United Overseas Bank Limited Terms & Conditions for Apple Pay
1. These Terms
1.1 The following terms and conditions ("Terms") govern your use of your Digitised Card in Apple Pay or Apple related features and services (collectively, "Apple Pay") available on Apple Supported Devices. These Terms form a legal agreement that is binding between you and United Overseas Bank Limited ("Bank" or "we") when you create, activate and/or use your Digitised Card in Apple Pay.
1.2 These Terms supplement, are additional to and are to be read together with: (a) the UOB Cardmember Agreement; (b) UOB Debit Cardmember Agreement; (c) UOB Corporate Cardmember Agreement; (d) UOB Business Debit Cardmember Agreement; and (e) the terms and conditions of any other document or agreement governing your relationship with us (collectively, (a) to (e) above are referred to as the "Other Terms").
1.3 In the event of any inconsistencies between these Terms and the Other Terms, these Terms shall prevail over the Other Terms in respect of matters relating to your use of your Card in Apple Pay.
Please read these Terms carefully before creating, activating and/or use your Digitised Card in Apple Pay. If you do not agree to these Terms, you must not create, activate and/or use your Digitised Card in Apple Pay.
2. Use of Digitised Card
2.1 Apple Pay enables you to digitize your Card on your Apple Supported Devices so you can use your Apple Supported Devices to make: (i) contactless payments at merchants' contactless-enabled point-of-sales terminals that accept contactless payments; (ii) in-app commerce payments at merchants participating in the Apple payment services; and (iii) cash withdrawals from our ATMs that allow contactless withdrawals (collectively, "contactless transactions or in-app payment transactions").
2.2 The Apple Pay can only be accessed and used through the Apple Supported Devices that is compatible. Please contact Apple directly if you have questions about the Apple Supported Devices that can be used with Apple Pay.
2.3 The Digitised Card can be used for contactless or in-app payment transactions for amounts not exceeding your Credit Limit (as defined in the UOB Cardmember Agreement and/or UOB Corporate Cardmember Agreement), Card Limit (as defined in the UOB Debit Cardmember Agreement and/or UOB Business Debit Cardmember Agreement), or such other limit as determined by us from time to time at our sole discretion.
2.4.1 By selecting a Digitised Card and placing your Apple Supported Devices near a merchant's contactless-enabled point-of-sale terminal or reader; or using that Digitised Card for an in-app purchase, you are authorizing the payment transactions for the merchant's products or services with that Digitised Card through Apple Pay.
2.4.2 By selecting a Digitised Card and placing your Apple Supported Devices near our ATMs, you are giving an irrevocable and binding instruction to withdraw from your relevant UOB current and/or savings account which is linked to the Card, and subject to the terms and conditions governing that account.
2.5 By using the Digitised Card for contactless transactions or in-app payment transactions, you agree and undertake to use the Digitised Card in accordance with these Terms, you accept the risk that activating Digitised Card on your Apple Supported Devices may lead to unauthorised contactless transactions or in-app payment transactions using your Digitised Cards through Apple Pay, and you will solely be liable for all contactless transactions or in-app payment transactions made using the Digitised Cards, notwithstanding that your Apple Supported Devices may have been used by any other person without your knowledge, authority or consent.
2.6 The functionality of any Digitised Card may be automatically updated, amended, suspended or cancelled without any prior notice to you at our sole discretion.
3.1 By digitising your Card, you represent and warrant that you are the person to whom the Card was issued to by the Bank.
3.2 We may permit you to add the same Card to multiple Apple Supported Devices, the exact number to be determined by us from time to time. You must agree to these Terms each time you digitise your Card on any of your Apple Supported Devices. Please contact Apple directly to find out about any limitations or restrictions imposed on Apple Pay including any minimum software and hardware requirements.
4. License for Digitised Card
The Digitised Card remains our property. The Digitised Card is licensed, not sold, to you for use only in accordance with these Terms. You are granted a non-exclusive, non-transferable, non-sub-licensable, personal license to enable, access and use the Digitised Card on your Apple Supported Devices in accordance with these Terms. The provision of Digitised Card may include software that is licensed by third parties ("Third Party Licensors"). You shall not use any Digitised Card in a manner which infringes the rights of the Third Party Licensors in any way and will be personally liable for all uses of any Digitised Card which may potentially infringe upon the rights of the Third Party Licensors. All third party intellectual property marks, including logos of merchants, are the property of their respective owners. Your rights under the limited license granted under these Terms will immediately terminate if you fail to comply with these Terms, or if the Digitised Card is terminated by the Bank.
5. Privacy and Security
When creating your Digitised Card, we collect certain information from Apple to verify your identity, to enable you to use a Digitised Card and facilitate your participation in the Apple Pay.
You authorize us to collect, use and share your information in accordance with the applicable Privacy Notice (Individual), as they may be amended from time to time, and which are available at our website. We only share aggregated or anonymized information relating to your transactions with Apple for these purposes, and in order for Apple to improve and develop its technology, including Apple Pay. We will display certain account information relating to each Card you have selected to digitize to use in Apple Pay, including your most recent transaction data, but not your full Card Account number. You may decline to have the transaction data made available for display and still use Apple Pay, but you must turn off this feature manually through Apple Pay. You agree that we may also collect and use technical data and related information, including, but not limited to technical information about your Apple Supported Devices gathered periodically to facilitate the updates to our services. We may use this information as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you
5.2 Push Notifications
You may receive push notifications from us from time to time reflecting your Card Account activity. If you do not wish to receive notifications, you may turn off these notifications through the device Settings on your Apple Supported Devices.
5.3 What Others Collect
We are not responsible for the Apple Pay or any other services offered by your wireless carrier or any third party. Accordingly, any information you provide to Apple through Apple Pay, or that is collected or accessed by Apple in the course of your use of any Digitised Card or Apple Pay, is subject to third party terms and conditions, and is not governed by our Privacy Notice or these Terms or the Other Terms.
5.4 Lost, Stolen or Unauthorized Use of your Apple Supported Device
You must report to us immediately if you suspect or become aware that your Apple Supported Device or credentials have been lost, stolen, misused, tampered with or compromised in any way or an unauthorized person has used or may use your credentials without authorization. Also change your credentials immediately to avoid any unauthorized use of a Digitised Card or of your personal information.
In the event of any loss, theft or disclosure of your credentials or your Apple Supported Device, you are responsible for all transactions made by anyone using your Digitised Card until we receive your notification of its loss, theft or disclosure of your credentials or your Apple Supported Device.
For security reasons, in the event you change your Apple Supported Devices, you must remove any and all Digitised Cards in the existing Apple Supported Devices that you do not intend to use. We are not responsible for any loss or damage resulting from any wrongful or unauthorised use of any Digitised Cards that you failed to remove. Upon termination of the Apple Pay, you must remove all Digitised Cards in any and all your Apple Supported Devices.
Apple Pay and your Apple Supported Device may contemplate certain security features and procedures to protect against unauthorized use of any of your Digitised Card(s). These features and procedures are the sole responsibility of Apple. You agree not to disable any of these security features and to use these security features and procedures to safeguard all your Digitised Cards.
5.5 Protecting your Apple Passwords and other Credentials
You are solely responsible for maintaining the confidentiality of your Apple User ID, Apple passwords, passcode and any other means that you may from time to time have to access your Apple Supported Device and/or Apple Pay. You should keep your Apple Supported Device and these credentials secure in the same manner as you would keep your physical Cards, and other personal identification numbers and passwords secure.
We caution against you sharing your credentials with any other person as this will enable someone else to make contactless transactions or in-app payment transactions, which will be considered authorized by you.
5.6 In the event of any loss, theft or disclosure of your credentials or your Apple Supported Device, you must take all reasonable steps to help stop the use of the Digitised Card and cooperate with us in any investigation and use any fraud prevention or other related measures we prescribe.
6. Third Parties
6.1 These Terms govern your access and use of the Digitised Card in Apple Pay. You may be subject to additional terms and conditions for your use of Apple Pay with other third parties, including but not limited to Apple, your wireless carrier and mobile network operator. These third parties have their own third party terms and conditions and you are subject to these when you use their services, give them your personal information or visit their respective sites. You shall be responsible for reading and understanding any third party terms and conditions. We are not responsible for any terms and conditions that you agree to with third parties for use of Apple Pay.
6.2 We are not responsible for your use of Apple Pay or any service, software, hardware or other product or services provided to you by Apple or any third party engaged by Apple. We are not responsible for the security, accuracy, legality, appropriateness or other aspect of the function or content of Apple's or any third party's product or services.
7. Suspension, Cancellation and Termination
We reserve the right to suspend, cancel or discontinue offering or supporting any Digitised Card or to not participate in the Apple Pay service for any reason at our sole discretion. To the extent allowed by applicable law, we may restrict, suspend, cancel, block, terminate, disqualify or discontinue your use of any Digitised Card at any time without notice for any reason, including but not limited to any potential or actual breach of these Terms or the Other Terms.
8. DISCLAIMER AND EXCLUSION OF LIABILITY
8.1 YOU EXPRESSLY AGREE THAT ACCESS AND USE OF ANY DIGITISED CARD THROUGH APPLE PAY IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DIGITISED CARD IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" BASIS. WE, ON BEHALF OF OURSELVES AND OUR SUPPLIERS, HEREBY EXCLUDE AND DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE, ON BEHALF OF OURSELVES AND OUR SUPPLIERS, ALSO DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, A DIGITISED CARD WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OR AVAILABILITY OF A DIGITISED CARD WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT A DIGITISED CARD WILL BE FREE FROM ERRORS OR DEFECTS.
8.2 ACCESS, USE AND MAINTENANCE OF A DIGITISED CARD DEPEND ON THE APPLE PAY SERVICES AND THE NETWORKS OF WIRELESS CARRIERS. WE DO NOT OPERATE THE APPLE PAY SERVICES OR SUCH NETWORKS AND HAVE NO CONTROL OVER THEIR OPERATIONS. WE WILL NOT BE LIABLE TO YOU FOR ANY CIRCUMSTANCES THAT INTERRUPT, PREVENT OR OTHERWISE AFFECT THE FUNCTIONING OF ANY DIGITISED CARD,SUCH AS UNAVAILABILITY OF THE APPLE PAY SERVICES OR YOUR WIRELESS SERVICE, COMMUNICATIONS, NETWORK DELAYS, LIMITATIONS ON WIRELESS COVERAGE, SYSTEM OUTAGES, OR INTERRUPTION OF A WIRELESS CONNECTION.
8.3 USE OF A DIGITISED CARD INVOLVES THE ELECTRONIC TRANSMISSION OF PERSONAL INFORMATION THROUGH THIRD PARTY CONNECTIONS. BECAUSE WE DO NOT OPERATE OR CONTROL THESE CONNECTIONS, WE CANNOT GUARANTEE THE PRIVACY OR SECURITY OF THESE DATA TRANSMISSIONS. ADDITIONALLY, YOUR APPLE SUPPORTED DEVICE'S BROWSER IS GENERALLY PRE-CONFIGURED BY YOUR WIRELESS CARRIER. CHECK WITH APPLE AND YOUR WIRELESS CARRIER FOR INFORMATION ABOUT THEIR PRIVACY AND SECURITY PRACTICES.
8.4 In addition to the Other Terms, we are not liable for any direct, indirect, incidental, punitive, special or consequential damages or economic Losses whatsoever or howsoever caused arising directly or indirectly in connection with poor or interrupted mobile network coverage.
In addition to the Other Terms, you agree to hold us harmless and indemnify us and all our servants, employees, nominees, directors, licensors, sponsors, affiliates and agents for any Loss and embarrassment suffered by us (other than such Loss and embarrassment arising from our or our employees' and agents' wilful misconduct or negligence) from any claim or demand, including reasonable legal fees, made by a third party due to or in connection with your access and/or use of the Apple Pay, including each transaction made using the Digitised Cards.
Any failure or delay by us in exercising or enforcing any right we have under these Terms does not operate as a waiver of and does not prejudice or affect our right subsequently to act strictly in accordance with our rights.
You agree that these Terms may be changed from time to time. If we change or add a term or condition to these Terms, we will notify you in accordance with our usual practice and the change or addition will take effect on the date specified in the notice. If you do not accept the change or addition to these Terms, you must stop accessing and using any Digitised Card and, as soon as possible, delete all Digitised Cards from Apple Pay. If you continue to access and use any Digitised Card after the change or addition takes effect, you will be deemed to have accepted the change or addition without reservation.
10.3 Impairment of Terms
If any of these Terms are invalid, unlawful or unenforceable under the laws of any country, it shall not affect or impair the validity, legality or enforceability of the rest of the terms and/or the terms under the laws of any other country.
We may close and revoke any Digitised Card, Card Account or Apple Pay with or without notice to you if, because of any change to any applicable law, regulation, regulatory requirement or judicial decision, or in our opinion, maintaining or performing any obligation under these Terms becomes illegal, or we are otherwise prohibited from doing so. If this happens, you must pay us all Liabilities on demand.
These Terms are binding on you and us and on our successor or assignee. These Terms are binding even if:-
we change our name or constitution; or
we consolidate or amalgamate with another entity, in which case, that entity will substitute us in relation to these Terms and all Card Accounts will continue in force between you and that entity.
You cannot assign or transfer your rights and obligations under these Terms without our prior written permission.
10.6 The Contracts (Rights Of Third Parties) Act
Unless we expressly state so, a person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act (Chapter 53B) of Singapore to enforce or enjoy the benefit of these Terms.
10.7 Applicable Law and Proceedings
These Terms are governed by and will be interpreted according to the laws of Singapore. You agree to irrevocably submit to the exclusive jurisdiction of the courts of Singapore which means that legal proceedings against us can only be brought in the courts of Singapore. Any judgment or order made by the courts of Singapore cannot be enforced or executed against any of our branches overseas. This clause does not limit our right to bring legal proceedings in any country and to take concurrent legal proceedings in more than one country.
10.8 Meaning of Words
Apple Supported Devices mean Apple payment-supported iOS or watchOS devices.
ATM means a contactless-enabled Automated Teller Machine or card operated machine which accepts the Digitised Card.
Card means any credit or debit card issued by us including any personal Card, Supplementary Card, or Corporate Card and any replacement or renewal of any of these or other Cards that we may issue from time to time.
Card Account refers to any account in respect of the Card.
Digitised Card means any Card which is digitised on Apple Supported Devices and registered to use with Apple Pay.
Liability means, all debts, liabilities or obligations you owe to us now or in future, whether actual or contingent, primary or collateral, several or joint.
Loss includes claims, actions, losses, damages, demands, liabilities and costs of any kind.
we / us / our / ourselves / the Bank / UOB means, United Overseas Bank Limited and shall include its successors and assigns.
For the avoidance of doubt, where there are inconsistencies between the meanings of words set out in herein with the Other Terms, the meaning of words herein shall be applied when these Terms are read together with the Other Terms, in respect of matters relating to Digitised Cards in accordance with Clause 1.3.
United Overseas Bank Limited Co. Reg. No. 193500026Z