Terms and Conditions
1.1 These Terms and Conditions govern your use of a Digital Card in Apple Pay. They are in addition to and are not in substitution of the Account Terms and Conditions and KBC Terms and Conditions for Online and Mobile Account Access.
1.2 You should carefully read these Terms and Conditions before registering a Digital Card with Apple Pay. You will be required to accept these terms and conditions in order to register a Digital Card on Apple Pay.
1.3 A copy of these Terms and Conditions are available at anytime from our website www.kbc.ie
1.4 In the event of any conflict between these Terms and Conditions and the Account Terms and Conditions, the Account Terms and Conditions shall prevail unless expressly stated to the contrary. In the event of any conflict between these Terms and Conditions and the KBC Terms and Conditions for Online and Mobile Account Access, these Terms and Conditions shall take precedence.
1.5 These Terms and Conditions govern your access to and use of your Digital Card only as between KBC and you. Apple, your wireless carrier, and other third party services or websites incorporated in the Apple Payment Services may have their own terms and conditions (including the Apple Pay Terms) and privacy policies (“Third Party Agreements”) and you are also subject to those Third Party Agreements when you give them your personal information, use their services or visit their respective websites. It is your responsibility to ensure you agree with these Third Party Agreements before activating or using a Digital Card through Apple Pay.
2. Definitions and Interpretation
2.1 In these Terms and Conditions:
Account Terms and Conditions mean the terms and conditions applicable to the account in connection with which the Digital Card has been issued.
Apple means a California corporation, having a principal place of business at 1 Infinite Loop, Cupertino, California 95014 USA, who have manufactured the Enabled Device and who you have entered into an agreement with to provide Apple Payment Services.
Apple Pay means the Apple Payment Services.
Apple Pay Terms means the Apple iOS Software Licence Agreement and Apple Pay Supplemental Terms and Conditions entered into between you and Apple.
Card Account means the applicable KBC current account or the KBC credit card agreement relating to your debit card or credit card.
Contactless payment means a payment where the Digital Card is tapped onto a contactless reader.
Digital Card means an Eligible Card that you have selected and registered to use with Apple Pay.
Eligible Card means a physical KBC Credit MasterCard or KBC Debit MasterCard.
Enabled Devices means a payment supported iOS Device.
In-app means the ability to make a purchase within a mobile application with merchants who provide payment services via Apple Pay in their apps.
Personal Security Details means your Apple Pay passcode and touch identification
Push Notification means the communication message capability on your Enabled Device.
Security Materials means Apple User ID, Apple Passwords, biometric data (including Touch ID) and any other means that you may from time to time have to access Apple Pay.
Supported iOS Devices means an Apple iOS device that supports Apple Pay.
Third Party Agreements means Apple, your wireless carrier and any other third party services or websites incorporated into Apple Pay, which have their own terms and conditions (including Apple Pay Terms) and privacy policies.
Touch ID means a fingerprint recognition feature used to authenticate Apple Pay activities such as transactions and can be set up or amended using the Enabled Device pass-code.
Virtual Representation(s) means an electronic replica of an Eligible Card held on an Enabled Device.
Wireless Carrier means the customers’ service provider which provides their mobile phone connection to the mobile network for the Enabled Device to operate.
2 In these Terms and Conditions, unless the context otherwise requires, a reference to:
2.2.1 clauses and schedules are to clauses of, and schedules to these Terms and Conditions, and the words “hereunder”, “hereof” , “hereto” and words with similar meaning shall be deemed to be references to these Terms and Conditions as a whole and not to any particular recital, clause or schedule of these Terms and Conditions;
2.2.2 the singular include the plural and references to the plural include the singular; and references to the male include the female and references to the female include the male; and references to the neuter singular gender throughout these Terms and Conditions shall include all genders and the plural;
2.2.3 any statute or statutory provision shall be construed as a reference to the same as it may have been, or may from time to time be, amended, modified or re-enacted and shall include references to any provisions of which they are re-enacting (whether with or without modification);
2.2.4 any other document referred to in these Terms and Conditions is a reference to that other document as amended, varied, novated or supplemented or replaced (other than in breach of the provisions of these Terms and Conditions) from time to time; and
2.2.5 any party include its successors and permitted assigns.
2.3 Unless the context otherwise requires or it is expressly otherwise defined herein, terms used in the Account Terms and Conditions shall have the same meaning when used herein
2.4 Headings and titles are for convenience only and do not affect the interpretation or construction of these Terms and Conditions.
2.5 In these Terms and Conditions, we may use examples to illustrate or explain something covered by a clause however the clause and the meaning thereof is not limited to those examples.
3. Information About Apple Pay
3.1.1 Apple Pay is a service provided by Apple whereby you can create a Visual Representation of an Eligible Card on your Apple iOS device which enables you to carry out contactless transactions, In-app purchases or other electronic payments.
3.1.2 The access, use and maintenance of your Digital Card are dependent on the Apple Pay service and the network of your Wireless carrier. We do not operate Apple Pay or the networks used and have no control over their operation, functionality or reliability.
3.1.3 We shall not be responsible or liable for any malfunction, fault, suspension, breakdown, interruption, operational or technical problem with any system or service (including without limitation Apple Pay and the networks used by your Wireless carrier) used to process transactions using your Digital Card.
3.1.4 You acknowledge and agree that Apple Pay features and functionality of your Digital Card maybe changed, automatically updated or upgraded from time to time without further reference to you.
4. Registering your Digital Card
4.1 You may only register and use an Eligible Card which is in your name and which is valid. You cannot use an Eligible Card which has been blocked, suspended or cancelled.
4.2 To register and use a KBC Debit Card as an Eligible Card you must be over the age of 17. In respect of KBC Credit Cards if you are an Additional Cardholder under the age 18 you must have the consent of the Principal Cardholder in order to register and use the Eligible Card as a Digital Card. By registering and using the Eligible Card as a Digital Card you are confirming that you have received this consent.
4.3 Equipment required
4.3.1 You must only use the Digital Card on an Enabled Device which has Apple Pay. Your are responsible for ensuring that you have an Enabled Device in order to use your Digital Card through Apple Pay. You should contact Apple if you have any queries or questions about the supported iOS Devices, the Apple Pay Service or the minimum software and/or hardware requirements.
4.3.2 We do not offer any support or assistance and are not responsible or liable for any third party device, hardware, software or other product or service including without limitation Apple Pay and your Enabled Device. If you require support you should contact the appropriate third party provider for assistance and in particular if you have any queries in relation to Apple Pay (other than the use of your Digital Card) these should be directed to Apple.
4.3.3 Before you register for Apple Pay you must check that only your fingerprints are registered to your iPhone for Touch ID as any fingerprints registered to your iPhone will be considered authorised to make transactions relating to your Card Account. If the fingerprint of another person is used to unlock or make transactions on your Enabled Device these will be assumed to be authorised by you.
4.3.4 In order to register your Eligible Card as a Digital Card you will need to input your personal details, Card Account information and Eligible Card details into Apple Pay on your Enabled Device.
4.3.5 When you register the Eligible Card as a Digital Card you will be asked to accept and agree to these Terms and Conditions.
4.3.6 We may permit an Eligible Card to be registered as a Digital Card to a number of Enabled Devices. We may also permit Eligible Cards of different KBC account holders to be registered to the one Enabled Device. Although we may permit the Eligible Cards of different KBC account holders to be registered to the one Enabled Device, we would warn you against sharing your Personal Security Details and Credentials with anyone.
4.3.7 When you register and use your Digital Card, you consent and agree to receive service related messages, notices and communications in connection with the Apple Pay service from us to your Enabled Device. These may be sent by way of text message, email (to the address we hold on file for the Eligible Card) or through the message functionality of Apple Pay.
4.8 On the expiry date of an Eligible Card, your Digital Card will automatically be updated with the details of the new Eligible Card which has been issued to you as a replacement for the expired Eligible Card.
5. Using your Digital Card on Apple Pay
5.1 Making Payments
5.1.1 You may use your Digital Card to make the following type of payments:-
(i) contactless payments where you will authorise payments by placing your Enabled Device by the merchants contactless enabled point of sale terminal.
(ii) In-app or other online retail payments by selecting the Apple Pay option and selecting your Digital Card from your Wallet.
5.1.2 The use of your Digital Card to make payments is dependent on the merchant or retailer with whom you are carrying out the transaction having the required technology to facilitate payment using Apple Pay
5.1.3 Any payment you make using your Digital Card will be processed and deducted from your Card Account in the same manner as all other payments from the Card Account and the Account Terms and Conditions apply to all payments made using your Digital Card. If you authorise a payment using your Digital Card the payment is irrevocable but the retailer or merchant may agree to refund you.
5.1.4 Additional Cardholders
In respect of a Digital Card which is a Credit Card, the Principal Cardholder is liable for any payments and transactions made using the Digital Card by an Additional Cardholder
5.1.5 Joint Accountholders
In respect of a Digital Card which is a Debit Card where the Card Account is a joint account, the Joint Accountholders are jointly and severally liable for all payments and transactions authorised using the Digital Card.
5.1.6 The use of your Digital Card to make a payment shall be taken as conclusive evidence that you authorised the payment. We accept no responsibility or liability for any loss, damage, or expense you may incur as a result of you authorising or being deemed to have authorised a payment using your Digital Card.
5.2 Viewing Information
5.2.1 You can use Apple Pay to view information in relation to the payments that have been made using your Digital Card. You will be able to view the last ten transactions made with the Digital Card. The information available on Apple Pay will not include the balance on your Card Account or any other transactions you have carried out on the Card Account. To review all transactions on your Card Account you should access the KBC online or mobile banking service.
5.2.2 The information available through Apple Pay is the information as at the relevant close of business on the Business Day prior to the day on which the information is viewed therefore the balance may not be appropriately adjusted to include payments made using your Digital Card since the close of business on the previous day.
5.3 We reserve the right at any time without further notice to you to expand, limit, amend or suspend the type and/or amounts of transactions that are permitted using the Digital Card or amend the registration process or eligibility criteria for a Digital Card. These changes will not affect the features or functionality of your Card Account which will only be made in accordance with the Account Terms and Conditions.
6.1 Your are required to take all reasonable steps and to exercise due care to ensure the security, safety and confidentiality of your Enabled Device, the Digital Card including without limitation your Personal Security Details and Credentials. Failure to take such reasonable steps and or exercise due care will be considered gross negligence.
6.2 You must not disclose your Credentials or Personal Security Details whether directly or indirectly to any other person or note them in any form that would be intelligible or otherwise make them accessible to any other person including asking your Enabled Device to remember any of your Credentials or Personal Security Details. You should make your security details for your Digital Card different to those you use to operate the Card Account and do not keep your Eligible Card with your Enabled Device. You should change your Personal Security Details and Credentials regularly.
6.3 If at any time you lose your Enabled Device, your Eligible Card or suspect or have reasonable reason to believe that your Digital Card, your Credentials or Personal Security Details have been compromised, lost, stolen, copied or misappropriated or are being used in an unauthorised manner you must contact us immediately by telephone at 1 800 939244. If you suspect or have reason to believe that your Credentials or Personal Security Details have been compromised, lost, stolen, copied or misappropriated or are being used in an unauthorised manner you must immediately change your Personal Security Details, Credentials and check that only your fingerprints are authorised for Touch ID.
6.4 You hereby agree to provide all necessary information and assistance and to co-operate fully with all investigations carried out in connection with the loss, theft or misappropriation of your Digital Card, Credentials and or Personal Security Details including those carried out by us internally and those carried out by the Garda Siochana or other third party investigative authority. Where you are victim of fraud we may require you to report it to An Garda Siochana and you hereby authorise us to inform and disclose all relevant information in connection with the loss, theft or misappropriation of your Digital Card, Credentials and or Personal Security Details to any appropriate third party.
6.5 Apple Pay and your Enabled Device may use certain security features and procedures to protect against unauthorised use of any of your Digital Cards. These features and procedures are the sole responsibility of Apple and you agree not to disable any of these security features and to use these security features and procedures to safeguard all your Digital Cards.
6.6 If you get a new Enabled Device you must delete all Digital Cards and any personal information from your old Enabled Device. You can do this using iCloud or by contacting us at 1800 939244.
Privacy and Data Protection
7.1 When creating your Digital Card, we collect certain information from Apple to verify your identity and for anti-fraud purposes. This information will be held by us for so long as required to fulfil this purpose.
. Should there be any conflict between these Terms and Conditions
7.3 We may disclose aggregated or anonymised information relating to your card transactions for the purposes of assisting Apple to improve and develop its technology, including Apple Pay. We will not share any personal data in relation to you or your individual transactions with Apple.
7.5 When using your Digital Card we may send you push notifications to inform you of your account activity, please turn off these push notifications using the settings on your Enabled Device if you do not wish to receive them. To protect your privacy you may also opt not to have your transaction data displayed on your Enabled Device, you can select this option through Apple Pay.
7.6 You are advised that information transmitted electronically over the internet using your Enabled Device may not be secure, remain confidential or be delivered correctly. It may also be corrupted and is liable to interference from third parties. While we have taken reasonable and appropriate security precautions, we cannot guarantee the privacy or confidentiality of the information passing by such methods and are not accountable, liable or responsible for the confidentiality, accuracy or reliability of messages sent or received by email over the internet in connection with the Digital Card.
7.7 You acknowledge that the acceptance of the terms and conditions shall be sufficient consent for the purposes of the Data Protection Acts 1998 and 2003 ('DPA').
8.1 There is currently no cost for using your Digital Card however we retain the discretion to charge for the use of your Digital Card in the future.
8.2 If you carry out transactions on your Card Account using your Digital Card, the usual transaction charges as set out in our Fees and Charges Booklet are applicable and will be charged in accordance with the Account Terms and Conditions.
8.3 You should note that all third party charges incurred by you in connection with using the Digital Card such as mobile, SMS, wireless and data charges are at your cost and we have no liability or responsibility to you in respect of these.
9. Indemnity and Limitation of liability
9.1 You agree to be bound by these Terms and Conditions as may be amended from time to time and to indemnify KBCI in connection with any loss, or damage arising or occasioned by your breach or that of a third party of these Terms and Conditions.
9.2 KBCI, to the fullest extent permitted by law, is not accountable for and does not accept any liability or responsibility for any loss, damage (including without limitation, incidental, punitive, exemplary, special or consequential damages, loss of profit or damages resulting from lost date or business interruption) or expense resulting from
(a) using the Digital Card whether with or without authorisation;
(b) the performance, functionality, non-performance, unavailability, inaccessibility, or corruption of the Digital Card and/or Apple Pay;
(c) communicating with us or transmitting instructions to us using Apple Pay
(d) any fraudulent or unauthorised transaction on the Card Account being made using the Digital Card provided that the fraudulent or unauthorised transaction has been authenticated with your Personal Security Details and Credentials ; and
(e) the use of Touch ID functionality to access or carry out transactions using the Digital Card.
10. Suspension, Cancellation and Termination
10.1 In addition to any rights of termination, cancellation, suspension and closing of your Card Account that we have under the Account Terms and Conditions we may immediately cancel, suspend, restrict, block or terminate any Digital Card if: -
10.1.1 your Card Account is closed;
10.1.2 you commit a breach of these Terms and Conditions, the Account Terms and Conditions, the Apple Pay Terms and/or any Third Party Agreements;
10.1.3 you use or if we suspect that the Digital Card is being used for any unlawful, fraudulent or other inappropriate purpose;
10.1.4 we must do so to comply with any law, regulation or direction from a relevant competent authority or court;
10.1.5 for any reason these Terms and Conditions become unenforceable or void;
10.1.6 Apple discontinues, stops supporting or terminates Apple Pay; or
10.1.7 it becomes unlawful for you to continue to have the Digital Card.
10.2 In addition to the above we may cancel your Digital Card and/or stop supporting the Digital Card through Apple Pay and/or discontinue participating in Apple Pay for any reason by providing you with two months prior notice.
10.3 You may discontinue using your Digital Card and remove it from Apple Pay at any time by following the instructions in Apple Pay however you authorise us to process and you will remain liable for all outstanding transactions on your Digital Card at the time you cancel the Digital Card.
10.4 Please note that Apple reserve the right to block, suspend, cancel or terminate your Digital Card without reference to us. We shall not be liable or responsible to you or any third party for any loss, damage, costs or expenses arising therefrom.
11.1 Amendments and Variations
(i) We reserve the right to amend these Terms and Conditions from time to time for such reasons as we deem reasonable and necessary. In particular we may amend these Terms and Conditions due to changes in functionality of the Digital Cards or Apple Pay, in legislation or regulation applicable to us or the operation of the Card Account and/or there is a change in technology and/or banking practice generally or as otherwise considered by us as reasonably necessary.
(ii) We will give you at least two months’ notice of such amendments or variations unless otherwise permitted by law. Unless we are required by law to use a particular medium, notice will usually be provided via email, our website or we may place an advertisement in at least 2 daily national newspapers outlining the changes.
(iii) If you do not accept the amendment or variation to these terms and conditions, you will have the option to remove any of your Digital Cards from Apple Pay. If you continue to use your Digital Card after the end of the notice period referred to in 11.1 (ii) above you will be deemed to have accepted the amendments or variations to these terms and conditions
(i) Letters to KBCI can be posted to or delivered by hand and should be addressed to KBC Customer Services, KBC Bank Ireland plc., PO Box 12421, Sandwith Street, Dublin 2.
(ii) Any notices, demands or statements sent to you shall, if sent by prepaid ordinary post be deemed given to you 48 hours after it was sent to your last known address or if given by hand, when delivered and if given by telefax or facsimile, when transmission is completed and confirmation receipt is received.
(iii) Any notice required to be served by you in connection with this agreement can be served by sending such notice by prepaid ordinary post to KBC Bank Ireland plc, Sandwith Street, Dublin 2, addressed to the Head of Retail Banking and shall be deemed given by you to us 48 hours after posting.
11.3 Force Majeure
We will not be in breach of our obligations under these Terms and Conditions nor liable to you if we are prevented from or there is a delay in providing any service (including without limitation Apple Pay) to you or performing any of our obligations hereunder (including carrying out any transactions using the Digital Card) where such failure or delay arises because of any act of God, fire, act of government or state, war, terrorism, civil commotion, insurrection, embargo, failure of computer or communication system, prevention from or hindrance in obtaining energy or other supplies, labour disputes of whatever nature, late or mistaken payment by an agent or any acts or omissions of our agents or third parties or any other reason beyond our control.
You may not assign or otherwise transfer any of your rights, benefits or obligations under this agreement. We may (without the need for any further consent from or notice to you) assign, transfer, mortgage, novate, charge or otherwise grant interests in or dispose of the whole or any part of our rights, benefits and obligations in connection with this agreement and the Card Account and any reference to us in this agreement shall be deemed to include any assignee, transferee, novatee, mortgagee, chargee, grantee or other disposee and our successors who shall be entitled to enforce and proceed upon and exercise all rights, powers and discretions under this agreement in the same manner as if named herein
No time or indulgence which we may extend to you nor any waiver by us of any condition of the Terms and Conditions shall affect our rights and powers thereunder or affect our ability to enforce that term or condition at any time in the future.
Each of the clauses, sections and sub-sections of the Terms and Conditions is severable and distinct from the others. If at any time such clause, sections or sub-sections is or becomes invalid, illegal or unenforceable, this will not affect the validity, enforceability and legality of any of the other clauses, sections and sub-sections of these Terms and Conditions.
11.7 Entire Agreement
You acknowledge that the registration and use of the Digital Card is made on the basis of these Terms and Conditions and is subject to these Terms and Conditions together with Account Terms and Conditions and our Fees and Charges Booklet and that you have not relied on any representations or other information (whether oral or written) other than as set out herein.
11.8 Governing Law and Jurisdiction
(i) The laws of Ireland apply as the basis for establishing relations with you prior to entering into any agreement with you.
(ii) You agree that the use of the Digital Card and these Terms and Conditions (including any amendments made thereto) shall be governed by and construed in accordance with the laws of Ireland and that the courts of Ireland shall have exclusive jurisdiction to resolve any disputes arising out of or in connection therewith.