APPLE PAY: Main Terms of Service
Tbilisi --- ----- 2022
“Cartu Bank” JSC (hereinafter - Bank), represented by --------------------- (P/N -------------), the Director, acting on the grounds of Service Center Regulation and the power of attoney, on the one hand and ------------------------ (P/N -----------, hreinafter - Client), on the other, jointy Parties, conclude this Contract on the following:
1. Interpretation of Terms
- Apple - Apple, Apple Inc, the legal entity registered in the USA (address: 1 Infinite Loop, Cupertino, California 95014 USA);
- The Apple Device – a device, such as iPad, iPhone etc. manufactured by Apple or its afiliated companies the use of which sanctioned by the Bank and which can be used in the Apple Pay settlement;
- Apple Pay/Syetem – the mobile/digital payment system/service created by Apple, which makes it possible for the users to pay by the cards registered in the Apple device;
- Authentication Data – the client’s password in Apple Pay for the purpose of authorization (including the biometric data (Touch ID), face image of the client) or etc. new technology supplied by Apple Pay, installed in line with the Apple Pay regulations, PIN code etc. data used for logging in the system. Authentication data are the analog of the client’s signature;
- Settlement Service – the Apple Pay service(s) set out in its terms and regulations implying payment of the price of goods and service by the digital cards;
- Card – the Visa bank plastic card issued by the Bank to the Client on the grounds of the relevant contract;
- Virtual Image – e-image of the digital card;
- Touch ID Log in – identification of the finger print for confirmation of the Apple Pay operations, including the settlement. The function may be activated, replaced or disabled by means of the Apply device access code;
- Face ID Log in – face identification for confirmation of the Apple Pay operations, including the settlement. The function may be activated, replaced or disabled by means of the Apply device access code;
- Passcode – the security code - combination of digits for the purpose of access to the Appe device;
- Wireless Communication Operator – the Client’s service provider that ensures telephone/Internet communication with the mobile network for the purpose of operation of the mobile terminal;
- Contactless Settlement – the settlement by a contactless reader device and the digital card;
- Digital Card – the registered card selected by the Client for the purpose of use in Apple Pay.
2. Subject of the Contract
2.1. The subject of this Contract shall be determination of terms of Apple Pay service by VISA Cards.
2.2. Upon acknowledgment of the terms of this Contract, the Client shall have its card connected to Apple Pay and be authorized to effect authorized card account transaction by means of Apple Pay.
2.3. See additional information on the use of Apple Pay service on the Bank website: www.cartubank.ge.
2.4. This Contract shall be an integral part of the Bank Product Service Contract concluded with the Client.
3. Rights and Obligations of the Parties
3.1. The bank shall be obliged to:
3.1.1. supply the Client with the information relevant to the use of the Apple Pay service;
3.1.2. consult the Client regarding Apple Pay service terms;
3.1.3. render the continuous service;
3.1.4. keep the transaction-related information strictly confidential.
3.2. The Bank shall be authorized to:
3.2.1. block or/and suspend or terminate the card connected to Apple Pay if:
- the Bank reasonably suspects a fraud;
- the card is blocked, suspended or/and cancelled;
- the service terms relevant to the card account are breached;
- requested by Apple Pay or/and International Payment System;
- the contract executed by and between the bank and Apple (or its affiliated company) is terminated;
- there are grounds specified in the illicit income legalization prevention legislation of Georgia;
- etc. cases under the Laws.
3.2.2. The Bank shall have the right to gather the nformation on the Apple device (including the application, device, model, operational system etc.) for the purpose of:
- approprtae use of the card;
- prevent theft/fraud of the personal data;
- high quality service to the client;
- supply of information on the serices, which may be of interest to the client/card holder.
3.2.3. The Bank shall have the right to exchange the information with Apple/Apple Pay for the purpose of:
- improved the bank card use service by Apple Pay and, generally, the Apple Pay service;
- identification of a suspected fraud or/and compromized security;
- suspected unsanctioned/unauthorized card payments, operations or/and breach of a card use term by the card holder.
If the Client does not agree to the use of its data in the aforementioned way, it shall decline connection of its card to Apple Pay. Under the relevant legislation, the Client shall have the right to refuse the use of its data for marketing reasons.
3.2.4. perdiodically inspect observation of the service use terms by the Client.
3.2.5. The Bank shall have the right to ransfer the Client’s confidential information available to it, the personal data, bank statement and the information on the credit account/effected (prospected) transactions to another commercial bank, as well as the third person selected by the Bank with whom the Bank executed the confidentiality contract providing the said person ensures appropriate protection of the Client’s personal data; in a case specified in the relevant legislation, the Bank may transfer the Client’s confidential information to the relevant authorized person, such as an auditor, a tax consultant, an adviser, an assessor and their staff involved in the inspection of the Bank’s financial standing; in case of a Court dispute between the Bank and the Client (civil, administrative, criminal, arbitration or mediation proceedings), the Bank shall transfer the Celint’s confidential information to the Court, the relevant administrative authority, Arbitration, mediators whether a Court session is closed or public; if the Client is not a party to a dispute, if the session/proceedings are closed or there is a legitimate request of the Court/anoter authority/person, as well as if the Bank requested that the session/proceedings are closed/confidential but was refused, the said information may be trasferred to the lawyer(s), concultant(s) and their staff for the purpose of legitimate or contract-based delegation/transfer of the Banks rights and obligations towards the Client to the third persons.
3.3. The Client shall be obliged to:
3.3.1. ensure use of the Apple device by employing the card holder’s authentication methods;
3.3.2. ensure safe custody of the Apple device passcode in line with the security standards, to which end the Client:
- shall not pass te access code to a third person;
- ensure their preservation in the way so that they are nont accessible to third persons;
- shall not use an easily guessed or computed passode;
- shall use due diligence while storing the passcode.
3.3.3. ensure the security of the Apple device, not to leave the unblocked Apple device, install the updated antivirus etc.
3.3.4. follow the service, security etc. technical instructions of the Bank;
3.3.5. with an immeidta effect, notify the Bank about the circusmtances below:
- loss of theft of the Apple device;
- unexpected disconnection of the Apple device service, which may be an indication of porting the data;
- suspected illicit use of its Apple device or access to the card access codes by an unauthorized person.
3.3.6. at the Bank’s first request, supply it with the service-related information;
3.3.7. keep the operation-related information strictly confidential.
3.4. The Client shall have the right to:
3.4.1. register the card by entering the card data into the Apple device; in case of successful verification of the card, Apple Pay creates a digital card and its virtual image in the Apple Pay.
3.4.2. upon registration of the card in the Apple Pay, the Client shall have the right to effect authorized card transactions by means of Apple Pay. For the purpose of payment, upon selection of the desired digital card in the system and taking possession close to contactless terminal or reader in a retail facility, the Client shall confirm payment by entering the authentication data.
3.4.3. the Client shall have the right to be consulted by the Bank and supplied information on use of the service.
3.4.4. at any time, decline the service and delete its card from Apple Pay or suspend it. The Client acknowledges that it shall not be released from the obligation to pay the sums and commissions for the transactions it effected prior to deletion and/or suspension of the card from the Apple Pay.
3.4.5. the Client shall have the right to make a claim (verbal, in writing or electronic). A standard claim in writing and an e-claim shall be posted on the website: www.cartubank.ge. The e-claims may also be sent to the email of the Bank (email@example.com). A verbal claim shall be received by the call center at (032) 200 80 80; *8080. A claim in writing may be submitted at the Operations Departmet of a service center of the Bank or posted on www.cartubank.ge. The defender of the customers’ rights of Cartu Bank JSC shall consider the claim and no later than 1 month from its receipt or, if required, identification of the customer, the response shall be reported to the claimant (save the verbal claims) in writing or by email (as agreed with the customer or in the same way as the claim was made). Information on the investigation of the claim may be obtained at the call center by dealing (032) 200 80 80; *8080.
4. Responsibility of the Parties
4.1. The Bank shall not bear responsibility for the operation or/and availability of Apple Pay or the operation of the Apple device, if it is not connected to the irregularity of the Bank system.
4.2. The Bank shall bear no responsibility for the Client’s damage/loss caused by the use of Apple Pay, if the damage/loss ensued from inappropriate action of the Client or breach of these terms or/and the terms and condition of Apple Pay.
4.3. A Party in breach of the contract terms shall pay the relevant damage in full.
4.4. The Client shall bear responsibility for the damage/loss, which may have resulted from the breach of this Contract or/and operation manual of the device.
4.5. The Client aknowledges that a person, who can unblock and use the Apple device shall also be able to use a card added/registered in Apple Pay.
4.6. Also, the Client aknowledges that, if, in order to unblock the Apple device it uses a third person’s Touch ID, face identification system or shares the Apple device passcode with a third person, the Client authorizes the third person to dispose of the card/additional card conected to Apple Pay, and a transaction initiated by the said third person shall be deemed authorized and the regulations and terms defined for an unauthorized/unsanctioned transaction shall not apply.
4.7. Accessibility, use and service of the digital card shall depend on the volume of the Apple Pay service and operator’s wireless connection network. Since the Bank is not the service or wireless connection network operation of Apple Pay and has no control over it, the Bank shall not be responsible towards the Client/the additional card holder for a circumstance, which may suspend, limit etc. operation of a digital card, including inaccessiblity of the Apple Pay services, wireless connection, network disturbances, restricted coverage, irregular operation of Apple Pay and loss of the wireless connection.
4.8. Use of the digital card envisages e-transfer of personal information via a third party network. Since the Bank does not operate or control this type network, it shall bear no responsibility for the confidentiality and safety of the information.
4.9. According to the applicable Laws of Georgia, the Parties shall be responsible for the breach and inappropriate fulfillment of the Contract terms.
4.10. The Parties shall be released from responsibility for the breached or inappropriately fulfilled contractual obligations in case of the force-major circumstances, such as:
- natural disasters, wars, terrorist acts, coups, armed conflicts, blockades, lengthy failure of the key communication units certified by the relevant state authorities;
- government acts, which impede fulfillment of the Parties’ contractual obligations;
- development, which may cause significant loss to the Bank, namely: substantial damage done to the Bank facility, vault, grid, communication, IT-equipment resulting from a fire, power and communication network failure, theft of property;
- in case of force-major events under this Contract, fulfillment of the Parties’ contractual obligations shall be delayed until the elimination thereof.
5. Additional Terms
5.1. A dispute between the Parties shall be negotiated. In case of a failed agreement, the dispute shall be heard at the Common Courts of Georgia.
5.2. According to the Code of Civil Procedure of Georgia, the Bank shall have the right to immediate enforcement of the First Instance Court resolution. The Parties acknowledge that in this case, the enforcement shall not be suspended on the grounds of a third person claim regarding the subject of dispute.
5.3. The signatory to this Contract agrees that for the purposes of this Contract and as required for achievement of the objective of this Contract, the Bank obtain its personal data from database of the State Services Development Agency LEPL as prescribed by the legislation.
5.4. This Contract shall come into effect on the day of its signing by the Parties and be valid within one calendar year. The terms shall be prolonged automatically unless the Parties express their wish to terminate it.
5.5. The Parties shall finally settle accounts within ten business days from the termination of this Contract.
5.6. This Contract shall be deemed terminated upon settlement of all the organizational, technical and financial issues.
5.7. This Contract shall be amended and expanded in writing. The Bank shall be entitled to the unilateral termination of this Contract or change of a term thereof by dispatching 1 (one) month prior notice to the Client via a communication means of its convenience, including remote communication, posting the notice on the Bank website or/and putting it up at its Head Office or service centers. Notification is also possible in any other way specified in this Contract.
5.8. Unless otherwise envisaged by the terms of this Contract, the Parties shall rely on the applicable Laws of Georgia.
5.9. This Contract shall be drawn up in the Georgian language in two equally valid counterparts each for each Party.
Signatures of the Parties:
Bank: “Cartu Bank” JSC
Address: 39a Chavchavadze Ave.
Tel: 2 00 80 80