Terms and Conditions Ex-AstroBank

 

1. Definitions

“Device” means the Device for which a wallet app is available.
“Digital Wallet” means the software wallet app which allows You to register the details of Your Bankand by which You can register and make Contactless Point of Sale or Remote Transactions to participating Merchants with Your Device.
“Wallet Service Provider” means the vendor of the software Digital wallet on a Device.
"Bank" means ASTROBANK PUBLIC COMPANY LIMITED, a credit institution, having its registered office at 1 Spyrou Kyprianou, 1065, Nicosia, Cyprus (a term which includes its successors, assigns and any person acting on its or their behalf).
“Wallet Service Provider Terms” means the terms and conditions that You agree with the Wallet Service Provider for the use of the Digital Wallet.
"Basic Terms and Conditions" means the “Basic Terms and Conditions governing the relationship between customer and AstroBank Public Company Limited”, which can be found on the Bank's website at www.astrobank.com
“Card” means the Mastercard credit, debit cards, both personal and business,  issued by the Bank from time to time and which is eligible for registration on a Digital Wallet.
"Card Terms and Conditions" means the special terms and conditions You have agreed with the Bank, as amended from time to time.
“Contactless Transaction” means the Card transaction facilitated by the use of the Device.
“Device Account Number” means a unique number which is created during the registration process linking Your Eligible Card to Your Device.
“Facial Recognition” means the face recognition biometric features on Your Device
"Merchant" means the person who agrees to accept a Card as payment for goods or services.
"Mobile App" means the Bank’s mobile application.
"Passcode" means the four to eight digits security feature that You have chosen as a password on Your Device.
"Personal Data" has the meaning attributed to it in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and/or national legislation.
"Privacy Notice" means the Bank's notice on how personal data is processed which can be found on the Bank's website at: www.astrobank.com
“Terms” means the present terms and conditions under which Digital Wallets shall be used in connection to the Bank’s services.
"Fingerprint Authentication" means the fingerprint recognition features on Your Device.
“You” means a customer of the Bank, who is a holder of a Card

2.General Provisions

2.1 These Terms apply to the use of your Card via the Digital Wallet and relate to Your relationship with the Bank only. By using Your Device, You are governed by the terms of the Wallet Service Provider, any other agreements You enter into with the Wallet Service Provider or with any other third parties (such as your mobile, internet and/or network carrier(s) which are connected to the Digital Wallet) as applicable from time to time.
2.2. The Bank is not responsible for the Wallet Service Provider Terms and/or any other agreements You enter into with the Wallet Service Provider or with any other third parties in connection with the Wallet Service Provider and/or the Digital Wallet, and the Bank will not be liable to You for the provision, functioning and security of the Wallet Service Provider and/or the Digital Wallet.
2.3. By accepting these Terms, upon registering Your Card in the Digital Wallet, You agree to be bound by these Terms. You should read these Terms carefully together with the Bank’s (i) Card Terms and Conditions, (ii) Basic Terms and Conditions and (iii) Privacy Notice.
2.4. These Terms complement the Basic Terms and Conditions and the Card Terms and Conditions and constitute an integral part thereof. Together they govern the rights and obligations of the Bank and You, in respect of the use of any Card registered on a Digital Wallet. Terms and expressions defined in the Basic Terms and Conditions and Card Terms and Conditions have the same respective meanings when used in these Terms, unless otherwise defined in these Terms. In the event of any conflict or discrepancy between the Card Terms and Conditions and these Terms, these Terms will prevail as regards the use of Digital Wallet.
2.5. The Bank has the right to amend these Terms at any time in the same manner as provided in the Card Terms and Conditions of the Bank with respect to amendments of the same. Where these amendments concern payment services and/or any information and/or terms for which prior notice must be provided in accordance with applicable law, the Bank shall notify You of any such amendment, two (2) months prior to the amended Terms coming into force. Amendments requiring two (2) months prior written notice shall be given by any means (including an announcement in the daily press or the Bank’s website or the statement of account) or in any other way which the Bank considers appropriate each time and such communication by the Bank for amendment of these Terms shall be deemed as an effective way of communication of the relevant amendment to You. Amendments not requiring any notice shall be posted on the Bank’s website. Upon notification to You by the Bank of any proposed amendment to the Terms, You may terminate the use of Your Card registered on the Digital Wallet as provided by clause 6.1. of these Terms. Your continued use of Your Card through Digital Wallet will indicate Your acknowledgment of, and intent to be bound by, any amendments made subsequent to your initial acceptance of these Terms.
2.6. Digital Wallet may not be available for all purchase amounts or at all Merchants where Your Card is accepted.
3. How to use You Card via a Digital Wallet
3.1. When registering for a Digital Wallet the Bank:
3.1.1. Will process Your Personal Data in order to allow Your Card to be used for the Digital Wallet;
3.1.2. Will collect Personal Data about You from the Wallet Service Provider in order to confirm Your identity, to check Your eligibility for the Digital Wallet and to help prevent fraud;
3.1.3. Shares anonymized information relating to Your Digital Wallet transactions with the Wallet Service Provider in order to improve and develop its technology;
3.2. When You use Your Card via Digital Wallet and Your Device, You must at all times comply with the applicable provisions of the Cards Terms and Conditions and Basic Terms and Conditions. Without limitation to the generality of the above, when You use Your Card via Digital Wallet, You must not:
1.         a) Use it to do anything illegal;
2.         b) Use it in a way that could damage the Bank’s or the Wallet Service Provider systems or other Digital Wallet users;
3.3. The Bank, payment networks or Merchants may establish transaction limits from time to time in their own discretion. This may mean that You are unable to complete a transaction that exceeds these limits when You use Your Card via Digital Wallet and Your Device.
3.4. You have the ability to make purchases with Your Card wherever the Wallet Service Provider is accepted. The Wallet Service Provider may not be available for all purchase amounts or at all Merchants where Your Card is accepted.
3.5. The Bank may allow You to add the same Card to multiple Wallet Service Providers and Devices.
3.6. Your Device may impose limitations or restrictions to Digital Wallet or have minimum software and hardware requirements.
3.7. In the event that the secure lock mechanism (e.g. PIN, Passcode, Fingerprint Authentication, Face Recognition) of the Device is removed, all Cards in the Digital Wallet will be wiped out within a few minutes after the secure lock mechanism is removed.
3.8. You must ensure that only Your biometrics are registered on Your Device. If the biometrics of a third party are registered on Your Device, You will be deemed to have consented to the use of Your Card via Digital Wallet by that third party and in accordance with the Cards Terms and Conditions and You will be responsible for any transaction carried out via Your Digital Wallet by non-authorized parties whose biometrics were stored in Your Device.
4. Charges
4.1. The Bank applies no additional charges in relation to the registration of Your applicable Card(s) in the Digital Wallet and/or Your use of the registered Card(s).  via. The Bank reserves the right to charge for the above at any time in the future, by providing notification of the charge in accordance with clause 2.5.
4.2. The Bank is not liable for any charges Your mobile, internet and/or network carrier(s) may charge You for using data on Your Device or for any other taxes and costs may exist that are not charged by the Bank.
5. Data Protection
5.1. These Terms should be read alongside the Privacy Notice.  The Privacy Notice sets out more detailed information about the Bank’s use of Personal Data. You are advised to review the Privacy Notice to ensure that You understand how the Bank processes Your Personal Data. The Privacy Notice may be amended or replaced in accordance with the terms stipulated therein.
5.2. As applicable, please also refer to the Wallet Service Provider applicable privacy policy and security and privacy overview which explain how the Wallet Service Provider and members of its group process Your Personal Data in their capacity of independent controller, and Your rights with respect to such processing.
5.3. You are hereby informed that Your Card number, Your Cards’ expiry date and CVV2/CVC2 will be transmitted to JCC Payment Systems Ltd, Thales, Mastercard for the purposes of completing Your Card registration to the Digital Wallet.
5.4. If You have not used the Digital Wallet for a Card transaction within one month of registering Your Card to the Digital Wallet, the Bank will send You a notification reminding You thereof. This communication is performed on the basis of the legitimate interest to further develop the use of its services.
5.5. Where the Wallet Service Provider requests Personal Data for the activation or usage of the Digital Wallet, You provide such Personal Data on Your own initiative. This includes the Card number details required. Any Personal Data provided at the activation as well as during usage of the Digital Wallet will be processed by the Wallet Service Provider in its capacity as a controller. The Bank is not involved in this processing of Your Personal Data.
6. Termination and Suspension
6.1. You may terminate the use of your Card(s) registered on the Digital Wallet at any time by removing the registered Card(s) from the Digital Wallet. You can also exercise Your right to terminate the use of Your Card(s) registered on the Digital Wallet by contacting the Banks call center. In the circumstances set out above, You authorise us to continue to process any outstanding transactions carried out via Your Digital Wallet.
6.2. The Bank may immediately suspend or terminate the use of your Cards registered on your Digital Wallet at any time and without prior notice, when it is justified by the following reasons:
1.         a) for safety reasons, if You are suspected of carrying out fraudulent transactions and/or making illegal use of Your Card through the Digital Wallet; or
2.         b) upon suspicion of money laundering and terrorist financing;
3.         c) due to a reasonable request of Mastercard and/or the Wallet Service Provider;
4.         d) when You breach any of these Terms;
5.         e) You have deleted all Your Cards from Digital Wallet;
6.         f) if requested or required by the Central Bank of Cyprus or the European Central Bank or the Cyprus Commissioner for the Protection of Personal Data or any other competent supervisory authority;
7.         g) if otherwise required by applicable law;
8.         h) as additionally or otherwise provided under the Card Terms and Conditions and/or the Basic Terms and Conditions.
6.3. Without limitation to any rights as mentioned above, the Bank may at any time and at its absolute discretion, discontinue or terminate the provision of the Digital Wallet by providing You with thirty (30) calendar days’ prior written notice by sending a relevant written letter/communication and/or by Bank mail and/or in any other way which the Bank considers appropriate each time.
6.4. The provision of Digital Wallet in general and/or with respect to Cards issued by the Bank may be changed, suspended and/or terminated by the Wallet Service Provider at any time without notice to You.
6.5. Any termination of these Terms shall be without prejudice to any accrued rights and/or remedies.
7. Liability
7.1. You are liable when You breach any of these Terms, or for any damage to Your Device including any linked accessory/ies or any loss of data arising from downloading or using the Digital Wallet, which is not due to the Bank’s fault or gross negligence.
7.2. The Bank is not liable for any losses or costs, or damages caused by abnormal and/or unforeseeable events which are outside of the Bank’s control, which might for example include a machine failing to work or industrial disputes or resulting from the use of software on Your Device which has not been officially approved by the manufacturer of the operating system of Your Device.
7.3. The Bank is not responsible for any loss, injury or inconvenience You suffer as a result of a Merchant refusing to accept payments via a Digital Wallet.
7.4. If You suspect that someone else knows Your Passcode, You must change it immediately and suspend the connection of the Card with the Digital Wallet if necessary. If You let another person access Your Device and/or register their biometrics for Fingerprint Authentication or Face Recognition on Your Device, then You will be responsible for any payments they may make from Your Device in accordance with the provisions of the Card Terms and Conditions.
7.5. The Bank does not own, operate, or control any Digital Wallet , and is not responsible for any service provided to You by the Wallet Service Provider or by any third party engaged by the Wallet Service Provider. The Digital Wallet is provided from the Wallet Service Provider without any guarantee or assurance of any nature whatsoever, from the Bank, in relation to its functionality and the accuracy of the information shown therein and which is based on other third parties to function, such as mobile, internet and/or network carrier(s). To the fullest extent legally permitted, the Bank is not liable for damage resulting from shortcomings or defects which affect the Digital Wallet or  Your Personal Data or the security of Your transactions.
7.6. Subject to clause 7.1., despite the Bank having taken all necessary security measures, the Bank cannot be held liable for any losses and/or costs and/or damage that may occur to Your computer system, Device hardware or software or loss of data that results from the use of the Digital Wallet.
7.7. The Bank does not operate the Digital Wallet or wireless networks and has no control over their operations. The Bank does not guarantee that the Digital Wallet or the use of Your Card via Digital Wallet will always be available, uninterrupted and in full operating condition. The Bank is not liable to You either directly or indirectly in the event of an interruption or damage to Your Device or Digital Wallet or Your wireless service, communications, network delays, system outages, or interruption of a wireless connection. Access to the Digital Wallet may be suspended temporarily and without any prior notice in case of system failure, maintenance or repair or for any reasons beyond the Bank’s control.
7.8. Subject to clause 7.1., the Bank shall not be held liable for any suspension, discontinuance, termination, change or modification of Your use or access to the Digital Wallet.
7.9. You must immediately notify the Bank by telephone the Bank’s Call Center in the following cases:
1.         a) any unauthorized use of Your Digital Wallet or Your Card registered on the Wallet Service Provider;
2.         b) any suspicion of fraudulent activity or data disclosure related to the Digital Wallet itself;
3.         c) any other actual or potential security breach relating to Your Digital Wallet;
4.         d) the loss or theft of Your mobile phone and/or Device;
7.10. Subject to clause 7.1., but without prejudice to any other limitations of liability as contained in these Terms, the Bank is not liable for any indirect damage and/or loss.
7.11 The Bank disclaims any responsibility for the Digital Wallet or any wireless service used to access, use or maintain such services. The Bank does not warrant that You will at all times be able to use Your Card via the Digital Wallet to complete a transaction, that a Merchant will accept Your Device or that the use of Digital Wallet will be uninterrupted or error free. Use of a Digital Wallet and Device involves the electronic transmission of data through third party connections. Subject to clause 5, the Bank cannot guarantee the privacy or security of data transmitted because the Bank does not operate or control these connections. The Bank is not responsible for Your mobile Device or the software or hardware it contains and makes no representations, warranties, or guarantees regarding the same.
7.12. Except as otherwise provided by law, in no event shall the Bank, its direct or indirect subsidiaries, affiliates, agents, employees, service providers or representatives be liable for any damages, claims or losses incurred (including direct, compensatory, incidental, special, indirect, punitive damages) arising out of these Terms or in any way related to the use of or inability to use the Digital Wallet, however caused, and whether in contract, tort or otherwise, and even if the Bank has been advised of the possibility of such damages.
7.13. You shall bear all fees, charges, or expenses which may be imposed by mobile phone and/or telecommunications service providers for, or in relation to, the use of the Digital Wallet.
7.14. This clause shall survive any termination of these Terms, howsoever caused.
8. Waiver
8.1. The Bank’s failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the Bank.
9.         Severability
9.1. If any provision of these Terms is held to be unlawful, void, invalid or otherwise unenforceable, this shall not affect the validity of any other provision of these Terms. In case one or more provisions of these Terms are invalid or become invalid as a result of any changing legislation, the validity of the remaining provisions shall not be affected thereby.
10.       Applicable Law and Jurisdiction
10.1. These Terms and any amendments thereto shall be governed by the law of the Republic of Cyprus.
10.2. Any disputes arising from these Terms that cannot be resolved by means of the internal complaints handling procedure referred to in Basic Terms and Conditions, will be settled by the competent court in the Republic of Cyprus.