keep them safe may result in liability for you.

These Fitbit Pay Terms of Use must be read in conjunction with the Account Terms, as Fitbit Pay is governed by both. However, if there is any inconsistency between them, these Fitbit Pay Terms of Use will apply to the extent of the inconsistency.

Any reference to a ‘mobile device’ in the Account Terms includes a Fitbit Device.

5. Amending the Fitbit Pay Terms of Use

We can change these Fitbit Pay Terms of Use at any time.

Subject to any applicable law or code we will provide you with the required notice period under the Account Terms. Where such change is not specified, we will notify you no later than the day the change takes effect.

We may make amendments or changes we consider necessary to safeguard or restore the security of your account with us. In such circumstances, we may not be able to provide you with advance notice. However, we will notify you of such action as soon as is reasonably practicable.

By loading a Bankwest Card onto Fitbit Pay as an account holder or allowing an Additional Cardholder to load a Bankwest Card onto Fitbit Pay, you agree we may communicate with you electronically in any manner specified in the Account Terms, including by SMS or push notification, to your Fitbit Device or app including when we give notice of any changes to these Fitbit Pay Terms of Use. You acknowledge we have advised you that:

  • on the basis of such consent, we may not send you paper communications;
  • you must check your Fitbit Device or app regularly for any notices or updates from us; and
  • you can withdraw your consent for us to provide you with electronic notification by SMS.

6. How to use a Bankwest Card in Fitbit Pay

Your Bankwest Card can be loaded onto a Fitbit Device to use Fitbit Pay to authorise transactions on your account by making contactless payments or where Fitbit Pay is supported.

7. How to add or remove a Bankwest Card in Fitbit Pay

Before we can allow a Bankwest Card to be added to Fitbit Pay:

  • we must verify your identity or the Additional Cardholder's identity; and
  • the Bankwest Card must not be closed, blocked, reported lost or stolen, in default or its balance written off.
     

You can remove your Bankwest Card from Fitbit Pay at any time by following the instructions on the Fitbit Pay website or app. You can also ask us to unlink your Bankwest Card by contacting us.

You cannot delete or suspend the Bankwest Card of an Additional Cardholder in Fitbit Pay however, you may suspend or cancel the Additional Cardholder's Bankwest Card by contacting Bankwest any time on 13 17 19.

8. Security of Fitbit Pay and a Fitbit Device

You must take steps to secure the Fitbit Device on which a Bankwest Card linked to your account has been registered, including by the following:

  • where the Fitbit Device can be accessed by a biometric identifier, the cardholder must ensure only the cardholder's biometric identifier is registered on the Fitbit Device;
  • where the Fitbit Device is accessible by Passcode, the Passcode must be kept secure by the cardholder. It must not be disclosed to anyone else (even a family member), a record of the Passcode must not be kept with the Fitbit Device, or with or in anything with which the Fitbit Device is stored unless reasonable steps have been taken to protect it;
  • any Passcode selected must not be easy to guess or decipher, such as the cardholder's date of birth or other number associated with the cardholder;
  • a cardholder must not act with extreme carelessness in relation to the security of the Passcode;
  • a cardholder must ensure the Fitbit Device is locked at all times when it is not being used, and is not left unattended in a non-secure environment;
  • a cardholder must install and regularly update anti-virus software on the Fitbit Device;
  • a cardholder must ensure that only the cardholder accesses the Fitbit Device to use the cardholder's Bankwest Card and that it is not accessed or used by anyone else, even if that person has the cardholder's permission; and
  • a cardholder must remove any Bankwest Card from the cardholder's Fitbit Device before disposing of the Fitbit Device.
     

If a cardholder no longer wishes to use a Bankwest Card with Fitbit Pay, the Bankwest Card should be removed from Fitbit Pay prior to deleting or uninstalling it on the Fitbit Device. Other ways to ensure that your Bankwest Card cannot be used with Fitbit Pay on your Fitbit Device include:

  • Removing the Fitbit account to which the Bankwest Card was added in Fitbit Pay;
  • Undertaking a factory reset of the Fitbit Device; and
  • Erasing the Fitbit Device on a device manager.
     

We will not be liable for any loss caused by your fraud or use of Fitbit Pay or the Fitbit Device in a manner not permitted by Fitbit. We will also not be liable for any loss arising from reduced service levels that are outside our reasonable control.

9. Your liability for Fitbit Pay transactions

WARNING: The account holder will be liable where a cardholder does not comply with the above security steps in Clause 8 and will not be able to rely on the protections from liability contained within Account Terms dealing with unauthorised transactions.

Biometric identifiers and passcodes

If another person's biometric identifier is loaded onto a Fitbit Device, including onto the Fitbit Device of an Additional Cardholder, you must take immediate steps to ensure that the biometric identifier is removed from the relevant Fitbit Device, otherwise any such transaction will not be an unauthorised transaction for the purposes of determining liability.

If the security of your, or an Additional Cardholder's, Passcode has been compromised, or you believe that it may be known to another person, you must take immediate steps to change the Passcode.

Reporting security concerns to Bankwest

You must notify Bankwest immediately if:

  • you, or any Additional Cardholder's Fitbit Device, is stolen or is disconnected without the knowledge or permission of you or the Additional Cardholder;
  • you, or any Additional Cardholder, suspect that someone has used the Fitbit Device's Passcode, Bankwest Card PIN, or otherwise tried to access the Fitbit Device or Fitbit Device wallet.

10. When Bankwest may suspend or terminate a Bankwest Card on Fitbit Pay

Bankwest may suspend or terminate a Bankwest Card linked to your account and registered with Fitbit Pay if:

  • you ask us to suspend or cancel the card;
  • either you or the Additional Cardholder breach these terms;
  • we, or Fitbit, reasonably suspect fraud or if we are required to do so under anti-money laundering and counter-terrorism financing legislation;
  • Fitbit suspends or terminates Fitbit Pay; or
  • we reasonably exercise our discretion to do so, as noted in the Account Terms.
     

We will also suspend or terminate the Bankwest Card when we receive your instructions to do so.

11. Applicable law

The laws of Western Australia apply to these Fitbit Pay Terms of Use and in using Fitbit Pay, you agree to these terms and exclusive jurisdiction of Western Australia. If any term in these Fitbit Pay Terms of Use is invalid or unenforceable for any reason, the particular term will be void and the remaining terms will continue to govern your use of Fitbit Pay.

12. Trademarks

Fitbit and Fitbit Pay are trademarks of Fitbit, Inc.

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