SAMSUNG WALLET TERMS OF SERVICE

IMPORTANT – READ CAREFULLY. THESE TERMS OF SERVICE (“ToS”) ARE A LEGAL AGREEMENT BETWEEN YOU AND SAMSUNG ELECTRONICS CO., LTD. AND ITS AFFILIATES (COLLECTIVELY “SAMSUNG”) FOR THE SAMSUNG WALLET AND ANY RELEVANT SERVICE, SOFTWARE OR DOCUMENTATION THEREOF (COLLECTIVELY, THE “SERVICE”) PROVIDED BY SAMSUNG, ITS AFFILIATES OR ITS THIRD PARTY SUPPLIERS OR LICENSORS. BY AGREEING TO THESE ToS OR BY INSTALLING OR OTHERWISE USING THE Service, YOU AGREE TO BE BOUND BY THESE ToS. IF YOU DO NOT AGREE TO THE ToS, THEN DO NOT INSTALL OR USE THE SERVICE.

SERVICE DESCRIPTION

Samsung Wallet is an application and related services intended for use with a compatible Samsung branded mobile devices, wearable devices, and/or accessories (each, a “Device”) to use Cards, Loyalty Programs, or any other items or services provided through the Samsung Wallet (each, an “Item”).

YOUR ACCEPTANCE OF THESE ToS

The services and features provided by the Service or Update (defined below) thereto may vary or be limited depending on certain factors, including, without limitation, your country, location, Device, the credit or debit cards that you choose to use with the Service (each a “Card”), loyalty or membership cards and similar programs (each, a “Loyalty Program”), operating system, or network operator.

Persons under the age of majority in their resident jurisdictions (each, a "Minor") may not use the Service 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 the Service, You agree to: (i) exercise supervision over the Minor's use of the Service; (ii) assume all risks associated with the Minor’s use of the Service, 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 the Service, including applicable payment obligations; and (iv) ensure the accuracy and truthfulness of all information submitted by the Minor. UNDER NO CIRCUMSTANCES MAY MINORS UNDER THE AGE OF 13 (THIRTEEN) USE THE SERVICE.

You expressly acknowledge and agree that use of the Service is at your sole risk and that the entire risk of unsatisfactory quality, performance, accuracy and effort is with you. By using the Service you acknowledge and agree that Samsung is not responsible for any related third party products and/or services and is not responsible or liable for any content, advertising, products, services, or other materials on or available from such third party service.

You will not use this Service for any illegal or fraudulent purposes, or purposes that are prohibited by these ToS. THE SERVICE IS NOT INTENDED FOR USE BY ANY PERSON OTHER THAN THE ITEM HOLDER AUTHORIZED TO USE THE ITEM PURSUANT TO THE AGREEMENT BETWEEN YOU AND THE PROVIDER THAT ISSUED YOU YOUR ITEM. IF YOU ARE NOT THE AUTHORIZED ITEM USER, YOU MAY NOT USE THE Service. BY USING THE Service, YOU INDICATE TO SAMSUNG THAT YOU ARE THE AUTHORIZED ITEM HOLDER.

These ToS supplement the Samsung Service Terms and Conditions (“Service Terms and Conditions”) available at https://account.samsung.com/membership/policy/terms that apply to registered User accounts with Samsung (the “Samsung Account”). You must have a Samsung Account to use the Service. If You do not have a Samsung Account yet, please read the Service Terms and Conditions provided at https://account.samsung.com/membership/terms and create a Samsung Account before using the Service. The Service Terms and Conditions form an integral part of these ToS. In case of any inconsistency or conflict between the ToS and the Service Terms and Conditions, the terms of these ToS shall prevail. These ToS may be assigned to any of Samsung’s group companies at any time.

From time to time Samsung may offer features or services that may be subject to additional or different terms of service. You shall not use these additional features and services unless You agree to the applicable terms. Samsung may also provide access to features or services that are identified as “beta,” “lite” or “pre-release.” You understand and agree that such services are still in development, may have bugs or errors, may be feature incomplete, may materially change prior to commercial launch, or may never be released commercially. Despite any other provisions of this ToS to the contrary, any use of or reliance on such beta features or services is done at Your own risk and is provided as is and without warranty of any kind.

1.       Grant of License

Subject to the terms of these ToS, you are granted a limited, non-exclusive, non-transferable, personal and revocable license to install, access and use the Service.

2.       Reservation of Rights and Ownership

This Service includes software and data provided by third parties. You acknowledge that the Service is proprietary to Samsung and its licensors, and protected under applicable copyright and other intellectual property laws and treaties. These ToS and your use of the Service do not grant you any ownership interest in or to the Service, and you are granted only a limited, personal, non-exclusive, non-transferable license to use, that is revocable in accordance with the terms of these ToS. You may not use the Service to reproduce copyrighted materials, or materials you do not have the right or legal approval for reproduction.

3.       Restrictions

Except to the extent that mandatory local law requires that you be able to do so, you may not (i) reverse engineer, decompile, disassemble, copy, or otherwise attempt to discover the source code or algorithms of the Service; (ii) modify or disable any features of the Service; (iii) duplicate and/or create derivative works based on the Service; (iv) rent, lease, lend, sublicense or provide commercial hosting services with the Service; (v) infringe our intellectual property rights or those of any third party in relation to your use of the Service (to the extent that such use is not licensed by these ToS); (vi) use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these ToS, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Service or any operating system; (vii) use the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; (viii) collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service; (xi) use the Service to harass, threaten or harm any other person and/or violate its privacy or its right to honor; or (x) 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) the Service.

4.       Update, Change or Suspension of the Service

Samsung may, at any time, provide or make available updates or upgrades to the Service (“Updates”), including without limitation bug fixes, service enhancements, new features, deletion of existing functions, or modification of the Service.  However, You acknowledge and accept that Samsung is not obliged to provide you with Updates and You agree that Samsung shall not be liable to You or to any third party as a result of taking (or not taking) any of these actions. Updates will be governed by these ToS unless separate terms and conditions are provided with such Updates, in which case that separate terms and conditions shall govern the Updates. Updates for security software or critical bug fixes or other important Updates may be automatically downloaded and installed given the importance of receiving such Updates in a timely manner to help protect you and other users.

SAMSUNG MAY MAKE CHANGES TO THESE ToS. IF SAMSUNG MAKES CHANGES TO THESE ToS, SAMSUNG WILL UPDATE SUCH REVISED ToS ON https://www.samsung.com/us/samsung-wallet/terms-of-service/ . SAMSUNG MAY NOTIFY YOU BEFORE MAKING ANY MATERIAL CHANGES TO THESE ToS. YOU MAY STOP USING AND UNINSTALL THE SERVICE AT ANY TIME IF YOU DO NOT AGREE TO SUCH CHANGES, BUT YOU WILL BE DEEMED TO HAVE UNDERSTOOD AND ACCEPTED THEM BY CONTINUING TO USE THE SERVICE.

5.       Third party Services and Content

Third party services and/or content may also be available to you through the Service. To the extent permitted by law, Samsung disclaims any warranty, condition or representation in respect of any third party services or content in any aspects including, but not limited to, quality, accuracy, effectiveness, lack of viruses, non-infringement of third party rights and compliance of any applicable laws or regulations. The use of third party services and contents may be governed by such third party provider’s terms of use, license agreement, privacy policy, or other such agreement. Third party services and/or content of the Service may be subject to open source licenses, in which the terms of such open source licenses may precede the terms of these ToS with respect to that portion of the Service.

6.       Collection and Use of Data

Samsung and/or parties that are entrusted by Samsung may collect and use information necessary to provide the Service and Updates, improve or enhance the Service. At all times your information will be treated in accordance with applicable law and Samsung’s global Privacy Policy, which can be viewed at http://account.samsung.com/membership/pp and Bixby Visions Privacy Policy.  In addition, your use of the Service will be subject to the Samsung Wallet U.S. Privacy Notice.

7.       Data Access

Some features of the Service may require your Device to have access to the internet and may be subject to restrictions imposed by your network or internet provider. The Service may require access through your data network, which may result in additional charges depending on your payment plan.  In addition, your enjoyment of some features of the Service may be affected by the suitability and performance of your device hardware or data access. You expressly acknowledge and accept that Samsung is not responsible for availability and promptness of the data network and/or the data access.

8.       Compliance with Law 

You acknowledge and agree to comply with any and all applicable laws and regulations in using the Service including without limitation, all applicable export restriction laws and regulations.

9.       Security

You must register either your fingerprint image or PIN or (if the feature is available) iris image to prevent others from accessing or using the Service on your Device. You agree to keep Your PIN confidential at all times, and to notify Samsung immediately if Your PIN is stolen, becomes known to an unauthorized third party or is otherwise compromised. If you allow your Device to be used by a third party, you must ensure that you remove any Items from the Service. If You lose Your Device, then You can lock the Service application and wipe the data off the Service via the Find My Mobile service to prevent use of the Service by others.

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 OR SAMSUNG WALLET.

Use of the Service for Your wearable devices or accessories may require access to or pairing with Your mobile device, and obtaining updates or upgrades made available by Samsung from time to time. You acknowledge and agree that: (i) Your wearable device or accessory may access Your mobile device anytime; and (ii) certain data and information that you have supplied to Samsung (including encrypted Item information), may be transferred to Your wearable device; and (iii) when deleting or resetting the Service application from Your wearable devices, certain Item information will be preserved in Your mobile device; (iv) deleting an Item from Your wearable device may not automatically delete such Item from the Service; (v) it is Your sole responsibility to apply a security function (e.g. pattern lock, pin number, etc.) to Your Device; and (vi) Samsung is NOT liable for any losses or damages suffered by You due to Your lost, stolen or damaged Device.

10.    Disclaimer of Warranty

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS”, “WHERE IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR CONTRACTUAL CONDITIONS OF ANY KIND FROM SAMSUNG, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAMSUNG AND ITS AGENTS, EMPLOYEES, LICENSORS AND SUBCONTRACTORS DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OR GUARANTEES OR OTHER TERMS OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED OR STATUTORY, RELATING TO THE SERVICE, AND SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, QUIET ENJOYMENT, NON INFRINGEMENT OF THIRD PARTY RIGHTS OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAMSUNG OR ITS AFFILIATES SHALL BE DEEMED TO ALTER THIS DISCLAIMER BY SAMSUNG OF WARRANTY REGARDING THE SERVICE, OR TO CREATE ANY WARRANTY OF ANY SORT FROM SAMSUNG.

WITHOUT LIMITING THE PREVIOUS DISCLAIMER, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAMSUNG AND ITS AGENTS, EMPLOYEES, LICENSORS AND SUBCONTRACTORS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT THE SERVICE OR THE CONTENT THEREIN WILL (i) OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE MANNER, (ii) WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS OR ERRORS (iii) WILL BE SECURE OR IMMUNE (INCLUDING THE CONTENT DELIVERED TO YOU OR THE INFORMATION YOU PROVIDED) FROM UNAUTHORIZED ACCESS OR (iv) WILL BE ACCURATE, COMPLETE, OR RELIABLE, THAT THE QUALIFY OF THE SERVICE WILL BE SATISFACTORY TO YOU, OR THAT ERRORS WILL BE CORRECTED.

11.    Limitation of Liability

SAMSUNG and You do not limit or exclude liability for any types of loss or damage for which liability cannot, under applicable law, be excluded or limited, to the extent that the applicable law prevents such exclusion or limitation, or to the extent that a court of competent jurisdiction judges that such an exclusion or limitation would be ineffective under applicable law.

DISCLAIMER OF CERTAIN DAMAGES. IN NO EVENT SHALL SAMSUNG OR ITS LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS, 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, EVEN IF SAMSUNG OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS THAT YOU HEREBY WAIVE ANY AND ALL RIGHTS TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS FROM SAMSUNG AND ITS LICENSORS. 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. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SAMSUNG’S CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE OF ACTION WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (A) YOUR ACTUAL LOSS; OR (B) $1,000 (ONE THOUSAND DOLLARS).

THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

You acknowledge that the above provisions of clauses 10 and 11 are reasonable given the benefits of the Services and you will accept such risk and/or insure accordingly.

IT IS ESSENTIAL THAT YOU BACK UP YOUR DATA ON YOUR DEVICE BEFORE USING THE SERVICE TO AVOID LOSING ANY DATA. YOU EXPRESSLY ACKNOWLEDGE AND ACCEPT THAT SAMSUNG IS NOT RESPONSIBLE FOR ANY LOSS OF DATA DERIVED FROM THE USE OF THE SERVICE. 

12.    Applicable Law

These ToS shall be governed and construed by the laws of the State of New York, 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 the Service shall be resolved as set forth in the Service Terms and Conditions.

You agree that Samsung may send You notices, disclosures and other communications to Your device via SMS, in-app messaging email and direct mail. Notices may include information about the Service, deals, promotions, rewards, merchant acceptance, service enhancements, updates and other information. You agree that certain notices may be based on Your location relevant to stores or businesses. You can choose to modify these notification settings within the Service by clicking on Settings and then Notifications. You hereby consent to receive such notices from Samsung.

13.    Entire Agreement

These ToS and the Service Terms and Conditions are the entire agreement between you and Samsung relating to the Service and supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Service or any other subject matter covered by these ToS. If any provision of these ToS is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

14.    No Waiver

The failure of Samsung to enforce at any time any of the provisions of these ToS, or the failure by Samsung to require at any time performance by You of any of the provisions of these ToS, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of Samsung to enforce such provision thereafter. The express waiver by Samsung of any provision, condition or requirement of these ToS shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

15.    Survival

Any provision that by its nature should continue to be in effect, shall survive the expiration or earlier termination of these ToS, and shall remain valid and binding.

16.    Headings

The headings contained in these ToS are for reference purposes only and shall not affect the meaning or interpretation of these ToS.

 

FEATURE SPECIAL TERMS

The terms in this Section only applies to the specified features. If there is any conflict between these Feature Special Terms and rest of these ToS, the Feature Special Terms will apply. We may additionally provide separate terms, policies and guidelines within each feature.

SAMSUNG PAY

1. Payment Cards.

a. Samsung Pay enables Users to store and use credentials that represent credit, debit, prepaid and gift cards (each, a “Card”) as authorized by the issuer of such Card (a “Card Issuer”). Samsung Pay may be used at participating merchant locations using an eligible Samsung mobile device or accessory or on-line via applications, websites, browsers, interfaces and integrations with third party digital wallets. Your Card Issuer, as well as Samsung, each reserves the right to exclude certain Cards from participating in Samsung Pay or to terminate their participation. Eligible Cards may also vary based on Your location and may change from time to time. The availability of Samsung Pay and its features may vary based on Your location, merchant or provider participation, device model or Card.

b. In some instances, credit, debit, prepaid and gift cards used to make purchases from other Samsung applications, websites, browsers, and interfaces will be stored as Cards within Samsung Pay to facilitate Your future checkout experiences. In addition, when you add a Card to Samsung Pay, your payment card information may also be stored within your Samsung Account to pay for and access paid content with other Samsung Account services.  You can add or remove these payment cards from your Samsung Account by going to “Payments and benefits” in your Samsung Account settings and clicking “Payment methods.”

c. Samsung Pay facilitates issuance of a general purpose reloadable prepaid Card (“GPR Card”) by a Card Issuer. Your eligibility for, and use of, the GPR Card is subject to the Card Issuer’s terms and conditions. Samsung reserves the right to terminate this feature or change GPR Card Issuers at any time. In the event of a change of GPR Card Issuers, Your data may be ported to the new provider for continuity purposes. For the avoidance of doubt, Samsung:
i. is not the GPR Card Issuer;
ii. is not a bank;
iii. is not a money service business;
iv. does not determine your eligibility for a GPR Card;
v. does not hold, have access to or guarantee money deposited to Your GPR Card; and
vi. is not liable for any errors or omission arising from, or related to, the GPR Card or Card Issuer.

2. Gift Card Catalog.

Samsung enables certain gift Cards (“Gift Cards”) to be purchased through Samsung Pay (“Gift Card Catalog”). You agree to comply with any additional terms and conditions established by the Gift Card Catalog provider, as applicable. For the avoidance of doubt, Samsung is not the merchant of record for Your purchase of Gift Cards from the Gift Card Catalog. You agree to look solely to the Gift Card Issuer (and not Samsung) with respect to any requested refunds, exchanges, replacements or other concerns in connection with a Gift Card. We do not assume any liability for Gift Cards and are not responsible for Gift Cards that expire or cannot be redeemed for any reasons, including Gift Card Issuers that cease operations. If You encounter difficulty in purchasing a Gift Card through the Gift Card Catalog, please contact 1-877-426-2551 for support. If You encounter difficulty in setting up a Gift Card for use within Samsung Pay once purchased, please contact Samsung Customer Support for support. You may also load certain physical Gift Cards for use with Samsung Pay by entering the Card number and any applicable codes. You should be sure to keep your physical Gift Card or proof of purchase of the physical Gift Card in case you are unable to redeem the loaded Gift Card for any reason. Gift Cards provisioned within Samsung Pay remain subject to the terms and conditions established by the Card Issuer, the Gift Card Catalog provider and these ToS. Gift Cards added to Your device may be stored by Samsung allowing for portability to other Samsung devices.

3. Deals and Offers.

(a) Samsung Pay enables Users to store and access offers, coupons, deals, discounts and vouchers (“Deals”). Types of Deals will vary, quantities are limited, expiration dates will apply and are subject to participation by Deal providers. You agree to receive notices about nearby Deals to Your eligible device or accessory based on the proximity of Your device to a participating store or business. You agree to comply with any additional terms and conditions established by the Deal provider, as applicable, including, without limitation, redemption limits, resale and redistribution restrictions, and expiration dates. One-time Deals may only be used one time and may not be shared. You agree not to engage in any practices that interfere or circumvent any redemption tracking methods.

(b) You agree to look solely to the Deal provider (and not Samsung) to resolve any and all questions or concerns relating to a Deal, including, without limitation Deal redemption, product safety or product liability. Samsung is neither responsible nor liable for Deal content, including errors or omissions relating to the Deal or for product safety or liability. You agree that we are not agents of any Deal provider and that Deal providers operate independently and are not under our control. We do not assume any liability, obligation or responsibility for any part of such correspondence, offer or promotion, including, without limitation, the withdrawal or modification of any such Deal.

4. Promotions.

Promotions such as discounts and referral codes (“Promotion(s)”) offered by Samsung or its partners are subject to the applicable terms and conditions. Quantities may be limited or substituted in Samsung’s sole discretion.

5. Membership Programs.

Samsung Pay provides access to certain third party loyalty or membership Cards and similar programs (“Membership Program(s)”). You agree to comply with any additional terms and conditions established by the Membership Program provider. Membership Cards may be accessed or used in Samsung Pay with or without biometric authentication or PIN verification. Membership Cards added to Your device may be stored by Samsung allowing for portability to other Samsung devices. Samsung is not liable for any errors or omissions contained within any Membership Program. You agree to look solely to the Membership Program provider to resolve any questions or disputes relating to a Membership Program.

6. Points Rewards Programs.

You may also be eligible to purchase items using Samsung Pay with points associated with your Card. Such third party points programs are managed by, and subject to, Your agreement with Your Card issuer(s). If successfully processed, points will be deducted from Your Card account and applied as a statement credit. If not successfully processed, Your Card will be charged the full amount of the transaction. Samsung is not responsible for any errors or failure of points to be processed or applied to Your purchase. You agree to look solely to Your Card issuer (and not Samsung) to resolve any issues regarding point redemption.

7. Covid-19 Vaccine Card.

Samsung Pay enables Users to import and display their Covid-19 vaccination information (“Covid-19 Vaccination Card”) from third party applications that facilitate access to health information (“Health Information Providers”). You agree to comply with any additional terms and conditions established by the Health Information Provider. Covid-19 Vaccination Cards may be accessed or used in Samsung Pay with biometric authentication or PIN verification. The availability of Covid-19 Vaccination Cards may vary based on Your health care provider. Covid-19 Vaccination Cards added to Samsung Pay will be stored on Your device by Samsung for the sole purpose of enabling its display within Samsung Pay.  Samsung is not liable for any errors or omissions contained within any Covid-19 Vaccination Card. You agree to look solely to the Health Information Provider to resolve any questions or disputes relating to the information displayed in a Covid-19 Vaccination Card.

8. Samsung Money by SoFi

Samsung Pay provides access to a cash management account and an accompanying debit Card (“SMBS Account” and “SMBS Card”) that are offered by Social Finance, Inc. (“SoFi”) and a bank with which SoFi partners to issue the SMBS Card (“the “SMBS Card Issuer”), respectively. Your eligibility for, and use of, the SMBS Account and SMBS Card are subject to SoFi’s and the SMBS Card Issuer’s terms and conditions. Samsung and SoFi reserve the right to terminate the availability of the SMBS Account and/or SMBS Card and/or their access through Samsung Pay, or change the SMBS Card Issuer at any time. In the event of a change of SMBS Card Issuer, Your data may be ported to the new SMBS Card Issuer for continuity purposes. For the avoidance of doubt, Samsung:
i. is not the SMBS Account provider or SMBS Card Issuer;
ii. is not a bank or broker-dealer;
iii. is not a money service business;
iv. does not determine your eligibility for or establish the terms applicable to a SMBS Account or SMBS Card;
v. does not hold, have access to, guarantee or otherwise handle funds deposited to Your SMBS Account; and
vi. is not liable for any errors or omissions arising from, or related to, the SMBS Account, SMBS Card, SoFi or the SMBS Card Issuer.

You agree to look solely to SoFi and/or the SMBS Card Issuer (and not Samsung) with respect to any requested refunds, SMBS Card replacements, inquiries about your SMBS Account balance or features, or other concerns.  For assistance with your SMBS Account or SMBS Card, contact SoFi at 844-977-7634.

9. Cash Back Loyalty Awards Program.

Samsung offers a Cash Back Loyalty Awards Program (“Awards Program”) to allow Users to earn a percentage back of their purchase amount on certain purchases completed through the websites, applications, and other related properties of participating merchants and other third parties (“Awards”). The participating merchants and other third parties are collectively referred to as “Merchants” and the websites, applications and other related properties of such Merchants are referred to as “Third Party Sites”. Participation in the Awards Program and the opportunity to earn Awards are offered at the sole discretion of Samsung and subject to Your compliance with these terms and conditions. Samsung reserves the right to change, upgrade, or discontinue the Awards Program, any feature of the Awards Program, or the participation of any Merchant or Third Party Site, at any time, with or without notice. All rights not expressly granted under these terms and conditions are reserved by Samsung or its licensors.

(a) Qualifying Purchases; Exclusions

(i) Qualifying Purchases: Available offers are presented in the Samsung Pay application. In order to earn an Award, You must: (A) click on a Merchant link within the Samsung Pay application or Samsung browser which link redirects you to a Third Party Site, and (B) complete a qualifying purchase transaction after clicking on the Merchant link (“Qualifying Purchase”). NOTE: Merchants have different rules regarding how long the offer will be available after first visiting their Third Party Site. If You disable “cookies” on Your device used to make a Qualifying Purchase, You may not be credited for your Qualifying Purchase because cookies are used to authenticate Users and verify eligibility.

(ii) Samsung Browser: Samsung may also make available a browser extension to enhance Your shopping experience (“Samsung Browser Extension”). Additional terms may apply to any such Samsung Browser Extension.

(iii) Exclusions. Awards are earned on Your net purchase amount for a Qualifying Purchase, which excludes taxes, fees, discounts or credits, shipping, returns or cancellations, extended warranties and any other fees imposed by the Merchant. Purchases of Gift Cards do not qualify under the Awards Program. The amount of an Award for a Qualifying Purchase will be calculated as a percentage of your net purchase amount. Amounts vary by Merchant and product category and may contain exclusions in the terms of the offer and/or on the applicable Third Party Site. The terms of a particular offer will be displayed to You within the Samsung Pay application or Samsung browser prior to you selecting the Merchant link. The maximum amount of an Award that you may earn for any individual Qualifying Purchase is $100.

(iv) Fraudulent Activity: We reserve the right to investigate any purchase transaction (including a Qualifying Purchase) that we believe, in our sole discretion, is abusing or has abused the Awards Program. We reserve the right to rescind Awards to of any User that we believe, in our sole discretion, is abusing or has abused the Awards Program, including, without limitation, by engaging in a pattern of returning products after the applicable Return Period (as defined below) for a Qualifying Purchase that has been credited to such User. Any failure to comply with these terms and conditions, any fraud or abuse relating to the accrual or receipt of an Award, or any misrepresentation of any information furnished to Samsung by You or anyone acting on Your behalf may result in the termination of Your participation in the Awards Program and forfeiture of any Awards (whether pending or accrued). If Samsung has any reason to suspect fraudulent activity is associated with an Award grant, Samsung reserves the right to delay or withhold the ability to redeem Awards. Any suspected or actual cases of fraudulent activity will be escalated and reviewed in accordance with our fraud policy.

(b) MAXIMUM PER TRANSACTION VALUE. THE MAXIMUM AMOUNT OF AN AWARD THAT YOU MAY EARN FOR ANY INDIVIDUAL QUALIFYING PURCHASE IS $100.

(c) Accrual and Expiration.

(i) Accrual. Awards credited for Qualifying Purchases will be held in a pending state and do not accrue until expiration of the applicable return period for the product or service You purchased via a Third Party Site (the “Return Period”). During the applicable Return Period, such amounts will be designated as “pending.” Upon expiration of the Return Period, Samsung will update Your Awards balance to indicate that the relevant Award that has “accrued” is available for You to redeem. The applicable Return Period is set by the relevant Merchant and, therefore, accrual dates vary depending on the Merchant’s policies and reporting schedules.

(ii) OWNERSHIP OF AWARDS. ALL RIGHT, TITLE AND INTEREST IN ALL PENDING AWARDS REMAIN VESTED WITH SAMSUNG DURING THE APPLICABLE RETURN PERIOD.

(iii) Awards Adjustments. In our sole discretion, we may deduct pending Awards in order to make adjustments for returns and cancellations with respect to Qualifying Purchases. For instance, if You return or cancel all or a portion of Your Qualifying Purchase to the Merchant during the Return Period, Samsung will receive a notification and will adjust Your pending Award accordingly. Alternatively, if You return or cancel the entirety of Your Qualifying Purchase during the Return Period, Samsung will deduct the entirety of Your pending Award for such Qualifying Purchase. Any such adjustments will be made in accordance with these terms and conditions, any applicable Samsung policies and terms, the terms of any Third Party Site offers, and any and all applicable laws, rules, and regulations. The determination of whether a purchase made through a Third Party Site qualifies for Awards (i.e., whether such purchase is a Qualifying Purchase) is at the discretion of Samsung and the Merchant. If a Merchant fails to report a Qualifying Purchase to Samsung or fails to make payment to Samsung for any reason, Samsung reserves the right to cancel the Award associated with that Qualifying Purchase. It is Your responsibility to check Your Awards balance regularly to ensure that Awards have been properly credited and that Your Awards balance is accurate. If You believe that Awards have not been correctly credited, You must contact Samsung customer service within ninety (90) days of the Qualifying Purchase. Should You disagree with any adjustments made to Your Awards balance or Awards made available to You, Your sole remedy is to not participate in the Awards Program.

(d) Redemption.

(i) Redemption. Once Your Awards have accrued (i.e., after the Return Period has expired), You may redeem Your Award by instructing Samsung to transfer Your Award balance to an available redemption method (“Redemption Method”). Redemption Methods will vary and are subject to additional terms and conditions. For example, accrued Awards transferred to a gift card or an eligible prepaid card may be subject to additional terms and conditions of the gift or prepaid Card Issuer, including inactivity fees and forfeiture in the event of an expiration event. Samsung is not the provider or issuer of the available Redemption Methods and is not responsible for Awards once such amounts have been transferred to a Redemption Method.

(ii) IMPORTANT NOTICE ABOUT REDEMPTION OF AWARDS TO SAMSUNG REWARDS PROMOTIONAL MASTERCARD CARD OR PROMOTIONAL VISA CARD (“REWARDS CARD”). ADDITIONAL TERMS, AND CONDITIONS APPLY TO THE REWARDS CARD. THE MASTERCARD REWARDS CARD INCLUDES A “VALID THRU” DATE, HOWEVER, EVEN IF THE “VALID THRU” DATE HAS PASSED, THE AVAILABLE FUNDS ON YOUR CARD DO NOT EXPIRE. SEE MASTERCARD REWARDS CARD AGREEMENT FOR DETAILS. ADDITIONAL TERMS, AND CONDITIONS APPLY TO THE VISA REWARDS CARD, INCLUDING EXPIRATION DATES. THE VISA REWARD CARD, THE AWARDS REDEEMED TO THE VISA REWARD CARD, AND ANY VALUE ASSOCIATED WITH EITHER, EXPIRES AND IS NO LONGER AVAILABLE TO YOU ON THE VISA REWARD CARD “VALID THRU” DATE. REWARDS REDEEMED TO AN EXISTING VISA REWARDS CARD ALSO EXPIRE ON THE “VALID THRU” DATE.

(iii) Minimum Balance. A minimum accrued Award of $5 is required before a User can transfer the Award to an available Redemption Method.

(iv) Not Redeemable for Physical Currency. Despite phrases that may be used such as “Cash” or “Cash Out,” accrued Awards are not available as physical currency. For example, You cannot withdraw Awards from an automated teller machine.

(e) Third Party Site Awards Program Restrictions. You agree that You will not, and will not permit others to: (i) damage, interfere with or unreasonably overload the Third Party Sites; (ii) introduce into the Third Party Sites any code intended to disrupt the Awards Program; (iii) alter or delete any information, data, text, links, images, software, chat, communications and other content available through the Third Party Sites (collectively, “Content”); (iv) access the Awards Program or the Third Party Sites by expert system, electronic agent, “bot” or other automated means; (v) use scripts or disguised redirects to derive financial benefit from Samsung; (vi) modify, reverse engineer, reverse assemble, decompile, copy or otherwise derive the source code relating to the Awards Program for any reason; (vii) rent, sell or sublicense any of the Third Party Sites; (viii) provide any unauthorized third party with access to the Awards Program; (ix) access confidential Content through the Third Party Sites; (x) interfere with the operation of the Awards Program, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses; (xi) post any material in any form whatsoever on the Third Party Sites or within the Awards Program that is defamatory, obscene or otherwise unlawful or violates any third party’s right of privacy or publicity; (xii) infringe any third party’s patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third party in connection with Your use of the Awards Program or the Third Party Sites; (xiii) engage in any activity that does not comply with applicable law and regulations or otherwise engage in any illegal, manipulative or misleading activity through the use of the Awards Program.

(f) Merchant Policies. A product or service purchased from any Merchant through the Awards Program is governed by and subject to the applicable Merchant’s policies, including applicable exchange and shipping policies. For the avoidance of doubt, Samsung is not the merchant of record for Your Qualifying Purchase and does not have any liability with respect to any products or services purchased from Merchants participating in the Awards Program. You agree that we are not agents of any Merchant and that the Merchants that participate in the Awards Program operate independently and are not under our control with respect to the Awards Program or otherwise. Accordingly, Your participation in offers or promotions of, or correspondence with, any Merchant is solely between You and that Merchant. Samsung does not assume any liability, obligation or responsibility for any part of such correspondence, offer or promotion, including, without limitation, the redemption, withdrawal or modification of any such offer or promotion. Samsung is not responsible for changes to, or discontinuance of, any Third Party Site, or for any Merchant’s withdrawal from the Awards Program, or for any effect on accrual of amounts caused by such changes, discontinuance, or withdrawal.

10. Tickets

Samsung Pay allows you to add tickets, coupons and boarding passes to your Samsung Wallet from participating companies that issue such tickets, coupons and passes. You agree to comply with the applicable Issuing company’s terms, policies, rules, guidelines and conditions governing the use of such tickets, coupons and passes. Samsung recommends that you retain a back-up copy of your ticket, coupon or pass (such as a screenshot) in case of conditions that may prevent your ticket, coupon or pass from being displayed (for example, limited network coverage or battery drainage). Samsung is not responsible for any inability of your ticket, coupon or pass to be displayed. Samsung is not responsible for the authenticity or validity of any ticket, coupon or pass and does not guarantee that any ticket, coupon or pass will be accepted or gain admittance to the corresponding event. To prevent fraud, a ticket, coupon or pass cannot be added to more than one Device at a time (i.e., if a ticket, coupon or pass is added to a Samsung Wallet on a second Device, it is automatically deleted from your Samsung Wallet on the first Device, regardless of the Samsung Account logged onto the Devices. You agree not to attempt to decode, decrypt, modify, or reverse engineer any tickets, coupons or passes or underlying algorithms or barcodes used on or in their production. You agree to assume any and all risks, liabilities, claims, injuries or other damages to person or property arising from or in any way related to the event (e.g., concert, flight) for which a ticket, coupon or pass is issued. You agree to comply with specific COVID-19 related terms and conditions upon entering the event venue including but not limited to wearing masks while on premises.


11. Student ID

Samsung Wallet allows you to add Student Identification Cards (“Student ID”) issued by a participating educational institution (each, a “Provider”) to your Samsung Wallet. Your Provider may allow your Student ID to access physical spaces such as facilities or parking or for payment of designated goods and services from stored value payment credentials (such as dining/meal plans). You agree to comply with your Provider’s terms, policies, rules, guidelines and conditions governing the use of your Student ID. Your Student ID within Samsung Wallet should be protected in the same way you would protect your physical ID card as any authorization you provide by sharing your device, your device password or by adding third party fingerprints to your device may allow access to facilities or payment for goods and services through your stored value payment credentials. Samsung recommends that you retain the physical copy of your Student ID in a safe place while using Samsung Wallet. Depending on your device settings, you may choose to display your Student ID with or without your photo on the lock screen, which will be visible to anyone that is near your device (you may change this using your device settings). If your Provider allows use of your Student ID to pay for or use stored value meal plans or accepts the use of your Student ID as payment for other products and/or services, then your account balances or spending records are available through your Provider. For the avoidance of doubt, Samsung is not the administrator of your Student ID program(s). You agree to look solely to the Provider that issued your Student ID (and not Samsung) with respect to any requested refunds, exchanges, replacements or other concerns in connection with your Student ID.

Last updated June 26, 2023.