Last Revised: April 2015
Please note that you are responsible to maintain the confidentiality and security of your means of access to Apple Pay including your User ID and passwords. If you share your means of access with other persons or parties, they may be able to access information and services available through Apple Pay. Please note that Apple, your wireless carrier and others may have fees (such as data usage or text messaging charges imposed on you by your wireless carrier) associated with Apple Pay and may also have limitations and restrictions related to Apple Pay. You agree to be solely responsible for all such fees and to comply with such limitations and restrictions. Apple may also have minimum software and hardware requirements. Dollar Bank is not responsible for the security or any other aspect of Apple’s or any third party’s products or services. Dollar Bank is also not responsible for any support or assistance for any third party hardware, software or other products or services (including Apple Pay or your Apple Pay supported device (“Device”).
1. APPLE PAY MOBILE CARDS
A Mobile Card on Apple Pay permits you to use your Device to make payments at merchants’ point-of-sale terminals or readers that accept Apple Pay and in-app or other digital commerce payments at merchants participating in Apple Pay. You agree to use your Dollar Bank debit card only with a Device properly equipped with Apple Pay and to comply with all terms and conditions applicable to Apple Pay. Please contact Apple if you have questions about the Devices that are eligible for use with Apple Pay.
When you select your Dollar Bank debit card and deposit information to use as a Mobile Card with Apple Pay, certain account information will be transmitted to and stored within your Device as a Mobile Card in Apple Pay. By selecting a Mobile Card and placing your Device near a merchant’s contactless-enabled point-of-sale terminal or reader or using a Mobile Card for an in-app or digital commerce purchase, you are authorizing the payment for the merchant’s products or services with that Mobile Card through Apple Pay. Merchants may also require presentation of your Dollar Bank debit card or your identification document(s) for security purposes.
Please be aware that Apple Pay also provides you access to information related to the Dollar Bank debit card and the related Dollar Bank deposit account added to your Device which may include recent purchases (including those not made with your Device) or information about your debit card being suspended or cancelled such as if your debit card was suspended for security reasons. Please also note that some of the transactions may be pending (such as pre-authorizations at gas stations) and are subject to change prior to posting. Apple Pay permits you to turn this function off at your option.
Purchases and other transactions made with your Dollar Bank debit card and Dollar Bank deposit account through Apple Pay are governed by the Dollar Bank Deposit Agreement and applicable disclosures in the same manner as purchases and transactions made with your physical Dollar Bank debit card.
2. USE OF INFORMATION
You agree that Dollar Bank may also collect and use technical data and related information, including information about your Device to facilitate Dollar Bank’s services. You may receive push notifications from us from time to time reflecting your deposit account activity. If you do not wish to receive notifications, you may turn off these notifications.
3. USE OF INFORMATION - THIRD PARTIES
4. LOST/STOLEN DEVICE OR CREDENTIALS AND UNAUTHORIZED USE OF YOUR DEVICE
Call us immediately at the telephone number printed on the back of your Dollar Bank debit card if you believe your Device or your credentials for Apple Pay have been lost or stolen or someone has used or may use your Device or your credentials for Apple Pay without your authorization. Also change your credentials for Apple Pay immediately to avoid any unauthorized use of your Dollar Bank debit card or of your personal information.
You must cooperate with us in any investigation and use any fraud prevention or other related measures we prescribe.
Apple Pay and your Device may contemplate certain security features and procedures to protect against unauthorized use of a Mobile Card. These features and procedures are the sole responsibility of Apple. You agree not to disable any of these security features and to use these security features and procedures to safeguard your Mobile Cards.
You are responsible for maintaining the confidentiality of your User IDs and passwords and other means to access Apple Pay. You should keep your Device and your credentials for Apple Pay secure. Subject to the Dollar Bank Deposit Agreement and applicable disclosures, you are responsible for all transactions made using Apple Pay.
6. CONTINUED PARTICIPATION IN APPLE PAY
Please be aware that Dollar Bank reserves the right to seek damages and costs (including attorney’s fees) from any person or party attempts to interfere or damage the operation of a Mobile Card associated with a Dollar Bank debit card and a Dollar Bank deposit account.
7. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF APPLE PAY AND ANY MOBILE CARD IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, APPLE PAY AND ANY MOBILE CARD IS PROVIDED TO YOU "AS IS" AND WITHOUT WARRANTY OF ANY KIND.
DOLLAR BANK DISCLAIMS ALL WARRANTIES WITH RESPECT TO APPLE PAY AND ANY MOBILE CARD, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ACCURACY.
DOLLAR BANK DOES NOT WARRANT THAT APPLE PAY OR MOBILE CARD WILL MEET YOUR REQUIREMENTS OR THAT APPLE PAY OR MOBILE CARD WILL BE UNINTERRUPTED OR ERROR-FREE. DOLLAR BANK ALSO DOES NOT WARRANT THAT ANY DEFECTS IN APPLE PAY OR MOBILE CARD WILL BE CORRECTED.
YOU ACKNOWLEDGE AND AGREE THAT THE USE OF MOBILE CARD DEPEND ON APPLE PAY AND THE NETWORKS OF WIRELESS CARRIERS AND THAT DOLLAR BANK DOES NOT OPERATE APPLE PAY OR THE NETWORKS AND HAS NO CONTROL OVER THEIR OPERATIONS.
DOLLAR BANK WILL NOT BE LIABLE TO YOU FOR ANY CIRCUMSTANCES THAT INTERRUPT OR OTHERWISE IMPACT THE FUNCTIONING OF ANY MOBILE CARD, SUCH AS UNAVAILABILITY OF APPLE PAY DUE TO NETWORK DELAYS OR OUTAGES.
YOU ACKOWLEDGE AND AGREE THAT THE USE OF APPLE PAY AND MOBILE CARD INVOLVES THE ELECTRONIC TRANSMISSION OF PERSONAL INFORMATION THROUGH THIRD PARTY CONNECTIONS OVER WHICH DOLLAR BANK HAS NO CONTROL AND YOU ACKNOWLEDGE AND AGREE THAT DOLLAR BANK CANNOT ENSURE OR GUARANTEE THE SECURITY OF THESE CONNECTIONS AND DATA TRANSMISSIONS.
YOU ACKOWLEDGE AND AGREE THAT YOUR DEVICE IS GENERALLY PRE-CONFIGURED WITH PRIVACY AND/OR SECURITY SETTINGS BY YOUR WIRELESS CARRIER AND DOLLAR BANK HAS NO CONTROL OVER THESE PRIVACY AND SECURITY SETTINGS. CHECK WITH APPLE AND YOUR WIRELESS CARRIER FOR INFORMATION ABOUT THEIR PRIVACY AND SECURITY PRACTICES.
YOU ACKNOWLEDGE AND AGREE THAT DOLLAR BANK MAY LIMIT CONNECTIONS FOR MOBILE CARD TO CONNECTIONS THAT HAVE BEEN ESTABLISHED USING SECURITY WE SELECT.
DOLLAR BANK MAKES NO WARRANTY OR REPRESENTATION REGARDING YOUR DEVICE.
8. LIMITATION OF LIABILITY
9. GOVERNING LAW AND FORUM
In the event of any claim or demand that is subject to this indemnification, Dollar Bank shall choose its own counsel to defend the subject matter. You shall have the right, at your own expense, to participate in any such matter through counsel of your own choice, however, Dollar Bank shall solely control the subject matter of the defense.
As a condition to activating and using Mobile Card, you consent to receive certain messages we may send you on your Device from us. You also agree to receive notices and other communications from us by e-mail to the e-mail address on file for the relevant Dollar Bank debit card and applicable Dollar Bank deposit account, posting within your online account, or through the messaging capabilities of Apple Pay. We may also contact you as needed via phone or regular mail.