Heritage Bank Fitbit Pay Terms and Conditions

Effective 17 December 2018 

1. About these Terms and Conditions

These Heritage Bank Fitbit Pay Terms and Conditions together with the product terms of your accounts, govern the use of your eligible Heritage Bank card with Fitbit Pay. Where inconsistent with the relevant product terms, these terms apply.

You agree to these Terms and Conditions by:

  • adding an eligible Heritage Bank card to Fitbit Pay on your supported device; or
  • allowing an additional cardholder to add their eligible Heritage Bank card to Fitbit  Pay on their supported device.
For information on eligible Heritage Bank cards and supported devices please visit www.heritage.com.au. For information on supported devices please visit fitbit.com/au/fitbit-pay.

2. Using and managing Fitbit Pay

You can add an eligible Heritage Bank card to Fitbit Pay on supported devices. An additional cardholder may also add their eligible Heritage Bank card to Fitbit Pay on their supported device provided that:
  • you or the additional cardholder are verified when adding a card;
  • if the person adding the card is not the sole account holder, each account holder of that account has agreed to the eligible Heritage Bank card being added to Fitbit Pay on the supported device; and
  • the account is in good standing.
An eligible Heritage Bank card can be unlinked from Fitbit Pay by following the instructions on the the Fitbit Pay app. You can also ask us to suspend or close your cards from Fitbit Pay by calling us on 13 14 22 or visiting any of our branches.

As part of the process we will either send you a text message (to the mobile phone number you have registered with us) with a verification code or have you verify your identity via our Contact Centre. You should ensure that Heritage Bank has your correct mobile number in order to receive the verification code via text message. 

Once you have added your card to Fitbit Pay and been verified, you may authorise and process transactions by using the relevant supported device in place of an eligible Heritage Bank card at a contactless payment terminal. Each transaction is not to exceed the daily limits of the card as set out in the Fees and Limits guide.
 
In some cases, you may temporarily exceed this limit, for example where systems are unavailable. You may be required to enter your card PIN into the merchant's terminal or enter your security credentials on supported devices to complete a transaction.

You will be required to manually enter the Heritage Bank card PIN for transactions over $100.

3. Liability of Heritage Bank

Fitbit Pay is a service provided by Fitbit, not by us. We are not responsible for any loss you suffer in relation to: 
  • your fraud;
  • your use of Fitbit Pay or the supported device in a manner not permitted by Fitbit (for example, by obtaining root access of the operating system allowing customisation to your supported device);
  • subject to your rights under the ePayments Code, a reduced level of service caused by matters beyond our reasonable control (for example, those caused by third party software and network providers);
  • any error, defect or unavailability of Fitbit Pay; or(v) any failure or refusal of merchants to process transactions using Fitbit Pay.
Please call us immediately on 13 14 22 if:
  • your supported device is lost or stolen;
  • your supported device's mobile service is suddenly disconnected without your permission (which may indicate you have been subject to mobile phone porting); or
  • you suspect a security breach in relation to your supported device or Fitbit Pay or that an unauthorised person has used your passcode, PIN of an eligible Heritage Bank card or your other credentials to access Fitbit Pay.
Based on your report, we will suspend use of your eligible Heritage Bank card with Fitbit Pay. This helps protect you as much as possible from additional loss or liability.

We warrant that we will comply with the ePayments Code. Your liability for unauthorised transactions will be determined in accordance to the ePayments Code. More terms which affect your liability in relation to transactions are set out in the relevant product terms.

4. Security requirements for Fitbit Pay

You must take steps to secure your supported device on which your eligible Heritage Bank card has been registered.

You are responsible for ensuring that:

  • any password of your supported device is kept secret and secure, not easily guessed or deciphered (e.g. your date of birth), and not shared with another person (and if known by another person, the passcode must be changed);
  • your biometric identifier (e.g. fingerprint) is the only biometric identifier registered on your supported device (and any other person's biometric identifier registered on your device must be removed);
  • your supported device is not left unattended, is locked when not in use, and up-to-date antivirus software is installed on it; and
  • any eligible Heritage Bank cards are unlinked/removed from your supported device before disposing of it.
If you fail to comply with any of the requirements in this clause, you are taken to have authorised others to make transactions using Fitbit Pay and you are responsible for their use of your eligible Heritage Bank card.

WARNING: this could result in significant loss or liability in relation to such transactions.

5. What to do if there is a problem 

You should check your transaction history regularly to make sure there are no errors or unauthorised transactions.
You and any additional cardholder must tell us straight away if:
  • an eligible Heritage Bank card or device has been lost or stolen; or
  • you or they suspect someone else has used your account without your permission or may have access to your supported device or know your security credentials or eligible Heritage Bank card PIN.
You should immediately unlink your eligible Heritage Bank card from Fitbit Pay if your supported device is stolen or lost. Instructions to unlink your card are available on the Fitbit Pay App. 

6. Fees and charges 

The product terms describe the fees and charges which apply to each relevant Card.

We do not impose any additional fees and charges for registering and using your eligible Heritage Bank card with Fitbit Pay.

However, you will need to pay any third party fees and charges associated with downloading, registering and using the Fitbit Pay on a supported device.

7. Rights we have 

We may suspend or terminate use of your eligible Heritage Bank card with Fitbit Pay without notice at any time, including: 
  • if you ask us to suspend or close the eligible Heritage Bank account that the card is linked to;
  • if your eligible Heritage Bank card is cancelled, blocked or suspended;
  • if you breach your account Terms and Conditions;
  • if either you or the additional cardholder breach these Terms and Conditions;
  • if we suspect unauthorised transactions have occurred;
  • if required by applicable laws (such as anti-money laundering and counter-terrorism financing laws, or sanctions laws);
  • if directed to do so by Fitbit or by Visa (for example, in circumstances of suspected fraud);
  • if we are required by a regulatory or government body; or
  • for any other reason.

8. Privacy 

We may collect information relating to your supported device (including app version, device type and model, operating system and security information such as whether you have obtained root access):
  • to ensure that your eligible Heritage Bank card properly functions in Fitbit Pay;
  • for security purposes and to identify fraud; so that we may better provide assistance to you; and
  • to tell you about other products or services that may be of interest to you.
We may also exchange information with Fitbit and service providers:
  • to enable the use of the eligible Heritage Bank card with Fitbit Pay and to improve Fitbit Pay generally; and
  • about persons involved in suspected security breaches or fraud.
By adding an eligible Heritage Bank card to Fitbit Pay or allowing an additional cardholder to add their eligible Heritage Bank card to Fitbit Pay on their supported device, you consent to our collection and disclosure of this information as described in this clause 8.

If you do not want to receive marketing information, phone 13 14 22.

The product terms and our privacy policy contain more general information about our collection and handling of your information.

Once an eligible Heritage Bank card is registered to your supported device, Fitbit may access your personal information regarding the use of that eligible Heritage Bank card through Fitbit Pay. Please see Fitbit's privacy policy at Fitbit.com/au/legal/privacy

9. Changes to terms

We can make changes to these Terms and Conditions at any time. We will notify you of any material changes by electronic notice to you via your device or Fitbit Pay in accordance with the product terms. Due to the nature of Fitbit Pay you agree to us communicating with you electronically in relation to your use of Fitbit Pay and these conditions.
 
We may require you to confirm your acceptance of changes to continue using your eligible Heritage Bank card in Fitbit Pay.

10. Communication

Without limiting any other means of communicating with you under the relevant product terms, we may communicate with you by sending an SMS to your supported device, an email to the email address you have provided to us or by 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

If any provision or part of a provision of these Terms and Conditions is illegal, invalid or unenforceable, it will be severed from these Terms and Conditions and the remaining provisions (or parts of provisions) will continue in full force and effect.

These terms are governed by the law of Queensland, Australia and both parties agree to submit to the exclusive jurisdiction of the courts of that State.

12. Meaning of words

cardholder  a person that holds an eligible Heritage Bank card
eligible Heritage Bank card  means a compatible debit or credit card that can be used for Fitbit Pay on a supported device that has been issued by Heritage Bank to you. You will be notified if your card is eligible when you attempt to register it with Fitbit Pay
Heritage Bank App means the mobile application provided by us for use on your supported device
password   means any password or code either we or a third-party gives a user, or that a user creates, that must be used before we, or a third-party, process a transaction. This includes PINs, internet, phone or mobile banking passwords, and codes generated by security token
product terms 

means:

–for debit cards, the Guide to Heritage Deposit Products;

–for personal Visa accounts:  the Card Details issued to you by us;  the Guide to Heritage Credit Card Products; and the Fees and Limits Guide;

–for line of credit facilities:the Specific Particulars issued to you by us;  the Lending Terms and Conditions; and the Fees and Limits Guide;

–for business Visa accounts: the letter of offer or Specific Particulars issued to you by us;each other document specified in the letter of offer or Specific Particulars; the Guide to Heritage Credit Card Products; and the Fees and Limits Guide.

Fitbit Pay App means the mobile application provided by Fitbit for use on your supported device.
security credentials  means any personal identification number, password, biometric identifier or other measure used to ensure the security of your supported device
supported device is any equipment or device used to access your account, including a mobile phone or wearable device e.g. smartwatch, that is not given to you by us
Terms and Conditions means these terms and conditions
we, us, our or Heritage Bank means Heritage Bank Limited ABN 32 087 652 024
you or your  means the person who holds the card that is used for Fitbit Pay