Terms of Use for Credit and Debit Cards in Mobile Payment and Digital Wallet Services

 

These Terms of Use (the “Terms”) are a legal agreement between you and Citizens Bank, Elizabethton, Tennessee (“the Bank,” “we” or “us”), regarding the use of your eligible Citizens Bank Visa credit or debit Mastercard (each, a “Card”) in certain supported mobile payment and digital wallet services (each a “Digital Wallet”) offered through one or more software application(s) on your eligible device (the “Device”). Digital Wallets we currently support include Google Pay offered by Google Payment Corp. (“Google”), Samsung Pay offered by Samsung Pay Inc. (“Samsung”), and Apple Pay offered by Apple Inc. (“Apple”). We may elect to support additional Digital Wallets from time to time, in our sole and absolute discretion. These Terms shall also apply to any such additional Digital Wallet. Google, Samsung, Apple, and any other provider of a Digital Wallet are each referred to in this Agreement as a “Provider” and collectively as “Providers”.

 

You may set up one or more Digital Wallets on your Device using the Provider’s software application, which will allow you to add your Card for use with the Provider’s Digital Wallet. Each Digital Wallet permits you to maintain a digital version of your Card on your Device, which may be used to authorize payment in stores accepting contactless payments and online or in apps offering the Digital Wallet as a payment method.

 

 By loading a Card into a Digital Wallet, you represent and warrant each time you do so that you are the cardholder whose name is embossed on the Card. You agree that, by loading your Card into the Digital Wallet, (a) you are requesting that one or more virtual card number(s) for that Card be created on your behalf, from time to time, that emulate your Card and may be used to access your Card account and authorize Card transactions, and (b) any future use of a virtual card number and the Digital Wallet to conduct a transaction shall be subject to the terms and conditions of your existing agreements with us governing the Card used in the transaction, as well as the terms and conditions of any agreement you have with any Provider. Such agreements may include the Card Regulations and Interest Rate and Interest Charges Disclosure for your Citizens Bank Visa Credit Card(s) and your existing Debit Card Agreement and Disclosure Statement for your Citizens Bank Debit Mastercard(s), as each may be amended from time to time. You further agree that we may require you to take additional steps to confirm your identity before we provide you with a virtual card number and that we may refuse to provide you with a virtual card number at our sole discretion.

 

The following additional terms, notices and conditions apply to the use of your Card in a Digital Wallet:

 

  1. Cardholder Agreements. Nothing in these Terms supersedes or otherwise modifies any agreement you may have with us concerning the terms and conditions applicable to your Card. If there is a conflict between any such agreement and these Terms, that agreement shall take precedence over these Terms.

 

  1. Software. To utilize each Digital Wallet, you are required to utilize, download and/or install an application or other software from the Provider. The Provider may require that you install software updates from time to time.

 

  1. No Affiliation with the Providers. Citizens Bank is not affiliated with any Provider and does not represent or endorse any Provider and has no responsibility for (a) the safety, quality, accuracy, reliability, integrity or legality of any product, offer, loyalty program or other item that may be stored, redeemed and/or utilized as part of any process related to any Digital Wallet, (b) the truth or accuracy of the description of any product or of any advice, opinion, offer, proposal, statement, data or other information displayed or distributed, purchased or paid for through any Digital Wallet, or (c) the availability, integrity, or security of any Digital Wallet.

 

  1. Availability. The availability and functionality of each Digital Wallet, or any part thereof, depends on various factors and elements, including software, hardware and communication networks that are provided by third parties. These are not fault free, and the Bank does not warrant or guarantee that any Digital Wallet will operate without disruption, errors or interruptions, or that a Digital Wallet will be accessible or available at all times. While your account with the Bank remains active, you may continue to use your Card in the traditional manner even if the Digital Wallet is not properly functioning.

 

  1. Changes to Terms.  Citizens Bank may modify these Terms at any time. Your continued use of your Card through a Digital Wallet will indicate your acknowledgment of, and intent to be bound by, any modifications made subsequent to your initial acceptance of these Terms.

 

  1. Privacy.  Any personal information provided to a Provider shall be subject to the terms and conditions of that Provider’s privacy policy.

 

  1. Unauthorized Use. You agree not to use or allow others to use your Card in a Digital Wallet in any way that would violate any agreement you have with us, including, but not limited to, any prohibition on fraudulent or illegal activity contained in the agreement(s) governing your use of the Card. If you permit other persons to use your Card in a Digital Wallet, you are responsible for any transactions they authorize to the extent permitted by applicable law and the agreement(s) controlling the Card.

 

  1. Support. If you have a Citizens Bank Debit MasterCard, please call us at (866) 882-2265 for support related to your Card being used in a Digital Wallet or if your Device is lost, stolen or compromised. If you have a Citizens Bank Credit Card, please call us at (800) 423-7503 for support related to your Card used in a Digital Wallet or if your Device is lost, stolen or compromised.

 

  1. Third-party Fees. You are responsible for any fees charged by any third party in connection with your use of a Digital Wallet, including, without limitation, your mobile telephone service provider, Internet provider or any

 

  1. Severability Clause. If any term, provision, covenant or condition of these Terms is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions of these terms shall remain in full force and effect and shall in no way be affected, impaired or invalidated.

 

  1. Applicable Law. These Terms are governed by, and shall be construed in accordance with, the laws of the State of

 

  1. No Warranty. EACH DIGITAL WALLET IS PROVIDED BY ITS PROVIDER ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CITIZENS BANK DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MARKETABILITY, TITLE, QUALITY, AND NON-INFRINGEMENT. CITIZENS BANK EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH RESPECT TO EACH DIGITAL WALLET, INCLUDING WITH RESPECT TO THE ACCURACY OR FUNCTIONALITY OF THE DIGITAL WALLET, OR THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY INFORMATION AVAILABLE THROUGH THE DIGITAL WALLET.

 

  1. Limitation of Liability. EACH DIGITAL WALLET IS PROVIDED BY ITS PROVIDER ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CITIZENS BANK, OUR PROCESSORS, SUPPLIERS, OR LICENSORS (OR OUR OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF A DIGITAL WALLET, INCLUDING YOUR USE OF YOUR CARD IN CONNECTION WITH A DIGITAL WALLET. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF YOUR CARD IN A DIGITAL WALLET.  IN NO EVENT SHALL WE, OUR PROCESSORS, AGENTS, SUPPLIERS, OR LICENSORS (OR OUR OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING $500.  THESE LIMITATIONS OF LIABILITY APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.