Samsung Pay and Android Pay Terms and Conditions

These Terms of Use for Samsung Pay / Android Pay (“Terms”) apply when you add an eligible AVIDIA BANK Credit or Debit Card to, and otherwise use, the Samsung Pay / Android Pay service offered by Samsung and/or its agents (“Samsung Pay / Android Pay Provider”). In these Terms, “you” and “your” refer to the cardholder of the AVIDIA BANK Credit or Debit Card, and “we”, “our”, and “AVIDIA BANK” refer to the issuer of your AVIDIA BANK Credit or Debit Card, which is Avidia Bank of Hudson Massachusetts. When you enroll your AVIDIA BANK Credit or Debit Card to use Samsung Pay / Android Pay you agree to these Terms.

Samsung Pay / Android Pay Samsung Pay / Android Pay allows you to store virtual representations of credit and debit cards on your supported Android mobile device to make contactless payments at select merchants utilizing the merchant’s contactless terminal or in­app or other digital commerce payments at merchants participating in the Samsung Pay / Android Pay service.

Enrolling an AVIDIA BANK Credit or Debit Card in Samsung Pay / Android Pay You can enroll an eligible AVIDIA BANK Credit or Debit Card in Samsung Pay / Android Pay by inputting your Credit or Debit Card information into the Samsung Pay / Android Pay application of your compatible Android mobile device consistent with the Samsung Pay / Android 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 Samsung Pay / Android Pay service. Any account information entered into the Samsung Pay / Android 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 Samsung Pay / Android Pay, you are permitted to use your compatible Android mobile device to pay for purchases with your AVIDIA BANK Credit or Debit Card account where ever Samsung Pay / Android Pay is accepted. Samsung Pay / Android 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 Samsung Pay / Android Pay application. Samsung Pay / Android 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 Samsung Pay / Android 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 Samsung Pay / Android Pay or using Samsung Pay / Android 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 Samsung Pay / Android Pay and you are responsible for any such wireless carrier data or usage fees incurred.

AVIDIA BANK Is not Responsible for Samsung Pay / Android Pay We are not the provider of Samsung Pay / Android Pay, and we are not responsible for providing the Samsung Pay / Android Pay service to you. We are not responsible for any failure of the Samsung Pay / Android Pay service, or your inability to use Samsung Pay / Android Pay for any transaction. We are not responsible for the performance or non-performance of the Samsung Pay / Android Pay Provider or any other third parties regarding any agreement you enter into with the Samsung Pay / Android Pay Provider or associated third party relationships that may impact your use of Samsung Pay / Android Pay.

No Illegal Use You agree not to use your AVIDIA BANK Credit or Debit Card and Samsung Pay / Android Pay for illegal or fraudulent purposes, or any other purposes which are prohibited by the Samsung Pay / Android Pay application license and these Terms. You further agree to use your AVIDIA BANK Credit or Debit Card and Samsung Pay / Android Pay in accordance with applicable law and regulations.

Security You are responsible for keeping your Samsung Pay / Android Pay login and credentials private and secure. After enrolling in Samsung Pay / Android 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 Android mobile device and get access to your personal and payment information available through the Samsung Pay / Android Pay service. You should call use immediately if you believe your Android 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.

Privacy Your privacy and the security of your information are important to us. The U.S. Consumer Privacy Notice available online at (https://www.avidiabank.com/sites/default/files/avidiabankprivacynotice.pdf) applies to your use of your AVIDIA BANK Credit or Debit Card with Samsung Pay / Android Pay. You agree that we may share your information with the Samsung Pay / Android Pay Provider and its agents, any payment network, and others in order to provide the services you have requested, to make information available to you about your AVIDIA BANK Credit or Debit Card transactions, and to improve your ability to use these services. This information helps us to enable you to enroll your AVIDIA BANK Credit or Debit Card in Samsung Pay / Android Pay and to maintain your AVIDIA BANK Credit or Debit Card for the use of Samsung Pay / Android Pay. We do not control the privacy and security of your information that may be held by the Samsung Pay / Android Pay Provider and its agents, and that is governed by the privacy policy given to you by the Provider when you sign up for and enroll in Samsung Pay / Android Pay.  When you enroll your AVIDIA BANK Credit or Debit Card in and use Samsung Pay / Android Pay, personal information you provide about you and your card are transmitted through third party connections and may be collected by the Samsung Pay / Android Pay Provider in order to determine your eligibility and otherwise enable you to use Samsung Pay / Android Pay. Because we do not operate or control these third party connections, we cannot guarantee the security or privacy of the transmissions of your information.

Removing Your AVIDIA BANK Credit or Debit Card from Samsung Pay / Android Pay You should contact the Samsung Pay / Android Pay Provider to determine how to remove your AVIDIA BANK Credit or Debit Card from the Samsung Pay / Android Pay service. If you remove your AVIDIA BANK Credit or Debit Card from the Samsung Pay / Android Pay application and service and subsequently re-enroll your AVIDIA BANK Credit or Debit Card in Samsung Pay / Android Pay, your use of Samsung Pay / Android Pay will be subject to the AVIDIA BANK Terms of Use for Samsung Pay / Android Pay then in effect. Except as otherwise required by applicable law, we reserve the right to restrict, suspend or terminate your use of your AVIDIA BANK Credit or Debit Card with Samsung Pay / Android Pay at any time without notice and for any reason, including if you violate these Terms or the terms of the Credit or Debit Card Agreement. This right to restrict, suspend or terminate your AVIDIA BANK Credit or Debit Card may be at any time and from time to time and either temporarily or permanently. You further understand and acknowledge that the Samsung Pay / Android Pay Provider may suspend your ability to use your AVIDIA BANK Credit or Debit Card with the Samsung Pay / Android Pay service in accordance with the terms and conditions you agree to when enrolling in Samsung Pay / Android Pay. You agree that we will not be liable to you or any third party for any restriction, suspension or termination of your use of your AVIDIA BANK Credit or Debit Card with Samsung Pay / Android Pay.

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 Samsung Pay / Android Pay application.

DISCLAIMER OF WARRANTIES You expressly acknowledge and agree that the use of Samsung Pay / Android 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 Samsung Pay / Android 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 Samsung Pay / Android 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 Samsung Pay / Android Pay, or that the functions contained in the Samsung Pay / Android Pay service, or services performed or provided by the Samsung Pay / Android Pay Provider, will meet your requirements, that the operation or availability of Samsung Pay / Android Pay will be uninterrupted or error-free, or that defects in Samsung Pay / Android 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 Samsung Pay / Android Pay depend on the Samsung Pay / Android Pay Provider and the networks of wireless carriers. AVIDIA BANK does not operate the Samsung Pay / Android 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 Samsung Pay / Android Pay, such as unavailability of the Samsung Pay / Android 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 Samsung Pay / Android Pay service or any wireless service used to access, use or maintain Samsung Pay / Android Pay. Use of Samsung Pay / Android 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 Android device's browser is generally pre-configured by your wireless carrier. Check with the Samsung Pay / Android 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 Android 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 Samsung Pay / Android Pay service. We also are not responsible for your supported Android 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.

LIMITATION OF LIABILITY EXCEPT AS OTHERWISE PROVIDED BY LAW, IN NO EVENT SHALL AVIDIA BANK, ITS DIRECT OR INDIRECT SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR DEATH, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF OR DAMAGE TO DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL OR FINANCIAL DAMAGES, LOST REVENUES, OR OTHER LOSSES OF ANY KIND, ARISING OUT OF THESE TERMS OF USE OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE ANY AVIDIA BANK CREDIT OR DEBIT CARD WITH THE SAMSUNG PAY / ANDROID PAY SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THESE TERMS OF USE SHALL OPERATE SO AS TO EXCLUDE OR LIMIT OUR OR OUR SUPPLIERS' LIABILITY FOR ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. Federal law and the laws of certain states or other jurisdictions may not allow the exclusion or limitation of certain damages. If these laws apply, some or all of the above exclusions or limitations may not apply to you, and you may have rights in addition to those contained in these Terms. 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 Samsung Pay / Android 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 Samsung Pay / Android 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 Samsung Pay / Android Pay, contact the Samsung Pay / Android 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: Oct 5, 2016