Aleta Planet Terms & Conditions for Apple Pay
1. These Terms
1.1 The following terms and conditions ("Terms") govern your use of your Virtual Account in Apple Pay offered by Apple which is available on Apple Supported Devices. These Terms form an agreement that is legally binding between you and Aleta Planet VBA Pte Ltd ("Aleta Planet VBA " or "we") when you create, activate and/or use your Virtual Account in Apple Pay.
1.3 In the event of any inconsistencies between these Terms and the Other Terms, these Terms shall prevail over the Other Terms in respect of matters relating to your use of your Virtual Account in Apple Pay.
Please read these Terms carefully before creating, activating and/or use your Virtual Account in Apple Pay. If you do not agree fully with these Terms, you must not create, activate and/or use your Virtual Account in Apple Pay.
2. Use of Virtual Account
2.1 Apple Pay enables you to use your Virtual Account on your Apple Supported Devices so you can use your Apple Supported Devices to make: (i) contactless payments at merchants’ contactless-enabled point-of-sales terminals or magnetic stripe point-of-sales reader that accept contactless payments; and (ii) in-app commerce payments at merchants participating in the Apple Pay services.
2.2 The Apple Pay can only be accessed and used through the Apple Supported Devices that is compatible. Please contact Apple directly if you have questions about the Apple Supported Devices that can be used with Apple Pay.
2.4 By selecting a Virtual Account and placing your Apple Supported Devices near a merchant’s contactless-enabled point-of-sale terminal or reader; or using that Virtual Account for an in-app purchase, you are authorizing the contactless payment transactions for the merchant’s products or services with that Virtual Account through Apple Pay.
2.5 By using the Virtual Account for contactless or in-app payments, you agree and undertake to use the Virtual Account in accordance with these Terms, you accept the risk that activating Virtual Account on your Apple Supported Devices may lead to unauthorised contactless or in-app payment transactions using your Virtual Accounts through Apple Pay, and you will solely be liable for all contactless or in-app payment transactions made using the Virtual Accounts, notwithstanding that your Apple Supported Devices may have been used by any other person without your knowledge, authority or consent.
2.6 The functionality of any Virtual Account may be automatically updated, amended, suspended or cancelled without any prior notice to you at our sole discretion.
3.1 By creating or activating your Virtual Account for use in Apple Supported Devices, you represent and warrant that you are the person to whom the Virtual Account was issued to by the Aleta Planet VBA.
3.2 We may permit you to add the same Virtual Account to multiple Apple Supported Devices, the exact number to be determined by us from time to time. You must agree to these Terms each time you use your Virtual Account on any of your Apple Supported Devices. Please contact Apple directly to find out about any limitations or restrictions imposed on Apple Pay including any minimum software and hardware requirements.
4. License for Virtual Account
The Virtual Account remains our property. The Virtual Account is licensed, not sold, to you for use only in accordance with these Terms. You are granted a non-exclusive, non-transferable, non-sub-licensable, personal license to enable, access and use the Virtual Account on your Apple Supported Devices in accordance with these Terms. The provision of Virtual Account may include software that is licensed by third parties ("Third Party Licensors"). You shall not use any Virtual Account in a manner which infringes the rights of the Third Party Licensors in any way and will be personally liable for all uses of any Virtual Account which may potentially infringe upon the rights of the Third Party Licensors. All third party intellectual property marks, including logos of merchants, are the property of their respective owners. Your rights under the limited license granted under these Terms will immediately terminate if you fail to comply with these Terms, or if the Virtual Account is terminated by the Aleta Planet VBA.
5. Privacy and Security
When creating your Virtual Account, we collect certain information from Apple to verify your identity, to enable you to use a Virtual Account and facilitate your participation in the Apple Pay.
We will display certain account information relating to each Account you have selected to use in Apple Pay, including your most recent transaction data, but not your full Account number. You may decline to have the transaction data made available for display and still use Apple Pay, by turning off this feature manually through Apple Pay. You agree that we may also collect and use technical data and related information, including, but not limited to technical information about your Apple Supported Devices gathered periodically to facilitate the updates to our services. We may use this information as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
5.2 What Others Collect
5.3 Lost, Stolen or Unauthorized Use of your Apple Supported Device
You must report to us immediately if you suspect or become aware that your Apple Supported Device or credentials have been lost, stolen, misused, tampered with or compromised in any way or an unauthorized person has used or may use your credentials without authorization. Also change your credentials immediately to avoid any unauthorized use of a Virtual Account or of your personal information.
In the event of any loss, theft or disclosure of your credentials or your Apple Supported Device, you are responsible for all transactions made by anyone using your Virtual Account until we receive your notification of its loss, theft or disclosure of your credentials or your Apple Supported Device.
For security reasons, in the event you change your Apple Supported Devices, you must remove any and all Virtual Accounts in the existing Apple Supported Devices that you do not intend to use. We are not responsible for any loss or damage resulting from any wrongful or unauthorised use of any Virtual Accounts that you failed to remove. Upon termination of the Apple Pay, you must remove all Virtual Accounts in any and all your Apple Supported Devices.
Apple Pay and your Apple Supported Device may contemplate certain security features and procedures to protect against unauthorized use of any of your Virtual Account(s). These features and procedures are the sole responsibility of Apple. You agree not to disable any of these security features and to use these security features and procedures to safeguard all your Virtual Accounts.
5.4 Protecting your Apple Passwords and other Credentials
You are solely responsible for maintaining the confidentiality of your Apple User ID, Apple passwords, passcode and any other means that you may from time to time have to access your Apple Supported Device and/or Apple Pay. You should keep your Apple Supported Device and these credentials secure in the same manner as you would keep your physical Cards, and other personal identification numbers and passwords secure. We caution against you sharing your credentials with any other person as this will enable someone else to make contactless payment transactions, which will be considered authorized by you.
In the event of any loss, theft or disclosure of your credentials or your Apple Supported Device, you must take all reasonable steps to help stop the use of the Virtual Account and cooperate with us in any investigation and use any fraud prevention or other related measures we prescribe.
6. Third Parties
6.1 These Terms govern your access and use of the Virtual Account in Apple Pay. You may be subject to additional terms and conditions for your use of Apple Pay with other third parties, including but not limited to Apple, your wireless carrier and mobile network operator. These third parties have their own third party terms and conditions and you are subject to these when you use their services, give them your personal information or visit their respective sites. You shall be responsible for reading and understanding any third party terms and conditions. We are not responsible for any terms and conditions that you agree to with third parties for use of Apple Pay.
6.2 We are not responsible for your use of Apple Pay or any service, software, hardware or other product or services provided to you by Apple or any third party engaged by Apple. We are not responsible for the security, accuracy, legality, appropriateness or other aspect of the function or content of Apple’s or any third party’s product or services.
7. Suspension, Cancellation and Termination
We reserve the right to suspend, cancel or discontinue offering or supporting any Virtual Account or to not participate in the Apple Pay service or to suspend or discontinue the use of any Virtual Account through Apple Pay for any reason at our sole discretion. To the extent allowed by applicable law, we may restrict, suspend, cancel, block, terminate, disqualify or discontinue your use of any Virtual Account at any time without notice for any reason, including but not limited to any potential or actual breach of these Terms or the Other Terms.
8. DISCLAIMER AND EXCLUSION OF LIABILITY
8.1 YOU EXPRESSLY AGREE THAT ACCESS AND USE OF ANY VIRTUAL ACCOUNT THROUGH APPLE PAY IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY VIRTUAL ACCOUNT IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" BASIS. WE, ON BEHALF OF OURSELVES AND OUR SUPPLIERS, HEREBY EXCLUDE AND DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE, ON BEHALF OF OURSELVES AND OUR SUPPLIERS, ALSO DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, A VIRTUAL ACCOUNT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OR AVAILABILITY OF A VIRTUAL ACCOUNT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT A VIRTUAL ACCOUNT WILL BE FREE FROM ERRORS OR DEFECTS.
8.2 ACCESS, USE AND MAINTENANCE OF A VIRTUAL ACCOUNT DEPEND ON THE APPLE PAY SERVICES AND THE NETWORKS OF WIRELESS CARRIERS. WE DO NOT OPERATE THE APPLE PAY SERVICES OR SUCH NETWORKS AND HAVE NO CONTROL OVER THEIR OPERATIONS. WE WILL NOT BE LIABLE TO YOU FOR ANY CIRCUMSTANCES THAT INTERRUPT, PREVENT OR OTHERWISE AFFECT THE FUNCTIONING OF ANY VIRTUAL ACCOUNT, SUCH AS UNAVAILABILITY OF THE APPLE PAY SERVICES OR YOUR WIRELESS SERVICE, COMMUNICATIONS, NETWORK DELAYS, LIMITATIONS ON WIRELESS COVERAGE, SYSTEM OUTAGES, OR INTERRUPTION OF A WIRELESS CONNECTION.
8.3 USE OF A VIRTUAL ACCOUNT INVOLVES THE ELECTRONIC TRANSMISSION OF PERSONAL INFORMATION THROUGH THIRD PARTY CONNECTIONS. BECAUSE WE DO NOT OPERATE OR CONTROL THESE CONNECTIONS, WE CANNOT GUARANTEE THE
PRIVACY OR SECURITY OF THESE DATA TRANSMISSIONS. ADDITIONALLY, YOUR APPLE SUPPORTED DEVICE'S BROWSER IS GENERALLY PRE-CONFIGURED BY YOUR WIRELESS CARRIER. CHECK WITH APPLE AND YOUR WIRELESS CARRIER FOR INFORMATION ABOUT THEIR PRIVACY AND SECURITY PRACTICES.
8.4 In addition to the Other Terms, we are not liable for any direct, indirect, incidental, punitive, special or consequential damages or economic Losses whatsoever or howsoever caused arising directly or indirectly in connection with poor or interrupted mobile network coverage.
In addition to the Other Terms, you agree to hold us harmless and indemnify us and all our servants, employees, nominees, directors, licensors, sponsors, affiliates and agents for any Loss and embarrassment suffered by us (other than such Loss and embarrassment arising from our or our employees' and agents' wilful misconduct or negligence) from any claim or demand, including reasonable legal fees, made by a third party due to or in connection with your access and/or use of the Apple Pay, including each transaction made using the Virtual Accounts.
Any failure or delay by us in exercising or enforcing any right we have under these Terms does not operate as a waiver of and does not prejudice or affect our right subsequently to act strictly in accordance with our rights.
You agree that these Terms may be changed from time to time. If we change or add a term or condition to these Terms, we will notify you in accordance with our usual practice and the change or addition will take effect on the date specified in the notice. If you do not accept the change or addition to these Terms, you must stop accessing and using any Virtual Account and, as soon as possible, delete all Virtual Accounts from Apple Pay. If you continue to access and use any Virtual Account after the change or addition takes effect, you will be deemed to have accepted the change or addition without reservation.
10.3 Impairment of Terms
If any of these Terms are invalid, unlawful or unenforceable under the laws of any country, it shall not affect or impair the validity, legality or enforceability of the rest of the terms and/or the terms under the laws of any other country.
We may close and revoke any Virtual Account or discontinue offering or supporting Apple Pay with or without notice to you if, because of any change to any applicable law, regulation, regulatory requirement or judicial decision, or in our opinion, maintaining or performing any obligation under these Terms becomes illegal, or we are otherwise prohibited from doing so. If this happens, you must pay us all Liabilities on demand.
These Terms are binding on you and us and on our successor or assignee. These Terms are binding even if:-
we change our name or constitution; or
we consolidate or amalgamate with another entity, in which case, that entity will substitute us in relation to these Terms and all Accounts will continue in force between you and that entity.
You cannot assign or transfer your rights and obligations under these Terms without our prior written permission.
10.6 The Contracts (Rights Of Third Parties) Act
Unless we expressly state so, a person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act (Chapter 53B) of Singapore to enforce or enjoy the benefit of these Terms.
10.7 Applicable Law and Proceedings
These Terms are governed by and will be interpreted according to the laws of Singapore. You agree to irrevocably submit to the exclusive jurisdiction of the courts of Singapore which means that legal proceedings against us can only be brought in the courts of Singapore. Any judgment or order made by the courts of Singapore cannot be enforced or executed against any of our branches overseas. This clause does not limit our right to bring legal proceedings in any country and to take concurrent legal proceedings in more than one country.
10.8 Meaning of Words
- Apple Supported Devices mean Apple device supporting Apple Pay services.
- Virtual Account means any virtual account issued by us including any personal account, business account, corporate account or an account by any other name and any replacement or renewal of any of these or other accounts that we may issue from time to time.
- Virtual Account means any Card which is digitised on Apple Supported Devices and registered to use with Apple Pay.
- Apple means Apple Inc.
- Liability means, all debts, liabilities or obligations you owe to us now or in future, whether actual or contingent, primary or collateral, several or joint.
- Loss includes claims, actions, losses, damages, demands, liabilities and costs of any kind.
- We / us / our / ourselves / Aleta Planet VBA means, Aleta Planet VBA and shall include its successors, assigns and related companies.
For the avoidance of doubt, where there are inconsistencies between the meanings of words set out in herein with the Other Terms, the meaning of words herein shall be applied when these Terms are read together with the Other Terms, in respect of matters relating to Virtual Accounts in accordance with Clause 1.3.