Bankwest Apple Pay Terms of Use

Collection, use and disclosure of your personal information

By:

  • authorising an Additional Cardholder or other account signatory to operate, or continue to operate, an account with a Bankwest Card; or
  • loading a Bankwest Card onto Apple Pay as an account holder or Additional Cardholder,

you consent to Bankwest collecting, using and disclosing your personal information as described in the Bankwest Privacy Statement, including information about your use of Apple Pay and the Apple Device on which a Bankwest Card is loaded and disclosure of your transaction history to Apple to facilitate your Apple Pay experience.

Apple Pay is provided by Apple. For more information about the types of personal information collected by Apple, please see Apple's privacy policy at www.apple.com/au/privacy.

1. Apple Pay

Bankwest does not impose any additional fees and charges for registering and using your Bankwest Card with Apple Pay.

Bankwest is not liable for any loss associated with the use, functionality or availability of Apple Pay or for any disruption arising from its availability whether through the failure of a telecommunications network or a contactless merchant terminal.

2. Definitions

The expressions below have the following meaning in these Apple Pay Terms of Use:

Account Terms mean the terms and conditions applicable to each savings, transaction or credit card account linked to a Bankwest Card registered on an Apple Device including the Account Access Conditions of Use, Credit Cards Account Access Conditions of Use and the Commercial Credit Cards Account Access Conditions of Use.

Additional Cardholder has the meaning given in the Account Access Conditions of Use and the Credit Cards Account Access Conditions of Use but in relation to the Commercial Credit Cards Account Access Conditions of Use means a person nominated by you and to whom we have issued a Bankwest Card to operate the card account.

Apple Device means a device such as an iPhone, iPad, Mac, Apple Watch or other supported device which uses the Apple operating system and supports Apple Pay, and on which Bankwest determines, in its sole discretion, Bankwest Cards may be registered.

Apple Pay means the payment platform created by Apple for making payments using an iPhone, iPad, Mac, Apple Watch or other Apple Device and a credit or debit card registered on such a device.

Bankwest Card means an eligible Bankwest credit or debit Mastercard® issued by us including the electronic microchip that may be embedded in the card.

Apple means Apple Pty Limited ABN 46 002 510 054 and/or its related bodies corporate and affiliates.

Passcode means a code, password or biometric identifier such as, but not limited to, a fingerprint or face ID which unlocks an Apple Device.

we, us, the Bank or Bankwest means Bankwest, a division of Commonwealth Bank of Australia ABN 48 123 123 124 AFSL/Australian credit licence 234945 and its successors and assigns. Any other grammatical form of the word 'we' has a corresponding meaning.

You means the holder of the account (and each of you if there is more than one accountholder) linked to a Bankwest Card which is loaded onto the Apple Device.

3. Definitions under the ePayments Code

In the Account Access Conditions of Use and the Credit Cards Account Access Conditions of Use, which allocate liability for unauthorised transactions and which apply to the use of any Bankwest Card through Apple Pay:

  • any reference to a 'Secret Code' includes 'Passcode' despite the fact that where the Passcode is a biometric identifier, it may not be secret; and
  • any reference to a lost or stolen 'card' includes a lost or stolen Apple Device despite Bankwest not issuing the Apple Device.

4. Why have Apple Pay Terms of Use

When you or an Additional Cardholder register a Bankwest Card for Apple Pay on an eligible Apple Device, it is necessary to allocate certain rights and obligations in relation to the use of Apple Pay which may not be addressed in the Account Terms.

The Apple Pay Terms of Use will apply to your account any time a Bankwest Card, linked to your account is loaded on to an Apple Device, even where the Apple Device may not belong to you. Please refer to the security measures outlined in Clause 8 on how to keep a Bankwest Card and the Apple Device safe. A failure to keep them safe may result in liability for you.

These Apple Pay Terms of Use must be read in conjunction with the Account Terms, as Apple Pay is governed by both. However, if there is any inconsistency between them, these Apple Pay Terms of Use will apply to the extent of the inconsistency.

5. Amending the Apple Pay Terms of Use

We can change these Apple Pay Terms of Use at any time.

Subject to any applicable law or code we will provide you with the required notice period under the Account Terms. Where such change is not specified, we will notify you no later than the day the change takes effect.

We may make amendments or changes we consider necessary to safeguard or restore the security of your account with us. In such circumstances, we may not be able to provide you with advance notice. However, we will notify you of such action as soon as is reasonably practicable.

By loading a Bankwest Card onto Apple Pay as an account holder or allowing an Additional Cardholder to load a Bankwest Card onto Apple Pay, you agree we may communicate with you electronically in any manner specified in the Account Terms, including by SMS or push notification, to your Apple Device including when we give notice of any changes to these Apple Pay Terms of Use. You acknowledge we have advised you that:

  • on the basis of such consent, we may not send you paper communications;
  • you must check your Apple Device regularly for any notices or updates from us; and
  • you can withdraw your consent for us to provide you with electronic notification by SMS.

6. How to use a Bankwest Card in Apple Pay

Your Bankwest Card can be loaded onto an Apple Device to use Apple Pay to authorise transactions on your account by making contactless payments, in an 'app' on an Apple Device or online where Apple Pay is supported.

7. How to add or remove a Bankwest Card in Apple Pay

Before we can allow a Bankwest Card to be added to Apple Pay:

  • we must verify your identity or the Additional Cardholder's identity; and
  • the Bankwest Card must not be closed, blocked, reported lost or stolen, in default or its balance written off.

You can remove your Bankwest Card from Apple Pay at any time by following the instructions on the Apple Pay website or app. You can also ask us to unlink your Bankwest Card by contacting us.

You cannot delete or suspend the Bankwest Card of an Additional Cardholder in Apple Pay however, you may suspend or cancel the Additional Cardholder's Bankwest Card by contacting Bankwest any time on 13 17 19.

8. Security of Apple Pay and an Apple Device

You must take steps to secure the Apple Device on which a Bankwest Card linked to your account has been registered, including by the following:

  • where the Apple Device can be accessed by a biometric identifier, the cardholder must ensure only the cardholder's biometric identifier is registered on the Apple Device;
  • where the Apple Device is accessible by Passcode, the Passcode must be kept secure by the cardholder. It must not be disclosed to anyone else (even a family member), a record of the Passcode must not be kept with the Apple Device, or with or in anything with which the Apple Device is stored unless reasonable steps have been taken to protect it;
  • any Passcode selected must not be easy to guess or decipher, such as the cardholder's date of birth or other number associated with the cardholder;
  • a cardholder must not act with extreme carelessness in relation to the security of the Passcode;
  • a cardholder must ensure the Apple Device is locked at all times when it is not being used, and is not left unattended in a non-secure environment;
  • a cardholder must install and regularly update anti-virus software on the Apple Device;
  • a cardholder must ensure that only the cardholder accesses the Apple Device to use the cardholder's Bankwest Card and that it is not accessed or used by anyone else, even if that person has the cardholder's permission; and
  • a cardholder must remove any Bankwest Card from the cardholder's Apple Device before disposing of the Apple Device.

We will not be liable for any loss caused by your fraud or use of Apple Pay or the Apple Device in a manner not permitted by Apple. We will also not be liable for any loss arising from reduced service levels that are outside our reasonable control.

9. Your liability for Apple Pay transactions

WARNING: The account holder will be liable where a cardholder does not comply with the above security steps in Clause 8 and will not be able to rely on the protections from liability contained within Account Terms and Conditions dealing with unauthorised transactions.

Biometric identifiers and passcodes

If another person's biometric identifier is loaded onto an Apple Device, including onto the Apple Device of an Additional Cardholder, you must take immediate steps to ensure that the biometric identifier is removed from the relevant Apple Device, otherwise any such transaction will not be an unauthorised transaction for the purposes of determining liability.

If the security of your, or an Additional Cardholder's, Passcode has been compromised, or you believe that it may be known to another person, you must take immediate steps to change the Passcode.

Reporting security concerns to Bankwest

You must notify Bankwest immediately if:

  • you, or any Additional Cardholder's Apple Device, is stolen or is disconnected without the knowledge or permission of you or the Additional Cardholder;
  • you, or any Additional Cardholder, suspect that someone has used the Apple Device's Passcode, Bankwest Card PIN, or otherwise tried to access the Apple Device or Apple Device wallet.

10. When Bankwest may suspend or terminate a Bankwest Card on Apple Pay

Bankwest may suspend or terminate a Bankwest Card linked to your account and registered with Apple Pay if:

  • you ask us to suspend or cancel the card;
  • either you or the Additional Cardholder breach these terms;
  • we, or Apple, reasonably suspect fraud or if we are required to do so under anti-money laundering and counter-terrorism financing legislation;
  • Apple suspends or terminates Apple Pay; or
  • we reasonably exercise our discretion to do so, as noted in the Account Terms and Conditions.

We will also suspend or terminate the Bankwest Card when we receive your instructions to do so.

11. Trademarks

Bankwest Apple Pay Terms of Use apply. Apple, the Apple logo, Apple Pay, Apple Watch, Face ID, iPad, iPhone, iTunes, Mac, MacBook Pro, Safari, and Touch ID are trademarks of Apple Inc. App Store is a service mark of Apple Inc.

How can we help?

If you have any questions about Bankwest legal information, give us a call.