Bankwest Samsung 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 Samsung 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 Samsung Pay and the Samsung Device on which a Bankwest Card is loaded and disclosure of your transaction history to Samsung to facilitate your Samsung Pay experience.

Samsung Pay is provided by Samsung and you will need to agree to Samsung's Samsung Pay terms of service in order to use Samsung Pay. For more information about the types of personal information collected by Samsung , please see Samsung's privacy policy at Samsung Pay Privacy Statement (PDF) and www.samsung.com/au/info/privacy.

1. Samsung Pay

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

Bankwest is not liable for any loss associated with the use, functionality or availability of Samsung 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 Samsung 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.

Passcode
 means a code, password or biometric identifier such as, but not limited to, a fingerprint or iris scan, where applicable, which unlocks a Samsung Device.

Samsung
means Samsung Electronics Australia Pty Ltd ACN 002 915 648 and/or its related bodies corporate and affiliates.

Samsung Device
means a device such as a Samsung mobile, wearable device or other accessory which supports Samsung Pay, and on which Bankwest determines, in its sole discretion, Bankwest Cards may be registered.

Samsung Pay
means the payment service provided by Samsung for making payments using a Samsung Device and a credit or debit card registered on such a 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 Samsung 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 Samsung 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 Samsung Device despite Bankwest not issuing the Samsung Device.

4. Why have Samsung Pay Terms of Use

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

The Samsung Pay Terms of Use will apply to your account any time a Bankwest Card linked to your account is loaded on to a Samsung Device, even where the Samsung 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 Samsung Device safe. A failure to keep them safe may result in liability for you.

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

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

5. Amending the Samsung Pay Terms of Use

We can change these Samsung 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 Samsung Pay as an account holder or allowing an Additional Cardholder to load a Bankwest Card onto Samsung 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 Samsung Device including when we give notice of any changes to these Samsung 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 Samsung Device 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 Samsung Pay

Your Bankwest Card can be loaded onto a Samsung Device to use Samsung Pay to authorise transactions on your account by making contactless payments, in selected apps on a Samsung Device or online where Samsung Pay is supported.

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

Before we can allow a Bankwest Card to be added to Samsung 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 Samsung Pay at any time by following the instructions on the Samsung 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 Samsung 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 Samsung Pay and a Samsung Device

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

  • where the Samsung Device can be accessed by a biometric identifier, the cardholder must ensure only the cardholder's biometric identifier is registered on the Samsung Device;
  • where the Samsung 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 Samsung Device, or with or in anything with which the Samsung 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 Samsung 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 Samsung Device;
  • a cardholder must ensure that only the cardholder accesses the Samsung 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 Samsung Device before disposing of the Samsung Device.
     

If a cardholder no longer wishes to use a Bankwest Card with Samsung Pay, the Bankwest Card should be removed from Samsung Pay and/or the Samsung Pay app on the Samsung Device should be deleted or uninstalled. Other ways to ensure that your Bankwest Card cannot be used with Samsung Pay on your Samsung Device include:

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

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

9. Your liability for Samsung 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 Samsung Device, including onto the Samsung Device of an Additional Cardholder, you must take immediate steps to ensure that the biometric identifier is removed from the relevant Samsung 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 Samsung 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 Samsung Device's Passcode, Bankwest Card PIN, or otherwise tried to access the Samsung Device or Samsung Device wallet.

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

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

  • you ask us to suspend or cancel the card;
  • either you or the Additional Cardholder breach these terms;
  • we, or Samsung, reasonably suspect fraud or if we are required to do so under anti-money laundering and counter-terrorism financing legislation;
  • Samsung suspends or terminates Samsung 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 Samsung Pay Terms of Use and in using Samsung Pay, you agree to these terms and exclusive jurisdiction of Western Australia. If any term in these Samsung 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 Samsung Pay.

12. Trademarks

Samsung and Samsung Pay are trademarks of Samsung Electronics Co Ltd.

How can we help?

If you have any questions about Bankwest legal information, give us a call.