“General terms and conditions” means the contract that bonsai has with you, its user. Because, when you use our App, bonsai provides services to you and collects data from you. To do so in a transparent way, we explain the rules that apply to us and to you when using the App.
The most important point here is that when you download and use the App, you agree to the rules as explained hereafter. You expressly agree that the contractual language is English and that all information will be in English (including these Terms and Conditions, the Application and all information available in the Application). And, by using the App, you agree that all communications and documents are sent by email or in another electronic way (e.g. available in the Application or on the website). If you do not agree with these terms, you cannot and should not use our App.
What is also important is that we use “Data”, meaning all personal details about you that are visible in the App and all personal details you have provided to us and all personal information we link to this data. Please read our Privacy Policy to know which data we save, process, and what we do with it.
These “General terms and conditions” are also accessible via our App.
Bonsai is a payment institution. Bonsai is not a bank. Bonsai does not not hold your money on an account, but it is supervised by the National Bank of Belgium because it can initiate payments for you, access your bank accounts and provide you information about those accounts.
The Belgian Law of 11 March 2018 on the legal status and supervision of payment institutions and electronic money institutions is governing our activities. And, according to European regulations, we can offer our services also in other countries of the European Union (“EU”). For the time being, we are only operating in Belgium, but we will list additional countries on our website when we extend our activities.
Bonsai NV is a Belgian private company with its registered office in Belgium, in 9050 Gent, Jules Destréelaan 63B. The company’s VAT number (and at the same time its number in the Crossroads Bank of Enterprises – KBO/CBE) is BE0 663.774.859. Our website is bonsai-the payment app that plants trees - pay back the planet (paybonsai.com)
The address of the supervisory authority is the National Bank of Belgium, Boulevard de Berlaimont 3, 1000 Brussels, Belgium.
Occasionally, bonsai sends messages through its App’s internal communication tool. This could be a notification in the App or a push message to your smartphone. These could be all kinds of notifications such as promotional campaigns or extra cashback possibilities. If you do not like receiving push messages, you can turn this feature off on your smartphone. We communicate with you in Dutch and English, please use one of those languages for contacting us at Contact bonsai for all your questions, remarks and more.
If you are older than 16 years, bonsai allows you to make and receive payments and to receive information about your bank accounts. All rights and advantages, such as cashback or rewards under a loyalty program, are strictly personal to you, our member. You cannot transfer these in any manner to another person.
The bonsai App can offer these services because you link it to your bank account. European legislation requires you to renew that link every 90 calendar days. Bonsai sends you a warning about renewing on time.
If you share a joint bank account with someone else, you confirm by linking the account that your joint account holder agrees with our services and that she or he accepts bonsai processing data in accordance with these Terms and Conditions and our Privacy Policy.
As part of your registration, you have to add a ‘Payer Account’ (bank account) and give explicit consent to:
Practically speaking, you will be automatically redirected to the banking application of your bank (also called ‘ASPSP’ meaning ‘Account Servicing Payment Service Provider’). You will need to login with your bank credentials and follow the strong customer authentication procedure put in place by your bank. Once that is completed, your SDD mandate is validated and bonsai will have access to the Payer Account. In other words, that SDD mandate makes it possible for your bank (the Payer’s ASPSP) to recognize and execute bonsai instructions as ‘Creditor’, based on the following information:
Of course, you can always revoke the SDD mandate by sending a request to support@paybonsai.com
The access to the Payer Account allows bonsai to provide account information services and/or payment initiation services. Having granted such access, the Payer authorizes bonsai to check the balance from the Payer Account upon execution of a payment with the Application (“Available Amount”) and/or allows bonsai to initiate the payment directly from the Payer Account from the Payer upon execution of a payment with the Application (“Payment Initiation”).
The legal definition goes as follows: “A service for initiating a payment order, by request of the payment service user, to debit a payment account held by the user with another payment service provider in order to credit another bank account”.
To make this simple: you can make payments using our App from your bank account to other bank accounts. When you decide to make a payment, you send an “initiation” through our App and we send that to your bank. The bank completes the payment. That transfer is your responsibility, just like with any other payment method. Bonsai is not responsible for a payment you have done with our App. The same goes for any automatic payment you have set up, until you cancel it. Because you make the payment with money on your bank account, you cannot transfer more money than your bank allows.
You can only use the Application after downloading the Application, accepting these terms and conditions and completing the registration process. By downloading the Application, you obtain a strictly personal, non-exclusive use of the Application, including future updates. It is clearly agreed that no property rights or intellectual property rights are transferred to you. bonsai reserves all rights related to the Application. The trade names, marks and logos are equally property of bonsai and may not be used without prior approval of bonsai.
Downloading the Application is free, but network costs are exclusively for you.
According to the legal definition (under the Law of 11 March 2018), bonsai’s service consists of “acceptance of payment transactions”. This means that bonsai concludes an agreement with you, its member, enabling you to receive money on your bank account as beneficiary for the acceptance and processing of payment transactions. This could be payments by yourself, from another bank account, or by other persons or entities.
The legal definition goes as follows: “An online service to provide consolidated information on one or more payment accounts held by the payment service user with either another payment service provider or with more than one payment service provider.”
To make this simple: we provide to you all the information about your bank account. Because you link your bank account to our App, you can see your bonsai available balance in the App. For this reason, bonsai is never responsible for any damages due to the way you manage your money.
Every time you pay a merchant with your linked account(s), bonsai checks if that payment matches with the cashback program with that merchant. This allows bonsai to you give you back cash strictly on the basis of your payments, without you having to scan a separate loyalty card.
The partners of bonsai are merchants participating in our cashback program. The list of these merchants is available in the App and on our website, which changes from time to time.
Bonsai only pays for transactions executed during the program. Bonsai may receive remuneration, commission, rebate, or other payments or benefits from its merchant partners directly or indirectly in connection with the cashback program.
The App works like a digital loyalty card. Bonsai’s merchant partners offer rewards for payments made by the bonsai members to bonsai’s partners using the App. Bonsai will send transaction details, campaign offers and other promotional messages through SMS and email to its members regarding its loyalty program.
The merchant partners of the loyalty program are responsible and liable for the loyalty program, and any merchandise or service provided by them. This includes but is not limited to quality or fitness of the merchandise supplied or services provided by the merchant partner.
Bonsai reserves the right to terminate the loyalty program, the program’s conditions and its duration.
If you know or suspect that your mobile phone with the App is lost or stolen, or that the PIN or password is known to an unauthorized person, or if you think a transaction has been incorrectly executed you must tell us immediately by calling on +32 478 874 800.
The App allows Members to earn loyalty points, called "Leaves," when they make a purchase at Merchants that are registered in the Rewards program. The purchase can be made through the bonsai payment methods or through a payment method linked to the Member's bank account linked in the App.
Bonsai will award the Member Leaves based on their spending with the Merchant. These Leaves are Merchant-specific and can only be redeemed with the relevant Merchant. As a general rule, the Member will receive 1 Leaf for every euro spent at the participating Merchant. The exact number ofLeaves a Member can earn and the value of the rewards they can redeem will be determined by the Merchant. Leaves are rounded down to the nearest whole number and can be claimed through the App.
Bonsai cannot be held responsible for the availability or restrictions of the rewards offered by the Merchant, or for any loss, damage, malfunction, injury, death, or expense related to the processing or transmission of rewards, or for any failure of rewards to be received. Bonsai is also not responsible for lost or stolen Leaves or rewards.
If it is suspected that Leaves or rewards have been sold, exchanged, or fraudulently acquired, or issued to anyone other than the registered User of the relevant account, those Leaves or rewards will be considered invalid and will not be honored.
In the event that bonsai declares bankruptcy or its activities officially end, the Member agrees that their Leaves may expire in their account.
The App also offers Campaign Rewards, which are offered on the basis of bonsai's contractual agreement with the relevant Partners (for example Festivals). Specific conditions apply to these rewards.
The App allows you to spread expenses among other you or non-Bonsai members. The cost-splitting feature makes it possible to create groups to add friends by either the contact list or via a share link. The App allows specifying expenses to calculate what each person owes based on those expenses. You can add an expense to the group either by adding the expense manually or search the expense in the payment history provided by the App.
The App will calculate the outstanding debt within the group and provides an easy and quick settlement by using the bank app or a Peer-to-Peer transaction. Whenever the outstanding debt is settled by a group member, it can be marked as paid.
Push notifications may be sent by the App or a group member to remind a group member of paying whenever there is outstanding debt.
You agree that you understand that the outstanding debts calculated by this service are not legally binding and represent informal information sharing among the participants in the cost-splitting group, and that this service cannot guarantee the accuracy of information entered by the users participating in the cost-splitting group.
When using this cost-splitting service, you agree that we do not guarantee that this service is error-free, complete, or can be relied upon. This service is provided as-is and on an as-available basis, with no warranty of any kind. You are using this service at your own risk and we disclaim any warranty, implied or otherwise, regarding this service, including warranty of merchantability or fitness for a particular purpose.
The App allows you to gain insights in your spendings. The budget control feature performs analytics on your income and expenses. In order to give you a clear overview of your expenses, expenses will automatically be placed under a pre-defined category which you can change at any time in the app. Futhermore, you get insight in your recurring transactions (such as subscriptions or quarterly insurance payments) and your savings.
When using the budget control feature, you agree that we do not guarantee that this service is error-free, complete, or can be relied upon. This service is provided as-is and on an as-available basis, with no warranty of any kind. You are using this service at your own risk and we disclaim any warranty, implied or otherwise, regarding this service, including warranty of merchantability or fitness for a particular purpose.
To make its services possible, bonsai has to save and process certain personal data. By installing the App, you accept these terms and conditions and you agree that we save and process certain of your data. Please check our Privacy Policy in the App or on our website.
The responsible person for processing (verantwoordelijke voor de verwerking; responsable du traitement) is bonsai NV with registered office at Jules Destréelaan 63B, 9050 Gentbrugge, Belgium.
The purpose of use of the data is to:
For this purpose, you agree that bonsai collects information directly from you and/or publicly available information, which bonsai can share with its service partners to the extent that sharing information is essential to provide their services and with third authorized parties if and to the extent that the sharing is mandatory for bonsai and/or its outsourcing partners. At any time the Member has the right to request an overview, a rectification, a blocking or a deletion of his/her personal data. To exercise this right, you have to send an email to dpo@paybonsai.com.
The App features a store locator which allows you to see a list of merchants in the neighborhood where bonsai is accepted. bonsai only has access to your location to show nearby merchants, at the condition to you have approved the request for access in the Application. The request for access is managed by the system provider of the device (e.g. Google or Apple) and subject to its policy.
The Member has access to an overview of all Activity in the Application up to a period of 5 years. In case you have a large volume of transactions, bonsai preserves the right not to have all the Activity shown into the Application but to make it available upon request at support@paybonsai.com
If you know or suspect that your mobile phone with the App is lost or stolen, or that the PIN or password isknown to an unauthorized person, or if you think a transaction has been incorrectly executed you must tell us immediately by calling +32 472 85 57 03. bonsai will, upon receipt of that notification, block the App. You can notify us 24/7 by calling this number. You shall not bear any financial consequences for unauthorized payments that are initiated after bonsai has received the notification.
Bonsai will never be liable if someone else gains access to our App with your smartphone or even if payments are initiated through our App by a third person. For security reasons, please make sure you always have the latest version of our App on your smartphone and that you are running your smartphone’s most recent operating system.
You are liable for using the App correctly and for taking all precautionary measures to avoid access by other persons to the App and the Services. Therefore, you should:
If you fail to keep your pin code or password safe (including theft of smartphone or tablet) and an unauthorized payment is made, you will bear the related losses up to a maximum of €50. However, if an unauthorized payment results from your gross negligence or intended fraud, you will bear all the related losses without any limitation. Gross negligence is, for example:
Bonsai can deactivate or block your use of the Application in the following circumstances:
A prior notification will be sent to the Member or the Member will be informed immediately afterwards if bonsai has reasonable grounds to consider it more secure not to notify the Payer beforehand. You will not be entitled to any indemnity in case of blocking or deactivating of the Application.
You will obtain reimbursement from bonsai if you notify bonsai without undue delay on becoming aware of any unauthorized or incorrectly executed payment transactions giving rise to a claim, and in any case not later than 3 months after the debit date. In case of such notification of unauthorized or incorrectly executed payment and to the extent that bonsai is liable, it shall without undue delay refund the amount of the non-executed or defective payment.
As you have a limit for payments to be executed (“Payer Limit”), the App will reduce your Payer Limit to the money available on your bank account (“Available Amount”). Each time a payment is settled, the limit will be updated.
If you are older than 18 years, your Payer Limit at registration will be at least €150 depending on your type of account, which is then increased to €250 after additional verifications (“KYC”) have been performed. It can be increased further upon your request and after an internal risk analysis by bonsai, at its sole discretion.
To execute a payment, Payer and Payee open the Application. The Payee enters the exact amount that needs to be paid for the product or service and the Payer approves the payment that is shown on the tablet or smartphone of the Payee. She or he then confirms the payment with PIN or biometric security (“Authorization”). Approval of the payment requires the user to scan the QR code generated by the App or by selecting a contact in bonsai. Those contacts are stored in an encrypted way in the App to improve its speed and are only used to determine if your contact has enabled bonsai for payments between users. Contacts are private and never sold for commercial purposes. Both parties are expressly informed that only the exact amount of the product or service can be paid with the App. It is explicitly forbidden to pay or accept for payment any additional amount (no “Cash Withdrawal”).
Once the PIN or biometric security has been logged, the Payer can no longer revoke the payment and the Payee receives a payment confirmation.
The payment flows between bonsai and the Payer can be managed in two ways:
At the moment of Authorization, the available amount on the Payer Account is verified before payment confirmation in the Application. The Payer Account is usually debited one to two days after the Authorization, without prejudice to bonsai’s right to debit the Payer Account at a later time. All authorized payments appear in the transaction history list. The Payer accepts that this appearance is a pre-notification of the settlement through the SEPA Direct Debit-mandate and that this pre-notification can be up to one day before collection.
In case of insufficient coverage, bonsai is entitled to, but under no obligation, to request up to three additional debit attempts. The Payer has the right to request a refund of a debited amount (or a refusal of a pre-notified collection) and this during a period of 8 weeks by contacting his/her bank.
When this service will be operational, the payment is at the moment of the Authorization initiated directly from the Payer Account and the Payer is redirected automatically to a strong customer authentication procedure between the Payer and his/her bank before the Payer is redirected to the bonsai App with a payment confirmation. These payments will not be collected through a SDD mandate and the provisions regarding the SDD mandate are not applicable.
The payment flow towards the Acceptor is managed by bonsai within 2 bank days. The Payer is responsible for every payment that has been initiated from his device.
The costs related to the Services are available on the website Frequently asked questions about bonsai.
You download and install the Application on your responsibility, meaning that bonsai cannot be held liable for damages to your smartphone or tablet. There are no guarantees regarding the Application in relation to its accessibility, accuracy or functionality. Bonsai will only be liable for damage resulting from shortcomings or technical failures if such failure has been caused by deliberate recklessness or gross negligence on its part.
In any case and without prejudice to any other limitations of liability as stated in these Terms and Conditions, bonsai can never be liable for any indirect damages or loss suffered by you or third parties.
By registration and downloading the Application, you enter into a contractual relationship with bonsai for an unlimited period of time. Of course, you can terminate the agreement at any time by deleting the Application from your smartphone or tablet. All payments that have been made prior to the deletion, will still be settled. Bonsai can terminate the agreement by giving 2 months' notice via email.
Bonsai owns the intellectual property rights to its trade name, the App and everything that goes with it. This means that you may only use our App for the services described in this document. By using the App, you donot receive property rights to our App, username, logo or any other things connected to our App. You may not market, sell, copy or counterfeit the App or any part of it.
Do you have a complaint? Please let us know by sending us a message with an explanation of your complaint through the App. We will reply as soon as possible. Your complaints with regards to bonsai services can be send to support@paybonsai.com.
Bonsai reserves its right to modify the Terms and Conditions. Upon modification, a notification will be sent to you, by email. All modifications will enter into force two months after that notification was sent. If you refuse to accept the modifications you can terminate the contract you and bonsai by deleting the Application within that two months period. Further use of the Application after the two months’ notification entails an acceptance of the modifications.
The use of the App is governed by Belgian law. If you disagree with these terms and conditions in case of a conflict, we will try and solve it amicably by sitting down together and talking it out. If we cannot find a solution then the court of the judicial district of Ghent will have the sole competence to resolve this conflict.
The regulations regulate the contractual relationship between the cardholder and/or account holder and bonsai regarding the use of the digital bonsai card in Google Pay and establishes the conditions for the exchange of information and orders through this method of mobile payment. The registration of the card in Google Pay constitutes explicit acceptance of these regulations.
These regulations supplement the Terms & Conditions of the bonsai app.
During the contractual term, the card holder and/or account holder has the right to request the terms of this framework on paper or another durable medium. The cardholder commits to inform the account holder about the registration of his card in Google Pay and the applicable conditions including these regulations.
The agreement regarding the use of a card in Google Pay.
The service offered by google, a digital wallet that allows the card holder to store a digital version of their card on their Device, and allows contactless payments, “in-app” purchases and/or other electronic payments.
The digital version of the card.
The Google Pay terms and conditions that govern the contractual relationship between Google and the card holder.
Google Inc., located at 1600 Amphitheatre Parkway, Mountain View, California 94043, USA.
(i) The Device Unlock Code (Device PIN, Pattern, Fingerprint, FaceID), (ii) The Device
The cardholder’s mobile device with which he can access Google Pay and which meets the system requirements defined by Google. The cardholder may be required to upgrade their Device’s operating system if the system requirements supported by Google Pay change.
A personal and confidential code required to unlock the Device, e.g. a numerical code, a pattern, a fingerprint or a faceID. This is a personalized security feature. The cardholder signs certain transactions with this Unlock Code.
Google Pay is a payment app provider by Google. This app allows to create and save a digital version of a card in the app on the cardholder’s Device. The contractual relationship between Google and the cardholder and/or account holder is governed by the Google Pay Terms. Access, usage, and maintenance of the Digital Card are dependent on Google Pay and the cardholder’s service provider who provides internet. Bonsai cannot be held responsible for technical errors, malfunctions or defects of the services provided by third parties such as Google or the service provider. Bonsai can also not be held liable if Google makes changes to Google Pay or discontinues Google Pay.
To registrate a Digital Card and to use Google Pay, the cardholder must download Google Pay and register. The cardholder has to accept the Google Pay Terms. The contractual relationship is established between Google and the card holder. Bonsai is not involved therein. The cardholder needs to check with Google which requirements his device must meet to download and use the Google Pay app.
When the cardholder registers his card and uses his Digital Card, he agrees to receive messages regarding the use of his Digital Card. These messages can be sent via tekst, email, or the Google Pay messaging feature.
The cardholder can make payment transaction with his Digital Card, in accordance with the Google and bonsai terms and conditions. De cardholder agrees to execute the transaction by holding The Device against the payment terminal of the merchant. For payment amounts less than 50 euros, the card holder must wake The Device from sleep mode. For higher amounts or after three consecutive payments without unlocking The Device the cardholder must unlock The Device using the Device Unlock Code. By using Google Pay at a payment terminal or website, the cardholder agrees to all transactions that are made via Google Pay. The account holder irrevocably authorizes bonsai to debit his account for the total amount of the payment transactions carried out with the Digital Card via Google Pay. The cardholder and/or account holder acknowledge the legality of transaction with a Digital Card via Google Pay in the manner stated above. These constitute valid and sufficient proof of his agreement with the existence and the content of this command.
Bonsai reserves the right to refuse the execution of a payment transaction. When bonsai refuses to execute a payment transaction, the cardholder will be notified of this as soon as possible, and if possible, of the reasons for this refusal. This notification will send on paper; by email to the email address provided by the cardholder, by a notification in Google Pay itself or with another electronic medium available and accessible to the cardholder.
The cardholder can view the last ten payment transactions made with Google Pay in Google Pay. This information is made available to Google, among others, bonsai.
The cardholder is obliged to use his means of access in accordance with the terms of the framework agreement. The cardholder must immediately notify bonsai in the event of theft or loss of his means of access to the system and/or his Device, and in the event of falsification, unlawful or unauthorized use or any risk of misuse of his means of access to the system and/or his Device. The cardholder should also file a complaint with the police immediately. In the event of theft or loss of The Device, the cardholder must also have his Device blocked via the Android Service Manager.
The cardholder commits to upgrading Google Pay whenever an upgrade is offered and to always use the most recent version of the application. Bonsai reserves the right to block access to the Digital Card if the card holder does not do so in time. The correctness of the information provided can only be guaranteed if the cardholder has the most recent upgrade of Google Pay. Google Pay as well as the supplier of The Device may take certain measures or procedures to prevent unauthorized use. Bonsai bears no responsibility for those measures. The cardholder commits to apply these security measures and not to disable them.
The means of access are strictly personal and confidential. The cardholder must take all responsible measures to keep his means of access as safe as possible. He must follow the safety tips bonsai and Google provide him in that context, such as:
Bonsai may block access to the Digital Card in Google Pay for objectively justified reasons related to security, the suspicion of unauthorized or fraudulent use of the Digital Card in Google Pay or the access and signature means. In such cases, bonsai informs the cardholder if possible before the blocking or immediately afterwards via a durable medium (paper or electronic) available and accessible to the cardholder. Such disclosure is not required where it would interfere with objectively justified security considerations or is prohibited under applicable law.
Bonsai will unblock the Digital Card as soon as the reasons for the blocking no longer exist.
Bonsai warns the cardholder that, among other things, the following attitudes lead to damage cases for which he can be held liable:
Bonsai cannot be held accountable for:
The Agreement is valid for an indefinite duration. The cardholder can terminate his agreement at any time free of charge. He can do this by removing his Digital Card from Google Pay. Bonsai can terminate the agreement at any time with a notice period of two months. The termination by bonsai must be done on paper or another durable medium. Bonsai has the right to terminate the agreement immediately, without prior notice of default or judicial intervention:
Termination of the card will automatically and at the same time lead to the termination of the Agreement on the part of the cardholder.
The cardholder may terminate the use of their Digital bonsai card in Google Pay at any time free of charge by removing their Digital Card from the Google Pay app, without having to notify bonsai.
When the cardholder registers their card in the Google Pay app and uses Google Pay, bonsai and Google collect and process their personal data. Bonsai and Google each act separately as data controller:
Bonsai processes the personal data, among other things, for the control and correct execution of payment transactions with the Digital Card via Google Pay. Bonsai will process the concrete technical details of the transaction, such as the card number, the amount and the name of the merchant. Bonsai also receives the technical characteristics of the device on which the cardholder uses Google Pay, such as the name of the device, relevant identifiers of the device, the IP address, and the name of the telecom operator. Bonsai shares the transaction data with Google via Google Pay. Google stores the personal data in the United States. As an organization, Google has certified itself for the EU-US Privacy Shield. Google will use that information to detect and combat fraud, analyze and improve the use of Google Pay, compile reports on Google Pay activities and promote Google Pay. Google may provide reports to third parties about the number of Google Pay users. Google may also transfer the personal data to third parties if required by law, or where third parties process the information on behalf of Google. The cardholder can find more specific information about the processing of personal data by Google in the Google Pay Terms. The cardholder can find more general information about the processing and exchange of personal data by bonsai and about his rights in the Privacy Policy of bonsai.
Google Pay is developed and owned by Google.
The regulations regulate the contractual relationship between the cardholder and/or account holder and bonsai regarding the use of the digital bonsai card in Apple Pay and establishes the conditions for the exchange of information and orders through this method of mobile payment. The registration of the card in Apple Pay constitutes explicit acceptance of these regulations.
These regulations supplement the Terms & Conditions of the bonsai app.
During the contractual term, the card holder and/or account holder has the right to request the terms of this framework on paper or another durable medium. The cardholder commits to inform the account holder about the registration of his card in Apple Pay and the applicable conditions including these regulations.
The agreement regarding the use of a card in Apple Pay.
The service offered by Apple, a digital wallet that allows the card holder to store a digital version of their card on their Device, and allows contactless payments, “in-app” purchases and/or other electronic payments.
The digital version of the card.
The Apple Pay terms and conditions that govern the contractual relationship between Apple and the card holder.
Apple Inc., located at One Infinite Loop Cupertino, CA 95014, United States.
(i) The Device Unlock Code (Device passcode, Touch ID, Face ID), (ii) The Device
The cardholder’s mobile device with which he can access Apple Pay and which meets the system requirements defined by Apple. The cardholder may be required to upgrade their Device’s operating system if the system requirements supported by Apple Pay change.
A personal and confidential code required to unlock the Device, e.g. a numerical code, Touch ID or Face ID. This is a personalized security feature. The cardholder signs certain transactions with this Unlock Code.
Apple Pay is a payment solution provided by Apple. The Wallet app allows to create and save a digital version of a card in the app on the cardholder’s Device. The contractual relationship between Apple and the cardholder and/or account holder is governed by the Apple Pay Terms. Access, usage, and maintenance of the Digital Card are dependent on Apple Pay and the cardholder’s service provider who provides internet. Bonsai cannot be held responsible for technical errors, malfunctions or defects of the services provided by third parties such as Apple or the service provider. Bonsai can also not be held liable if Apple makes changes to Apple Pay ordiscontinues Apple Pay.
To registrate a Digital Card and to use Apple Pay, the cardholder must add his card to the Apple Wallet via the bonsai app. The cardholder has to accept the Apple Pay Terms. The contractual relationship is established between Apple and the card holder. Bonsai is not involved therein.
When the cardholder registers his card and uses his Digital Card, he agrees to receive messages regarding the use of his Digital Card. These messages can be sent via push notification or email.
The cardholder can make payment transaction with his Digital Card, in accordance with the Apple and bonsai terms and conditions. The cardholder agrees to execute the transaction by activating Apple Pay, authenticate through the chosen Unlock code, then holding The Device against the payment terminal of the merchant or on the Internet, and then authenticate with the unlock code on the device.
By using Apple Pay at a payment terminal or website, the cardholder agrees to all transactions that are made via Apple Pay. The account holder irrevocably authorizes bonsai to debit his account for the total amount of the payment transactions carried out with the Digital Card via Apple Pay. The cardholder and/or account holder acknowledge the legality of transaction with a Digital Card via Apple Pay in the manner stated above. These constitute valid and sufficient proof of his agreement with the existence and the content of this command.
Bonsai reserves the right to refuse the execution of a payment transaction. When bonsai refuses to execute a payment transaction, the cardholder will be notified of this as soon as possible, and if possible, of the reasons for this refusal. This notification will send on push notification; by email to the email address provided by the cardholder, by a notification in Apple Pay itself or with another electronic medium available and accessible to the cardholder.
The cardholder can view the last ten payment transactions made with Apple Pay through the Wallet app. This information is made available to Apple by, among others, bonsai.
The cardholder is obliged to use his means of access in accordance with the terms of the framework agreement. The cardholder must immediately notify bonsai in the event of theft or loss of his means of access to the system and/or his Device, and in the event of falsification, unlawful or unauthorized use or any risk of misuse of his means of access to the system and/or his Device. The cardholder should also file a complaint with the police immediately. In the event of theft or loss of The Device that has the “Find My” feature enabled, the cardholder must also have his Device blocked via the “Find My” app.
The means of access are strictly personal and confidential. The cardholder must take all responsible measures to keep his means of access as safe as possible. He must follow the safety tips bonsai and Apple provide him in that context, such as:
Bonsai may block access to the Digital Card in Apple Pay for objectively justified reasons related to security, the suspicion of unauthorized or fraudulent use of the Digital Card in Apple Pay or the access and signature means. In such cases, bonsai informs the cardholder if possible before the blocking or immediately afterwards via a durable electronic medium available and accessible to the cardholder. Such disclosure is not required where it would interfere with objectively justified security considerations or is prohibited under applicable law.
Bonsai will unblock the Digital Card as soon as the reasons for the blocking no longer exist.
Bonsai warns the cardholder that, among other things, the following attitudes lead to damage cases for which he can be held liable:
Bonsai cannot be held accountable for:
The Agreement is valid for an indefinite duration. The cardholder can terminate his agreement at any time free of charge. He can do this by removing his Digital Card from Apple Pay. Bonsai can terminate the agreement at any time with a notice period of two months. The termination by bonsai must be done on a durable electronic medium. Bonsai has the right to terminate the agreement immediately, without prior notice of default or judicial intervention:
Termination of the card will automatically and at the same time lead to the termination of the Agreement on the part of the cardholder.
The cardholder may terminate the use of their Digital bonsai card in Apple Pay at any time free of charge by removing their Digital Card from the Wallet app, without having to notify bonsai.
When the cardholder registers their card in the Wallet app and uses Apple Pay, bonsai and Apple collect and process their personal data. Bonsai and Apple each act separately as data controller:
Bonsai processes the personal data, among other things, for the control and correct execution of payment transactions with the Digital Card via Apple Pay. Bonsai will process the concrete technical details of the transaction, such as the card number, the amount and the name of the merchant. Bonsai also receives the technical characteristics of the device on which the cardholder uses Apple Pay, such as the name of the device, relevant identifiers of the device, the IP address. Bonsai shares the transaction data with Apple via Apple Pay. Apple stores the personal data in the United States. As an organization, Apple has certified itself for the EU-US Privacy Shield. Apple will use that information to detect and combat fraud, analyze and improve the use of Apple Pay, compile reports on Apple Pay activities and promote Apple Pay. Apple may provide reports to third parties about the number of Apple Pay users. Apple may also transfer the personal data to third parties if required by law, or where third parties process the information on behalf of Apple. The cardholder can find more specific information about the processing of personal data by Apple in the Apple Pay Terms. The cardholder can find more general information about the processing and exchange of personal data by bonsai and about his rights in the Privacy Policy of bonsai.
Apple Pay is developed and owned by Apple.