TD Mobile Payment
Terms and Conditions
The following terms and conditions, and any amendments (the "Terms") are a legal agreement between you ("you" or "your") and The Toronto-Dominion Bank and its affiliates in Canada ("TD", "we" or "us") for your use of TD Mobile Payment ("TD Mobile Payment"), a feature contained within the TD Mobile Banking Application ("TD Mobile App").
It is important that you read and understand these Terms. By clicking the "I agree" button or by using TD Mobile Payment, you are taken to have read and agreed to these Terms. If you do not agree with these Terms, you must not use TD Mobile Payment. These Terms will apply every time you use TD Mobile Payment.
Information about TD Mobile Payment
1. TD Mobile Payment is a "virtual wallet", a payment tool enabling you to use mobile devices (each a "Mobile Device") to complete transactions with participating merchants. Transactions are completed through point of sale terminals by wirelessly transmitting your credit card, debit card, stored value card, loyalty card or other payment card that TD determines is eligible to be used with TD Mobile Payment (each, a "Payment Card"). TD Mobile Payment is not a credit card, debit card or other financial product, it is simply another way you can use your Payment Card. When you use your Payment Card through TD Mobile Payment to transact with a merchant it is the same as if you swiped, inserted, waved or tapped your physical Payment Card or signed the credit card slip or electronic signature device presented by the merchant. TD may, from time to time, remove one or more of your Payment Cards from TD Mobile Payment with or without notice to you. We may suspend, cancel or block your access to or use of TD Mobile Payment at any time and for any reason, without notice or liability to you.
TD Agreements
2. The terms of the agreements that you entered into or may enter into with TD for a particular product or service (including the Payment Card), as such agreements are amended or replaced from time to time (the "TD Agreements") apply to your use of TD Mobile Payment. These Terms are in addition to and do not in any way amend or replace the TD Agreements that apply to your particular product or service or the use of your Payment Card, unless we have specifically advised you in these Terms. Nothing in these Terms changes your responsibilities under the TD Agreements. If there is a conflict between the terms of the TD Agreements and these Terms, these Terms will apply but only to the extent of the conflict. If the Canadian Code of Practice for Consumer Debit Card Services (the "Debit Code") applies to these terms and there is a conflict between these Terms and the Debit Code, the Debit Code will apply but only to the extent of the conflict.
Use of Third Party Payment Cards in TD Mobile Payment and Third Party Cardholder Agreements
3. When you use a Payment Card in TD Mobile Payment that is issued or provided to you by someone other than TD (a "Third Party") you are responsible for ensuring that the terms of the agreement that apply to the Payment Card issued or provided by that Third Party (each a "Third Party Cardholder Agreement") permit your use and enrollment of the Third Party Payment Card through TD Mobile Payment. You may not load a Third Party Payment Card on to TD Mobile Payment if the Third Party Cardholder Agreement restricts it. You are responsible for the completeness and accuracy of any information about a Third Party Payment Card that you store or provide in TD Mobile Payment and any other related information you store in TD Mobile Payment. Under these Terms, a Third Party Payment Card is also a Payment Card.
Care and Control of Your Mobile Device, TD Mobile Payment and User Information
4. You are responsible for the care and control of your Mobile Device, TD Mobile Payment (including the Payment Cards loaded into TD Mobile Payment) and the user identification, PIN, safekeys or safepicture, if applicable, password, passcode and verification questions and answers ("User Information"). You must take reasonable steps to safeguard and protect your Mobile Device, User Information and TD Mobile Payment.
You must:
5. Notify TD at once at 1-800-388-6888 if you suspect your Mobile Device or SIM card is lost or stolen or you suspect your User Information has become known to another person because until you notify us, you will be responsible for all transactions completed through TD Mobile Payment. When you notify us, we will block your User Information to restrict access to TD Mobile Payment. You must also contact your wireless services carrier if your Mobile Device or SIM card is lost or stolen.
Disposing of Your Mobile Device
6. Before you sell, give away, or dispose of your Mobile Device or SIM Card, you must notify us at 1-800-388-6888 because until you notify us, you will be responsible for all transactions completed through TD Mobile Payment.
Disabling Your TD Mobile Payment User Account
7. You may disable your TD Mobile Payment user account at any time by removing all of your Payment Cards from TD Mobile Payment or by calling TD at 1-800-388-6888. If you do not disable your TD Mobile Payment user account, you will be responsible for all transactions completed through TD Mobile Payment even if you uninstall the TD Mobile App. Disabling your TD Mobile Payment user account will not change any obligations you have under the TD Agreements, including obligations to make any payments that you owe.
Responsibility for Your Mobile Device and to Your Mobile Device Provider
8. You are solely responsible for: (i) acquiring any hardware, device, wireless or Internet access required for you to use TD Mobile Payment; and (ii) any fees or other charges imposed by your Mobile Device provider, wireless services carrier or Internet service provider. It is your responsibility to determine if your Mobile Device provider, wireless services carrier or Internet service provider supports TD Mobile Payment or if your Mobile Device is capable of accessing the Internet.
9. You acknowledge that these Terms are between you and TD and not with the app store provider (i.e. Research In Motion E-Commerce Inc. (Blackberry), Google Inc. or Apple Inc.). You agree that the app store provider: (a) is not liable to you in any way whatsoever for the distribution, use, performance or non-performance of TD Mobile Payment; (b) has no obligation whatsoever to furnish any maintenance and support services to you with respect to TD Mobile Payment; (c) is not responsible for addressing any claims you may have relating to TD Mobile Payment or your possession or use of TD Mobile Payment; (d) is not responsible for any third party claims that TD Mobile Payment or your possession or use of TD Mobile Payment infringes that third party's intellectual property rights; and (e) is a third party beneficiary to these Terms solely in respect of this Section 9.
Installing and Using Modifications to TD Mobile Payment
10. If we upgrade, update or modify TD Mobile Payment (including bug fixes, patches and new versions provided to you, the "Modifications"), you may be required to promptly install and use the Modifications in order for you to be able to continue to access and use TD Mobile Payment. TD may provide you with prior notice of the Modifications. However, if the Modifications are for the proper functioning of TD Mobile Payment, or safety or security of TD Mobile Payment or any systems or networks, TD may not provide you with prior notice. TD is under no obligation to make Modifications.
License Grant
11. You are granted a limited, revocable, non-transferable, non-exclusive license to use TD Mobile Payment on a Mobile Device that you own or control. TD can terminate this license at any time and with or without any reason. TD Mobile Payment is licensed, not sold, to you. You must not rent, lease, lend, sell, redistribute or sublicense TD Mobile Payment. You agree that TD retains all right, title and interest in and to TD Mobile Payment including copies and portions of it. You may not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of, TD Mobile Payment or any part of it. You may not use TD Mobile Payment or a Payment Card for any purpose that is illegal, fraudulent or infringes another person's rights. You agree to comply with any other requirements, restrictions or limitations provided by TD upon notice to you. You further agree to comply with any requirements, restrictions or limitations provided by a third party (including the app store provider, your Mobile Device provider or your wireless services carrier) relating to your use of TD Mobile Payment.
Submissions
12. If you want to submit ideas, suggestions or materials to TD regarding TD Mobile Payment (or any other particular product or service offered by TD ("Submissions")), through any means whatsoever, you grant to TD and its contractors and third party service providers an unrestricted, irrevocable, transferable, non-exclusive, perpetual, worldwide license to use, copy, sell, disclose or publish the Submissions for any purpose whatsoever (including developing and marketing products, services or content using the Submissions), and without any requirement for us to provide you with any credit, notice, approval or compensation for any such use. You waive your moral rights in the Submissions.
Possible Effects of Installation, Removal or Usage of TD Mobile Payment and Disclaimer of Damages and Warranty
13. By using TD Mobile Payment on your mobile device, it is possible that the warranties covering your mobile device are voided, that your mobile device may be damaged, that data stored in your mobile device may be corrupted, and that you or your property may be damaged. You agree that your use of or inability to use TD Mobile Payment is at your sole risk. TD Mobile Payment is provided "as is" and "as available" for your use, without warranties or conditions of any kind, express, implied, statutory or collateral, including all implied warranties or conditions of merchantable quality, fitness for a particular purpose, title, and noninfringement.
Limitation of Liability
14. You agree that to the extent not prohibited by law, in no event will TD and its officers, directors, shareholders, employees, agents and subcontractors be liable for any damages (including incidental, special, indirect, consequential or punitive damages, damages for loss of profits, revenue, opportunity, loss of data or business interruption), arising out of or related to your use or inability to use TD Mobile Payment, however caused.
If You Have a Problem or Concern
15. If you have a problem or concern you may call us toll free at 1-866-222-3456 or visit us at any branch. For a more detailed overview of our complaint process visit us at www.td.com.
If you have a complaint regarding a potential violation of a consumer protection law, a public commitment, or an industry code of conduct, you can contact the Financial Consumer Agency of Canada (FCAC) in writing at 6th Floor, Enterprise Building, 427 Laurier Ave. West, Ottawa, Ontario, K1R 1B9. The FCAC can also be contacted by telephone at 1-866-461-3222 (en français 1-866-461-2232) or through its website at www.fcac-acfc.gc.ca. Please note that the FCAC does not become involved in matters of redress or compensation.
Terms Drawn Up in English
16. It is the express wish of the parties that these Terms and any directly or indirectly related documents be drawn up in English. Les parties ont exprimé la volonté expresse que les présentes modalités et tous les documents s'y rattachant directement ou indirectement soient rédigés en anglais.
Changes to These Terms
17. We may add to or change the provisions of these Terms at any time. We will notify you of any additions or changes to these Terms by posting the notice on www.td.com/to-our-customers/index.jsp or we may choose to send you notice of those additions or changes by other means. Once we provide you with notice, the Terms are amended and you accept the changes as of the effective date of the notice. If you do not agree with these Terms, as amended, you must not use TD Mobile Payment. You may review the most current version of the Terms at any time at www.td.com/to-our-customers/index.jsp or by selecting the "Legal" link at the bottom of the screen.
Consent for a Wireless Carrier to Share Data with TD, to Install TD Mobile Payment and to Receive Text Alerts
18. By using TD Mobile Payment I agree and consent:
19. For the purposes of TD Mobile Payment, TD will collect your name, mobile phone number, country code, mobile device identification number (IMEI), ICCID which identifies your SIM card, IP address, credit card number, nickname and expiry date, whatever Payment Card and account information you provide, and other information arising from your use of TD Mobile Payment, including payment transactions (collectively called "Mobile Data").
1. TD Mobile Payment is a "virtual wallet", a payment tool enabling you to use mobile devices (each a "Mobile Device") to complete transactions with participating merchants. Transactions are completed through point of sale terminals by wirelessly transmitting your credit card, debit card, stored value card, loyalty card or other payment card that TD determines is eligible to be used with TD Mobile Payment (each, a "Payment Card"). TD Mobile Payment is not a credit card, debit card or other financial product, it is simply another way you can use your Payment Card. When you use your Payment Card through TD Mobile Payment to transact with a merchant it is the same as if you swiped, inserted, waved or tapped your physical Payment Card or signed the credit card slip or electronic signature device presented by the merchant. TD may, from time to time, remove one or more of your Payment Cards from TD Mobile Payment with or without notice to you. We may suspend, cancel or block your access to or use of TD Mobile Payment at any time and for any reason, without notice or liability to you.
TD Agreements
2. The terms of the agreements that you entered into or may enter into with TD for a particular product or service (including the Payment Card), as such agreements are amended or replaced from time to time (the "TD Agreements") apply to your use of TD Mobile Payment. These Terms are in addition to and do not in any way amend or replace the TD Agreements that apply to your particular product or service or the use of your Payment Card, unless we have specifically advised you in these Terms. Nothing in these Terms changes your responsibilities under the TD Agreements. If there is a conflict between the terms of the TD Agreements and these Terms, these Terms will apply but only to the extent of the conflict. If the Canadian Code of Practice for Consumer Debit Card Services (the "Debit Code") applies to these terms and there is a conflict between these Terms and the Debit Code, the Debit Code will apply but only to the extent of the conflict.
Use of Third Party Payment Cards in TD Mobile Payment and Third Party Cardholder Agreements
3. When you use a Payment Card in TD Mobile Payment that is issued or provided to you by someone other than TD (a "Third Party") you are responsible for ensuring that the terms of the agreement that apply to the Payment Card issued or provided by that Third Party (each a "Third Party Cardholder Agreement") permit your use and enrollment of the Third Party Payment Card through TD Mobile Payment. You may not load a Third Party Payment Card on to TD Mobile Payment if the Third Party Cardholder Agreement restricts it. You are responsible for the completeness and accuracy of any information about a Third Party Payment Card that you store or provide in TD Mobile Payment and any other related information you store in TD Mobile Payment. Under these Terms, a Third Party Payment Card is also a Payment Card.
Care and Control of Your Mobile Device, TD Mobile Payment and User Information
4. You are responsible for the care and control of your Mobile Device, TD Mobile Payment (including the Payment Cards loaded into TD Mobile Payment) and the user identification, PIN, safekeys or safepicture, if applicable, password, passcode and verification questions and answers ("User Information"). You must take reasonable steps to safeguard and protect your Mobile Device, User Information and TD Mobile Payment.
You must:
- keep possession of the Mobile Device;
- keep a lock screen or passcode lock (each a "Device Lock") on your Mobile Device at all times;
- keep your User Information separate from the Mobile Device;
- keep your User Information strictly confidential and not share it with anyone;
- take all reasonable precautions to ensure that no one finds out your User Information, including while you key in User Information on your Mobile Device;
- avoid User Information and Device Locks that may be easily determined by others, such as birthdays, phone numbers, age, social insurance number, etc.; and
- ensure that each password or other identifier is unique.
Note: when you set TD Mobile Payment to "Always On" mode, it is always ready for a purchase, whether TD Mobile Payment is open or closed or TD Mobile App is deleted from your Mobile Device. The "Always On" mode will allow you to complete transactions with your Mobile Device without entering the passcode you created to access TD Mobile Payment or entering the Device Lock you created to access your Mobile Device.
Lost or Stolen Mobile Device or SIM Card and Unauthorized Access to Your User Information5. Notify TD at once at 1-800-388-6888 if you suspect your Mobile Device or SIM card is lost or stolen or you suspect your User Information has become known to another person because until you notify us, you will be responsible for all transactions completed through TD Mobile Payment. When you notify us, we will block your User Information to restrict access to TD Mobile Payment. You must also contact your wireless services carrier if your Mobile Device or SIM card is lost or stolen.
Disposing of Your Mobile Device
6. Before you sell, give away, or dispose of your Mobile Device or SIM Card, you must notify us at 1-800-388-6888 because until you notify us, you will be responsible for all transactions completed through TD Mobile Payment.
Disabling Your TD Mobile Payment User Account
7. You may disable your TD Mobile Payment user account at any time by removing all of your Payment Cards from TD Mobile Payment or by calling TD at 1-800-388-6888. If you do not disable your TD Mobile Payment user account, you will be responsible for all transactions completed through TD Mobile Payment even if you uninstall the TD Mobile App. Disabling your TD Mobile Payment user account will not change any obligations you have under the TD Agreements, including obligations to make any payments that you owe.
Responsibility for Your Mobile Device and to Your Mobile Device Provider
8. You are solely responsible for: (i) acquiring any hardware, device, wireless or Internet access required for you to use TD Mobile Payment; and (ii) any fees or other charges imposed by your Mobile Device provider, wireless services carrier or Internet service provider. It is your responsibility to determine if your Mobile Device provider, wireless services carrier or Internet service provider supports TD Mobile Payment or if your Mobile Device is capable of accessing the Internet.
9. You acknowledge that these Terms are between you and TD and not with the app store provider (i.e. Research In Motion E-Commerce Inc. (Blackberry), Google Inc. or Apple Inc.). You agree that the app store provider: (a) is not liable to you in any way whatsoever for the distribution, use, performance or non-performance of TD Mobile Payment; (b) has no obligation whatsoever to furnish any maintenance and support services to you with respect to TD Mobile Payment; (c) is not responsible for addressing any claims you may have relating to TD Mobile Payment or your possession or use of TD Mobile Payment; (d) is not responsible for any third party claims that TD Mobile Payment or your possession or use of TD Mobile Payment infringes that third party's intellectual property rights; and (e) is a third party beneficiary to these Terms solely in respect of this Section 9.
Installing and Using Modifications to TD Mobile Payment
10. If we upgrade, update or modify TD Mobile Payment (including bug fixes, patches and new versions provided to you, the "Modifications"), you may be required to promptly install and use the Modifications in order for you to be able to continue to access and use TD Mobile Payment. TD may provide you with prior notice of the Modifications. However, if the Modifications are for the proper functioning of TD Mobile Payment, or safety or security of TD Mobile Payment or any systems or networks, TD may not provide you with prior notice. TD is under no obligation to make Modifications.
License Grant
11. You are granted a limited, revocable, non-transferable, non-exclusive license to use TD Mobile Payment on a Mobile Device that you own or control. TD can terminate this license at any time and with or without any reason. TD Mobile Payment is licensed, not sold, to you. You must not rent, lease, lend, sell, redistribute or sublicense TD Mobile Payment. You agree that TD retains all right, title and interest in and to TD Mobile Payment including copies and portions of it. You may not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of, TD Mobile Payment or any part of it. You may not use TD Mobile Payment or a Payment Card for any purpose that is illegal, fraudulent or infringes another person's rights. You agree to comply with any other requirements, restrictions or limitations provided by TD upon notice to you. You further agree to comply with any requirements, restrictions or limitations provided by a third party (including the app store provider, your Mobile Device provider or your wireless services carrier) relating to your use of TD Mobile Payment.
Submissions
12. If you want to submit ideas, suggestions or materials to TD regarding TD Mobile Payment (or any other particular product or service offered by TD ("Submissions")), through any means whatsoever, you grant to TD and its contractors and third party service providers an unrestricted, irrevocable, transferable, non-exclusive, perpetual, worldwide license to use, copy, sell, disclose or publish the Submissions for any purpose whatsoever (including developing and marketing products, services or content using the Submissions), and without any requirement for us to provide you with any credit, notice, approval or compensation for any such use. You waive your moral rights in the Submissions.
Possible Effects of Installation, Removal or Usage of TD Mobile Payment and Disclaimer of Damages and Warranty
13. By using TD Mobile Payment on your mobile device, it is possible that the warranties covering your mobile device are voided, that your mobile device may be damaged, that data stored in your mobile device may be corrupted, and that you or your property may be damaged. You agree that your use of or inability to use TD Mobile Payment is at your sole risk. TD Mobile Payment is provided "as is" and "as available" for your use, without warranties or conditions of any kind, express, implied, statutory or collateral, including all implied warranties or conditions of merchantable quality, fitness for a particular purpose, title, and noninfringement.
Limitation of Liability
14. You agree that to the extent not prohibited by law, in no event will TD and its officers, directors, shareholders, employees, agents and subcontractors be liable for any damages (including incidental, special, indirect, consequential or punitive damages, damages for loss of profits, revenue, opportunity, loss of data or business interruption), arising out of or related to your use or inability to use TD Mobile Payment, however caused.
If You Have a Problem or Concern
15. If you have a problem or concern you may call us toll free at 1-866-222-3456 or visit us at any branch. For a more detailed overview of our complaint process visit us at www.td.com.
If you have a complaint regarding a potential violation of a consumer protection law, a public commitment, or an industry code of conduct, you can contact the Financial Consumer Agency of Canada (FCAC) in writing at 6th Floor, Enterprise Building, 427 Laurier Ave. West, Ottawa, Ontario, K1R 1B9. The FCAC can also be contacted by telephone at 1-866-461-3222 (en français 1-866-461-2232) or through its website at www.fcac-acfc.gc.ca. Please note that the FCAC does not become involved in matters of redress or compensation.
Terms Drawn Up in English
16. It is the express wish of the parties that these Terms and any directly or indirectly related documents be drawn up in English. Les parties ont exprimé la volonté expresse que les présentes modalités et tous les documents s'y rattachant directement ou indirectement soient rédigés en anglais.
Changes to These Terms
17. We may add to or change the provisions of these Terms at any time. We will notify you of any additions or changes to these Terms by posting the notice on www.td.com/to-our-customers/index.jsp or we may choose to send you notice of those additions or changes by other means. Once we provide you with notice, the Terms are amended and you accept the changes as of the effective date of the notice. If you do not agree with these Terms, as amended, you must not use TD Mobile Payment. You may review the most current version of the Terms at any time at www.td.com/to-our-customers/index.jsp or by selecting the "Legal" link at the bottom of the screen.
Consent for a Wireless Carrier to Share Data with TD, to Install TD Mobile Payment and to Receive Text Alerts
18. By using TD Mobile Payment I agree and consent:
- to my wireless services carrier notifying TD when I report my Mobile Device or SIM Card lost or stolen and I also agree that my wireless services carrier may share information with TD about my Mobile Device (including the status of my SIM) or my Mobile Device account in order for TD to provide me with TD Mobile Payment and to protect both TD and me from fraud and error;
- to the following being loaded to my Mobile Device or SIM card in order to be able to use TD Mobile Payment: (i) applications which are offered by TD and the payment network; and (ii) Mobile Data (as such term is defined in Section 19); and
- to receive text alerts from TD on my Mobile Device regarding my TD Mobile Payment user account. I also acknowledge that if I no longer want to receive text alerts from TD, I can reply to a TD text alert with the word "STOP" or change my settings in my TD Mobile Payment user account. I acknowledge and agree that standard message and data rates may apply.
19. For the purposes of TD Mobile Payment, TD will collect your name, mobile phone number, country code, mobile device identification number (IMEI), ICCID which identifies your SIM card, IP address, credit card number, nickname and expiry date, whatever Payment Card and account information you provide, and other information arising from your use of TD Mobile Payment, including payment transactions (collectively called "Mobile Data").
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