Electronic Purse: Main Terms of Service (Apple Pay/ Google Pay)


1.Interpretation of Terms


- Client- the person using the electronic purse (Apple Pay/ Google Pay) service in line with these terms;


- Electronic Purse/System-the mobile/digital payment system/service (Apple Pay/ Google Pay) allowing the users to pay by the cards registered in the device;


- Device-a mobile phone, a tablet etc. the use of which is acceptable to the Bank allowing settlement by the electronic purse;


- Authentication data- the client’s password for authorization in the system, including its   biometric data (Touch ID, face ID)or another innovative technology installed in accordance with the electronic purse regulations, PIN code etc. used for access to the system. The authentication data are analogous to the client’s signature;


- Settlement Service- the electronic purse services under its terms and conditions involving digital card payment of the price of goods and services;


- Card- under the Contract, the Visa plastic card issued by the Bank in the name of the client;


- Virtual image- electronic image of the digital card;


- Touch ID- the fingerprint identification function for the purpose of authorization of actions, including the settlement transactions. This function may be enabled, replaced or disabled by the access code;


- Pass -code- a combination of digits for obtaining access to the device;


- Cable-free communication operator- service supplier to the client providing telephone/ internet communication with the mobile network for the purpose of operation of the mobile terminal;


- Touch-free settlement- the settlement by means of the touch-free reader and the digital card;


- Digital card-the card selected and registered by the client for the electronic purse use.


2. Subject of the Standard Terms


2.1. The subject of these standard terms shall be the definition by the client of the terms of use of the electronic purse services by means of VISA cards.


2.2.Upon acceptance of these standard terms, the client shall connect the card to the electronic purse and shall be authorized to effect authorized transactions on its card account by the electronic purse.


2.3. See additional information on the electronic purse service on the Bank’s website: www.cartubank.ge.(-----------)


2.4.These standard terms 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 the information on the use of the electronic purse service;


3.1.2. consult the client on the terms of use of the electronic purse service;


3.1.3. render continuous service;


3.1.4. observe strict confidentiality of the transaction-related information;


3.2. The Bank shall have the right to:


3.2.1. block or/and suspend/terminate the card connected to the electronic purse if:

• the Bank reasonably suspects fraud;

 

• the card was blocked, suspended or cancelled;

 

• the terms of service with the account relevant to a certain card were breached;

 

• requested by the electronic purse or/and the international payment system;

 

• the contract concluded by the Bank and the electronic purse holder (its affiliated company) was terminated;

 

• etc. cases under the law of Georgia: On Prevention of legalization of Illicit Income etc. cases under the legislation.

3.2.2. The Bank shall have the right to collect information on the device, including the used application, device, model, the operational system etc. for the purpose of:

• appropriate use of the card;

 

• prevention of theft of the personal data/fraud;

 

• high quality service to the client;

 

• supply of information, which may be of interest to the client /the card holder;
  
  

3.2.3. the Bank shall be authorized to exchange information with the electronic purse owner or/and its affiliated companies for the purpose of:

• improved use of the Bank cards by the electronic purse and that of the electronic purse;

 

• detection of persons suspected of fraud or/and compromising security;

 

• suspected unauthorized/unsanctioned payments, transactions or/and breach of a term of use by the card user.
  
  

• If the client finds it unacceptable that its data be used in the way shown above, it should decline connection of its card to the electronic purse; the client shall have the right to refuse the use of its data for marketing purposes in line with the legislation;

3.2.4. periodically inspect the use of the service by the client;


3.2.5.the Bank shall be authorized to supply the client’s confidential information available to it, including the personal data, bank statement and the one on the loan account and the effected (to beeffected) transactions to another commercial bank, as well as its selected person with whom the Bank executed the confidentiality contract, on condition that the said person ensures due protection of the client’s personal data. Also, in the cases envisaged by the legislation, the client’s confidential information may be supplied to the relevant authorized person, including the auditor appointed for inspection of the financial position of the Bank, tax consultant, advisor, assessor and assistants thereof, and in case of a civil, administrative, criminal, arbitration or mediation proceedings between the Bank and the client, to the Court, whether the court session is closed or public, the relevant administrative authority, arbitration, mediators. (If the client is not a party to the proceedings, the court session is closed or if ordered by the Court, another authority, the legitimate request of a person or if the Bank’s request for a closed session/proceeding was declined) to the lawyer(s), consultant(s) and the assistants thereof, as well as for the purpose of legitimate or contracted cession/delegation of the Bank’s rights and obligations towards the client to third persons.


3.3. The client shall be obliged to:


3.3.1.use the device by the authentication methods of the card holder solely;


3.3.2. store the passcode of the device according to the safety standards and regulations as the access codes;

• avoid transfer thereof to a third person;

 

• store in the way to make it inaccessible to third persons;

 

• not to use an easily guessed or calculated passcode;

 

• store the passcode with due diligence.
  
  
  

3.3.3. ensure safe custody of the device, not to leave it unblocked, install the latest version of the antivirus etc.


3.3.4. follow the Bank’s service, safety technical instructions;


3.3.5. with an immediate effect, report to the Bank the circumstances below:

• loss or theft of the device;

 

• unexpected break in the device service, which may indicate porting of the data;

 

• suspected illicit use of its device or access of an unauthorized person to the access codes of the card;
  
  

3.3.6. at its first request, supply the Bank with the service-related information;


3.3.7. observe strict confidentiality of the service operations.


3.4. The client shall have the right to:


3.4.1.by entering the card data into the device, register the card in the electronic purse. In case of successful verification of the card, the electronic purse generates a digital card and creates its virtual image;


3.4.2. upon registration of the card in the electronic purse, the client shall be authorized to effect on its card account the authorized transactions by means of the electronic purse;


3.4.3.the client shall be entitled to receive the service-related consultation and information from the Bank;


3.4.4. waiver the service and delete the card from the electronic purse or suspend it at any time. The client acknowledges that it shall not be released from the obligation to pay for the operations performed prior to the deletion of the card from the electronic purse or/and its suspension;


3.4.5. the client shall have the right to make a claim verbally, in writing, in the standard written form or electronically;


3.4.6.the standard written or electronic claim shall be submitted in the way determined by the Bank (see: www. cartubank.ge). The electronic claims may also be sent to the Bank’s email address:info@cartubank.ge. By dialing (032)200 80 80, the verbal claims shall be communicated to the call center of the Bank. The claims in writing shall be submitted to any service center of the Bank or posted on its website: cartubank.ge; The claims shall be considered by the customer rights’ defender of Cartu Bank JSC and no later than the customer’s/client’s inquiry or if required, within1 month of its identification, the claimant (save the verbal claims) the result shall be reported in writing or electronically (as agreed with the client or similarly to the way the claim was made). The information regarding the consideration of the claim can be received by dialing 032)200 80 80; *8080.


4. Responsibility of the Parties


4.1. The Bank shall not bear responsibility for the operation of the electronic purse or/and its accessibility, the operation of the device unless caused by the irregularity of its system;


4.2. The Bank shall not bear responsibility for the damage/loss suffered by the client caused by the use of the electronic purse if resulting from an inappropriate action, breach of these terms or/and those of the use of the electronic purse;


4.3. The Party breaching the standard terms shall pay the damages in full;


4.4. The client shall be responsible for the damage/loss relevant to the breach of these standard terms or/and those of the use of the device;


4.5. The client acknowledges that a person who can unblock or use the device shall also be able to use the card added/registered in the electronic purse;


4.6. Also, the client acknowledges that if it uses a third person’s Touch or Face ID or communicates the passcode of the device in order to unblock it, it means that by doing it the client grants the right of disposal of the card connected to/added to the electronic purse, and a transaction initiated by the relevant third person shall be deemed authorized and the regulations and terms determined for an unauthorized transaction shall not be applied;


4.7. Access to, the use of and the service of the digital card shall depend on the volume of the electronic purse services and the cable-free communication operator network. Given the fact that the Bank is not the electronic purse service or the cable-free communication network operator and does not control their work, it shall not bear responsibility towards the client/additional card holder for a circumstance that may suspend, restrict etc. the operation of any digital card or inaccessibility of the electronic purse services, the cable-free communication, irregularity of the network, restricted cable-free coverage, irregularities in the electronic purse or disconnection of the cable-free communication;


4.8. The use of the digital card envisages electronic transfer of the personal by a third-party network. Since the Bank does not use or control the said networks, it does not bear responsibility for the confidentiality and security of the information;


4.9. Under the applicable laws of Georgia, the Parties bear responsibility for breach or inappropriate fulfilment of the contract terms;


4.10. The Parties shall not bear responsibility for failed or inappropriately fulfilled obligations in case of force- majeure circumstances such as:

• Natural disasters, wars, terrorist acts, military coups, lengthy armed conflicts, blockades, failure of the key power or communication facilities etc. insurmountable forces certified by the competent authorities.

 

• The government acts impeding fulfilment of the Parties’ contractual obligations.

 

• The developments, which may cause material damage to the Bank, namely: significant damage done to the building, depositary, grid, communications, computer facilities done by the fire, power and communication network accidents, theft of property etc.

 

• In case of the force majeure circumstances under this clause, fulfilment of the Parties’ contractual obligations shall be postponed until their elimination.

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.The Bank shall have the right to the immediate enforcement of the first instance Court judgment passed in its favor according to the Code of Civil Procedure of Georgia. Also, the Parties are aware of the fact that the enforcement shall not be suspended in case of a third part claim to the subject of the same dispute;


5.3.The client agrees that for the purposes of this Contract, the Bank obtain its personal data stored in the database of the Public Services Development Agency, LEPL in the way prescribed by the legislation and in the required volume;


5.4. These standard terms shall come into effect from the day of their confirmation by the client and be effective for the term of one calendar year. The term shall be prolonged automatically unless the Parties express their wish to terminate the contract;


5.5. Unless otherwise envisaged by these standard terms, the Parties rely on the applicable laws of Georgia.