Samsung Pay Terms of Service


Effective Date: Apr 13, 2017
PLEASE READ THESE SUPPLEMENTARY TERMS OF SERVICE FOR SAMSUNG PAY (“ToS”) CAREFULLY BEFORE USING SAMSUNG PAY. IF YOU DO NOT AGREE TO THESE ToS, YOU MAY NOT USE SAMSUNG PAY. BY USING SAMSUNG PAY, YOU WILL BE DEEMED TO HAVE UNCONDITIONALLY CONSENTED AND AGREED TO THESE ToS.

Samsung Pay” is a mobile application and related services provided in Hong Kong through Samsung Electronics H.K. Co. Ltd and its affiliates ( “Samsung”, “We” or “Us”) for Samsung mobile devices (each, a “Device”), which enables users (“You”, “Your” or “User”) to store credentials that represent credit, debit, prepaid, stored value or membership cards (each, a “Card”) as authorized by Your financial institute, or membership card issuer (each, a “Card Issuer”) in a Device and securely transmit such credentials to merchant point-of-sale equipment to make payments or to facilitate other transactions. Samsung Pay may also include features such as merchant offers, promotions and other reward programs. Your Card Issuer, as well as Samsung, each reserves the right to exclude certain Cards from participating in Samsung Pay.

The Samsung Pay features may vary based on Your location, Device model and Card, and may change from time to time. For a Card to be eligible to be used in Samsung Pay, the relevant Card Issuer must have approved the Card for participation in Samsung Pay. Eligible Cards may also vary based on Your location and may change from time to time. If You continue to access or use Samsung Pay in any way after such modification, You will be deemed to have read, understood and unconditionally consented and agreed to such changes.

These ToS may be updated by Samsung from time to time. If You access or use Samsung Pay in any way after these ToS have been updated, You will be deemed to have unconditionally consented and agreed to such updates.
1.
The Scope and Your Acceptance of these ToS
1.1
These ToS only govern the legal relationship between Samsung and You related to Your use of Samsung Pay, which allows You to store credentials representing Your Card in Your Device and communicate such credentials to a merchant for the purpose of initiating a payment transaction with Your Card. Other than as expressly set forth above, Samsung neither conducts nor has control over any commercial activities in connection with Your use of Samsung Pay, including, without limitation, credit assessment, card issuance, payment processing, chargebacks, purchases, returns, and refunds. Samsung does not have any control over Your Card Issuer’s cardholder authentication activities. You acknowledge and agree that Samsung is not responsible for any of these activities nor for Your relationship with any Card Issuer or merchant in connection therewith. You acknowledge that Your use of Cards on Samsung Pay will remain subject to the terms of any cardholder agreement(s) You may have with the relevant Card Issuer, and neither these ToS nor Your use of Samsung Pay shall alter Your existing relationship with Card Issuers with respect to Your Cards. You agree that the use of Samsung Pay in each place is subject to the laws and regulations of the service territory and any other rules determined by the relevant merchant, payment processor, payment network, regulator, and government authority. You should check the service availability for your region before use of Samsung Pay.
1.2
You agree that You will use Samsung Pay in accordance with applicable law and will not use Samsung Pay for any illegal or fraudulent purposes, or purposes that are prohibited by the Service Terms and Conditions (defined below) or these ToS. SAMSUNG PAY IS NOT INTENDED FOR USE BY ANY PERSON OTHER THAN THE CARD HOLDER AUTHORIZED TO USE THE CARD PURSUANT TO THE CARDHOLDER AGREEMENT BETWEEN YOU AND THE CARD ISSUER THAT ISSUED YOU YOUR CARD. IF YOU ARE NOT THE AUTHORIZED CARD HOLDER, YOU MAY NOT USE SAMSUNG PAY. Persons under the age of 18 years (each, a "Minor") may not use Samsung Pay unless their parent or legal guardian has reviewed and agreed to these ToS. If you are a parent or guardian permitting a Minor to use Samsung Pay, you agree to: (i) exercise supervision over the Minor's use of Samsung Pay; (ii) assume all risks associated with the Minor’s use of Samsung Pay, including the transmission of materials, content or other information to and from third parties via the Internet; (iii) assume all liabilities resulting from the Minor’s use of Samsung Pay, including applicable payment obligations; and (iv) ensure the accuracy and truthfulness of all information submitted by the Minor.
Eligibility of a Minor to use Samsung Pay is also subject to the cardholder agreement between the Minor and the Card Issuer.
1.3
These ToS supplement the Samsung Service Terms and Conditions (“Service Terms and Conditions”) available at https://account.samsung.com/membership/terms that apply to registered user accounts with Samsung (the “Samsung Account”). You must have a Samsung Account to use Samsung Pay. If You do not have a Samsung Account yet, please read the Service Terms and Conditions and create a new Samsung Account before using Samsung Pay. The Service Terms and Conditions form an integral part of these ToS. In case of any inconsistency or conflict between the terms of these ToS and the Service Terms and Conditions, the terms of these ToS shall prevail. These ToS may be assigned to any affiliate of Samsung at any time.
2.
Grant of License and Restrictions
2.1
Samsung hereby grants You a non-exclusive, non-transferable, limited, personal and revocable right and license to access and use Samsung Pay for Your personal use only, provided that You comply fully with these ToS. You acknowledge and agree that some of the functionalities or services offered by Samsung Pay may be provided by Samsung’s affiliates or subcontractors on behalf of Samsung.
2.2
Use of Samsung Pay requires Your Device to have access to Internet via mobile network or Wi-Fi (fees may apply), and requires obtaining updates or upgrades from time to time. Because use of Samsung Pay involves hardware, software, Internet access and applicable updates, Your ability to use Samsung Pay may be affected by the performance of these factors. You acknowledge and agree that complying with such system requirements, which may be changed from time to time, are Your responsibility. You hereby consent to receive notices, disclosures and other communications regarding Samsung Pay via email, SMS, in-application messages and other communications to Your Device.
2.3
You shall not interfere or attempt to interfere with the operation or use of Samsung Pay in any way through any means or device including, but not limited to, spamming, hacking, and uploading computer viruses or time bombs, or any other means. You may not use Samsung Pay for commercial purposes or for any purpose that is unlawful or prohibited by the ToS. You are specifically prohibited from using Samsung Pay in connection with any contents, services, programs or applications that (i) are in violation of any third party’s rights, including but not limited to intellectual property rights; or (ii) contain viruses or other harmful software, code or other malwares that impact or limit the functions or services provided by Samsung Pay or the devices supporting Samsung Pay.
2.4
You may not reverse-engineer, copy, decompile, disassemble, derive the source code of, modify, adapt, capture, reproduce, publicly display, publicly perform, transfer, sell, license, create derivative works from or based upon, republish, upload, edit, post, transmit, distribute, exploit, circumvent or otherwise translate (or encourage or assist any other person to do any of the foregoing) Samsung Pay in whole or in part.
2.5
If You fail to comply with, or Samsung suspects that You have failed to comply with any provisions of these ToS, without limiting Samsung’s other rights and remedies, all of which are expressly reserved, Samsung, in its sole discretion and without notice to You, may immediately (i) suspend or terminate Your use of Samsung Pay; (ii) terminate the licenses granted hereunder; and/or (iii) preclude access to Samsung Pay.
2.6
Samsung expressly reserves the right to, in its sole discretion, change, modify, update, add, discontinue, remove, revise, delete or otherwise change any portions of Samsung Pay at any time, and in no event shall Samsung be liable for any claims, costs or damages caused by or arising out of such actions.
3.
Offers, Promotions, Enrollment and Use of Membership Cards Through Samsung Pay
3.1
Offers and promotions, including coupons, tickets, deals, discounts and vouchers (the “Offers”), and membership Cards and similar programs (the “Membership Cards”), may be provided by the third party merchants via Samsung Pay from time to time. If You encounter difficulty in enrolling and/or using a Membership Cards through Samsung Pay, please contact Samsung Customer Support for support.
3.2
Offers and Membership Cards are provided by the third party merchants and subject to their respective terms and conditions. You acknowledge and agree that the third party merchants shall be solely responsible to resolve any questions or disputes arising out of or relating to the Offers or Membership Cards, including but not limited to the receipt and redemption. Samsung shall not be liable for any errors or omissions contained in these Offers and/or Membership Cards nor any disputes or liabilities arising from or relating to use of these Offers and/or Membership Cards.
3.3
Membership Cards may be accessed or used in Samsung Pay without fingerprint image, iris image or PIN authentication. Samsung stores your Memberships Cards to facilitate the portability or synchronisation of such Membership Cards to your other registered Samsung Pay Devices (including currently registered or future registered Devices under the same Samsung Account).
4.
Security
4.1
You must register either Your fingerprint image, iris image or PIN to prevent others from accessing or using Samsung Pay on Your Device. You agree to keep Your PIN confidential at all times, and to notify Samsung immediately if Your Samsung Pay application PIN is stolen, becomes known to an unauthorized third party or is otherwise compromised. If You lose Your Device, then You can lock the Samsung Pay application and wipe the data off Samsung Pay via the Find My Mobile service to prevent use of Samsung Pay by others. You should only download the Samsung Pay application through the official channels as communicated through Samsung official website.
5.
Privacy and Protection of Personal Data
5.1
You agree that Samsung may collect, use, disclose, transfer and store personally identifiable data and information about You in accordance with the Samsung Pay Privacy Notice (tap MORE > Settings > About Samsung Pay > Privacy Notice) (“Samsung Pay Privacy Notice”) and the Samsung Privacy Policy available at http://www.samsung.com/hk_en/info/privacy.html (“Privacy Policy”). The Samsung Pay Privacy Notice supplements the Privacy Policy and in case of any inconsistency or conflict between the terms of the Samsung Pay Privacy Notice and the Privacy Policy, the terms of the Samsung Pay Privacy Notice shall prevail.
6.
Disclaimers
6.1
Disclaimer of Warranties. SAMSUNG PAY IS PROVIDED “AS IS”, "WHERE IS" AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND. SAMSUNG AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OR GUARANTEES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, RELATING TO SAMSUNG PAY, AND SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE PREVIOUS DISCLAIMER, SAMSUNG AND ITS LICENSORS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT SAMSUNG PAY WILL (i) OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE MANNER, (ii) ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS OR ERRORS OR (iii) BE SECURE AGAINST OR IMMUNE FROM (INCLUDING THE CONTENT DELIVERED TO YOU OR THE INFORMATION YOU PROVIDED) ANY UNAUTHORIZED ACCESS.
6.2
Disclaimer of Certain Damages. IN NO EVENT SHALL SAMSUNG OR ITS LICENSORS BE LIABLE TO YOU FOR ANY LOST PROFITS, OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF SAMSUNG OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, NEGLIGENCE, PERSONAL INJURY, PRODUCT LIABILITY, INFRINGEMENT OR ANY OTHER THEORIES, REGARDLESS OF WHETHER OR NOT SAMSUNG OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT SAMSUNG WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS IF YOU ALLOW ANYONE (SUCH AS ANOTHER USER OR A MERCHANT) TO USE OR HANDLE YOUR DEVICE, SAMSUNG ACCOUNT OR SAMSUNG PAY.
6.3
THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
7.
Third Party Rights
No person other than You and Us will have any right under the Contracts (Rights of Third Parties) Ordinance to enforce or enjoy the benefit of any of the provision of these ToS
8.
English Version Prevails
We have provided a Chinese language translation of these ToS for reference. If there is any inconsistency between the English and Chinese versions, the English version shall prevail
9.
Governing Law
These ToS shall be governed by and construed in accordance with the laws of Hong Kong, without regard to its conflict or choice of law provisions. Unless otherwise provided for in the governing law, any claim or dispute arising in connection with these ToS or Your use of Samsung Pay shall be resolved as set forth in the Service Terms and Conditions, located at https://account.samsung.com/membership/terms.