Mobile Payments Terms of Use

Bankwest Android Pay™ Terms of Use

07 November 2016

 

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 Android Pay as an account holder or Additional Cardholder,

you consent to Bankwest collecting, using and disclosing your personal information as described in the Privacy Statement and Consent to Use Your Information , including information about the Android Device on which a Bankwest Card is loaded and disclosure of your transaction history to Google to facilitate your Android Pay experience.

Android Pay is provided by Google and you will need to agree to Google's Android Pay terms in order to download and use Android Pay. For more information about the types of personal information collected by Google, please see Google's privacy policy at www.google.com.au/intl/en/policies/privacy/.

 

1. Google's Android Pay

Android Pay is provided by Google. Bankwest does not impose any additional fees and charges for registering and using your Bankwest Card with Android Pay. However, you will need to pay any third party fees and charges associated with downloading, registering and using the Android Pay app on an Android Device.

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

You must agree to Google's terms and conditions in order to register and use the Android Pay app.

 

2. Definitions

The expressions below have the following meaning in these Android Pay 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 an Android 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.

Android Device means a device such as a phone, tablet or smartwatch which uses the Android operating system, and on which Bankwest determines, in its sole discretion, Bankwest Cards may be registered.

Android Pay means the application or 'app' created by Google for making mobile payments using a phone, tablet, smartwatch or other Android Device and a credit or debit card registered on such a device.

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

Google means Google Asia Pacific Pte. Ltd ABN 54 341 015 381 and/or its related bodies corporate and affiliates.

Passcode means a code or, password or biometric identifier such as, but not limited to, a fingerprint, where applicable to unlock an Android Device.

we, us, the Bank or Bankwest means Bankwest, a division of Commonwealth Bank of Australia ABN 48 123 123 124 AFSL/Australian credit license 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 Android Pay app.

 

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 Android 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 Android Device despite the fact that Bankwest does not issue the Android Device.
 

4. Why have Android Pay Terms of Use

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

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

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

5. Amending the Android Pay Terms of Use

We can change these Android Pay Terms of Use at any time. Circumstances where we may make changes include, but are not limited to, where we:

  • Increase your liability for losses when using your Bankwest Card to transact through Android Pay; or
  • Impose or change your daily transaction limit for you Bankwest Card registered for Android Pay.

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 Android Pay as an account holder or allowing an Additional Cardholder to load a Bankwest Card onto Android Pay, you agree we may communicate with you electronically by SMS to your Android Device including when we give notice of any changes to these Android 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 Android 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 Android Pay

Your Bankwest Card can be loaded onto Android Pay to make contactless payments to retailers and also within Android Pay to pay for app purchases.

If the dollar value of a transaction exceeds the contactless payment threshold we set from time to time, you may need to enter the PIN associated with the Bankwest Card, to initiate the transaction. Please note that for some Android Devices, carrier-specific software settings may override Android Pay settings so that you may need to unlock the Android Device before the contactless terminal will allow you to initiate a transaction.

You must have selected Android Pay as the default 'tap and pay' application on your Android Device's settings to transact using Android Pay. You must have your Bankwest Card selected as your default card within Android Pay in order for Android Pay to use the particular Bankwest Card when making a transaction. If Android Pay is the default 'tap and pay' application on your Android Device's settings, you may only be able to pay using Android Pay despite another 'tap and pay' application being open at the time you tap your Android Device at the contactless terminal.

Android Pay may not work when the Android Device is not within range of a cellular or wireless internet connection and if the Android Device has not been connected to cellular or wireless internet for an extended period of time, there may be a delay before Android Pay is reconnected.

 

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

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

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

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

8. Security of Android Pay and an Android Device

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

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

It may be possible to make transactions using Android Pay after deleting or uninstalling the Android Pay application on an Android Device. If a cardholder no longer wishes to use a Bankwest Card with Android Pay, the Bankwest Card should be removed from Android Pay prior to deleting or uninstalling it on the Android Device. Other ways to ensure that your Bankwest Card cannot be used with Android Pay on your Android Device include:

  • Removing the Google account to which the Bankwest Card was added in Android Pay;
  • Undertaking a factory reset of the Android Device; and
  • Erasing the Android Device on the Android Device Manager.

A Bankwest Card may also be removed from Android Pay where the Android Device has not connected to Google's servers for at least 90 days.

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

 

9. Your liability for Android Pay transactions

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

Biometric identifiers and passcodes

If another person's biometric identifier is loaded onto an Android Device, including onto the Android Device of an Additional Cardholder, you must take immediate steps and ensure that the biometric identifier is removed from the relevant Android 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 Android 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 Android Device's Passcode, Bankwest Card PIN, or otherwise tried to access the Android Device or Android Pay.

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

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

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

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 Android Pay Terms of Use and using the Android Pay app, you agree to these terms and exclusive jurisdiction of Western Australia. If any term in these Android 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 Android Pay.

Android, Android Pay, Google Play and the Google Play logo are trademarks of Google Inc.

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