Westpac Google Pay™ Terms and Conditions.

1. You must agree to and comply with these Westpac New Zealand Limited Google Pay™ Terms and Conditions (Terms) in order to:

 i. add your eligible Westpac New Zealand Limited (Westpac, we, us, our) payment cards (Westpac cards) to the Google Wallet™ app; and
ii. use your Westpac card(s) to make transactions with Google Pay.

 2. In addition to these Terms, your use of a Westpac card to make transactions with Google Pay is subject to:

 i. you having agreed to comply with Google’s Google Pay Terms of Service;
ii. Westpac's General Terms and Conditions (including the Westpac One App Terms and Conditions) (General Terms and Conditions);
iii. the terms and conditions relating to any Westpac card that is added to the Google Wallet app (Conditions of Use). For the avoidance of doubt, the Conditions of Use apply to both your physical Westpac card and to any Westpac card added to the Google Wallet app (with Google Pay constituting a payment instrument); and
iv. Westpac's Privacy Policy.

Copies of the relevant Conditions of Use are available at any Westpac branch or online at westpac.co.nz. Copies of the General Terms and Conditions and Westpac's Privacy Policy are also available at any Westpac branch or online at westpac.co.nz.

3. Where we refer to you or your in these Terms, we mean any individual that has added a Westpac card to their Google Wallet app.

4. Any capitalised terms used but not defined in these Terms will have the meaning given in the relevant Conditions of Use.

5. We can change these Terms at any time where:

 i. a change:

a. is for reasons outside of our control;
b. is for security reasons (including to protect against fraud or suspected fraud);
c. is administrative or minor or corrects a mistake or omission;
d. reflects changes to our business or technological systems;
e. reflects improvements to the product and/or service;
f. is reasonably necessary for Westpac’s legitimate business purposes; or
g. is not specific to you but is made generally to similar products or services, product or services features, or customers – this may include changes to reflect current industry or market products or services or conditions; or
ii. we reasonably consider you’ll benefit from the change.

When we make changes, we’ll act fairly and reasonably towards you. Notice of any such changes will be given at least 30 days in advance. However, we may give you less than 30 days’ notice, notice after the change takes effect, or no notice if it’s reasonable to do so in relation to changes that are out of our control or when specific laws set out when we may (or must) give you notice. Notice of any such changes will be given in at least one of the following ways:

i. by direct communication to you, for example by letter or electronic communication;
ii. by message in Westpac One®, online banking (Westpac One);
iii. by displaying information in our branches;
iv. by notice on our website; or
v. by notice in the media (including public notices).

If you continue to (i) store Westpac cards in, or add Westpac cards to, the Google Wallet app or (ii) use Westpac cards to make transactions with Google Pay after the expiry of any notice period, you will be deemed to have accepted any change to these Terms. If you do not accept any changes to these Terms, you must stop (x) adding Westpac cards to the Google Wallet app and (z) using Westpac cards to make transactions with Google Pay.

For the avoidance of doubt, nothing in this clause 5 affects our rights to withdraw Google Pay as a service.

Adding / removing Westpac cards from the Google Wallet app

6. In order to use Westpac cards to make transactions with Google Pay you must:

i. have an eligible debit or credit Mastercard® issued by Westpac*; and
ii. be using an eligible Android device**.

* Not all cards issued by Westpac are eligible to be added to the Google Wallet app. You can find a list of eligible cards here.

** Google, in its sole discretion, determines which Android devices are eligible for the registration of Westpac cards in the Google Wallet app and for which Google Pay Payment types.

7. You can add one or more of your Westpac cards to the Google Wallet app on your eligible Android device by following the process set out either within the Google Wallet app or via the Westpac One app. However, if you are an additional credit cardholder, you can only add your Westpac card to an eligible Android device by first following the process within the Google Wallet app and then by contacting the Westpac Call Centre on +64 9 914 8026 to complete verification of your details. Where you have added more than one Westpac card, you must nominate a card which will be your default card for all in-store purchases with Google Pay and all transactions will be debited from this account unless you choose another card.

8. You can remove a Westpac card from the Google Wallet app by following the process set out using the “Remove Payment Method” menu within the Google Wallet app or by calling the Westpac Call Centre on 0800 WESTPAC. You can also temporarily suspend (and then subsequently resume) the use of a Westpac card with Google Pay by calling the Westpac Call Centre on 0800 WESTPAC. For the avoidance of doubt, removing or suspending a card from the Google Wallet app will not, in either case, affect your ability to be able to continue to use your physical Westpac card to make purchases.

 How to use your Westpac card(s) with Google Pay

9. Once you have added your Westpac card(s) to the Google Wallet app, you can use Google Pay to make a Google Pay Payment (as applicable). However, please note that Westpac cards added to the Google Wallet app may not be accepted outside of New Zealand or at all places where your physical Westpac card is accepted.

10. In the case of a Contactless transaction, you will need to check the Contactless terminal for confirmation of payment. In addition, you may be required to enter your PIN into the Contactless terminal. The PIN will be the same as the PIN you use with your physical Westpac card.

11. For transactions made in New Zealand, the minimum transaction limits can be found at westpac. co.nz. Different limits may apply overseas, and we have no control over these limits.

12. Subject to our General Terms and Conditions, Westpac may immediately suspend, modify, block, restrict, terminate or withdraw your ability to use your Westpac card to make a transaction with Google Pay at any time, at our sole discretion and for any reason, including where we suspect unauthorised or fraudulent transactions have occurred or been attempted. Where permitted by law, we will notify you of any such action taken as soon as reasonably practicable. Furthermore, we will give you notice in accordance with the relevant Conditions of Use if your Westpac card is no longer eligible.

13. You should always ensure that you have alternative payment options available to you should your Westpac card be unavailable for use for transactions with Google Pay.

Disputed or unauthorised transactions

14. In the event of any disputed or unauthorised transactions, the relevant Conditions of Use applying to the Westpac card will apply.

Fees and charges

15. The relevant Conditions of Use describe the fees and charges which apply to your Westpac card. Westpac does not charge you any additional fees for adding a Westpac card to the Google Wallet app or using a Westpac card to make transactions with Google Pay. You may however be charged fees from other third parties in connection with your use of Google Pay (such as your mobile service provider for data used when using Google Pay) and you are responsible for any such charges.

Security and maintenance

16. You must exercise every possible care to ensure the safety and security of your Android device and security credentials. This includes:

i. locking your device when it is not in use;
ii. not leaving your device unattended;
iii. not letting anyone else use your device whilst the Google Wallet app is enabled; and
iv. ensuring up-to-date software is installed.

17. Any person who can unlock your Android device may be able to make transactions using Google Pay. You should therefore have a passcode set on your device. If you suspect your passcode has become known to someone else, you should change it immediately.

18. In addition, if you have biometric identification login enabled on your Android device, any person whose biometric identification is stored on your device may also be able to access the Google Wallet app and make a Google Pay Payment and you will be responsible for their use of your Westpac card. Accordingly, you must ensure that only your biometric identification is stored on your device if you wish to use biometric identification login to make Google Pay Payments. For the avoidance of doubt, biometric identification login details are stored on your Android device and not by Westpac, so we cannot verify the identity of any person who uses biometric identification login to access the Google Wallet app from your device.

19. If you sell, upgrade or otherwise dispose of your Android device, you are responsible for ensuring you remove any Westpac card(s) from the Google Wallet app prior to such disposal. You acknowledge that deleting the Google Wallet app alone will not disable Google Pay and your Westpac card(s). Refer to "Adding / removing Westpac cards from the Google Wallet app” above for information on how to remove your Westpac card(s).

20. The requirements about protecting your Westpac card and PIN and liability for unauthorised transactions extend to your Android device and Google Pay Payments. Therefore, in addition to the requirements under the relevant Conditions of Use, you must contact Westpac on 0800 888 111 as soon as you become aware or suspect that:

i. your device has been lost or stolen;
ii. someone other than you has accessed, or is capable of accessing or opening, a device of yours that is registered for biometric identification login;
iii. your passcode has been disclosed, used without your authority or may otherwise have become known to anyone else; or
iv. there has been an unlawful, fraudulent or improper use of a Westpac card (whether through Google Pay or otherwise).

Limitation of liability

21. Westpac is not the provider of the Google Wallet app, Google Pay or your Android device and is therefore not responsible for the use or function of the Google Wallet app, Google Pay or your Android device (including, in respect of any inability to use Google Pay, the failure of third party merchants to accept payments using Google Pay or reductions in the level of service provided in Google Pay). You should contact the Google customer service team if you have any questions concerning the use or function of Google Pay on your Android device.

22. Westpac's obligations in respect of Westpac cards and Westpac One are set out in the relevant Conditions of Use and the General Terms and Conditions. In addition to the exclusions of liability contained in the General Terms and Conditions, to the fullest extent permitted by law, Westpac will not be liable for any direct, indirect or consequential loss or damage of any kind or disruption or interference to any property or service as a result of your use of the Google Wallet app, Google Pay, except in the case of our negligence.

23. We do not warrant the accuracy, adequacy or completeness of any information available to you about a Westpac card in the Google Wallet app. To the extent that any transaction descriptions in the Google Wallet app differ from the information presented in your monthly statements, your monthly statements prevail.

24. You agree that you will be responsible for all transactions made using your Westpac card with Google Pay following successful login to your device. In particular, you agree that each time your Android device registers a login to perform a transaction using a Westpac card in the Google Wallet app, you instruct us to perform that transaction in accordance with these Terms and the General Terms and Conditions.

25. You indemnify, and will keep indemnified, Westpac against all actions, proceedings, losses, liabilities, damages, claims, demands, costs and expenses (including all legal costs and expenses) suffered or incurred by Westpac, or for any claim brought against Westpac by a third party, that arises out of, or in connection with, your use of a Westpac card with Google Pay.

Privacy

26. The Westpac Privacy Policy explains how Westpac collects, stores, protects and uses your personal information. The Westpac Privacy Policy is available at any Westpac branch or online at westpac.co.nz. We may use such personal information for any purpose associated with your use of Westpac cards (whether through Google Pay or otherwise) and Westpac One.

27. When adding your Westpac card(s) to the Google Wallet app and using your Westpac card to make transactions through Google Pay, you agree that we will provide to Google your name as it appears on your Westpac card as well as your Westpac card details, phone number, address details and transactional information, as applicable. All information sent is for the purpose of adding your Westpac card to the Google Wallet app and for facilitating Google Pay Payments. In addition, in relation to the use of your Westpac card to make transactions with Google Pay, you agree that:

i. Google can provide us with certain information including your Android device and Google Wallet app details, personal details and location; and
ii. we can provide Google with certain information to allow Google and its service providers to operate Google Pay, to detect and address fraud, to improve and promote Google Pay and to comply with applicable laws and respond to regulatory or government inquiries. Google may store this information outside New Zealand.

If you do not agree to any of your personal information being disclosed or used in this manner you should not add your Westpac card(s) to the Google Wallet app.

28. Please review Google’s privacy policy carefully. We are not responsible for any loss, injury or other harm you suffer in connection with Google’s use of your personal information.

General

29. Nothing in these Terms has the effect of excluding, restricting or modifying rights which cannot lawfully be excluded, restricted or modified by agreement. If any provision of these Terms contravenes a law or is not enforceable, it will be removed from these Terms, but the rest of these Terms will continue in force.

30. Waiver of any power or right under these Terms must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver.

31. In the event of any inconsistency between these Terms, and any other terms and conditions that apply to your use of Westpac products and services, these Terms will prevail, but solely in relation to your use of Google Pay.

32. These Terms are governed by New Zealand law and the courts of New Zealand shall have non-exclusive jurisdiction

Contact us

33. These Terms are between you and Westpac only. Our contact details are:

Westpac New Zealand Limited
Westpac on Takutai Square
16 Takutai Square
Auckland 1010
New Zealand

Email customer_support@westpac.co.nz

Call us on 0800 888 111 (7am to 11pm 7 days a week) or +64 9 914 8026 from overseas (international charges apply)

Definitions

"Android device" is a mobile device which contains near field communication technology and the minimum required Android operating system. This can include a smartphone, tablet, watch or other device deemed eligible for the use of Google Pay.

“Google” means Google Inc. and includes its related bodies corporate and affiliates.

“Google Wallet app” means the digital wallet provided by Google which enables you to make Google Pay Payments.

“Google Pay” is how you easily pay for things online, in-apps, and in stores.

“Google Pay Payment” means a Contactless transaction by holding your Android device to a Contactless terminal until the transaction is completed and eCommerce transactions including, but not limited to, using merchants’ mobile sites, mobile applications and websites by selecting Google Pay as your payment method and any other payments allowed by Google. This also includes refunds processed using Google Pay.

Google, Google Pay and Google Wallet are trademarks of Google Inc.

Mastercard® is a registered trademark and the circles design is a trademark of Mastercard International Incorporated.