Apple Pay Terms and Conditions

ARCHA LIMITED ACN 614 724355

These terms

(a) You agree with Archa to these terms by:
   (i) adding an Archa Card for use in Apple Pay on your eligible Apple Device; or
   (ii) allowing Another Cardholder to add an Archa Card linked to your account to Apple Pay on their Apple Device.

(b) These terms apply in addition to the Account Access Terms associated with each Archa Card. It is important that You read these terms and the Account Access Terms together.

Adding and removing an Archa Card

(a) You can add an Archa Card to Apple Pay on Your eligible Apple Device and Another Cardholder can add an Archa Card to their eligible Apple Device, provided that:
   (i) we can verify the relevant Cardholder's identity;
   (ii) if You are not the Accountholder, the Accountholder has agreed to the Archa Card being added to Apple Pay on the relevant Cardholder's eligible Apple Device; and
   (iii) the account is in good standing

(b) A Cardholder can remove an Archa Card linked to Your account from Apple Pay on the Cardholder’s Apple Device at any time.

(c) Instructions on how to add an Archa Card to Apple Pay, or remove one, are set out at https://support.apple.com/en-au/HT204506#.

(d) Once an Archa Card is added to Apple Pay, the Cardholder can use Apple Pay to authorise transactions on a Card Account. This is done by using the relevant Apple Device in place of an Archa Card at a contactless terminal or in an application on an Apple Device. Some contactless terminals may require the Cardholder to enter the Archa Card PIN.

Security and your liability

WARNING: Any person who can unlock Your Apple Device may be able to make transactions using an Archa Card registered in Apple Pay.

(a) If a Cardholder’s Archa Card linked to Your account is registered for Apple Pay on any eligible Apple Device, You are responsible for ensuring that:
   (i) only the Cardholder's Biometric Identifier is registered on the Apple Device (and no other person's Biometric Identifier is registered);
   (ii) the Apple Pay wallet is not shared with anyone and is used only by the Cardholder;
   (iii) each Cardholder keeps the passcode in the Cardholder's Apple Device secure in the same way as a Cardholder would a banking password or PIN secure, including by:
       (A) not sharing it with anyone,
       (B) not carrying a record of it within an Apple Device or with anything capable of being stolen along with an Apple Device (unless a reasonable effort is made to protect the security of it);
       (C) not choosing an easily guessable passcode such as the Cardholder's date of birth or a recognisable part of the Cardholder's name; and
       (D) not acting with extreme carelessness in failing to protect the security of the passcode.
   (iv) the Cardholder keeps the Apple Device safe and secure (including by locking it when not in use or when it is unattended and by installing up-to-date anti-virus software on it); and
   (v) the Cardholder removes any Archa Cards from the Cardholder's Apple Device before disposing of the Apple Device.

(b) If a Cardholder:
   (i) Allows any other person's Biometric Identifier be registered on the Cardholder's Apple Device;
   (ii) shares the Cardholder's passcode with any other person; or
   (iii) registers a Biometric Identifier on the Cardholder’s Apple Device in circumstances where the Cardholder is aware that another person is or may be able to use their biometric information to access the Apple Device, You are taken to have authorised that person to transact on Your account using Apple Pay.

(c) This means that any Apple Pay transaction initiated by that person using the Biometric Identifier, biometric information or passcode will be authorised by You and the terms of the Account Access Terms which deal with unauthorised transactions will not apply. WARNING: this could result in significant loss or liability in relation to such transactions.

(d) If another person's Biometric Identifier is registered on Your Apple Device or the Apple Device of Another Cardholder You must ensure that it is removed. If You or Another Cardholder think any other person knows the passcode for the Apple Device, You must ensure that the passcode is changed by You or Another Cardholder, as applicable. If a Cardholder becomes aware that another person is or may be able to access the Apple Device using their biometric information, the Cardholder must use a passcode instead of a Biometric Identifier to initiate transactions using their Archa Card on Apple Pay and must remove their Biometric Identifier from the Apple Device.

(e) At any time, a Cardholder can delete or suspend their Archa Card from Apple Pay. You cannot suspend the use of Another Cardholder's Archa Card in Apple Pay, but You can suspend or close the Archa Card of Another Cardholder in App or by calling 03 7034 6935.

(f) Please call us immediately on 03 7034 6935 if:
   (i) any Apple Device on which an Archa Card linked to Your account has been added to Apple Pay is lost or stolen;
   (ii) the mobile service of any Apple Device on which an Archa Card linked to Your account has been added to Apple Pay is suddenly disconnected without Your permission (which may indicate the occurrence of mobile phone porting); or
   (iii) You or Another Cardholder suspect a security breach in relation to any Apple Device on which an Archa Card linked to your account has been added to Apple Pay, or that an unauthorised person has used the passcode, Archa Card PIN or other credentials to access Apple Pay.

(g) Based on Your report, we will suspend use of your Archa Card with Apple Pay. This helps protect you as much as possible from additional loss or liability.

(h) In the terms of the Account Access Terms which deal with liability for unauthorised transactions:
   (i) each reference to a 'password' or 'PIN' includes a reference to Your Apple Device pass code;
   (ii) each reference to a 'Security Setting’ includes the requirement to keep Your Apple Device pass code secure as described above; and
   (iii) each reference to a lost or stolen card includes a lost or stolen Apple Device, with all necessary modification, notwithstanding that Archa does not issue your Apple Device to You (or the associated pass code), and noting that if another person's Biometric Identifier is registered on Your Apple Device, any transaction conducted by them is not an unauthorised transaction.

(i) Generally, You are liable for unauthorised transactions conducted using Apple Pay.

Fees and charges

The Account Access Terms describe the fees and charges which apply to each relevant account. Archa does not charge You any additional fees for adding or using an Archa Card with Apple Pay. You are responsible for all third party charges associated with the use of Apple Pay (such as carriage or mobile data charges).

Suspension and termination of Apple Pay

(a) Archa may block, suspend or terminate Your Archa Card in Apple Pay:
   (i) if Archa reasonably suspects fraud;
   (ii) if Your Archa Card is cancelled, blocked or suspended;
   (iii) if You are in default under the Account Access Terms or Facility Terms;
   (iv) if required by applicable laws (such as anti-money laundering and counter-terrorism financing laws, or sanctions laws);
   (v) if directed to so by Apple or by the applicable card network (for example, in circumstances of suspected fraud);
   (vi) if Archa's arrangements with Apple regarding Apple Pay cease or are suspended; or
   (vii) for any other reason.

(b) More circumstances in which electronic access may be removed in relation to your Archa Card (including through Apple Pay) are set out in the Account Access Terms.

Data collection and privacy

(a) Archa may collect information relating to Your Apple Device (including app version, device type and model, operating system and security information such as whether You have obtained root access):
   (i) to ensure that your Archa Card properly functions in Apple Pay;
   (ii) for security purposes and to identify fraud;
   (iii) for Archa to better provide assistance to You; and
   (iv) to tell You about other products or services that may be of interest to You.

(b) We may also exchange information with Apple and service providers:
   (i) to enable the use of the Archa Card with Apple Pay and to improve Apple Pay generally; and
   (ii) about persons involved in suspected security breaches or fraud.

(c) If You do not want us to collect or disclose this information as described, You should not register an Archa Card for use in Apple Pay. If You do not want to receive Archa marketing information, phone 03 7034 6935.

(d) The Account Access Terms and Archa’s Privacy Policy (https://www.archa.com/privacy) contain more general information about our collection and handling of Your information.

(e) Once an Archa Card is registered to your Apple Device, Apple may access Your personal information regarding the use of that Archa Card through Apple Pay. Please see Apple's privacy policy at https://www.apple.com/au/privacy

Apple Pay provided by Apple

(a) Apple Pay and the Apple Devices are provided by Apple, not by Archa.

(b) Archa's obligation to You in relation to the functionality of Apple Pay is limited to securely supplying information to Apple in order to allow the use of an Archa Card through Apple Pay.

(c) We are not otherwise liable for the use, functionality or availability of Apple Pay, any Apple Device, the availability of compatible contactless terminals, or a reduced level of service caused by the failure of third party communications and network providers.

(d) You will need to agree to Apple's terms and conditions in order to use Apple Pay.

Archa liability

Archa will not be liable for any loss arising from Your use of Apple Pay to the extent the loss was caused by:

(a) Your fraud; or

(b) Your use of Apple Pay or the Apple Device in a manner not permitted by Apple (for example, by obtaining root access to your Apple Device); or

(c) a reduced level of service caused by matters beyond our reasonable control (for example, those caused by third party software and network providers).

Changes to these terms

(a) We can change these terms by giving You notice as described below.

(b) If we reasonably consider a change is unfavourable to You, we will give You prior notice of at least 30 days.

(c) We may give You a shorter notice period, which may include notice on the day the change takes effect, if we reasonably consider:
   (i) the change has a neutral effect on Your obligations;
   (ii) the change reduces Your obligations; or
   (iii) providing a shorter notice period is necessary for us to:
       (A) immediately restore or maintain the security of a system or individual facility;
       (B) avoid or reduce a material increase in our credit risk or loss; or
       (C) comply with legal or regulatory requirements.

(d) You agree that we may give you notice of the change by any notification method allowed by these terms including by letter or by electronic means as set out in clause 10 below or by advertisement in a national newspaper or in two or more major metropolitan newspapers that in combination circulate generally in each State and Territory of Australia.

(e) Despite this clause, we will always give You notice in accordance with any applicable laws or industry codes, or any other terms and conditions applicable to Your account, which require any minimum notice periods or specific methods of notification.

(f) The current terms will always be available for You to view at www.archa.com/applepay

Communication via SMS or Apple Pay

Without limiting any other means of communicating with You under the Account Access Terms, we may communicate with You by sending an SMS to Your Apple Device, an email to the email address You have provided to us or by writing to You at the address You have provided to us. The SMS or notice may include a link to detailed information on our website.

Severability and governing law

(a) If any provision or part of a provision of these terms is illegal, invalid or unenforceable, it will be severed from these terms and the remaining provisions (or parts of provisions) will continue in full force and effect.

(b) These terms are governed by the law of Victoria, Australia and You and Archa agree to submit to the exclusive jurisdiction of the courts of that State.

Meanings of words

In these terms:
   Account Access Terms mean the Archa Business Account Access Terms and Conditions.
   Another Cardholder means a person other than You who is nominated by You or is otherwise eligible to be issued with an Archa Card linked to Your account and to whom the Card is issued at the request of the Accountholder or Super User.
   Apple means Apple Pty Limited ABN 46 002 510 054 and/or its related bodies corporate and affiliates.
   Apple Device means a device manufactured by Apple, which Archa determines is eligible for the registration of Archa Cards to be used in Apple Pay.
   Apple Pay means the mobile payment and digital wallet service created by Apple that lets users transact using certain Apple Devices and credit cards or debit cards registered on such Apple Devices.
   Archa, we or us means Archa Limited ABN 42 614 724 355 and its successors and assigns, and 'our' has a corresponding meaning.
   Archa Card means an Archa business credit card issued to a Cardholder nominated by the Accountholder or Super User for operation of a Sub Account or Card Account.
   Biometric Identifier includes fingerprint, faceprint or similar biometric identifier.
   Cardholder means the holder of the Archa Card added to Apple Pay on that holder’s Apple Device and, as the context requires, includes You and Another Cardholder.
   You means the Accountholder of the Facility related to the Archa Card which has been added to the Apple Pay wallet and, as the context requires, includes the Cardholder of that Archa Card.

Trademarks

Apple and Apple Pay are trademarks of Apple Inc.