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/23/10/2024
Terms and Conditions of registering and using Eximbank cards with Garmin Pay
The content of these Terms and Conditions applies to the Cardholder when registering and using the Eximbank Card on Garmin Wallet. By confirming “Agree” or “Agree” on the Add Card screen, the Cardholder acknowledges that he/she has read, understood and accepted to be bound by these terms and conditions.
Article 1. Interpretation of terms:
1. “Eximbank”: is the Vietnam Export Import Commercial Joint Stock Bank including its branches and affiliated transaction offices.
2. “Garmin”: is an American multinational technology company, specializing in providing smart wearable product lines and applications linked to mobile phones to serve the payment needs of users.
“Card”: is a Card issued by Eximbank, meeting the conditions and registered and used by the Cardholder on Garmin Wallet.
3. “Cardholder”: is the person whose name is on the Card and whose Card is successfully added to the Payment Application on mobile devices.
4. “Compatible electronic devices (or mobile phones)”: are smart mobile devices using iOS/Android operating systems and installed with the Garmin Connect Mobile application.
5. “Eximbank EDigi”: is an application developed by Eximbank, installed and used on mobile devices (including smart mobile phones and smart mobile devices) with Internet connection, allowing Users to search and promptly update promotions from Eximbank, pay for goods and services, transfer money, withdraw cash at Eximbank ATMs and use other services provided by Eximbank from time to time.
6. “Card Accepting Unit (CEP): is an organization or individual that accepts payment for goods and services by Eximbank Card via the Application according to the card payment contract signed with Eximbank.
7. “Garmin Watch”: is a smart watch manufactured by Garmin, which can synchronize information in Garmin Connect Mobile. To pay for goods and services at direct payment service providers, Garmin watches must integrate near-field communication technology (NFC).
8. “Garmin Connect Mobile”: is an application installed on mobile phones, developed and provided by Garmin, supporting Cardholders to add Eximbank Cards to Garmin Wallet.
9. “Garmin Pay”: is a payment method exclusively for Garmin watch users.
10. “Garmin Account”: is an account created by users on Garmin Connect Mobile for the purpose of using services/features provided by Garmin and storing user information on the application.
11. "Eximbank EDigi Password": is the password to log in to the Cardholder's Eximbank EDigi account when registering to use the Eximbank EDigi application, including but not limited to Eximbank EDigi password, face, fingerprint, digits.
12. "One-time password" or "OTP": is a password that is valid for one use and is valid for a certain period of time, used as a second factor to authenticate the user and is provided by Eximbank to the Cardholder by methods appropriate to each transaction and service that the Cardholder performs (such as SMS messages sent to the phone number that the Cardholder has registered with Eximbank, Smart OTP of Eximbank EDigi,...). The Cardholder agrees that the use of OTP authentication measures has the same value as the Cardholder's handwritten signature on the original document.
13. "Personal Password": is the password set by the Cardholder to log in/use the Mobile Device, Garmin Connect Mobile application or Eximbank EDigi application, including but not limited to Eximbank EDigi password, face, fingerprint, digits...
14. “Other cardholder verification code”: is the code or any method other than the password used to verify the cardholder's identity to protect the account and authenticate transactions.
15. “Card Usage Limit”: is the payment limit, transfer limit, cash withdrawal limit and other transaction limits in the use of the Card.
16. “Personal data protection policy” is a document issued by Eximbank/Garmin for the purpose of publicly regulating the collection, use, security, provision and processing of personal data at Eximbank/Garmin.
Article 2. Terms of use of Garmin Wallet.
1. To use Garmin Connect Mobile on a mobile phone, the user must create a Garmin account. The creation and use of a Garmin Account is carried out according to the agreement between Garmin and the user in each period.
2. Each Garmin Account is allowed to connect 1 mobile phone to 1 or more Garmin watches.
3. To use the Garmin Wallet payment method, the Cardholder must add a Card to the Garmin Wallet by entering the card information directly into the Garmin Wallet in Garmin Connect Mobile on the mobile phone, and at the same time connecting Garmin Connect Mobile to the Garmin watch.
4. Eximbank has the right to decide the types of Cards allowed to be registered and used on the Garmin Wallet and will update and supplement them from time to time. The Cardholder has the right to choose any of the Cardholder's eligible Eximbank Cards to add to the Garmin Wallet.
5. When the Cardholder adds a Card to the Garmin Wallet, Eximbank has the right to evaluate and use appropriate authentication measures using the information the Cardholder has previously registered with Eximbank.
6. In case of necessity, when the Cardholder adds the Card to the Garmin Wallet, Eximbank and/or Garmin are entitled to apply additional authentication measures to ensure accuracy, safety, security and limit risks. Eximbank and/or Garmin have full discretion in implementing authentication measures and accepting/refusing to allow the Cardholder to add the Card to the Garmin Wallet.
7. The Cardholder agrees that in case of reissuance, replacement or renewal of the Card, Garmin and/or Eximbank are entitled to update the new Card information at the Garmin Wallet that has linked/registered the old Card information before the time Eximbank reissues, replaces or renews the Card.
8. By implementing the Cardholder authentication measures as prescribed by Garmin and/or Eximbank from time to time, the Cardholder acknowledges that the addition of the Card to the Garmin Wallet is made by the Cardholder himself/herself or by a person authorized/permitted by the Cardholder and the Cardholder is responsible for all transactions made via the Garmin Wallet payment method by the Cardholder or by a person authorized/permitted by the Cardholder. In addition, these Terms and Conditions apply by default to persons authorized/permitted by the Cardholder.
Article 3. Management of Cards, mobile devices, Garmin Wallet and Garmin watches
1. At any time, the Cardholder must keep the mobile phone and Garmin watch secure and not disclose information related to the Card/Cardholder/mobile phone/Garmin Wallet/Garmin watch (including but not limited to Personal Password, Cardholder confirmation codes, OTP, other transaction authentication methods).
2. In case of loss of mobile phone/Garmin watch, loss/disclosure of information/suspected disclosure of information or in case the mobile phone/Garmin watch/information is used by someone other than the Cardholder, the Cardholder must immediately take measures according to Garmin's regulations/instructions. At the same time, the Cardholder must immediately notify Eximbank to block the Card in accordance with the provisions of Eximbank's Terms and Conditions for Card issuance and use. The Cardholder is responsible in case of failure/delay in implementation or incorrect/incomplete implementation of measures according to Garmin and/or Eximbank's regulations/instructions.
3. The authentication method on Garmin Wallet and/or Garmin watch is implemented in accordance with Garmin's regulations and using the technology available on the Cardholder's mobile phone/Garmin watch. Therefore, the Cardholder acknowledges that Eximbank has no control over the technology, availability, usability, features, authentication methods, security and synchronization of the Cardholder's mobile phone and Garmin watch. The Cardholder is responsible for transactions made via Garmin Wallet payment and authenticated by Personal Password or other authentication methods prescribed by Garmin and/or chosen by the Cardholder.
4. The Cardholder shall be responsible for direct or indirect damages arising from or related to:
a. The Cardholder's authorization/permission for others to use the Card/mobile phone/Garmin Wallet/Garmin watch or access information related to the Card/Cardholder/mobile phone/Garmin Wallet/Garmin watch including but not limited to Personal Password, other Cardholder confirmation codes, OTP, other transaction authentication methods.
b. The Cardholder loses the mobile phone/Garmin watch, loses or discloses information related to the Card/Cardholder/mobile phone/Garmin Wallet/Garmin watch.
c. Errors from Garmin, and/or other parties involved in the process of registering to use the Card on Garmin Wallet.
d. The Cardholder fails to promptly notify Eximbank of any changes in information compared to the information registered with Eximbank.
e. The Cardholder's mobile phone/Garmin Connect Mobile/Garmin watch is defective or damaged.
f. Interruptions, delays, delays, unavailability or any incidents occurring during the process of registering and using the Card on Garmin Wallet due to causes beyond Eximbank's control.
g. Any force majeure event beyond Eximbank's control.
Article 4. Card Usage Limits and Fees
1. Unless Garmin otherwise stipulates the Card usage limit, the limit will be applied according to the limit registered by the Cardholder and/or as notified by Eximbank from time to time.
2. In case Garmin charges a fee when the Cardholder registers and uses the Card on Garmin Wallet, the fee collection shall be implemented in accordance with the provisions of the Terms and Conditions for card issuance and use or the Eximbank Card Issuance and Use Agreement respectively in each period.
3. The Cardholder is responsible for any arising costs including but not limited to the cost of downloading/using the Application as prescribed by Garmin, or related to the services provided by a third party to support the use of the Garmin Wallet Application (including but not limited to network usage fees). The Cardholder agrees that Eximbank is not responsible for resolving issues arising from the costs specified in this Clause.
Article 5. Information provision
1. The Cardholder agrees that Eximbank is entitled to send notices to the Mobile Device used to make transactions, via email, Eximbank EDigi,... registered by the Cardholder with Eximbank. Any notice sent by Eximbank may be deemed to have been received by the Cardholder (i) at the time of delivery if delivered in person, or delivered to the registered address, or (ii) on the third day after the date of sending if sent by post or (iii) at the time of sending if sent by email, notification on Eximbank EDigi or any of Eximbank's electronic banking applications or telex, or (iv) at the time of posting, announcement (or the time specified by Eximbank in such notice) if posted at Eximbank's headquarters or at Eximbank's transaction locations, or announced on Eximbank's official website.
2. The registration and use of the Card on Garmin Wallet will require the provision of certain information to the parties involved in the transaction. Therefore, the Cardholder acknowledges that such information is provided by the Cardholder or a person authorized/permitted by the Cardholder, and that the use and disclosure of such information is governed by the privacy policies of the parties involved in the transaction.
3. The Cardholder or a person authorized/permitted by the Cardholder confirms that: (i) the Cardholder has been provided with the Personal Data Protection Policy of the parties by Eximbank and Garmin; the Cardholder has read and clearly understood the Personal Data Protection Policy and his/her rights and obligations regarding the data provided to Eximbank and Garmin; (ii) Commits to fully comply with the provisions of the Personal Data Protection Policy and the provisions of law; (iii) Agrees to all terms and conditions on personal data protection of Eximbank and any amendments from time to time; (iii) Agree to allow Eximbank and Garmin to process the personal data provided by the Cardholder for the purpose of making payment transactions on Garmin Wallet on the basis of compliance with the "Personal Data Protection Policy" of Eximbank and Garmin from time to time.
Article 6. Suspension/Termination of Use
1. Eximbank may, at any time, terminate, amend, supplement, cancel, replace, or adjust any provisions of these Terms and Conditions provided that Eximbank notifies by one of the methods selected by Eximbank 7 days before the effective date of the new Terms and Conditions.
2. The Cardholder agrees that, in the event that Eximbank detects that a fraudulent/forged transaction has been made, or the Garmin Wallet Application or the Card is used for an unauthorized purpose, or in the event that it is requested by a competent State agency in Vietnam or as required by law, Eximbank, without prior notice to the Cardholder, may (i) terminate the use of any Eximbank Card of the Cardholder that has been added to the Garmin Wallet Application; (ii) modify or suspend the currency or transaction amount allowed to use the Eximbank Card related to the Garmin Wallet Application payment method, (iii) change the implementation process for adding a Card to the Garmin Wallet Application, (iv) suspend or terminate the use of the Card on the Garmin Wallet Application.
3. Eximbank reserves the right to terminate its cooperation with Garmin at any time and reserves the right to specify the maximum number of Eximbank Cards that can be added to the Garmin Wallet Application by sending a notice to the Cardholder in accordance with Article 5 above. Eximbank's termination of its cooperation with Garmin means that Eximbank terminates the application of these Terms and Conditions.
4. The Cardholder cannot change these Terms and Conditions, but the Cardholder can terminate the use of the Card on Garmin Wallet at any time by deleting all Eximbank Cards from the Garmin Wallet Application. Deleting the Eximbank Card from the Garmin Wallet Application does not relieve the Cardholder of responsibility for transactions that have been made by the Cardholder on the Garmin Wallet Application before the time the Cardholder terminates the use of the Card on the Garmin Wallet Application.
Article 7. Governing Law and Dispute Resolution Agency
These Terms and Conditions are governed by Vietnamese law. Disputes that cannot be resolved through negotiation will be resolved at a competent Court.
Article 8. Other provisions
1. Eximbank has the right to amend and supplement these Terms and Conditions. Amendments and supplements will be binding if the Cardholder continues to use the service after the amendments and supplements take effect. Such amendments and supplements will only be effective when Eximbank notifies the Cardholder at least 07 days before they take effect.
2. In case the Cardholder does not agree with these Terms and Conditions and the amended and supplemented Terms and Conditions, the Cardholder may terminate the use of the Garmin Wallet Application by deleting all Cards from the Garmin Wallet Application within 7 days from the date Eximbank sends the notice. In case the Cardholder continues to use the Card on the Garmin Wallet Application after the effective date of the amendment, it is considered that the Cardholder has agreed to the amended Terms and Conditions and this will be the final evidence that the Cardholder has accepted to be bound by these amendments.
3. Eximbank allows the Cardholder to use the Card using the Garmin Wallet Application, which means Eximbank accepts the Cardholder to use the Card using the Garmin Wallet Application to make transactions to purchase goods and services.
4. In addition to these Terms and Conditions, the Cardholder and the person authorized/permitted by the Cardholder must comply with the Terms and Conditions and the Minutes of Agreement for issuance and use of the Card of Eximbank from time to time.