Terms and Conditions for Enabling Blink Cards on Apple Pay

These terms and conditions ("Terms") govern the use of Cards issued by Capital bank of Jordan owner of the trademark Blink ( “Blink “and/or ”Bank”) with the Digital Wallet ("Wallet") enabled on compatible Devices of the Customer from time to time.

These Terms form a binding legal contract between the Customer and Blink and shall apply to the Customer and/ or anyone else the Customer authorizes to use the Cards with the Wallet. The Customer is required to review these Terms carefully before adding or using any Card with the Wallet as the Customer agrees to be bound by the Terms. These Terms are to be read in conjunction with the Blink Mobile Terms and Conditions, Terms and Conditions for Blink Account Services, Blink Apple Pay Terms and Conditions and Credit Card Terms & Conditions. In the event of any conflict or inconsistency between these Terms and any other terms in connection with the use of the Digital Wallet, these Terms shall prevail.

1. Definitions

a. Card: Blink credit or debit card issued by Blink to the Customer which is not expired, blocked, or canceled.
b. Customer: Account holder related to the Card issued by Blink.
c. Device includes but is not limited to a smartphone, tablet or smart watch or any other device which is compatible for use of the Wallet solution which Blink determines being eligible for the registration of Blink Cards to be used in the Wallet.
d. Wallet: the mobile payment and digital wallet service created by third party wallet providers which enable the users to make payments using certain Devices and Cards registered on such Devices.
e. Passcode: the secret code, which is required to unlock a Device, including a password, passcode, pattern, or biometric identifier (as applicable).

2. General Terms

a. Customer is solely responsible for maintaining the security of the Device and the confidentiality of the Device lock, PIN, Passcode, and all other means to access the Wallet, Card credentials, and any other personal or payment information related to the Device. Upon sharing the Device and/or means of access to the Device with any person, such person may be able to use the Cards and access the personal and payment information available in the Wallet and the Device. Customer is required to keep the Device and the credentials secure in the same manner as he /she would keep secure cash, cheques, debit or credit cards, and other personal identification numbers and passwords.
b. The Terms and conditions of digital banking services and Blink Credit card terms and conditions that governs Customer's Card do not change when the Customer add his/her Card to the Wallet. The Wallet simply provides another way to make purchases with the Card. Any applicable interest, fees, and charges to the Card will also apply when Customer use the Wallet to access his/her Card. The Wallet provider and other third parties such as wireless companies or data service providers may levy charges as specified by them and the Customer shall be solely responsible and liable for that without any liability for Blink.

3. Adding and removing a Blink Card

The Customer can add his/her Blink Cards to the Wallet by following the instructions of the Wallet provider. Only Blink Cards that Blink indicates are eligible can be added to the Wallet. If the Card or underlying account is not in good standing, that Card will not be eligible to be enrolled in the Wallet. When Customer adds a Card to the Wallet, the Wallet allows him/her to use the Card to make transactions where the Wallet is accepted. It is important to understand that the Wallet may not be accepted at all places where the Card is accepted.

The Customer shall contact the Wallet provider to know how to remove his/her Card from the Wallet. Capital bank can also block a Card in the Wallet at any time upon the Customer's request.

4. Privacy and Security

a. Blink shall not be liable for any losses which the Customer suffer or incur by using the Wallet unless it is directly caused by Blink gross negligence and/or willful misconduct.
b. In the event of fraud, loss or theft of the Device, the Customer shall immediately report the same to Blink, in addition to other parties such as the telecom provider. Based on such reporting, Blink will arrange to block all Wallet transactions for all Cards. However, the Customer may continue to use the physical plastic Card for all his/her enrolled cards. The Customer shall indemnify Blink against any claims, costs, charges, or losses made in respect of any transactions effected using the Customer Device prior to the Customer notifying the Bank of the fraud, loss or theft or requesting the Bank to block the card.
c. Blink reserves the right, at its sole discretion and determination, to refuse to permit any transaction if Blink suspects that there is a breach of the Terms, or that a fraudulent or an illegal activity is taking place.
d. When adding a Card to the Wallet, Blink will collect certain information from the Customer to verify his/her identity, to enable the Customer to use the Card and facilitate the subscription to the wallet..
e. Blink may also request certain account information relating to each Card selected by the Customer to use with the Wallet, including the most recent transaction data, but not the full Card account number. The Customer hereby agrees that Blink may also periodically collect and use technical data and related information, including, but not limited to, technical information about the Customer's Device to facilitate updates of the services. Blink may use this information to improve its products or to provide services or technologies to its customers as long as it is in a form that does not personally identify a customer in person.
f. The Customer may receive push notifications from the Wallet reflecting the Card account activity. If the Customer does not wish to receive push notifications, he/she may turn off within the Device notifications or the Wallet app settings.
g. In the event of fraud, loss or theft of the device, the customer must cooperate with the bank in any and all information and documents that the bank may request from it for investigations and work to use any procedures related to anti-fraud or other as provided by the bank.
h. The Customer shall be solely and fully responsible for protecting his/her cards, wallet transactions and any other information on his/her device in case he/she loses or sells the device to any other person.
i. In case of breach of confidentiality of the Device or Passcode, the Customer shall be fully and solely responsible for and bear all charges, costs, losses, and damages whatsoever and howsoever arising from such breach. In the event the Customer discloses the Passcode intentionally or unintentionally, he/she shall indemnify Blink against any unauthorized payment, charges, costs or losses and any transaction effected due to such breach.
j. The Customer shall immediately notify Blink if the Passcode is breached or is disclosed to another person or entity. The Customer shall request from Blink to block the Card due to such disclosure or breach and shall indemnify Blink for any loss, damage, charge, or expense incurred by the Bank due to such breach.
k. If the Customer has any questions or complaints about the Wallet, the Customer shall contact the Wallet provider using the information given to the Customer by the service provider. If such question, dispute, or complaint is about the Card, then call Blink immediately using the number on the back of the Card.

5. Modification of Terms

Blink shall have the right, at its sole discretion, to terminate or amend, modify these Terms and/or add or delete any of these Terms, at any time.

The Customer cannot change these Terms, but the Customer may at any time remove some or all Cards from the Wallet.

The Customer hereby declares that he/she has read, understood, and accepted these Terms. The Customer hereby declares that he/she understands and accepts that it is his / her responsibility to refer to the updated Terms on Blink website and that he/she will not have the right to make any claim against Blink due to lack of his / her notification or consent to the changes made to these Terms.

6. Liability of Blink

It is hereby understood and agreed that Blink is not the provider of the Wallet; hence, Blink is not responsible for providing the Wallet service to its Customers. Blink’s only responsibility is to supply information securely to the Wallet provider to allow usage of the Card in the Wallet. Blink is not responsible for any failure of the Wallet or the inability to use the Wallet for any transaction. Blink is not responsible for the performance or non-performance of the Wallet provider or any other third parties regarding any agreement entered by the Customer with the Wallet provider or associated third-party relationships that may impact Customer's use of the Wallet.

7. Communication and Notices

The Customer hereby agrees that he/she will receive electronic communications and disclosures from Blink in connection with the Card and the Wallet. The Customer hereby agrees that Blink may contact him/her by email or SMS at any email address or mobile number provided to Blink registered on his/her account. Furthermore, to serve the Customers, Blink may -on behalf of the Customer- contact the service provider in regards to the Customer’s account and wallet . The Customer agrees to update his/her contact information when they change.

8. Licensing

A virtual representation of the Card is licensed, to the Customer for use only under the Terms. Blink reserves all rights not expressly granted to the Customer.

The Customer is granted a non-exclusive, non-sub licensable, non-transferable, personal, limited license to install and use tokens and other credentials associated with the Card to make payments with the Device solely in accordance with the Terms. The license is limited to use on any Device that the Customer owns or controls in accordance with any applicable third-party agreements.

The Customer shall not lease, lend, sell, re-distribute or sub-license any right to use any Card credentials in the Card or the Wallet.

The Customer hereby agrees that the virtual representation of the Card in the Wallet or its credentials may be automatically updated or upgraded without notice.

9. Relation with third parties

These Terms are only between Blink and the Customer. Third party services including the wireless carrier and other, applications or websites incorporated in the Wallet may have their own third-party agreements. The Customer may become subject to these third-party agreements when he/she provides such third parties with personal information to use their services, visit their applications or websites, or as otherwise governed by the applicable circumstances. Blink shall not be responsible for the security, accuracy, legality, appropriateness or any other aspect of the content or function of products or services from any third party.

The Customer shall be responsible for reading and understanding any third-party agreements before adding or using the Card through the Wallet.

Blink shall not be responsible for and does not provide any assistance or support whatsoever for any third-party hardware, software or other products or services. If there are any issues or questions with a third-party product or service, including, without limitation, any issues relating to the function or operation of the Device, the Customer shall contact the third party in accordance with the third party's procedures for customer service and support

10. Governing Law and Jurisdiction

These Terms of Use are governed and construed according to the laws of the Hashemite Kingdom of Jordan. The Courts of Central Amman (Palace of Justice) shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with These Terms of Use. Notwithstanding the foregoing, Blink may submit to any other court or jurisdiction at its sole discretion and determination.

These Terms are made in Arabic and English. In case of any inconsistency or contradiction, the Arabic text shall prevail.

Apple Pay is a trademark of the service provider “Apple Inc.”, registered in the U.S. and other countries.