Magent Card -
Apple Pay Terms and Conditions
Introduction
These Magent Card – Apple Pay Terms and Conditions (“Terms”) are an agreement between you and Avocado Labs Operations Limited (“Magent” or “we/us/our”) that govern your access to and use of the Magent Card through Apple Pay. “Apple Pay” shall include the Apple Pay branded payment platform, the Magent Card provisioning functionality, and transaction history displayed. Your use of Apple Pay to purchase goods and services from Merchants with your Magent Card is governed by the Magent Card Terms and Conditions (“Magent Card Terms”). In the event of inconsistency between these Terms and the Magent Card Terms with respect to the use of the Magent Card through Apple Pay, these Terms shall prevail. Capitalized terms not defined herein shall have the meanings ascribed to them in the Magent Card Terms.
Please take the time to read and understand these Terms before you decide whether to accept them and continue with the provisioning of your Magent Card to an Eligible Device (as defined in Clause 3.1 below) so that you are aware of your legal rights and obligations. By provisioning your Magent Card to an Eligible Device, and/or using your Magent Card in connection with Apple Pay, you acknowledge and agree that: (i) you are entering into a binding contract with us and shall be deemed to have expressly read, understood and agreed to be bound by these Terms; and (ii) you also agree to be bound by the terms and conditions of Apple Asia Limited and/or its affiliates (“Apple”) with respect to the use of Apple Pay, which may be updated or amended by Apple in its sole discretion from time to time.
Collection And Processing Of Personal Information
By provisioning your Magent Card to an Eligible Device, and/or using your Magent Card in connection with Apple Pay, you acknowledge that you have read and understood the privacy notices / polices of all relevant parties mentioned in these Terms. Every relevant party participating in these transactions provisions is obliged to comply with the applicable privacy laws.
Magent and Apple each independently determine the purposes and the means of processing of your personal information. In order for Magent and Apple to provide Apple Pay relevant services, you acknowledge that they may disclose to applications, websites and other services that you have set up a Magent account or Apple Pay, and understand that your device, payment, location, transaction and account information may be shared with your payment method's network. Where necessary to process your transactions, you also acknowledge Magent and Apple sharing your personal information with merchants, payment processors, and other third parties.
You acknowledge that (i) Apple, the provider of Apple Pay technology that supports the Magent Card in Apple Pay, as well as its sub-contractors, agents, and affiliates, (ii) Magent, the provider of Magent Card, as well as its sub-contractors, agents, and affiliates, and (iii) the Card Network as well as its sub-contractors, agents, and affiliates, will have access to certain details of your transactions made with Merchants via use of your Magent Card through Apple Pay. You acknowledge that the use and disclosure of any personal information provided by you to Apple, Magent, the Card Network, or any other third parties supporting Apple Pay as a result of your transactions made with Merchants via use of your Magent Card through Apple Pay, will be governed by the respective privacy notice / policy of each party.
Eligibility / Enrolment
Apple Pay is available to Magent Card holders with a compatible Apple mobile device that contains a secure element (“Eligible Device”), for the purposes of purchasing goods and services from Merchants that accept Apple Pay as a form of payment.
Apple Pay allows you to use your Eligible Device to access and use the digital representation of your Magent Card to make such purchases in place of presenting or using your physical Magent Card. To provision your Magent Card to an Eligible Device, you must register your Magent Card through Apple Pay. You may be required to take additional steps to authenticate yourself before your Magent Card is provisioned to an Eligible Device, including by providing additional identification proof.
By provisioning your Magent Card to an Eligible Device, a unique numerical identifier different from your Magent Card number will be allocated for the purpose of making purchases and receiving refunds through Apple Pay.
Due to the manner in which Apple Pay operates, you may need to present your Eligible Device at a Merchant when you return an item purchased using Apple Pay on such Eligible Device.
We are entitled, in our sole discretion, to approve or reject the provisioning of any Magent Card to an Eligible Device and are not obligated to give you any reason for our approval or rejection.
Your Use Of The Magent Card Through Apple Pay And Your Device
You represent and warrant to us that: (i) the Magent Card you provision to an Eligible Device is your Magent Card; (ii) you and all transactions initiated by you or using the Magent Card provisioned to an Eligible Device will comply with all Applicable Laws; (iii) you will not use your Magent Card through Apple Pay for any fraudulent undertaking or in any manner so as to interfere with the operation of Apple Pay; (iv) you will not permit any use of your Magent Card through Apple Pay by any third party; and (v) your use of your Magent Card in connection with Apple Pay will comply with these Terms.
You are solely responsible for the use of your Magent Card through Apple Pay in accordance with these Terms and the Magent Card Terms, and the Applicable Laws. You must keep your Eligible Device safe and ensure that where your passcode or personal identification number is required to allow you to use your Eligible Device to access and use your Magent Card to make purchases through Apple Pay, your pasƒscode or personal identification number is not disclosed to any one and you must take all steps to prevent any fraud, loss, theft or unauthorized use or access in respect of the Eligible Device or your Magent Card in connection with the use of Apple Pay. Neither we nor our affiliates shall under any circumstances be liable to you for unauthorised transactions caused by your failure to keep your passcode or personal identification number secure.
If you enroll for biometric verification such as finger print identity, personal identification number or passcode (collectively, “Authentication Data”) on Apple Pay, the collection, storage, enrollment and access to Apple Pay using your Authentication Data will be made using the technology on your Eligible Device. Accordingly, when you log into Apple Pay and choose to be verified using the technology on your Eligible Device, your Authentication Data will be matched and verified against your Eligible Device’s technology. You acknowledge that we have no control over the technology on the Eligible Device, the availability, capability, verification method, security and integrity of the Eligible Device and cannot be held responsible for transactions effected using Apple Pay and authorised using any Authentication Data. You should therefore assess if the Eligible Device’s manner of verification and risks associated with such use is acceptable to you.
If biometric information may be used to identify you or be used to grant access to the Eligible Device to access and use your Magent Card, you must not save a third party’s biometrics such as finger print on the Eligible Device. In the event a third party’s biometrics is saved on the Eligible Device, whether now or in the future, and such biometric details can be used to grant access to the Eligible Device to access and use your Magent Card, you understand and acknowledge that such person, using his or her biometrics, will be able to access and use your Magent Card and make purchases with Apple Pay using your Magent Card.
You agree that the access and use of your Magent Card on Apple Pay will be considered as authorized by you and you shall be responsible and liable for the same. Should you discover that your Eligible Device is lost or stolen, any Authentication Data is compromised or used, or your Magent Card has been used through Apple Pay without your permission, you shall notify us immediately by contacting us at support@magent.finance. In addition, where your Authentication Data is compromised or your Eligible Device has been accessed or used in an unauthorised manner, you should, as soon as possible, reset the Authentication Data on your Eligible Device.
You will not be liable for unauthorized use of your Magent Card in connection with Apple Pay that occurs after you notify us of the loss, theft or unauthorized use or access of your Eligible Device. You agree to cooperate completely with us in attempts to recover funds from unauthorized users and to assist in their prosecution. In addition, you acknowledge that we may have to deactivate your Magent Card to prevent future losses.
You agree and acknowledge that the transaction history displayed in Apple Pay in connection with use of your Magent Card in Apple Pay solely represents our authorisation of your Apple Pay transaction using that particular Eligible Device and does not reflect any post-authorisation activity, including but not limited to clearing, settlement, foreign currency exchange, reversals, returns or chargebacks. The purchase amount and other details for your Apple Pay transaction history in connection with use of your Magent Card in Apple Pay may not match the transaction amount that is ultimately cleared, settled, and reflected on your Spending Budget.
We currently do not impose a fee for using your Magent Card through Apple Pay but we reserve the right to impose a fee in the future, in which case it will be debited from your Spending Balance. Your telecommunications carrier or provider may impose web-enablement, data usage or text messaging fees or other charges for your use of Apple Pay.
As a condition to using your Magent Card in connection with Apple Pay, you acknowledge and consent to us sending notifications to the Eligible Device which may or may not be the same device as the Enabled Device and/or your phone number on record with us. If at any time you revoke this consent, we may suspend or cancel your ability to use your Magent Card in connection with Apple Pay.
Devices modified contrary to the software or hardware guidelines of a manufacturer, including by disabling hardware or software controls, sometimes referred to as jailbreaking are not Eligible Devices. You acknowledge that the use of a modified device to use your Magent Card in connection with Apple Pay is expressly prohibited, constitutes a violation of these Terms, and is grounds for us to deny your access to your Magent Card through Apple Pay.
We reserve the right to suspend, restrict or disable your ability to use your Magent Card in connection with Apple Pay at any time, for any reason, without notice or liability to you.
The use of your Magent Card through Apple Pay is subject to the Card Limits as set out in the App which may be amended by us from time to time.
Merchant Relationships And Disclaimers
Merchants may present to you certain discounts, rebates or other benefits (e.g. free shipping) (“Offers”) in Apple Pay. Such Offers are subject to certain terms and conditions and may change at any time without notice to you. We will not be liable for any loss or damage as a result of any interaction between you and a Merchant with respect to such Offers. Subject to Applicable Law and the Magent Card Terms, all matters, including delivery of goods and services, returns, and warranties, are solely between you and the applicable Merchants. You acknowledge that we do not endorse or warrant the Merchants that are accessible through Apple Pay or any Offers that they provide.
Changes To Participation In Apple Pay And These Terms
We may at any time, with or without notice and exercising our discretion in a reasonable manner (i) terminate your use of Magent Card in connection with Apple Pay; (ii) change the eligibility of a Magent Card for use with Apple Pay; and/or (iii) change the Magent Card authentication process.
These Terms may from time to time be updated or amended (including fees and limits, or to introduce new terms), and we will post any such updates on the App and Site. Such updated Terms as posted will take effect immediately upon posting on the App and the Site. You should regularly check the App and Site to inform yourself of any such changes.
Intellectual Property Rights
You acknowledge and agree that:
Apple and Apple Pay are trademarks of Apple Inc., registered in the U.S. and other countries and regions;
all intellectual property rights including trademarks, service marks, trade dress, logos, taglines, slogans, products, patents, trade secrets, copyrights and any other intellectual or proprietary rights, registered or unregistered, in Apple Pay (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) (collectively, “Intellectual Property“) are directly or indirectly owned by or licensed to Apple and its affiliates;
nothing in these Terms gives you any rights in respect of any Intellectual Property owned by Apple or its affiliates; and
you do not acquire any ownership rights by provisioning your Magent Card to an Eligible Device, or using your Magent Card in connection with Apple Pay.
Disclaimers Of Warranty / Limitation Of Liability
Apple Pay is provided by Apple, and without warranty from us. You acknowledge and agree that from time to time, your use of your Magent Card in connection with Apple Pay may be delayed, interrupted or disrupted for an unknown period of time for reasons we cannot control. Neither we nor our affiliates will be liable for any claim arising from or related to use of your Magent Card through Apple Pay due to such delay, interruption, disruption or similar failure.
You acknowledge that we are not party to the terms and conditions between you and Apple and we do not own and are not responsible for Apple Pay. We are not providing any warranty for Apple Pay. We are not responsible for maintenance or other support services for Apple Pay and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to Apple Pay, including, without limitation, any third party product liability claims, claims that Apple Pay fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of Apple Pay, including those pertaining to Intellectual Property, must be directed to Apple.
We do not recommend, endorse or make any representation or warranty of any kind regarding the performance or operation of your Eligible Device. You are responsible for the selection of an Eligible Device and for all issues relating to the operation, performance and costs associated with such Eligible Device.
NOTWITHSTANDING ANYTHING IN THESE TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR ANY OF OUR REPRESENTATIVES BE LIABLE TO YOU: (a) FOR ANY LOSSES OR DAMAGE OR CLAIMS (i) DUE TO AN UNFORSEEABLE EVENT, OUTSIDE OUR REASONABLE CONTROL AND THE CONSEQEUNCES OF WHICH COULD NOT HAVE BEEN AVOIDED EVEN IF ALL DUE CARE HAD BEEN EXERCISED (INCLUDING BUT NOT LIMITED TO FORCE MAJEURE EVENTS, EVENTS OF WAR OR CIVIL UNREST, NATURAL DISASTERS, STRIKE, LOCK-OUT, TRAFFIC DISRUPTION, ACTS OF DOMESTIC OR FOREIGN GOVERNMENTAL AUTHORITIES); (ii) ARISING FROM OR IN CONNECTION WITH: (A) ANY DELAY, SUSPENSION, DISCONTINUANCE OR FAILURE OF APPLE PAY, THE APP OR SERVICES; (B) ANY REJECTION OF THE MAGENT CARD; (C) ANY REFUSAL TO PROCESS OR AUTHORISE ANY TRANSACTION FOR ANY REASON; (D) YOUR INABILITY TO PROVISION YOUR MAGENT CARD TO AN ELIGIBLE DEVICE OR TO EFFECT OR COMPLETE ANY TRANSACTION DUE TO SYSTEM MAINTENANCE OR BREAKDOWN / NON-AVAILABILITY OF APPLE PAY, THE APP, NETWORK, OUR HARDWARE OR SOFTWARE OR THAT OF ANY THIRD PARTIES OR ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM APPLE PAY; (E) USE OF YOUR ELIGIBLE DEVICE AND THE SERVICES BY THIRD PARTIES, WHETHER AUTHORIZED OR UNAUTHORIZED BY YOU; (F) ANY THEFT OR LOSS OF YOUR ELIGIBLE DEVICE; (G) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH APPLE PAY BY ANY THIRD PARTY; (H) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH APPLE PAY; AND/OR (I) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; (iii) CAUSED BY APPLE DUE TO THEIR COMPLIANCE WITH APPLICABLE LAWS, COURT ORDERS, AND/OR CARD NETWORK RULES; AND (b) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS FOR LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF APPLE PAY, INCLUDING YOUR USE OF YOUR MAGENT CARD IN CONNECTION WITH APPLE PAY, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES TO THESE TERMS, REGARDLESS OF WHETHER SUCH DAMAGES WERE DIRECT OR INDIRECT, FORESEEABLE OR UNFORESEEABLE, OR WHETHER WE OR OURREPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In any case, the total liability of us arising out of or in connection with these Terms shall be limited to your Spending Budget as of the date your claim arises.
Nothing in these Terms shall operate to limit or exclude any liability for fraud or for death or personal injury resulting from negligence.
Indemnification
You agree to indemnify and hold us, our Affiliates and Third-Party Providers, and each of their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys’ fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to (i) your breach of these Terms; (ii) your use of Apple Pay, the App, Services, the Magent Card and/or the Spending Budget; (iii) your violation of any law, rule or regulation, or the rights of any third party; (iv) any transactions resulted from your wilful default, fraud, gross negligence or breach of these Terms; (v) any access or use of Apple Pay by any other party with biometrics authentication or personal identification number or passcode or other appropriate security code; and (vi) any change in law, regulation or official directive which has an effect on the Magent Card or Apple Pay, and the same may be debited to your Magent Card and/or shall be paid by you on demand.
Governing Law And Jurisdiction
These Terms shall be governed by and interpreted in accordance with the laws of Hong Kong, without regard to any applicable conflict of law provisions. The parties shall negotiate in good faith to seek an amicable resolution to any Disputes. If the parties are unable to reach a resolution within thirty (30) days from the date the aggrieved party notifies the other party of the Dispute, the Dispute shall be referred to and finally resolved by arbitration administered by the HKIAC under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one (1), to be appointed by agreement between the parties. The arbitration proceedings shall be conducted in English. Any awards or decisions rendered shall be final and binding upon the parties.