1. Introduction
   
   

1. The following Google Pay terms and conditions (“Google Pay Terms”) are an agreement between you and Kryptonim (​Kryptonim Technologies Limited​, registered address at: RM 1406, 14/F SOLO BLDG, 41-43 CARNARVON RD TST, HONG KONG) that governs your access to and use of your Kryptonim Card through Google Pay. By registering to add Kryptonim Card for use in Google Pay on your Android Devices, or allowing another cardholder to add a Kryptonim Card linked to your Card Account for use in Google Pay on their Android Devices, you agree that you have read, understood, and accepted all of the Terms contained herein and to use your Kryptonim Card in accordance with these Terms. If you do not agree with any of the following Terms, you must cease all access to, or use of your Kryptonim Card in connection with, Google Play and/or remove any Kryptonim Card linked to your account from Google Pay. 

These Google Pay Terms shall be read in conjunction and in addition with the: 

1. General Terms and Conditions – (the “Terms”);

2. Card Terms and Conditions - if attached to and/or distributed to you with the Card (the “Card Terms”); and 

3. the Tariff Table (the “Tariff Table”); and 

4. the Limits Table (the “Limits Table”); and 

5. Privacy Policy

constitute a legally binding agreement (the “Agreement”) between you (the “Client” or “you”) and Kryptonim (jointly the “Parties” or separately as the respective “Party”) that becomes applicable and effective upon your access to the Platform. If you do not agree, please refrain from using the Platform and its services.
 

2. You also acknowledge that your use of Google Pay is subject to the terms and conditions set forth by Google with respect to the use of Google Pay, which will not change or override these Google Pay Terms. 

2. Definitions

In these Terms, all capitalised words or expressions used shall be defined and carry the same meaning as stated in the Definition section of the General Terms and Conditions except for the following words defined below:

1. “Android Device” means a device that supports the Android operating system, which Kryptonim determines, at its sole discretion, is eligible for the registration of Kryptonim Card to be used in Google Pay. Any devices that are modified contrary to the software or hardware guidelines of the manufacturer, including by disabling hardware or software controls (commonly referred to as “jailbreaking”), are not eligible for the registration of Kryptonim Card to be used in Google Pay.

2. “Google Pay” means the mobile payment and digital wallet service created by Google that lets users make payments using certain devices which support the operating systems released by Google and credit cards or debit cards registered on such Android Devices.

3. “Kryptonim”, “we” or “us” means Kryptonim Technologies Limited and its subsidiaries.

4. “You” means the user of the Kryptonim Card which has been added to the Google Pay digital wallet on any Android Device and, as the context requires, includes any relevant Authorized User.

3. Eligibility / Enrollment
   
   

1. Google Pay is available to Kryptonim Card cardholders for the purposes of purchasing goods and services with an eligible Android Device at near field communication (“NFC”) enabled merchants and/or an online merchant, who accepts Google Pay as a form of payment. 

2. To add your Kryptonim Card to Google Pay, you must register your Kryptonim Card through Google Pay via Kryptonim’s Platform or by directly scanning or entering the Kryptonim Card details manually on Google Pay wallet (“Google Pay Card Registration”). You may be required to take additional steps to authenticate yourself before your Kryptonim Card is added to Google Pay, including providing the correct one-time password (“OTP”) which will be sent to you by us via SMS on your registered mobile number with us (“Additional Authentication”). Your enrollment will be declined if the Kryptonim Card is not eligible for this service, you failed the authentication process, or if your Kryptonim Card or the underlying Card Account is not in good standing or conducted in a proper or satisfactory manner as determined by us at our absolute discretion. Google Pay may also limit the number of Kryptonim Cards that you may store in a single Android Device from time to time which we cannot control. We may, however, limit the number of Android Devices in which the same Kryptonim Card can be stored from time to time and you should refer to our latest communications regarding such limit. 

3. By adding your Kryptonim Card to Google Pay, a unique numerical identifier different from your Kryptonim Card number (“Device Card Number”) will be allocated for the purpose of making purchases and receiving refunds through Google Pay. Due to the manner in which Google Pay operates, you may need to present your Android Device at a merchant when you return an item purchased using Google Pay on such Android Device. 

4. Once a Kryptonim Card is added to Google Pay, you can use Google Pay to authorise transactions on a Card Account. This is done by using the relevant Android Device in place of a Kryptonim Card at a contactless payment terminal or in an application on an Android Device. 

5. Renewal of your Kryptonim Card upon expiry or replacement of the damaged Kryptonim Card will not affect your use of the same Kryptonim Card enrolled for Google Pay, whether or not you have activated the renewed or replacement Kryptonim Card.

4. Your use of Kryptonim Cards through Google Pay
   
   

1. You must keep your Android Device safe and secure, by locking it when not in use or when it is unattended by installing up-to-date anti-malware or anti-virus software on it (wherever applicable), including ensuring that the device is not modified contrary to the software or hardware guidelines of the manufacturer or intentionally disabling the device’s hardware or software controls (commonly referred to as “jailbreaking”). You acknowledge and agree that the use of a modified device to use your Kryptonim Card in connection with Google Pay is expressly prohibited and constitutes a violation of these Google Pay Terms, and is grounds for us to deny your access to your Kryptonim Card through Google Pay.

2. You must also ensure that your passcode or personal identification number that is required to allow you to use your Android Device to access and use your Kryptonim Cards to make purchases through Google Pay is kept secure in the same way as a cardholder would for a banking password or PIN, including but not limited to, by:

   1. Not disclosing or sharing to any one;

   2. Not carrying a record of it with an Android Device or anything liable to be stolen with an Android Device (unless a reasonable effort is made to protect the security of the device);

   3. Not choosing an easily guessable passcode such as the cardholder’s date of birth or a recognisable part of the cardholder’s name; and

   4. Not acting with negligence in failing to protect the security of the passcode.

3. You must take all steps and prevent any fraud, loss or theft in respect of your Android Device or any of your Kryptonim Card in connection with the use of Google Pay. 

4. If biometric identifiers are registered on your Android Device and are used to identify you or be used to grant access to and use your Kryptonim Card for Google Pay, you must not save a third party’s biometrics such as fingerprint (biometric information) on the device. In the event a third party’s biometrics are saved on the device, whether now or in the future, and such biometric details can be used to grant access to the device to access and use your Kryptonim Card, you understand, acknowledge and agree that you will be taken to have authorised that person to transact on your behalf and the relevant transactions will be charged to your Kryptonim Card, to which you shall be responsible and liable for the same. 

5. If you enrol for biometric verification such as fingerprint identity (“Touch ID”), personal identification number or passcode on Google Pay, the collection, storage, enrolment and access to Google Pay using your biometric information, personal identification number or passcode will be made using the technology on your Android Device. Accordingly, when you log into Google Pay and choose to be verified using the technology on your Android Device, your fingerprint or any other biometric information, personal identification number or passcode will be matched and verified against your device’s technology. Accordingly, you acknowledge that we have no control over the technology on the Android Device, the availability, capability, verification method, security and integrity of the Android Device and cannot be held responsible for transactions effected using Google Pay and authorized using any biometric information or personal identification number or passcode. You should therefore assess if the Android Device’s manner of verification and risks associated with such use is acceptable to you. 

6. The use of Google Pay is at your own discretion. You are not obliged to use Google Pay in connection with any of your Kryptonim Cards. Accordingly, you agree that the access and use of your Kryptonim Card on Google Pay will be considered as authorized by you and you shall be responsible and liable for the same. If you share your passcode with any other person, you are taken to have authorized that person to transact on your account using Google Pay. This means that any Google Pay transaction initiated by that person using the fingerprint or passcode will be authorized by you and the clauses of the Agreement which deals with unauthorized transactions will not apply. If your Android Device is lost or stolen, any biometric information or personal identification number or other passcode is compromised or used or your Kryptonim Card has been used through Google Pay without your permission, you must notify us immediately and if we so require, furnish to us a statutory declaration in such form as we specify and/or a police report and/or any other information we may reasonably require. You are liable for all unauthorized use of your Kryptonim Card in connection with Google Pay until you notify us unless we determined, at our sole discretion that: (i) you have fully complied with these Google Pay Terms (including, but not limited to the safety precautions) and you notified us without delay, (ii) you assist in the investigations and recovery, and (iii) we are satisfied that such unauthorized transactions are not due to your wilful misconduct and/or gross negligence and that you have not acted fraudulently.

7. You agree and acknowledge that the transaction history displayed in Google Pay in connection with the use of your Kryptonim Card in Google Pay solely represents our authorization of your Google Pay transaction using that particular Android Device and does not reflect any post authorization activity, including but not limited to clearing, settlement, foreign currency exchange, refunds, returns or chargebacks. 

8. Accordingly, the purchase amount, currency, and other details for your Google Pay transaction history in connection with use of your Kryptonim Card in Google Pay may not match the transaction amount that is ultimately cleared, settled, and posted to your Kryptonim Card statement of account. If there is any inconsistency between your Kryptonim Card statement of account and transaction history displayed in Google Pay, your Kryptonim Card statement of account shall prevail, and you will remain liable to us for the amounts set out on your statements. 

5. Fees and charges
   
   

1. All applicable fees, interests and charges that apply to your Kryptonim Card pursuant to the Agreement are available and provided via the Platform and will continue to apply after you have registered your Kryptonim Card with Google  Pay. We currently do not impose any additional fees for using your Kryptonim Card through Google Pay but we reserve the right to impose a fee at our sole discretion in the future. You shall be solely responsible for all third-party charges, such as your telecommunications carrier or provider may impose web-enablement, data usage or text messaging fees and/or other charges associated with your use of Google Pay.

2. As a condition of using your Kryptonim Card in connection with Google Pay, you acknowledge and consent to us sending notifications and automatically dialled calls or text messages to the Android Device which may or may not be the same device as your mobile phone number on record with us.

6. Suspension and Termination of Google Pay
   
   

1. We have the right to suspend, block or cancel your ability to use your Kryptonim Card in connection with Google Pay at any time and need not give you any prior notice or reason for doing so, including, modifying or suspending the type of transactions allowed on your Kryptonim Card in connection with Google Pay, change the eligibility of a Kryptonim Card for use with Google Pay, and/or change the Kryptonim Card authentication process. 

2. We also have the right to impose a limit on any daily and/or individual transaction amount(s) charged to your Kryptonim Card through Google Pay. The limit will be at such an amount(s) as determined by us and notified to you from time to time. 

3. In the event we have cancelled or suspended your Kryptonim Card in accordance with these Google Pay Terms and/or the terms of the Agreement, you will not be allowed to use it through your Android Device. Please note that this is the case even though you may still see a symbol for the Kryptonim Card on your Android Device.

7. Authorization to collect and share data
   
   

1. You agree that we may collect, transmit, store, and use technical, location, and login or other information about you and your use of your Kryptonim Card through Google Pay. We may also collect information relating to your Android Device (including app version, device type and model, operating system and security information such as whether you have obtained root access):

   1. To ensure your Kryptonim Card properly functions in Google Pay;

   2. For security purposes and to identify fraud;

   3. For Kryptonim to better provide assistance to you; and

   4. To tell you about other products or services that may be of interest to you. 

2. You acknowledge that (i) Apple, the provider of Google Pay technology that supports your Kryptonim Card in Google Pay, as well as its subcontractors, agents, and affiliates, and (ii) the applicable payment network branded on your Kryptonim Card (i.e., Visa) as well as subcontractors, agents, and affiliates of such payment networks, will have access to certain details of your transactions made with merchants via use of your Kryptonim Card through Google Pay in and/or for the purposes of (1) performing its obligations hereunder; (2) providing you with relevant transaction data; (3) detecting and addressing fraud; (4) complying with applicable laws and regulations; (5) responding to inquiries made pursuant to court orders or by regulators; (6) managing, making product enhancement to, and/or promoting the use of Google Pay; and (7) creating business and/or technical performance reporting. You acknowledge that the use, storage and disclosure of any personal information provided by you directly to Apple, the applicable payment network branded on your Kryptonim Card (i.e., Visa), or other third parties supporting Google Pay, will be governed by the privacy policy of such party.

8. Merchant relationships and disclaimers
   
   

1. Merchants may present to you certain discounts, rebates or other benefits (e.g. free shipping) (“Offers”) if payment is effected through Google Pay. Such Offers are subject to certain terms and conditions between you and the relevant merchant. We will not be liable for any loss or damage as a result of any interaction between you and a merchant with respect to such Offers. All matters, including delivery of goods and services, returns, and warranties, are solely between you and the applicable merchants. You acknowledge that we do not endorse or warrant the merchants that are accessible through Google Pay or the Offers that they provide.

9. Changes to Google Pay Terms and Conditions
   
   

1. We may amend at any time these Google Pay Terms, by providing reasonable prior notice to you. We may revise these Google Pay Terms at any time by updating this posting. You are bound by such revisions and should therefore visit our website to review the current Google Pay Terms from time to time.

10. Intellectual Property
    
    

1. All intellectual property rights including all patents, trade secrets, copyrights, trademarks and moral rights (collectively, “Intellectual Property Rights”) in Google Pay (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned either by Apple, us, our licensors or third parties. Nothing in these Google Pay Terms gives you any rights in respect of any intellectual property owned by Apple, us, our licensors or third parties and you acknowledge that you do not acquire any ownership rights by adding your Kryptonim Card to, or using your Kryptonim Card in connection with, Google Pay. 

2. Apple, Google Pay are trademarks of Google Inc., registered in the U.S. and other countries and regions.

11. Disclaimers of warranty
    
    

1. Google Pay is provided by Apple, and without warranty from us. You acknowledge and agree that from time to time, your use of the Kryptonim Card in connection with Google Pay may be delayed, interrupted or disrupted for an unknown period of time for reasons we cannot control. Neither we nor our affiliates will be liable for any claim arising from or related to use of your Kryptonim Card through Google Pay due to such delay, interruption, disruption or similar failure. 

2. You acknowledge that we are not party to the terms and conditions for Google Pay between you and Google and we do not own and are not responsible for Google Pay. We are not providing any warranty for GooglePay. We are not responsible for the performance, maintenance or other support services for Google Pay and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to Google Pay, including, without limitation, any third party product liability claims, claims that Google Pay fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of Google Pay, including those pertaining to Intellectual Property Rights, should be directed to Apple. 

3. We do not recommend, endorse or make any representation or warranty of any kind regarding the performance or operation of your Android Device. You are responsible for the selection of an Android Device and for all issues relating to the operation, performance and costs associated with such Android Device.

   
   

12. Limitation of liability
    
    

1. To the maximum extent permitted by applicable law, in no event shall we, our processors, suppliers, or licensors (or their respective affiliates, agents, directors, and employees) be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other Intangible losses, that result from the use of, inability to use, or unavailability of Google Pay, including your use of Kryptonim Card in connection with Google Pay. 

2. To the maximum extent permitted by applicable law, we, our processors, suppliers, and licensors (and their respective affiliates, agents, directors, and employees) assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of Google Pay, including your use of your card in connection with Google Pay; (iii) any interruption or cessation of transmission to or from Google Pay; (iv) any bugs, viruses, Trojan horses, or the like that may be transmitted to or through Google Pay by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through Google Pay; and/or (vi) user content or the defamatory, offensive, or illegal conduct of any third party.

13. Indemnity
    
    

1. You will indemnify, defend, and hold us (and our employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these Google Pay Terms, including any violation of our policies; (b) your wrongful or improper use of Google Pay, including wilful misconduct or fraud; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of Hong Kong or any other country; (e) any access or use of Google Pay by any other party with your Touch ID or personal identification number or passcode or other appropriate security code, and (f) any change in law, regulations, guidelines or official directive or circulars which has an effect on the Kryptonim Card or Google Pay, and the same may be debited to your Kryptonim Card and/or shall be paid by you on demand.

14. Representation and warranty
    
    

1. You represent and warrant to us that: (i) to the extent you identified a name at registration, the name identified by you when you registered your Kryptonim Card to be added to Google Pay is your name; (ii) you are the cardholder of all Kryptonim Cards you add to Google Pay; (iii) you and all transactions initiated by you or using any of the Kryptonim Cards added to Google Pay will comply with all laws, rules, and regulations applicable to you, including any applicable tax laws and regulations; (iv) you have the authority to authorize the receipt of notices, calls and text messages from us at the phone number you provide, (v) you will not use any of your Kryptonim Card through Google Pay for any fraudulent undertaking or in any manner so as to interfere with the operation of Google Pay; (vi) you will not permit any use of your Kryptonim Card through Google Pay by any third party; and (vii) your use of your Kryptonim Card in connection with Google Pay will comply with these Google Pay Terms.

15. Removal of your Kryptonim Card from Google Pay
    
    

1. You shall follow the instructions from Google Pay to remove your Kryptonim Card from Google Pay if you no longer wish to use your Kryptonim Card through Google Pay. You should also ensure that any Kryptonim Card is removed from your Android Device before the disposal of such Android Device. Removal of your Kryptonim Card from Google Pay will not terminate your Kryptonim Card unless you also choose to terminate such in accordance with the terms of the Agreement.

16. Severability
    
    

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

17. Governing Law

The same laws that govern the Agreement shall govern these Google Pay Terms.