Travel Buddy Tokenization
These Universal Wallet Terms and Conditions (the “Wallet Terms”) are an agreement between you and BFC Payments B.S.C. (Closed) (hereinafter called “BFCP” or “We” or “Us”) that governs your access to and use of Apple Pay® (a service offered by Apple®) and Samsung Wallet (a service offered by Samsung Gulf Electronics FZE), (hereinafter each called a “Wallet” and together the “Wallets”) on your Travel Buddy Card including any supplementary cards issued by BFCP and they supplement the applicable terms and conditions between you and us in connection with each Card Account wallet to which the Travel Buddy
Card is linked available on our website (the “General T&Cs”). Your enrolment into the Wallets does not impact any other agreement we may have with you and Credit and Debits made to your Card Account wallet, whether made using a Wallet or your physical card, which will continue to be governed by the General T&Cs.
By choosing to add or use the Travel Buddy Card in or through the Wallets, you agree to use your Travel Buddy Card through the Wallets in accordance with these Wallet Terms. If you do not agree to these Wallet Terms, then you must not add your Card to, or use your Card in connection with the Wallets. Use of the Wallets is at your discretion. You are not obliged to use the Wallets in connection with your Travel Buddy Card. We, in our sole and absolute discretion, shall determine which Travel Buddy Cards will be eligible for use through the Wallets.
Unless otherwise defined or the context requires otherwise, any terms not defined herein shall have the same meaning prescribed to them in the General T&Cs. In case of any inconsistency between General T&Cs and these Wallet Terms, the latter shall prevail.
The term Apple Pay® shall include the Apple Pay® branded payment functionality, the Card provisioning functionality, the transaction history displayed by the Apple Pay® Wallet application, the Apple Watch® application, Apple Pay® on the Web, the Apple Watch®, and any other Eligible Device (as defined below). The term, Samsung Wallet, shall include the Samsung Wallet branded payment functionality, the Card provisioning functionality, and transaction history displayed.
You acknowledge that your use of Apple Pay® and/or Samsung Wallet to purchase goods and services with your Travel Buddy Card is further governed by Apple Pay® Terms and Conditions, and any other applicable terms and conditions set forth by Apple®, its affiliates and/or any third party supporting Apple Pay® (jointly‘®) (the “Apply Pay T&Cs”) and Samsung Wallet is subject to the terms and conditions set forth by Samsung Gulf Electronics FZE and/or its affiliates (jointly ‘Samsung’) (the “Samsung Wallet T&Cs”) with respect to the use of Samsung Wallet as applicable. If you proceed to provision and use the Travel Buddy Card on Apple Pay® and/or Samsung Wallet, you will be deemed to have accepted the Apple® T&Cs and/ or the Samsung Wallet T&Cs respectively.
We may, at our sole and absolute discretion, allow you to provision and use the Travel Buddy Card on the Wallets, which you may have activated from time to time.
Eligibility / Enrollment
Apple Pay® is a service offered exclusively by Apple® and is available to Cardholders with a compatible Apple® device as determined by Apple® (“Apple Pay® Eligible Device”’) for the purposes of purchasing goods and services or for other permitted transactions at merchants that accept Apple Pay® as a form of
payment through near field communication (“NFC”) enabled payment terminals, for in-app purchases and for purchases on authorized merchant websites when using a compatible browsers or devices.
Samsung Wallet is available to cardholders for the purposes of purchasing goods and services with a compatible Samsung mobile device that contains a secure element (“Samsung Wallet Eligible Device”), at NFC enabled merchants that accept Samsung Wallet as a form of payment. The Apple Pay® Eligible Device and/or the Samsung Wallet Eligible Device may hereinafter each be referred to as an “Eligible Device” and together the “Eligible Devices”)
Wallets allow you to use your Apple Pay® Eligible Device or Samsung Wallet Eligible Device to access and use your Travel Buddy Card to make purchases in place of presenting or using your physical Travel Buddy Card. To add your Travel Buddy Card to a Wallet, you must register your Travel Buddy Card with the respective Wallet by linking (provisioning) your Travel Buddy Card to an Apple Pay® Eligible Device or Samsung Wallet Eligible Device. You may be required to take additional steps to authenticate yourself before your Card is added to a Wallet, including but not limited to providing additional identification information. When provisioning your Travel Buddy Card through a Wallet to an Apple Pay®Eligible Device or Samsung Wallet Eligible Device that contains a secure element, a unique numerical identifier (“Token”) different from your Travel Buddy Card number will be added to such secure element for the purpose of making purchases through a Wallet.
If your then present Travel Buddy Card is renewed or replaced due to its expiration or where you have requested for a replacement, your Token in a Wallet will be automatically updated with the new Travel Buddy Card information. Accordingly, you agree that your new Token (updated with the new Travel Buddy Card information) can continue to be used to make transactions through a Wallet even without activating your renewed/replaced physical Travel Buddy Card and you will be fully liable for these transactions. This automatic update will not apply in certain circumstances including, but not limited to, when your physical Travel Buddy Card is replaced due to a reported loss, theft, or unauthorised use, where no new cards have been issued and when your Apple Pay® Eligible Device or Samsung Wallet Eligible Device has been reported stolen.
Due to the manner in which a Wallet operates, you may need to present your Apple Pay® Eligible Device or Samsung Wallet Eligible Device at a merchant when you return an item purchased using a Wallet.
We may, at our sole and absolute discretion, approve or reject the addition of a Travel Buddy Card to a Wallet and need not give you any reason for our approval or rejection.
Your use of Travel Buddy Card Through a Wallet
You must keep your Apple Pay® Eligible Device or Samsung Wallet Eligible Device safe (including ensuring that the device is not modified contrary to the software or hardware guidelines of the manufacturer) 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 Travel Buddy Card to make purchases using a Wallet, your passcode or personal identification number is not disclosed to any one and you must take all precautionary steps and prevent any fraud, loss or theft in respect of your Apple Pay® Eligible Device or Samsung Wallet Eligible Device or any Travel Buddy Card. You are solely responsible for the selection, maintenance, security, and operation of your Apple Pay® Eligible Device or Samsung Wallet Eligible
Device or your internet service provider. It is your responsibility to delete your Travel Buddy Card from your old device if you upgrade, change, or dispose of it and then re-register your Travel Buddy Card to your new Apple Pay® Eligible Device or Samsung Wallet Eligible Device.
If you enroll/opt for biometric verification/authentication such as fingerprint identity (Touch ID), Face ID, personal identification number or passcode on Apple Pay® or Samsung Wallet, the collection, storage, enrolment, and access to Apple Pay® and/or Samsung Wallet using your biometric information, personal
identification number or passcode will be made using the technology on your Apple Pay® Eligible Device or Samsung Wallet Eligible Device. Accordingly, when you log into a Wallet and choose to be verified using the technology on your Apple Pay® Eligible Device or Samsung Wallet Eligible Device, your fingerprint or any other biometric information, personal identification number or passcode will be
matched and verified against your Apple Pay® Eligible Device or Samsung Wallet Eligible Device’s technology. Accordingly, you acknowledge that BFCP has no control over the technology on your Apple Pay® Eligible Device or Samsung Wallet Eligible Device, the availability, capability, verification method, security and integrity of your Apple Pay® Eligible Device or Samsung Wallet Eligible Device and
cannot be held liable for transactions effected using Apple Pay® and / or Samsung Wallet and authorised using any biometric information or personal identification number or passcode. You should therefore assess if your Apple Pay® Eligible Device or Samsung Wallet Eligible Device’s manner of verification/authentication and risks associated with such use is acceptable to you.
Where you have enrolled/opted for biometric verification/authentication as detailed above, you are responsible to ensure that only your biometric data is stored in your Apple Pay® Eligible Device or Samsung Wallet Eligible Device. Accordingly, you must not save a third party’s biometrics such as finger print or any other biometric information on your Eligible Device. You agree not to activate the biometric verification/authentication function and to immediately de-activate such biometric verification/authentication function in the event a third party’s biometrics is saved on your Apple Pay® Eligible Device or Samsung Wallet Eligible Device, whether now or in the future. In the event a third party’s biometric data is saved and activated on your Apple Pay® Eligible Device or Samsung Wallet
Eligible Device and you continue to use your Apple Pay® Eligible Device or Samsung Wallet Eligible Device to access and use your Travel Buddy Card through a Wallet using the biometric/verification authentication method despite the caution above, you understand that such third party, using his or her biometric data, will be able to use your Apple Pay® Eligible Device or Samsung Wallet Eligible Device
to access and use your Card to make purchases or perform transactions with a Wallet. You agree that any such purchases or transactions with a Wallet using your Travel Buddy Card by such third party will be considered as authorised by you and you shall be responsible and liable for these purchases.
Use of a Wallet is at your discretion. You are not obliged to use a Wallet in connection with any Travel Buddy Cards. Accordingly, you agree that the access and use of your Travel Buddy Card on a Wallet will be considered as authorized by you and you shall be responsible and liable for the same. If your Apple Pay® Eligible Device or Samsung Wallet Eligible Device is lost or stolen, any biometric information or personal identification number or other passcode is compromised or unauthorisedly used or Travel Buddy Card has been used through a Wallet without your permission, you must notify BFCP immediately and if we so require, furnish to us a statutory declaration in such form as we specify and/or a police report and/or any other information as BFCP may reasonably require. You are liable for all unauthorised use of your Card in connection with a Wallet. Notwithstanding the foregoing, you are liable for all unauthorised transactions on your Card in connection with a Wallet prior to you notifying us, unless (i) you have
fully complied with the safety precautions and you notified us without delay, (ii) you assist in the investigations and recovery, and (iii) we are satisfied that such unauthorised transactions are not due to your misconduct and/or negligence and/or that you have not acted fraudulently.
You agree and acknowledge that the transaction history displayed in a Wallet in connection with use of your Travel Buddy Card in a Wallet solely represents our authorisation of your Apple Pay® or Samsung Wallet transaction using that particular Apple Pay® Eligible Device or Samsung Wallet Eligible Device and does not reflect any post-authorisation activity including but not limited to clearing, settlement, foreign currency exchange, reversals, returns or chargebacks. Accordingly, the purchase amount, currency, and other details for your Wallet transaction history in connection with use of your Travel Buddy Card in a Wallet may not match the transaction amount that is ultimately cleared, settled, and posted to your Travel Buddy Card Statement. You will remain liable to us for the amounts set out on your Travel Buddy Card Statement.
We currently do not impose a fee for using your Travel Buddy Card through Apple Pay® or Samsung Wallet but we reserve the right to impose a fee in the future, and notified to you as appropriate. Please note that Apple®or Samsung or another third-party supporting Apple Pay® or Samsung Wallet may charge a fee for using your Travel Buddy Card in Apple Pay® or Samsung Wallet. Similarly, your telecommunications carrier or provider may impose web-enablement, data usage or text messaging fees or other charges for your use of Apple Pay® or Samsung Wallet.
As a condition to using your Travel Buddy Card in connection with a Wallet, you acknowledge and consent to us sending notifications to the Apple Pay® Eligible Device or Samsung Wallet Eligible Device which may or may not be the same device as your mobile phone number on record with us. If at any time you revoke this consent, we may suspend or cancel your ability to use your Travel Buddy Card through a Wallet.
Devices modified contrary to the software or hardware guidelines of a manufacturer, including by disabling hardware or software controls, sometimes referred to as jail breaking are not deemed as Apple Pay® Eligible Device or Samsung Wallet Eligible Device. You acknowledge that the use of a modified
device to use your Travel Buddy Card in connection with Apple Pay® is expressly prohibited, constitutes a violation of these Wallet Terms and is grounds for us to deny your access to your Travel Buddy Cards through a Wallet.
We have the right to suspend or cancel your ability to use your Travel Buddy Cards through a Wallet at any time and need not give you any prior notice or reason for doing so.
We have the right to impose a limit on the transaction amount charged to your Travel Buddy Card through a Wallet. The limit will be such amount as determined by us and notified to you.
Authorization to Collect and Share Data
You agree that we may collect, transmit, store, process and use technical, location, login or other information and personal data about you and your use of the Travel Buddy Cards through Apple Pay® and/or Samsung Wallet. You may revoke such consent at any time. You acknowledge that (i) Apple® and Samsung, the provider of Apple Pay® and Samsung Wallet technology respectively that support the Travel Buddy Cards in Apple Pay® and Samsung Wallet, as well as its sub-contractors, agents, and affiliates or other third parties supporting Apple Pay® and Samsung Wallet and (ii) the applicable payment network branded on your Card (e.g. MasterCard, Visa, and/or any of their affiliates) as well as subcontractors, agents, and affiliates of such payment networks, will have access to certain details of your transactions made with merchants via use of your Cards through Apple Pay® and/or Samsung Wallet. You acknowledge that the use and disclosure of any personal information provided by you directly to Apple® and/or Samsung, the applicable payment network branded on your Travel Buddy Card, or other third parties supporting Apple Pay® and Samsung Wallet, will be governed by the privacy policy of such party. We acknowledge that we shall only process your personal data in accordance with applicable data protection laws and regulations.
Merchant Relationships and Disclaimers
Merchants may present to you certain discounts, rebates or other benefits (e.g. free shipping) (“Offers”) in a Wallet. Such Offers are subject to certain terms and conditions and may change at any time without notice to you. We will 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 your Travel Buddy Card terms and conditions, all matters including delivery of goods and services, returns, and warranties, are solely between you and the applicable merchant. You acknowledge that we do not endorse or warrant the merchants that are accessible through a Wallet or the Offers, including but not limited to merchantability or fitness for any particular purpose of any goods and/or services that they provide. Any dispute that you have in connection with the goods or services purchased using your Travel Buddy Cards through a Wallet should be resolved between you and the applicable merchant.
Changes to Participation in the Apple Pay® and/or
Samsung Wallet and Terms and Conditions
Subject to applicable law, at any time BFCP may (i) discontinue Apple Pay® and/or Samsung Wallet or your access to Apple Pay® and/or Samsung Wallet, terminate your use of Cards through Apple Pay® and/or Samsung Wallet, (ii) modify or suspend the type or cap the value of transactions allowed using Cards through Apple Pay® and/or Samsung Wallet, (iii) change the eligibility of a Card for use with Apple Pay® and/or Samsung Wallet and (iv) change the Card authentication process, and/ or (v) terminate add, delete or change any term or condition of your Card terms and conditions or these Terms and Conditions. BFCP will provide you with notice of any such termination or change as required by law. Your continued
use of Apple Pay® and/or Samsung Wallet will constitute your acceptance and agreement to any such change.
BFCP may revise these Wallet Terms at any time and your continued use of a Wallet shall constitute your acceptance and agreement to such revisions, as implemented from time to time.
Intellectual Property
All intellectual property rights including all patents, trade secrets, copyrights, trademarks, and moral rights (collectively ‘Intellectual Property Rights’) in Apple Pay® and/or Samsung Wallet (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned either by Apple®, Samsung, BFCP, our licensors or third parties (as applicable). Nothing in these Terms and Conditions gives you any rights in respect of any intellectual property owned by Apple®, Samsung, BFCP, our licensors or third parties and you acknowledge that you do not acquire any ownership rights by adding your Card to, or using your Card in connection with, Apple Pay® and/or Samsung Wallet.
Disclaimers of Warranty
Apple Pay®
Apple Pay® is provided by Apple® and other third parties that support Apple Pay® and without a warranty from BFCP. You acknowledge and agree that from time to time, your use of your Card may be delayed, interrupted, or disrupted for an unknown period of time for reasons we cannot control. Neither BFCP nor our affiliates will be liable for any claim arising from or related to the use of your Card through Apple Pay® due to such delay, interruption, disruption, or similar failure.
You acknowledge that BFCP is not party to the terms and conditions for Apple Pay® between you and Apple® or the other third parties supporting Apple Pay® and we do not own and are not responsible for Apple Pay®. We do not provide 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 merchantability or fitness for any particular purpose, 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/or claims with respect to intellectual property rights infringement. Any inquiries or complaints relating to the use of Apple Pay®, including those pertaining to Intellectual Property Rights, must be directed to Apple or the other third parties supporting Apple Pay®.
Samsung Wallet
Samsung Wallet is provided by Samsung, and without a warranty from us. You acknowledge and agree that from time to time, your use of your Card in connection with Samsung Wallet 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 Card through Samsung Wallet due to such delay, interruption, disruption, or similar failure. You acknowledge that we are not party to the terms and conditions for Samsung Wallet between you and Samsung and we do not own and are not responsible for Samsung Wallet. We are not providing any warranty for Samsung Wallet. We are not responsible for maintenance or other support services for Samsung Wallet and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to Samsung Wallet, including, without limitation, any merchantability or fitness for any particular purpose, third
party product liability claims, claims that Samsung Wallet 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 Samsung Wallet, including those pertaining to Intellectual Property Rights, must be directed to Samsung.
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.
Limitation of liability
To the maximum extent permitted by applicable law, in no event shall BFCP, its processors, suppliers or licensors (nor their respective affiliates, agents, directors, and employees) be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, or other intangible losses, that result from the use of, inability to use, unavailability of Wallets, or your use of your card through Wallets.
To the maximum extent permitted by applicable law, BFCP, our processors, suppliers, and licensors (and their respective affiliates, agents, directors, and employees) assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of Apple Pay® and/or Samsun Wallets, including your use of your Card through Wallets; (iii) any interruption or cessation of transmission to or from Apple Pay® and/or Samsun Wallets; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through Wallets by any third party; (v) 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 Wallets and/or (vi) user content or the defamatory, offensive, or illegal conduct of any third party. This provision will survive the termination or expiration of these terms and conditions.
Indemnity – Apple Pay®
You will indemnify, defend, and hold BFCP (and its employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these Wallet Terms, including any violation of any policies of BFCP, Apple®or any related third party service provider; (b) your wrongful or improper use of Apple Pay®, including willful misconduct, negligence or fraud; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of the Central Bank of Bahrain or any other applicable country; (e) any access or use of Apple Pay® by any other party with your biometric data (including Touch ID or Face ID) or personal identification number or
passcode or other appropriate security code, and (f) any change in law, regulation or official directive which has an effect on the Card or Apple Pay®, and the same may be debited from your Card and/or shall be paid by you on demand. This provision will survive the termination or expiration of these Wallet Terms.
Indemnity – Samsung Wallet
You will indemnify, defend, and hold us harmless (and our employees, directors, agents, affiliates and representatives) from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these Wallet Terms, including any violation of our policies; (b) your wrongful or improper use of Samsung Wallet, including willful misconduct or fraud; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of the Central Bank of Bahrain or any other applicable country; (e) any access or use of Samsung Wallet by any other party with biometrics authentication or personal identification number or passcode or other appropriate security code, and (f) any change in law, regulation or official directive which has an effect on the Card or Samsung Wallet, and the same may be debited from your Card and/or shall be paid by you on demand. This provision will survive the termination or expiration of these Wallet
Terms.
Representation and Warranty
You represent and warrant to us that: (i) you and all transactions initiated by you or using any of your Travel Buddy Cards added to a Wallet will comply with all Central Bank of Bahrain rules and regulations applicable to you, including any applicable tax and any anti-money laundering laws and regulations; (ii) you will not use any of your Travel Buddy Cards through a Wallet fraudulently or in any manner so as to interfere with the operation of a Wallet; (iii) you will not permit any use of your Travel Buddy Card(s) through a Wallet by any third party; and (iv) your use of your Travel Buddy Card in connection with a Wallets will comply with these Wallet Terms.
These Wallet Terms are governed by the laws of the Kingdom of Bahrain and you hereby agree to submit to the exclusive jurisdiction of the courts of the Kingdom of Bahrain, in connection herewith.