Coles for Business Card Google Pay Terms and Conditions
Coles provides the Coles for Business Credit Facility in conjunction with Archa as the payment solution provider to facilitate the Coles for Business Credit Facility (as defined in the Coles for Business Terms and Conditions Coles), including any Coles for Business Cards.
These terms and conditions (“Terms and Conditions”) are an agreement between you (“You”) and Archa and govern your access to and use of eligible Coles for Business Cards (“Card(s)”) through Google Pay. “Google Pay” includes the Google Pay-branded contactless payment functionality, Card provisioning features, and transaction display history.
Only selected Cards may be eligible for use with Google Pay. Archa will determine eligibility at its discretion.
Please review these Terms and Conditions before you decide whether to accept them and continue with the enrolment of your Coles forBusiness Cards to Google Pay. By registering or using your Coles for Business Cards through Google Pay You agree to access and use Your Coles for Business Cards through Google Pay in accordance with these Terms and Conditions. If you do not agree to these Terms and Conditions, then you must not register your Coles for Business Card to, or use your Coles for Business Card in connection with,Google Pay. Use of Google Pay is at your discretion. You are not obliged to use Google Pay in connection with any of your Coles for Business Card. Your use of Google Pay to purchase goods and services with your Coles for Business Cards is also governed by the applicable Coles for Business Credit Terms and Conditions and that relates to your Coles for Business Card. Your use of Google Pay is subject to the terms and conditions set forth by Google and/or its affiliates (“Google”) with respect to the use of Google Pay, which will not change or override these Terms and Conditions.
Unless defined in these Terms and Conditions, capitalised terms have the meanings given to those terms in the Coles for Business Credit Terms and Conditions.
1. These terms
(a) You agree to these Terms and Conditions by:
(i) adding a Coles for Business Card for use in Google Pay on Your eligible Android Device; or
(ii) allowing a Cardholder to add a Coles for Business Card linked to Your account to Google Pay on their Android Device.
2. Adding or removing a Coles for Business Card from Google Pay
(a) You can add a Coles for Business Card to Google Pay on Your eligible Android Device and Another Cardholder can add a Coles for Business Card to their eligible Android Device, provided that:
(i) the relevant Cardholder's identity has been verified;
(ii) if You are not the Coles for Business Credit Customer, the Coles for Business Credit Customer or its Admin have agreed to the Coles for Business Card being added to Google Pay on the relevant Cardholder's eligible Android Device.
(b) A Cardholder can remove a Coles for Business Card from Google Pay on the Cardholder’s Android Device at any time.
(c) Instructions on how to add a Coles for Business Card to Google Pay, or remove one, are set out at https://support.google.com/pay/answer/7625139?co=GENIE.Platform%3DAndroid&oco=1#zippy=%2Cadd-a-debit-or-credit-card.
(d) Once a Coles for Business Card is added to Google Pay, the Cardholder can use Google Pay to authorise transactions. This is done by using the relevant Android Device in place of a physical Coles for Business Card at a contactless terminal or in an application on an Android Device. Some contactless terminals may require the Cardholder to enter the Coles for Business Card PIN.
3. Security and Your liability
WARNING: Any person who can unlock Your Android Device may be able to make transactions using a Coles for Business Card in Google Pay.
(a) If a Cardholder’s Coles for Business Card linked to Your account is registered for Google Pay on any eligible Android Device, You are responsible for ensuring that:
(i) only the Cardholder's Biometric Identifier is registered on the Android Device (and no other person's Biometric Identifier is registered);
(ii) the Google Pay wallet is not shared with anyone and is used only by the Cardholder;
(iii) each Cardholder keeps the passcode in the Cardholder's Android Device secure in the same way as a Cardholder would a banking password or Card PIN secure, including by:
(A) not sharing it with anyone;
(B) not carrying a record of it within an Android Device or with anything capable of being stolen along with an Android 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 ora 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 Android 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 Coles for Business Cards from the Cardholder's Android Device before disposing of the Android Device.
(b) If a Cardholder:
(i) allows any other person's Biometric Identifier be registered on the Cardholder's Android Device;
(ii) shares the Cardholder's passcode with any other person; or
(iii) registers a Biometric Identifier on the Cardholder’s Android Device in circumstances where the Cardholder is aware that another person is or may be able to use their biometric information to access the Android Device,
You are taken to have authorised that person to transact on Your account using Google Pay.
(c) This means that any Google Pay transaction initiated by that person using the Biometric Identifier, biometric information or passcode will be authorised by You.
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 Android Device or the Android 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 Android 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 Android Device using their biometric information, the Cardholder must use a passcode instead of aBiometric Identifier to initiate transactions using their Coles for Business Card on Google Pay and must remove their Biometric Identifier from the Android Device.
(e) At any time, a Cardholder can delete or suspend their Coles for Business Card from Google Pay. You cannot suspend the use of Another Cardholder's Coles for Business Card in Google Pay, but You can suspend or close the Coles for Business Card of Another Cardholder in Coles for business credit app or by calling Us on 03 7034 6935.
(f) Please contact Us immediately via the details listed on your Coles for Business Card 1800 557 610 if:
(i) any Android Device on which a Coles for Business Card linked to Your account has been added to Google Pay is lost or stolen;
(ii) the mobile service of any Android Device on which a Coles for Business Card linked to Your account has been added to Google 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 Android Device on which a Coles for Business Card linked to Your account has been added to Google Pay, or that an unauthorised person has used the passcode, Coles for Business Card PIN or other credentials to access Google Pay.
(g) Based on Your report, we will suspend use of Your Coles for Business Card with Google Pay. This helps protect You as much as possible from additional loss or liability.
(h) In this clause:
(i) each reference to a 'password' or 'PIN' includes a reference to Your Android Device pass code;
(ii) each reference to a 'Security Setting’ includes the requirement to keep Your Android Device pass code secure as described above; and
(iii) each reference to a lost or stolen card includes a lost or stolen Android Device, with all necessary modification, notwithstanding that Archa does not issue YourAndroid Device to You (or the associated pass code), and noting that if another person's Biometric Identifier is registered on Your Android Device, any transaction conducted by them is not an unauthorised transaction.
4. Fees
You are not charged any additional fees for adding or using a Coles for Business Card with Google Pay. You are responsible for all third party charges associated with the use of Google Pay (such as carriage or mobile data charges).
5. Suspension and termination of Coles for Business Cards from Google Pay
If your Card or account is locked, suspended or cancelled under the Coles for Business Terms and Conditions [Coles],we may also block your ability to use your Card with Google Pay.
We can also lock, suspend or cancel Your Card in Google Pay if:
(i) Google or the applicable card network tell Us to do it (for example, in circumstances of suspected fraud) or
(ii) Our arrangements with Google regarding Google Pay cease or are suspended. We may not tell you before we do this, however, we will where we can.
6. Data collection and privacy
(a) Archa may collect information relating to Your Android 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 Coles for Business Card properly functions in Google Pay;
(ii) for security purposes and to identify fraud; and
(iii) for Archa to better provide assistance to You.
(b) We may also exchange information with Google and service providers:
(i) to enable the use of the Coles for Business Card with Google Pay and to improve Google 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 a Coles for Business Card for use in Google Pay.
In relation to Our handling of your personal information, this section applies in addition to:
· theColes for Business Credit Terms and Conditions; and
· any privacy statement or privacy collection notice previously provided to you which set out more general information about how Coles and Archa collect, store, use and disclose information about you. (d) Once a Coles for Business Card is registered to Your Android Device, Google may access Your personal information regarding the use of that Coles for Business Card through Google Pay. Please see Google's privacy policy at https://www.google.com/au/privacy.
7. Google Pay provided by Google
(a) Google Pay and the Android Devices are provided by Google, not by Archa.
(b) Archa's obligation to You in relation to the functionality of Google Pay is limited to securely supplying information to Google in order to allow the use of a Coles for Business Card through Google Pay.
(c) We are not otherwise liable for the use, functionality or availability of Google Pay, any Android Device, the availability of compatible contactless terminals, or a reduced level of service caused by the failure of third party communications and network providers.
8. Archa liability
Archa will not be liable for any loss arising from Your use of Google Pay to the extent the loss was caused by:
(a) Your use of Google Pay or the Android Device in a manner not permitted by Google (for example, by obtaining root access to Your Android Device); or
(b) a reduced level of service caused by matters beyond our reasonable control (for example, those caused by third party software and network providers).
9. Changes to these terms
(a) We may change these terms by giving You notice as described below.
(b) If we reasonably consider a change is unfavourable toYou, 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, by publishing on our website or other appropriate method before the change takes place.
(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.
10.Communication via SMS or Google Pay
As a condition of using Your Card in connection with Google Pay, we may communicate with You by sending an SMS to Your Android Device, an email to the email address You have provided to us orby 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.
11. 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.
12. Meanings of words
In these terms:
Another Cardholder means a person other than You who is nominated by You or is otherwise eligible to be issued with a Coles for Business Card linked to Your account and to whom the Card is issued at the request of the Account holder or Super User.
Google means Google Pty Limited ABN 46 002 510054 and/or its related bodies corporate and affiliates.
Android Device means a device manufactured by Google, which Archa determines is eligible for the registration of Coles for Business Cards to be used in Google Pay.
Google Pay means the mobile payment and digital wallet service created by Google that lets users transact using certain Android Devices and credit cards or debit cards registered on such Android Devices.
Archa, we or us means Archa Limited ABN 42614 724 355 and its successors and assigns, and 'our' has a corresponding meaning.
Biometric Identifier includes fingerprint, faceprint or similar biometric identifier.
Cardholder means the holder of the Coles for Business Card added to Google Pay on that holder’s Android Device and, as the context requires, includes You and Another Cardholder.
13.Trademarks
Google and Google Pay are trademarks of Google LLC.