Terms and Conditions of Use for the Apple Pay payment service for Keytrade Bank Clients
Version dated 18 November 2024
1. Preamble
These terms and conditions of use for the Apple Pay payment service (hereinafter the “Terms and Conditions”) govern the contractual relationship between the Cardholder and/or the Account holder and the Bank in relation to the use of debit Cards, and of VISA Classic credit Cards, VISA Gold credit Cards and VISA Platinum credit Cards (hereinafter collectively referred to as the “VISA credit Card” or “VISA credit Cards”) in Apple Pay, and lay down the conditions for exchanging information and orders via this type of mobile banking. By registering the Card in Apple Pay, the Cardholder is deemed to explicitly accept these Terms and Conditions.
These Terms and Conditions supplement the General Terms and Conditions, the Debit Card Special Conditions, the VISA Credit Card Special Conditions, the Terms and Conditions of Use of the Bank’s Mobile App for iPhone/iPad and the “Payment Service and Product Offer” document. Together with the Fee information document provided in accordance with the General Terms and Conditions, they constitute the Agreement.
Should there be any contradiction or discrepancy between the terms and conditions above and these Terms and Conditions, these Terms and Conditions shall prevail. The provisions of the General Terms and Conditions on agreements concluded at a distance between the Bank and the Client apply should this Agreement be concluded at a distance with the Account holder/Cardholder.
The Cardholder and the Account holder are entitled, for the entire term of the Agreement, to ask for the terms and conditions of this Agreement on a durable medium. The Cardholder shall inform the Account holder that they have registered their Card in Apple Pay, and of the terms and conditions that apply thereto, including these Terms and Conditions.
These terms and conditions are available in French, Dutch and English. Should there be any contradiction between the different versions, or should there be a dispute, the French text shall prevail.
2. DEFINITIONS
The Agreement: the agreement on the use of a Card in Apple Pay.
Apple Pay: a service offered by Apple in the form of a digital wallet which enables the Cardholder to hold a digital version of their Card on their Device, which can be used for contactless payments, “in-app” purchases or other electronic payments.
Digital Card: the digital version of the Card that the user links to Apple Pay.
Apple Pay Terms: the Apple Pay agreement and terms, covering the contractual relationship between Apple and the Cardholder.
Apple: Apple Inc., One Infinite Loop Cupertino, CA 95014, United States.
Personalised Access and Security System: (in addition to the definition in the General Terms and Conditions): (i) the Device Unlock Code (the Device’s PIN, pattern unlock, fingerprint and facial recognition), (ii) the Device.
Device: the Cardholder’s device which is used to access Apple Pay and fulfils the technical requirements set by Apple. The Cardholder may be required to upgrade their operating system should there be a change in the technical requirements supported by Apple Pay.
Device Unlock Code: a secret personal identification code required to unlock the Device, such as a PIN code, pattern unlock, fingerprint or facial recognition. This is a "Personalised Access and Security System". The Cardholder uses the Unlock Code to sign various transactions.
Wallet: The Wallet is a digital wallet developed by Apple, which, in particular, enables the Cardholder to manage the Cards that they have registered in order to use the Apple Pay payment service. Apple is solely responsible for its functioning.
The other terms in upper case initial letters appearing in these Terms and Conditions have the same meaning as the definitions given in the General Terms and Conditions and the Debit Card Special Conditions or the VISA Credit Card Special Conditions, unless otherwise set out below.
3. INFORMATION ABOUT APPLE PAY
3.1. Apple Pay is a payment app provided by Apple. This app creates a digital version of the Card and stores it in the app on the Cardholder’s Device. The contractual relationship between Apple and the Cardholder and/or Account holder is governed by the Apple Pay Terms.
3.2. Access to, use of and management of the Digital Card is dependent upon Apple Pay, provided by Apple, and the Cardholder’s internet service provider. The Bank cannot be held liable for technical faults, outages or shortcomings in the services provided by third parties, such as Apple or the internet service provider. Nor can the Bank be held liable should Apple make changes to Apple Pay or discontinue Apple Pay.
4. REGISTERING THE DIGITAL CARD
4.1. Access to Apple Pay
In order to register and use a Card as a Digital Card in Apple Pay, the Cardholder must activate Apple Pay by registering for it. The Cardholder may only register cards that are linked to an Account opened with the Bank. Both debit Cards and VISA credit Cards may be registered.
The Cardholder must accept the Apple Pay Terms. The Agreement is concluded between Apple and the Cardholder. The Bank is not a party to it.
The Cardholder must check which requirements their Device must fulfil in order to be able to use Apple Pay, with Apple.
4.2. Receiving messages when registering the Card
When the Cardholder registers their Card in Apple Pay and uses their Digital Card, they agree to receive messages about the use of their Digital Card. These messages may be sent by SMS, email or the Apple Pay messenger feature.
5. USING THE DIGITAL CARD IN APPLE PAY
5.1. Performing transactions
The Cardholder may make Payment Transactions with their Digital Card in accordance with the terms and conditions relating to:
Apple Pay usage, as laid down in the Apple Pay Terms; and
Card usage, as stipulated in the Debit Card Special Conditions and the VISA Credit Card Special Conditions. The Card usage limits also apply to payments using the Digital Card via Apple Pay.
The Cardholder approves the transaction by:
holding their Device near to the merchant’s payment terminal and then authenticating themself using their chosen Unlock Code;
choosing “pay with Apple Pay” in an app or online, and then authenticating themself using their Device Unlock Code.
Depending on the type of Device, the relevant party must first authenticate themself using the Unlock Code before the Device can be used to make a payment via Apple Pay.
By using Apple Pay on a terminal, website or app, the Cardholder consents to all transactions via Apple Pay. The Account holder irrevocably authorises the Bank to debit the amounts for Payment Transactions made using the Digital Card via Apple Pay, from their Account.
The Cardholder and the Account holder recognise the validity of transactions made via the process outlined above using the Digital Card via Apple Pay. This constitutes valid and sufficient proof of their agreement on the existence and content of the Payment Order.
5.2. Viewing the most recent Payment Transactions
The Cardholder can view Payment Transactions made with Apple Pay using the Apple Pay Wallet provided by Apple. These data are provided to Apple, by the Bank in particular. However, this feature may not be available on all Devices.
6. CARDHOLDER OBLIGATIONS AND RESPONSIBILITIES
6.1. Notwithstanding the provisions of the Debit Card Special Conditions and the VISA Credit Card Special Conditions, the Cardholder is required to use their Personalised Access and Security System, as per the terms and conditions specified in the Bank’s General Terms and Conditions.
6.2. Should their Personalised Access and Security System and/or their Device be stolen or lost, or should there be any tampering with, any illegal or unauthorised use of, or any other potential misuse of their Personalised Access and Security System or their Device, the Cardholder is required to follow the blocking and notification instructions set out in the Debit Card Special Conditions and the VISA Credit Card Special Conditions.
The Cardholder shall immediately report the loss, theft or fraudulent use of their Device and the payment service to Apple via their iCloud account (iCloud.com/find), which is an online Apple account that the Cardholder must create when using a Device for the first time, which is a prerequisite for using the Apple Pay payment service. When the Cardholder reports the loss, theft or fraudulent use of their Device, all cards in the Wallet (including payment Cards, of course) are frozen. Therefore, no payments can be made using the Digital Card.
6.3. The Cardholder shall update their Device and Apple Pay whenever an update is made available to them and shall always use the most recent version. The Bank reserves the right to block access to the Digital Card if the Cardholder has not complied with this obligation in due time.
6.4. The Cardholder shall delete their Card data saved on a Device if they sell it or give it to a third party. On the same basis, they shall deactivate the Apple Pay payment service if they lend their Device to a third party.
6.5. Apple may take measures or implement procedures to prevent unauthorised use at any time. The Bank assumes no liability for these measures. The Cardholder shall implement these security measures and shall not disable them.
7. SECURITY
7.1. The Personalised Access and Security System, such as the Unlock Code, is strictly personal and confidential. The Cardholder shall make every reasonable effort to ensure that their Personalised Access and Security System is kept as secure as possible. They must follow the security advice provided to them by the Bank and Apple, namely:
They must not leave their Device and their Unlock Code unattended (for example, at their workplace, at a hotel, in a vehicle (even if it is locked) or in de facto publicly accessible places).
They must not leave their Device with third parties (including their partner, family and friends) and authorise them to use them, or entrust them with their Unlock Code.
They must not reveal their Unlock Code under any circumstances.
The Personalised Access and Security System and the Unlock Code must not be written down on a durable medium or in the Device, or be made accessible through the Device.
The Unlock Code must be entered discreetly if there is a risk that it may be copied down. The Cardholder shall ensure that nobody can see it and shall inform the Bank if they notice any unusual behaviour.
The Cardholder shall regularly change their Unlock Code if it is a PIN or a pattern unlock.
When the Cardholder chooses a new Unlock Code, they must avoid combinations that are too obvious. If the Cardholder becomes aware that the Unlock Code is no longer definitely confidential, they must change it.
In doing so, the Cardholder shall ensure that their Device meets Apple’s technical and security requirements defined in these Terms and Conditions. For this purpose, the Cardholder shall ensure that their Device’s built-in security features in order to use Apple Pay securely are enabled. The Bank shall not be liable in any way for any potential damage caused by the Cardholder deliberately disabling or circumventing the system’s security features.
If the Cardholder’s Device Unlock Code is a fingerprint or facial recognition, the Cardholder must, before registering to Apple Pay, ensure that only their fingerprints and face are saved in the Device in order to unlock it or make transactions. If they fail to do this, any fingerprints and faces saved in the Device in order to unlock it or make transactions shall be deemed to belong to the Cardholder.
Although the Card may be registered as a Digital Card on a number of Devices, registering it on a device where third-party cards are also registered is strongly discouraged.
7.2. The Cardholder shall be fully liable for the risks associated with their Device, and, in particular, for the unauthorised-access risks. Any damage resulting therefrom shall be borne exclusively by the Cardholder and/or the Account holder.
8. APPLE PAY PAYMENT SERVICE AND DIGITAL CARD BLOCKED
8.1. Should the Card be opposed or blocked, it can no longer be used in the Wallet.
8.2. Payment Transactions made by the Cardholder with a Card used in the Wallet shall still be Card Payment Transactions and shall still be governed by the contractual arrangements between the Bank and the Cardholder. Therefore, the use of the Apple Wallet shall be blocked based on the grounds set out in the Debit Card Special Conditions and the VISA Credit Card Special Conditions.
8.3. The Bank may suspend or block the Apple Pay payment service or access to the Digital Card in Apple Pay for objective reasons related to security, suspected unauthorised or fraudulent use of the Digital Card in Apple Pay or the Personalised Access and Security System, or should there be a failure to comply with these Terms and Conditions. Should this occur, the Bank shall inform the Cardholder by any means, before or immediately after the service or access is blocked, if possible. This duty to provide this information is not mandatory if this purpose conflicts with justified security considerations or is prohibited under the relevant legislation.
The Bank shall unblock the Digital Card as soon as the grounds for blocking it cease to exist.
8.4. Any blocks on the Apple Pay payment service may apply to all Apple Pay features or partially to a Card, a Cardholder, a geographic region or a payment method (contactless or online).
9. LIABILITIES AND RISKS
9.1. Notwithstanding the provisions relating to the liabilities and risks set out in the Debit Card Special Conditions and the VISA Credit Card Special Conditions, the Bank hereby notifies the Cardholder that the following actions make an incident more likely, with the Cardholder potentially held liable for it:
storing the Unlock Code and the Device together or writing down the Unlock Code;
entrusting their Personalised Access and Security System to third parties, including spouse, family members and friends;
disclosing their Personalised Access and Security System, such as their Unlock Code, by telephone or email;
leaving their Device and/or Personalised Access and Security System unattended (for example, at their workplace, at a hotel, in a vehicle (even if it is locked) or in de facto publicly accessible places);
failing to immediately report the loss or theft of their Device and/or their Personalised Access and Security System;
not blocking the Digital Card and/or Device as soon as they become aware that it has been lost, stolen or used in an unauthorised way;
failing to notify the Bank immediately for orders recorded in their account where no authorisation has been given or should they notice an error or irregularity in their account statements.
9.2. The Bank cannot be held liable for:
damage of any kind that may be directly or indirectly caused by the functioning of the Cardholder’s Device or the telecommunications services of a third party, or caused by a service interruption due to events beyond its control;
damage caused to the Cardholder’s equipment or any changes to the Cardholder’s equipment, including but not limited to its Device, as a result of installing, upgrading, updating or using Apple Pay;
any Apple Pay temporary unavailability, suspension, interruption or delay as a result of maintenance activities, an outage or force majeure, or circumstances beyond the Bank’s reasonable control;
damage resulting from any difficulty or inability to download Apple Pay or access Apple Pay content, or any other shortcoming in telecommunications services which results in Apple Pay not being available;
damage resulting directly or indirectly from the (mal)functioning of the Cardholder’s Device, telecommunication services or hardware or software of a third party, such as Apple.
10. TERM AND TERMINATION OF THE AGREEMENT
This Agreement is concluded for an indefinite term. The Cardholder may cancel it at any time, free of charge. They can do this by removing their Digital Card from Apple Pay. The Bank may terminate the Agreement at any time, with two months’ notice. The Bank shall provide notification of the termination on a durable medium.
The Bank is entitled to terminate the Agreement with immediate effect, without prior formal notice or judicial intervention:
if trust in the Cardholder is severely eroded;
if the Cardholder does not follow the security procedures;
should there be a serious breach of the Agreement;
should Apple discontinue its services.
If the Cardholder cancels their Card, they shall automatically terminate the Agreement at the same time.
11. ENDING USE OF APPLE PAY AND EXERCISING THE RIGHT OF WITHDRAWAL OVER THE SERVICE
The Cardholder may stop using their debit Card and credit Card in the Wallet at any time by deregistering their Digital Card in the Apple Pay app, without having to inform the Bank. The Apple Pay payment service then becomes immediately unavailable with this card (other cards that may be registered in the Wallet are not affected). They may also request this from the Bank.
Requesting to remove a Card from the Wallet alone does not result in this Card being blocked. It can then still be used as a physical Card.
The Bank shall not be held liable for the consequences of Card removal requests or any other removal request that does not come from the Cardholder, as Apple is solely liable for the Wallet.
If the Cardholder exercises their right of withdrawal, they shall be deemed to have never subscribed to the Apple Pay payment service. However, they shall not be able to revoke Card Payment Orders that have already been issued using the Wallet.
12. ADDITIONAL PAYMENTS
The Bank shall not seek any additional payments for using debit Cards and VISA credit Cards in Apple Pay.
13. AMENDMENT TO THE TERMS AND CONDITIONS OF USE
13.1. The Bank may amend these terms and conditions at any time in accordance with the provisions of Article 26 of the General Terms and Conditions..
13.2.However, if an amendment is required under law, it may be applied immediately. Furthermore, the Bank is not liable for any changes made by Apple to the Apple Pay payment service.
14. PERSONAL DATA PROCESSING
When the Cardholder registers their Card in the Apple Pay Wallet app and uses Apple Pay, the Bank and Apple collect their personal data. For this purpose, the Bank and Apple are separate data controllers:
Apple collects personal data from Clients and is responsible for processing personal data relating to the Apple Pay app and its features; the Bank is not involved in this.
The Bank is responsible for processing transactions initiated using the Digital Card.
The Bank processes personal data in particular for monitoring and successfully executing payment transactions made with the Digital Card and the Apple Pay app. The Bank shall process the specific technical details of the transaction, such as the card number, the amount and the merchant’s name. The Bank also receives the technical specifications of the Device on which the Cardholder uses Apple Pay, such as the name of the Device, the identification details for the Device, the IP address and the name of the telecommunications operator.
In addition to aggregated general information about the use of Apple Pay by Cardholders, Apple may receive details of individual transactions made with Apple Pay. The Cardholder can find more specific information on how personal data are processed by Apple in the Apple Pay Terms and in the Apple Payments Privacy Notice.
The Cardholder can find more general information about how their personal data are processed and shared by the Bank, and about their rights in:
the “Privacy - professional discretion” article of the Bank’s General Terms and Conditions and in
the Bank’s Privacy Policy.
The General Terms and Conditions and the Privacy Policy are available on the Bank’s website (via https://www.keytradebank.be/en/document-center and https://www.keytradebank.be/en/privacy-policy).
15. INTELLECTUAL PROPERTY
Apple Pay was developed by and is owned by Apple.