Westpac Apple Pay Terms and Conditions

About these Terms

1. These Westpac Apple Pay Terms and Conditions (Terms) apply to your use of Westpac (Westpac, we, us, our) payment cards in the Apple Pay app (Apple Pay) made available by Apple Inc. and its subsidiaries and affiliates (Apple).

2. In addition to these Terms, your use of a Westpac card in Apple Pay is subject to Westpac's General Terms and Conditions (including the Westpac One App Terms and Conditions) (General Terms and Conditions), the terms and conditions relating to any cards that are loaded to Apple Pay (Conditions of Use) and Westpac's Privacy Policy. A device with the Apple Wallet app (Wallet) loaded to it is a payment instrument for the purposes of the Conditions of Use. The Conditions of Use apply to both your physical plastic card and to any card added to Apple Pay and apply to any transactions made using a Westpac card in Apple Pay.

3. Copies of the relevant Conditions of Use are available at any Westpac branch or online at www.westpac.co.nz/managing-your-money/resources/consumer-lending-terms-and-conditions/. 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.

4. Your use of Apple Pay is subject to the terms of your agreement with Apple, as well as other third party service providers (such as your data service provider).

5. Where we refer to you or your in these Terms, we mean any individual that has added a Westpac card to Apple Pay. Reference to a device means any eligible Apple device that you use to access Apple Pay.

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

7. By adding a Westpac card to Apple Pay, you agree to these Terms.

Amendments

8. We can change these Terms at any time. Notice of any such changes will be given at least 14 days in advance in at least one of the following ways:

a. by direct communication to you, for example by letter or electronic communication;
b. by message in Westpac Online Banking;
c. by displaying information in our branches;
d. by updating the Terms in the Wallet app;
e. by notice on our website; or
f. by notice in the media (including public notices).

If you continue to store or use Westpac cards in, or add Westpac cards to, Apple 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 adding Westpac cards to, and stop using Westpac cards to make transactions with, Apple Pay.

Set up and loading cards

9. To use Westpac cards in Apple Pay you must:

a. have an eligible debit or credit Mastercard® issued by Westpac; and
b. be using an eligible Apple device that is enabled for cellular or wireless internet connection and which is running the latest version of iOS, watchOS and MacOS Sierra.

Not all cards issued by Westpac are eligible to be added and used in Apple Pay. You can find a list of eligible cards in our Westpac and Apple Pay FAQs and devices at https://support.apple.com/en-us/HT208531.

10. You can load Westpac cards to Apple Pay using the Wallet app by following the procedures provided by Apple and any further procedures we may from time to time adopt in conjunction with Apple. If you are not an account holder, or are not the sole account holder, each account holder must agree to the Westpac card being registered with Apple Pay on the relevant cardholder's eligible device prior to such registration occurring. If you are not an account holder for the relevant Westpac card, you will need to call the Westpac Call Centre on 0800 888 111 in order to load the card to Apple Pay. More information regarding these procedures can be found at westpac.co.nz/apple-pay.

11. You can remove a Westpac card from Apple Pay from within the Wallet app by following Apple's procedures for removal of cards or by calling the Westpac Call Centre on 0800 888 111. You can temporarily suspend a Westpac card from use within Apple Pay by using Apple's Find My iPhone app or by calling the Westpac Call Centre on 0800 888 111.

Use of Westpac cards in Apple Pay

12. Once a Westpac card is loaded to Apple Pay, you can use the card to make contactless transactions with Apple Pay by holding your device close to the contactless terminal until the transaction is completed. Westpac cards added to Apple Pay may not be accepted outside of New Zealand or at all places where your card is accepted.

13. You may be required to enter your PIN into the terminal or sign for contactless transactions over certain minimum transaction limits. 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.

14. The PIN will be the same as that associated with the physical active card.

15. You will need to check the contactless terminal for confirmation of payment.

16. You may also use Westpac cards loaded to Apple Pay to make payments in apps or online with participating retailers.

17. Subject to our General Terms and Conditions, Westpac may immediately suspend, modify, block, restrict, terminate or withdraw your ability to use a Westpac card to make transactions using Apple 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.

18. You should always ensure that you have alternative payment capability available to you should your Westpac card be unavailable for use in Apple Pay.

Disputed or unauthorised transactions

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

Fees

20. Any fees or charges relating to your use of the relevant card will also apply to the use of the card through Apple Pay. Westpac does not charge you any additional fees for adding a Westpac card to Apple Pay or using a Westpac card to make transactions with Apple Pay. You may be charged fees from other third parties in connection with your use of Apple Pay (such as your mobile service provider for data used when using Apple Pay) and you are responsible for any such charges.

Security and maintenance

21. You must exercise every possible care to ensure the safety of your device by taking all reasonable care to prevent loss, theft and unauthorised or fraudulent use. That includes:

a. locking your device when it is not in use;
b. not leaving your device unattended;
c. not letting anyone else use your device whilst Apple Pay is enabled; and
d. ensuring up-to-date software is installed on your device.

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

23. If you have biometric identification login enabled on your Apple device any person whose biometric identification is stored on your device may be able to access Apple Pay. Accordingly, you must ensure that only your biometric identification is stored on the device if you wish to use biometric identification login to make payments using Apple Pay. Biometric identification login details are stored on your device and not by Westpac, so we cannot verify the identity of any person who uses biometric login to access Apple Pay from your device.

24. If you sell, upgrade or otherwise dispose of your device, you are responsible for ensuring you remove any Westpac cards from Apple Pay prior to such disposal.

25. If you become aware of any suspected unlawful, fraudulent or improper use of a Westpac card (whether through Apple Pay or otherwise) you must notify Westpac immediately and cooperate fully with us to investigate the same.

Limitation of liability

26. Westpac is not the provider of Apple Pay or your device, and is not responsible for the use or function of Apple Pay or your device (including in respect of any unavailability to use Apple Pay or reductions in the level of service provided in Apple Pay). You should contact the Apple customer service team if you have any questions concerning the use or function of Apple Pay (for example if you are unable to use any of your Westpac cards stored in Apple Pay) or your device.

27. Westpac's obligations in respect of Westpac cards and Westpac Online Banking are set out in the General Terms and Conditions and the relevant card Conditions of Use and Westpac's liability for transactions made with a Westpac card will be as set out in those 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 Apple Pay, except in the case of our negligence.

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

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

30. 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 in Apple Pay.

Privacy

31. 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 in Apple Pay, Westpac One and Westpac Online Banking services generally.

32. Apple (as the provider of Apple Pay) may access and use your personal information regarding the use of your Westpac cards in Apple Pay. Please review Apple's privacy policy carefully. We are not responsible for any loss, injury or other harm you suffer in connection with Apple's use of your information.

33. If you have Location Services turned on for Wallet, you will be able to see where you performed your transactions on Apple Pay in your transaction tab in Wallet. You can turn this functionality off in Location Services.

General

34. Apple, Apple Pay, Apple Wallet iOS, watchOS and MacOS are trademarks of Apple or its licensors, use of which is subject to the Apple guidelines for using Apple trademarks and copyrights.

35. 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.

36. 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.

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

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

Contact us

39. These Terms are between you and Westpac only (and not your operating service provider) our contact details are:

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

customer_support@westpac.co.nz

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