Terms & Conditions

For your access to and the use of your Card(s) via Apple Pay

1. Glossary

When certain words and phrases are used in these Terms and Conditions, they may have specific meanings (these are known as “defined terms”). You can identify these defined terms because they start with capital letters, even if they are not at the start of a sentence. Where a defined term is used, it has the meaning set out below or that is given to it in the relevant section of these Terms and Conditions or the Card Terms and Conditions in which it has been defined.

“Apple” means a California corporation, having a principal place of business at 1 Infinite Loop, Cupertino, California 95014 USA or any other address as this may be amended from time to time.
“the Bank”, “we”, “our”, “us” means C. Hoare & Co.
“Card(s)” means the card(s) issued by the Bank to you, as Cardholder, under the Card Terms and Conditions.
“Card Terms and Conditions” means any of the Bank’s:
- Visa Debit Card Terms & Conditions;
- Visa Credit Card Terms & Conditions;
- Visa Business Card Terms & Conditions;
- Visa Currency Card Terms & Conditions; and
- Visa Business Currency Card Terms & Conditions.
“Device” means a smartphone, smartwatch or other kind of device storing digital replicas of your Card(s).
“Tokenisation Services” means the use of Apple Pay services.
“Wireless Carrier” means the service provider which provides your connection to the mobile network in order for the Device to operate.

2. About these Terms and Conditions

2.1 The Tokenisation Services enable you to make use of your Card(s). You acknowledge that any transactions made through the use of the Tokenisation Services are governed by the Card Terms and Conditions related to your Card(s) as supplemented by these Terms and Conditions.

2.2 These Terms and Conditions govern your access to and use of your Card(s) via Apple Pay, only as between the Bank and you.

2.3 These Terms and Conditions will not apply in respect of any third party accounts that you access via Apple Pay, as these are governed by separate agreements. The Bank is in no way responsible for the security, accuracy, legality, appropriateness or any other aspect of the content or function of any third party’s products and/or services.

2.4 Your Device provider and/or other third party services or websites incorporated in Apple Pay have their own sets of terms and conditions and privacy policies. You are separately bound by those terms and conditions when you provide Apple with your personal information, use their services and/or visit their websites.

It is your responsibility to read and understand the third party agreements before creating, activating and/or using a digital replica of your Card(s) through Apple Pay.

2.5 The Bank is not responsible and does not provide any support or assistance for any third party hardware, software, products or services. If you have any queries or concerns about a third party product or service, you should seek customer support from such third party, as appropriate.

3. Eligibility

3.1 You may use your Card(s) to create a digital replica of it/them for use with Apple Pay.

3.2 Where your Device provider has not imposed any limitations or restrictions on Apple Pay, and it does not have any minimum software and hardware requirements in place, the Bank, at its sole discretion, may allow you to add the same Card to more than one Device. The Bank may withhold such consent at any time.

4. Using the Tokenisation Services

4.1 You agree to use your Card(s) only with a Device properly equipped with Apple Pay and to comply with all terms and conditions applicable to Apple Pay. If in doubt about whether your Device is eligible for use with Apple Pay, you should contact your Device provider directly.

4.2 Before registering with Apple Pay, you must ensure that your security details are linked to your Card(s) that you intend to use on your Device, as these details will subsequently be used for any authorisation to make transactions on your Device.

4.3 You acknowledge that the Bank will assume that any transactions made using your Card(s) and linked security details on the Device have been authorised by you.

5. Charges

By accepting these Terms, you accept that the Bank may amend its pricing policy and charge for the provision of the Tokenisation Services in the future. The Bank shall notify you of any such amendment in its pricing policy by providing you with one (1) month’s notice. Any future charges will appear in the Bank’s Tariffs & Cut-Off Times document. If you do not accept the fees, you may choose to close your account with us, in which case the conditions set out in section 7 (Suspension; Termination) will apply.

6. Tokenisation Privacy Obligations

6.1 You must at all times observe the requirements of clause 10.5 (Security) of the Bank’s Guide To Your Accounts Terms & Conditions. You are responsible for keeping your security details confidential. You should keep these, along with your Device, safe in the same way you would keep safe your physical Cards and other personal identification numbers and passwords.

6.2 You must inform us immediately, on 0207 353 4522, if your Device is lost or stolen or in case of unauthorised use of your Device.

6.3 In addition to the requirements set out in clause 10.5 (Security) of the Bank’s Guide To Your Accounts Terms & Conditions, immediately after you realise that your Device has been lost, stolen or used without your authority, you must change your security details and, if you have consented to the Bank’s use of behavioural biometric information to authenticate your transactions, you should ensure that only your personal biometric data (e.g. fingerprints) are linked to your Device. If you get a new Device, you must make sure that you have deleted your Card(s) and any personal information from your old Device.

6.4 Apple may have their own systems and procedures in place to safeguard against the unauthorised use of your Card(s). These systems and procedures, and any additional security requirements they might impose on you, are separate to those of the Bank and observance of any such systems, procedures, and other security requirements is the sole responsibility of your Device provider. You agree not to disable any of these security features and to use them to safeguard your Card(s).

7. Suspension; Termination

7.1 In addition to the Bank’s rights of suspension and termination set out in the Card Terms and Conditions, we reserve the right, upon giving you notice of not less than two (2) months, to stop offering or supporting any digital replica of your Card(s) or to stop providing the Tokenisation Services.

7.2 We further reserve the right to block, suspend or terminate your use of your Card(s) where we have reasonable suspicion of fraudulent or criminal activity concerning the use of the Tokenisation Services.

7.3 You accept that we might block, suspend or terminate your use of your Card(s) through Apple Pay if you are in breach of: (a) any of the Card Terms and Conditions; or (b) any provision of these Terms and Conditions. In such circumstances, we will not be liable to you or any third party.

7.4 Your Device provider might reserve the right to block, suspend or terminate your use of your Card(s) without any reference to us. In such circumstance, we will not be liable to you or any third party.

7.5 We will inform you as soon as practicable where a block or suspension has been removed from your Card(s). In such a case, you will be able to continue the use of the Tokenisation Services as soon as we notify you of the same.

7.6 You may remove Apple Pay functionalities from your Card(s) through your Device at any time without notice to the Bank.

8. Access to Apple Pay infrastructure

8.1 You acknowledge that the continued access, use and maintenance of any digital replica of your Card(s) depends on the proper operation of Apple Pay as well as that of your Wireless Carrier. We will not be liable to you for any interruptions or other deficiencies that are attributed to Apple Pay and/or your Wireless Carrier which might affect the functioning of your Card(s). These might include but are not limited to: unavailability of Apple Pay on your Wireless Carrier’s service, network delays, system outages, and limitations or interruptions of wireless coverage.

8.2 You further acknowledge that we are not responsible for the electronic transmission of personal information through third party connections. You must check the privacy and security policy of your Device provider as well as that of your Wireless Carrier, and observe your obligations to them, independently of your observance of these Terms and Conditions.

9. Our Liability

In addition to the exclusions and limitations of our liability that are contained in the Card Terms and Conditions or in any other provision of these Terms and Conditions, you agree that where any Apple Pay functionality is updated or upgraded, we will not be required to provide you with a notice of the same.

10. Variation

We may change these Terms and Conditions from time to time in accordance with the variation provisions of the Card Terms and Conditions.

11. General

11.1 Any delay or failure to exercise any right or remedy under these Terms and Conditions by us shall not be construed as a waiver of that right or remedy or preclude its exercise at any subsequent time.

11.2 If any provision of these Terms and Conditions is deemed unenforceable or illegal, the remaining provisions will continue in full force and effect.

11.3 You may not assign or transfer any of your rights and/or benefits under these Terms and Conditions and you shall be the sole party to the contract between us and you. We may assign our rights and benefits at any time without prior written notice to you. We may subcontract any of our obligations under these Terms and Conditions.

11.4 No third party who is not a party to these Terms and Conditions has a right to enforce any of the provisions in these Terms and Conditions and the Contracts (Rights of Third Parties) Act 1999 shall not apply.

11.5 These Terms and Conditions shall be governed by and construed in accordance with English law. You agree with the Bank that the courts of England shall have exclusive jurisdiction to settle any disputes which may arise in connection with these Terms and Conditions, but because this provision is included for the benefit of the Bank only, the Bank retains the right to bring proceedings in any other court or courts which would have had jurisdiction but for these Terms and Conditions.