Apple Pay Terms and Conditions
Apple Pay Apple Pay allows you to store virtual representations of credit and debit cards on your supported iOS mobile device to make contactless payments at select merchants utilizing the merchant’s contactless terminal or in-app or other digital commerce payments at merchants participating in the Apple Pay service.
Enrolling an AVIDIA BANK Credit or Debit Card in Apple Pay You can enroll an eligible AVIDIA BANK Credit or Debit Card in Apple Pay by inputting your Credit or Debit Card information into the Apple Pay application of your compatible iOS mobile device consistent with the Apple Pay application’s instructions. Only those AVIDIA BANK Cards that we specify and approve are eligible and can be enrolled to be used with the Apple Pay service. Any account information entered into the Apple Pay application is provided by you and you are solely responsible for the completeness and accuracy of this account information. When you enroll your AVIDIA BANK Credit or Debit Card in Apple Pay, you are permitted to use your compatible iOS mobile device to pay for purchases with your AVIDIA BANK Credit or Debit Card account where ever Apple Pay is accepted. Apple Pay may not be utilized or accepted at all places where your AVIDIA BANK Credit or Debit Card is accepted.
Your Credit or Debit Card Agreement Continues to Apply These Terms form a part of and are in addition to your AVIDIA BANK MasterCard Credit or Debit Card Agreement and Disclosure Statement (Consumer & Business). In the event of conflicts between the Terms and those terms of the Credit or Debit Card Agreement, these Terms shall control. The terms of the Credit or Debit Card Agreement continue to apply to your AVIDIA BANK Credit or Debit Card and do not change when you add your AVIDIA BANK Credit or Debit Card to the Apple Pay application. Apple Pay simply provides another method for you to make purchases with your AVIDIA BANK Credit or Debit Card. Any applicable interest, fees, and charges that apply to your AVIDIA BANK Credit or Debit Card will also apply when you use Apple Pay to access your AVIDIA BANK Credit or Debit Card.
Third Party Fees and Charges AVIDIA BANK does not charge you any additional fees for adding your AVIDIA BANK Credit or Debit Card to Apple Pay or using Apple Pay to pay for a transaction using your AVIDIA BANK Credit or Debit Card. Third parties such as wireless companies or data service providers may charge you fees for enrolling in and using Apple Pay and you are responsible for any such wireless carrier data or usage fees incurred.
AVIDIA BANK Is not Responsible for Apple Pay We are not the provider of Apple Pay, and we are not responsible for providing the Apple Pay service to you. We are not responsible for any failure of the Apple Pay service, or your inability to use Apple Pay for any transaction. We are not responsible for the performance or non-performance of the Apple Pay Provider or any other third parties regarding any agreement you enter into with the Apple Pay Provider or associated third party relationships that may impact your use of Apple Pay.
No Illegal Use You agree not to use your AVIDIA BANK Credit or Debit Card and Apple Pay for illegal or fraudulent purposes, or any other purposes which are prohibited by the Apple Pay application license and these Terms. You further agree to use your AVIDIA BANK Credit or Debit Card and Apple Pay in accordance with applicable law and regulations.
Security You are responsible for keeping your Apple Pay login and credentials private and secure. After enrolling in Apple Pay, you should secure your mobile device with the same care you would your AVIDIA BANK Credit or Debit Card, cash, checks and other personal identification numbers and passwords in order to avoid unauthorized use of your AVIDIA BANK Credit or Debit Card account(s). If you share your credentials with any other person, they may be able to use your iOS mobile device and get access to your personal and payment information available through the Apple Pay service. You should call us immediately if you believe your iOS mobile device or authentication credentials have been lost, stolen or compromised in any way or an unauthorized person has used or may use your credentials without your authorization.
Terminating or Changing these Terms We can terminate these Terms at any time with or without prior advance notice, however, we will provide notice if required by law. We can also change these Terms, or add or delete any terms in these Terms, at any time. You cannot change these terms, but you can terminate these Terms at any time by removing your AVIDIA BANK Credit or Debit Card from the Apple Pay application.
DISCLAIMER OF WARRANTIES You expressly acknowledge and agree that the use of Apple Pay is at your sole risk. To the extent permitted by applicable law, the ability to use your AVIDIA BANK Credit or Debit Card with Apple Pay is provided to you “as is” and “as available,” with all defects that may exist from time to time and without warranty of any kind, and AVIDIA BANK, on behalf of itself and its suppliers, hereby disclaims all warranties and conditions with respect to Apple Pay, whether express, implied or statutory, including, but not limited to, the implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third party rights. We, on behalf of ourselves and our suppliers, also do not warrant against interference with your enjoyment of Apple Pay, or that the functions contained in the Apple Pay service, or services performed or provided by the Apple Pay Provider, will meet your requirements, that the operation or availability of Apple Pay will be uninterrupted or error-free, or that defects in Apple Pay will be corrected. No oral or written information or advice given by AVIDIA BANK, any of its authorized representatives or any third party shall create any warranty to you. Access, use and maintenance of Apple Pay depend on the Apple Pay Provider and the networks of wireless carriers. AVIDIA BANK does not operate the Apple Pay service or such networks and has no control over their operations. AVIDIA BANK will not be liable to you for any circumstances that interrupt, prevent or otherwise affect the functioning of Apple Pay, such as unavailability of the Apple Pay service or your wireless service, communications, network delays, limitations on wireless coverage, system outages, or interruption of a wireless connection. AVIDIA BANK disclaims any responsibility for the Apple Pay service or any wireless service used to access, use or maintain Apple Pay. Use of Apple Pay involves the electronic transmission of personal information through third party connections. Because we do not operate or control these connections, we cannot guarantee the privacy or security of these data transmissions. Additionally, your supported iOS device’s browser is generally pre-configured by your wireless carrier. Check with the Apple Pay Provider and your wireless carrier for information about their privacy and security practices. For personal or confidential information sent to or from AVIDIA BANK over the internet from your supported iOS mobile device, we reserve the right to limit such connections to “secure sessions” that have been established using transportation layer security or other security standards we select. We make no guarantees about the information shown in the Apple Pay service. We also are not responsible for your supported iOS device or the software or hardware it contains and make no representations, warranties, or guarantees regarding the same. This Section shall survive any termination of these Terms.
Notices and Electronic Communications You consent to receive electronic communications and disclosures from us in connection with your AVIDIA BANK Credit or Debit Card and Apple Pay. You agree that we can contact you by email at any email address you provide us in connection with any AVIDIA BANK account. We can also provide notices to you concerning these Terms and your use of your AVIDIA BANK Credit or Debit Card with Apple Pay by posting the material on our website (www.avidiabank.com), by calling you at the telephone number you provide to us, or by contacting you at the current address we have on file for you. You further agree to update your contact information with us when it changes.
Governing Law and Disputes These Terms are governed by federal law and, to the extent state law applies, the laws of the state that apply to the agreement under which your AVIDIA BANK Credit or Debit Card is covered. Disputes arising out of or relating to these Terms will be subject to any dispute resolution procedures in your AVIDIA BANK Credit or Debit Card Agreement.
Questions If you have any questions, disputes, or complaints about the use of your AVIDIA BANK Credit or Debit Card with Apple Pay, contact the Apple Pay Provider using the information given to you by the provider. If you have questions, disputes, or complaints about your AVIDIA BANK Credit or Debit Card, then contact us at: 1-800-508-2265.
Rev: Dec 11, 2015