Samsung Pay Supplementary Terms of Service
Last Revised: November 16, 2016
Samsung Pay, Inc. together with its affiliates (“Samsung”, “we”, “us”, or “our”) is pleased to offer you Samsung Pay. PLEASE READ THESE SUPPLEMENTARY TERMS OF SERVICE (“TOS”) CAREFULLY BEFORE ACCESSING OR USING SAMSUNG PAY BECAUSE THEY CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR” OR “USER”) AND SAMSUNG FOR SAMSUNG PAY SERVICES.
By installing or using Samsung Pay, You agree to be bound by the ToS. If you do not agree to the ToS, you may not use Samsung Pay. The ToS may be modified by Samsung from time to time. If we modify the ToS, we will update the “Last Revised” date listed above. If you continue to access or use Samsung Pay after such modification, you will be deemed to have read, understood and unconditionally agreed to such changes.
The 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 provided through this link https://account.samsung.com/membership/terms to 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 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.
1. About Samsung Pay and Your Acceptance of these ToS
1.1 Samsung Pay is a mobile application provided in the United States which enables users to store credentials that represent credit, debit, gift cards or membership cards (each, a “Card”) as authorized by Your bank, gift card, or membership card issuer (each, a “Card Issuer”). Samsung Pay may be used at participating merchant locations using an eligible mobile device, accessory or online through certain merchant applications and websites. Samsung Pay may also include features such as merchant offers, deals, promotions and other reward programs.
1.2 The availability of Samsung Pay and its features may vary based on Your location, merchant or provider participation, type of device and Card. In order for a Card to be eligible to be used in Samsung Pay, the Card Issuer must have approved the Card for participation in Samsung Pay. 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.
1.3 The ToS only govern the relationship between Samsung and You related to Your use of Samsung Pay. Other than as set forth herein, 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, refunds, merchant offers, deals, rewards or membership terms. 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.
1.4 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 majority in their resident jurisdictions (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. UNDER NO CIRCUMSTANCES MAY MINORS UNDER THE AGE OF 13 USE SAMSUNG PAY.
1.5 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 full commercial launch, or may never be released commercially. Despite any other provision of this ToS, any use of or reliance on beta features or services is done at Your own risk and is provided as is and without warranty of any kind.
1.6 Samsung may, in its sole discretion, terminate, change, modify, suspend, make improvements to or discontinue any or all aspects of Samsung Pay, temporarily or permanently, including the availability of any portion of Samsung Pay at any time with or without notice to You and You agree that Samsung shall not be liable to You or to any third party as a result of taking any of these actions.
1.7 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. 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 the Internet via a mobile network or Wi-Fi (fees may apply), and requires obtaining updates or upgrades from time to time. Some updates can be configured to update automatically when connected to Wi-Fi. 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, is Your responsibility.
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 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.
3. Purchase and Use of Gift Cards
3.1 Samsung makes certain gift Cards available for purchase through the Samsung Pay gift Card catalog (“Gift Card Catalog”). All sales of gift Cards through the Gift Card Catalog are final. Samsung Pay does not offer replacements, refunds or exchanges for gift Cards purchased through the Gift Card Catalog. You should contact the Card Issuer directly with respect to any requested refunds, exchanges or replacements. If you encounter difficulty in purchasing a gift Card through the Gift Card Catalog or in setting up a gift Card for use within Samsung Pay once purchased, please contact Samsung Customer Support for support.
3.2 You may also load certain physical gift Cards for use with Samsung Pay by entering the Card number and any applicable codes. Gift Cards provisioned within Samsung Pay remain subject to the terms and conditions established by the Card Issuer and otherwise as set out in these ToS. Gift Cards added to Your device may be stored by Samsung allowing for portability to other Samsung devices.
4. Offers and Promotions; Membership Programs; Rewards Program.
4.1 Samsung Pay may provide (i) offers and promotions, including coupons, prizes, deals, discounts and vouchers (“Offers)”); and (ii) 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 Deal or Membership Program provider, as applicable, including, without limitation redemption limits, resale and redistribution restrictions, and expiration dates. One-time Offers may only be used one time and must not be shared. You agree not to engage in any practices that interfere or circumvent any redemption tracking methods.
4.2 Samsung Pay is not liable for any errors or omissions contained within any Offer or Membership Program. You agree to look solely to the Offer or Membership Program provider to resolve any questions or disputes relating to an Offer or Membership Program, including the receipt and redemption of an Offer.
4.3 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.
4.4 The Samsung Rewards Program (the "Program") is a program through which eligible participants can earn and redeem various points. Your participation in the Program is subject to the following Program terms and conditions: http://www.samsung.com/us/samsung-pay/rewards/terms-and-conditions. The Program may not be available on all devices where Samsung Pay is available.
5.1 You must register either Your physiological biometric data 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.
5.2 Use of iris scanning technology is at your own risk. Do not (i) stare at the iris recognition light from less than 20cm away from your device; (ii) use the iris recognition camera and LED with infants or children; and (iii) use if you have had dizziness, seizures, loss of awareness, blackouts, or other symptoms linked to an epileptic condition, or a family history of such symptoms or conditions without first consulting your doctor.
5.3 Use of Samsung Pay 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; (ii) certain data and information that You have supplied to Samsung (including encrypted Card information), may be transferred to Your wearable device; (iii) when deleting or resetting the Samsung Pay application from Your wearable devices, certain Card information will be preserved in Your mobile device; (iv) deleting a Card from Your wearable device may not automatically delete the Card from Your Samsung Pay account; (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.
You hereby consent to receive notices, disclosures and other communications from Samsung Pay to Your device via email, SMS, in-app messaging and other methods. Certain notices, including Samsung Pay merchant acceptance and Offers, may be prompted by Your device location.
7. Third Party Services
Samsung Pay may include links, access to or use third party services. Such access will not be construed as an endorsement, sponsorship, or affiliation. Samsung exercises no control whatsoever over such other third party services, and is not responsible or liable for the availability, functioning, or quality thereof or the content, advertising, products or other materials thereon. Samsung will not be responsible or liable, directly or indirectly, for any damage or loss (including data loss) incurred or suffered by any user in connection therewith. Your access and use of third party services, including information, material, products and offers therein, is solely at Your own risk. Use of third party services may require Your agreement to separate written terms and conditions.
8.1 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/OR SERVICES MADE AVAILABLE VIA 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 (I) SAMSUNG PAY WILL OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE MANNER, (II) SAMSUNG PAY WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS OR ERRORS OR (III) SAMSUNG PAY WILL BE SECURE AGAINST OR IMMUNE FROM (INCLUDING THE CONTENT DELIVERED TO YOU OR THE INFORMATION YOU PROVIDED) ANY UNAUTHORIZED ACCESS; (IV) DEALS, OFFERS, COUPONS, LOYALTY PROGRAMS, MEMBERSHIP PROGRAMS AND OTHER SAMSUNG PAY SERVICES WILL BE AVAILABLE, ACCURATE, OR ERROR-FREE.
8.2 DISCLAIMER OF CERTAIN DAMAGES. IN NO EVENT SHALL SAMSUNG OR ITS LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, 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, REGARDLESS OF WHETHER OR NOT 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, 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 OR SAMSUNG PAY. 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.
8.3 THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
9. Governing 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 Samsung Pay shall be resolved as set forth in the Service Terms and Conditions, located at https://account.samsung.com/membership/terms.