The following terms and conditions apply where you add, use or remove a Latitude Card in Fitbit Pay on your eligible Fitbit Device.
These terms and conditions are in addition to the terms and conditions (also known as the ‘Conditions of Use’) that apply to your Latitude Card and account. The terms and conditions for your Latitude Card which relate to EFT transactions also extend to the use of Fitbit Pay in relation to your card.
If there is any inconsistency between the Conditions of Use applying to your Latitude Card and these terms and conditions, these terms and conditions will apply to the extent of that inconsistency.
You can add your Latitude Card to Fitbit Pay only on your eligible Fitbit Device, so long as your Latitude Card or account is not cancelled, blocked, suspended or in default. You can remove your Latitude Card from Fitbit Pay at any time.
We will verify your identity when you add your Latitude Card to Fitbit Pay.
You can find instructions on how to add or remove a Latitude Card at www.gemfinance.co.nz
If we re-issue your Latitude Card due to misuse, loss or theft or a breach of the card’s PIN or password we will keep you moving by securely replacing your lost or stolen credit card directly in Fitbit on your Fitbit Device.
You can use Fitbit Pay to authorise transactions on your account by using the Fitbit Device instead of a Latitude Card at a contactless payment terminal.
You may be required to manually enter the Latitude Card PIN for transactions in certain cases (e.g. where a transaction is over $80).
You must inform us immediately if your Fitbit Device or its security PIN has been misused, lost or stolen by calling the Customer Solutions number on the back of your Latitude Card or on the Latitude website.
You should also log in using the Fitbit App and lock or delete all cards from Fitbit Pay. If a Latitude Card has been deleted from Fitbit Pay you will still be able to use the physical Latitude Card associated with your account, unless it is also blocked or cancelled.
You must give us all the information that you have or can reasonably obtain regarding the unauthorised use, loss or theft.
If you suspect an unauthorised transaction in respect of an additional cardholder, you must suspend or close the Latitude Card of the additional cardholder by calling the Customer Solutions number on the back of your Latitude Card or on the Latitude website.
You must keep the Fitbit Device and its security PIN secure, including by:
You may become liable for all or any unauthorised transactions if you do not keep your Fitbit Device and its security PIN secure in the manner described above.
Except as set out in these terms and conditions, your liability for unauthorised transactions using your Latitude Card with Fitbit Pay will be determined in accordance with the Conditions of Use relating to your liability for EFT transactions applying to your account.
In the Conditions of Use references to “cards” are to be read as references to a Fitbit Device and references to “PIN” or “password” are to be read as references to the Fitbit security PIN, with all necessary modification, and noting that if a third party’s fingerprint or biometric identifier is registered on your paired smart device (e.g. your paired smart phone), you may be liable for these transactions.
We do not charge you any additional fees for adding, removing or using a Latitude Card on Fitbit Pay. You are responsible for all third party charges associated with the use of Fitbit Pay such as charges from your telecommunications provider for SMS, mobile data charges etc.
Latitude may block, suspend or de-activate your Latitude Card in Fitbit Pay at any time. Reasons for such action may include:
Further to Latitude’s privacy notices above, Latitude may collect, hold and disclose personal information and data relating to your use of Fitbit Pay and your Fitbit Device to Fitbit and other third parties:
If you do not want us to collect, hold or disclose your personal information or data as described above, you should not add your Latitude Card to Fitbit Pay. If you do not wish to receive direct marketing, please contact Customer Solutions number on the back of your Latitude Card or on the Latitude website.
Fitbit Pay is made available by Fitbit and is only available on compatible Fitbit devices. You must accept Fitbit’s terms and conditions in order to use Fitbit Pay.
Latitude is not responsible or liable for the use, functionality or availability of Fitbit Pay, any Fitbit device, the availability of contactless payment terminals at merchants, or any reduction in service level caused by third party telecommunications and network providers.
Latitude is not liable for any loss arising from your use of Fitbit Pay to the extent the loss was caused by your fraud or the breach of these terms and conditions or your misuse of Fitbit Pay or your Fitbit device.
Subject to the notice requirements set out below, we may change these terms at any time.
We will give you 20 days advance written notice of any changes we make that:
We will give you advance notice of other changes by writing (including by email) to you or by any other manner which is likely to come to the attention of as many account holders as possible (this may include by notice on or with your statement of account or by press advertisement).
We do not have to give you advance notice where an immediate change to these terms is necessary to restore or maintain the security of our systems or the accounts.
Latitude can change these terms and conditions by giving you notice by the communication methods described below in clause 11.
The current terms will always be available for you to view at www.gemfinance.co.nz.
By agreeing to these terms and conditions and by continuing to use your Latitude Card on Fitbit Pay, you consent to receiving any notice or any other document we are required to give you by any of the following methods:
Unless otherwise defined below, defined terms in these terms and conditions have the same meaning as in the Conditions of Use. In these terms and conditions:
Fitbit and Fitbit Pay are trademarks of Fitbit Inc.